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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 4755-64 | Ethics; Investigations; Disciplinary Action

 
 
 
Rule
Rule 4755-64-01 | Ethical and professional conduct.
 

A license holder must provide professional services with objectivity and with respect for the unique needs and values of the health care recipient, as follows:

(A) A license holder must not discriminate on the basis of factors that are irrelevant to the provision of professional services including, but not limited to, race, creed, sex, national origin, age, or medical condition.

(B) Prior to a license holder entering into a contractual relationship with a health care recipient, the license holder must provide sufficient information to enable the health care recipient to make an informed decision to enter into a contractual relationship. Sufficient information must include any fees and arrangements for payment which might affect the decision.

(C) A license holder must not mislead the public and/or colleagues about services and must not advertise in a misleading manner.

(D) A license holder must not engage in any activities that seek to meet his or her personal needs at the expense or detriment of the health care recipient.

(E) A license holder must not receive or give a commission, rebate, or any other form of direct or indirect remuneration or benefit for the referral of patients/clients for professional services.

(F) A license holder must disclose to health care recipients any financial interest in commercial orthotics, prosthetics, or pedorthics device which the license holder promotes for the purpose of direct or indirect personal gain or profit.

(G) A license holder must not accept gratuities for any reason including, but not limited to, preferential consideration of the health care recipient.

(H) A license holder must report to the board any unprofessional, incompetent, unethical, or illegal behavior of an orthotist, prosthetist, prosthetist-orthotist, or pedorthist of which the person has knowledge. An obligation to report is inherent in the professions.

(I) A license holder must practice orthotics, prosthetics, or pedorthics in accordance with prevailing professional standards or guidelines and must not endeavor to extend his/her practice beyond his/her competence and the authority vested in him/her under division (B) of section 4779.02 of the Revised Code.

(J) A license holder must not carry out a prescribed service that he knows to be harmful to a patient.

(K) A license holder must only access health care recipient information which is necessary and relevant to his/her function and authority as a orthotics, prosthetics, or pedorthics provider.

(L) When responding to a consumer's, prescriber's or provider's request for orthotic, prosthetic, or pedorthic services, if it is evident from the initial evaluation and a review of patient history and/or chart information that another licensed orthotic, prosthetic, or pedorthic service provider is currently providing services based on the same or similar medical orders, the second provider has a professional duty of care to the consumer and the prescriber to contact the first provider and offer the opportunity to complete or clarify the appropriate provision of services.

(M) Maintenance of consumer care information

(1) A license holder must maintain consumer care documentation which includes, at minimum:

(a) Medical presentation/history data appropriate to the service provided;

(b) Evaluation and measurement data supporting device choice and recommendation;

(c) All dates of service with narrative progress notes describing presenting problem and service/procedure performed;

(d) Medical orders and therapist notes supporting services provided;

(e) Documentation required by third party payers including assignment of benefits, privacy notices, delivery receipts, financial arrangements, and records reflecting contacts for and provision of follow-up care;

(2) Consumer care data must be maintained with privacy and security safeguards appropriate to the data retained in file.

(3) The license holder responsible for provision of care should take steps to assure the consumer file data is maintained a minimum of five years from last date of service unless a longer period is required by federal or state law or conditions imposed by any third-party payer.

(N) A license holder, or an applicant for licensure, must provide a written response within a reasonable period of time not to exceed thirty days to any written inquiry regarding compliance with law or rule received from the board. A license holder or an applicant for licensure may not withhold or refuse to provide copies of any records requested by the board or its representative unless otherwise ordered by a court.

(O) A license holder must self report to the occupational therapy section, within thirty days, any of the items outlined in paragraphs (O)(1) to ())(7) of this rule. Failure to comply with paragraphs (O)(1) to (O)(7) of this rule may be grounds for disciplinary action pursuant to section 4779.28 of the Revised Code and in accordance with Chapter 119. of the Revised Code.

(1) Impairment by physical or mental illness, chemical use, or chemical dependency, that affects the applicant's or license holder's ability to practice with reasonable skill and safety.

(2) Conviction of a felony.

(3) Conviction of a misdemeanor when the act that constituted the misdemeanor occurred during the practice of orthotics, prosthetics, or pedorthics.

(4) The termination, revocation, or suspension of membership by a state or national orthotics, prosthetics, or pedorthics professional association.

(5) The termination, revocation, suspension, or sanctioning of a credential issued by a state or national orthotics, prosthetics, or pedorthics credentialing organization.

(6) A positive drug and/or alcohol screening.

(7) A finding of malpractice by a court of competent jurisdiction.

Last updated December 23, 2021 at 3:02 PM

Supplemental Information

Authorized By: 4779.08
Amplifies: 4779.28, 4779.29, 4779.30, 4779.99
Five Year Review Date: 10/1/2023
Prior Effective Dates: 11/1/2008
Rule 4755-64-02 | Proper use of credentials.
 

(A) A license holder must not misrepresent any professional qualifications or credentials or provide any information that is false, deceptive or misleading in connection with his/her own application for employment or work as an orthotics, prosthetics, or pedorthics practitioner.

