(A) An applicant for an initial license
or certificate to practice or for a restored license or certificate to practice
pursuant to Chapter 4730., 4731., 4759., 4760, 4761., 4762., 4774., or 4778. of
the Revised Code, shall submit fingerprints, required forms, and required fees
to BCI for completion of BCI and FBI criminal records checks.
(1) An applicant who is
present in Ohio shall use the services of an entity that has been designated by
the Ohio attorney general to participate in the "National WebCheck"
program (available at http://www.ohioattorneygeneral.gov/) and pay any
processing fee charged by the entity, with the "State Medical Board of
Ohio" designated to receive the results:
(2) An applicant who
resides in a state or jurisdiction other than Ohio shall either appear in Ohio
in order to comply with the requirements of paragraph (A)(1) of this rule or
request that the board provide the forms required to complete the criminal
records checks.
Upon receipt of the forms, the applicant shall
have his or her fingerprints processed and pay any applicable processing
fees.
(B) The board shall maintain the criminal
records check reports in a manner that ensures the confidentiality of the
results, prevents disclosure pursuant to a public records request, and complies
with applicable state and federal requirements.
(C) The board shall not accept the
results of a criminal records check submitted by an entity other than
BCI.
(D) In reviewing the results of criminal
records checks to determine whether the applicant should be granted an initial
or restored certificate to practice, the board may consider all of the
following:
(1) The nature and
seriousness of the crime;
(2) The extent of the
applicant's past criminal activity;
(3) The age of the
applicant when the crime was committed;
(4) The amount of time
that has elapsed since the applicant's last criminal
activity;
(5) The conduct and work
activity of the applicant before and after the criminal activity;
(6) Whether the applicant
has completed the terms of any probation or deferred adjudication;
(7) Evidence of the
applicant's rehabilitation;
(8) Whether the applicant
fully disclosed the arrest or conviction to the board; and
(9) Any other factors the
board considers relevant.