(B) A license holder must not delegate the use of his/her name or signature on documentation for services unless he/she actually provided these services and has given permission to another person for such documentation, or unless he/she appropriately supervised those services.

(C) A license holder must not use any title, initials or acronym indicating ownership or possession of an advanced educational credential or degree unless such educational credential or degree was earned through the auspices of an institution recognized by an appropriate national or regional accrediting agency.

Supplemental Information

Authorized By: 4779.08
Amplifies: 4779.09, 4779.28
Five Year Review Date: 10/1/2023
Prior Effective Dates: 8/9/2002
Rule 4755-64-03 | Investigations.
 

(A) Pursuant to sections 4779.28 and 4779.33 of the Revised Code, the Ohio occupational therapy, physical therapy, and athletic trainers board must investigate compliance with Chapter 4779. of the Revised Code or any rule or order adopted by the board. The board must also investigate alleged grounds for the suspension, revocation, or refusal to issue or renew licenses, or reprimand, fine, or place a license holder on probation.

(B) Board investigators may conduct routine inspections at the work site of license holders to determine compliance with the laws and rules governing the practice of orthotics, prosthetics, and pedorthics. Investigators will carry proper identification to be shown upon request.

(C) Routine inspections include, but are not limited to, checking the display of wall certificates, verifying proper delegation of tasks performed by unlicensed personnel supervised by orthotics, prosthetics, and pedorthics staff, documentation, and/or medical records relating to orthotics, prosthetics, and pedorthics.

(D) Investigations of complaints must include search for specific evidence regarding the case. In accordance with division (B) of section 4779.28 of the Revised Code, the section may issue subpoenas to obtain copies of patient records and personnel files of license holders.

(E) All investigations/inspections must be conducted pursuant to the laws and rules of the state of Ohio.

Supplemental Information

Authorized By: 4779.08
Amplifies: 4779.28
Five Year Review Date: 10/1/2023
Rule 4755-64-04 | Denial and disciplinary action procedures.
 

(A) Denial of an application for licensure or examination or any proposed action against a license must be in accordance with Chapter 119. of the Revised Code.

(1) Pursuant to section 119.07 of the Revised Code, a request for an administrative hearing on the proposed action must be received by the board within thirty days of the mailing of the notice of opportunity for a hearing.

(2) If a request for an administrative hearing is not received by the board within thirty days of the mailing of the notice of opportunity for a hearing, the board, upon consideration of the charges cited, may take appropriate action in the absence of the applicant or license holder.

(B) The board may deny, limit, suspend, or revoke the license of any person or reprimand, fine, or place a license holder on probation for violation of any provision of Chapter 4779. of the Revised Code or any lawful order or rule of the board.

(C) If the physical or mental condition of a license holder is at issue in a disciplinary proceeding, the board may order the license holder to submit to reasonable examinations by a health care practitioner designated or approved by the board at the cost of the license holder.

(D) In accordance with section 4779.29 of the Revised Code, if the board determines that a license holder poses an immediate threat to the public, the board must immediately suspend the license of the orthotist, prosthetist, prosthetist-orthotist, or pedorthist prior to holding a hearing in accordance with Chapter 119. of the Revised Code. The board must notify the license holder of the suspension in accordance with section 119.07 of the Revised Code. If the license holder fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the board must enter a final order permanently revoking the person's license.

(E) The hearings and investigations related to Chapter 4779. of the Revised Code must be considered civil actions for the purposes of section 3123.43 of the Revised Code. Notwithstanding section 121.22 of the Revised Code, proceedings of the board relative to the investigation of a complaint or the determination whether there are reasonable grounds to believe that a violation of Chapter 4779. of the Revised Code occurred are confidential and are not subject to discovery in any civil action.

(F) If requested by the board, the prosecuting attorney of a county, the village solicitor, or the city director of law of a municipal corporation, whenever a violation of Chapter 4779. of the Revised Code allegedly occurs, must take charge of and conduct the prosecution.

(G) In addition to any other remedy provided in Chapter 4779. of the Revised Code, the board may request the attorney general or an appropriate prosecuting attorney to apply to an appropriate court for an order enjoining the violation of Chapter 4779. of the Revised Code. On a showing that a person has violated or is about to violate Chapter 4779. of the Revised Code, the court must grant an injunction, restraining order, or other order as appropriate. The injunction proceedings are in addition to all penalties and other remedies provided in Chapter 4779. of the Revised Code.

Supplemental Information

Authorized By: 4779.08
Amplifies: 4779.28, 4779.29, 4779.33
Five Year Review Date: 10/1/2023
Rule 4755-64-05 | Notice of change of name, place of employment, e-mail, and mailing address.
 

(A) A license holder must notify the board of any change of name, place of business or employment, e-mail address or mailing address within thirty days after the change.

(B) Notification may be made electronically by logging into the elicense system.

Supplemental Information

Authorized By: 4779.08
Amplifies: 4779.21
Five Year Review Date: 10/1/2023
Prior Effective Dates: 8/9/2002, 11/1/2010