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

Chapter 4765-10 | Complaints

 
 
 
Rule
Rule 4765-10-01 | Definitions for disciplinary actions.
 

(A) "Limit" or "restrict" means to preclude a certificate holder from engaging in a particular conduct or activity, to impose conditions on the manner in which such conduct or activity may be performed, or to require the certificate holder to abide by specific conditions in order to continue functioning under the holder's certificate.

(B) "Revocation" means the loss of a certificate issued under Chapter 4765. of the Revised Code for at least one year from the date on which the board order revoking the certificate was journalized.

(C) "Suspension" means the temporary loss of a certificate issued under Chapter 4765. of the Revised Code.

Last updated June 15, 2022 at 3:09 PM

Supplemental Information

Authorized By: 4765.11
Amplifies: 4765.10, 4765.18, 4765.23, 4765.33
Five Year Review Date: 6/1/2027
Prior Effective Dates: 12/27/2007
Rule 4765-10-02 | Investigations.
 

(A) The division shall investigate all complaints on behalf of the board and in accordance with section 4765.101 of the Revised Code.

(B) After an investigation is completed and based on the findings of such investigation, the board may initiate disciplinary proceedings in accordance with Chapter 119. of the Revised Code and this chapter.

(C) If, based on the findings of an investigation, the board determines that no further action on a complaint is warranted, then the case shall be closed accordingly.

(D) The division shall conduct all investigations and any related proceedings, in such a manner as to protect patient confidentiality and in accordance with section 4765.102 of the Revised Code.

(E) Notwithstanding paragraph (D) of this rule, a patient may consent to have the board release the patient's name or other identifying information that was collected as part of the division's investigation, provided the consent is in writing and signed by the patient in order to be considered proper.

If a patient is less than eighteen years of age, such consent shall be in writing and signed by the patient's parent, guardian, or legal custodian in order to be considered proper.

(F) No member of the board who participates in an investigation shall participate in any further adjudication of the case.

(G) No member of the board who participates in an investigation at the local level or is involved in a case locally, shall participate in any investigation or adjudication of the same case by the board.

Last updated June 15, 2022 at 3:09 PM

Supplemental Information

Authorized By: 4765.11
Amplifies: 4765.10, 4765.101, 4765.102
Five Year Review Date: 6/1/2027
Prior Effective Dates: 1/1/1996, 2/22/1999, 3/23/2003
Rule 4765-10-03 | Administrative actions.
 

(A) The board, pursuant to Chapter 119. of the Revised Code, and by a vote of the majority of all members, may suspend, revoke, refuse to grant, limit, or refuse to renew any certificate issued by the board, issue a written reprimand, or impose a fine not to exceed one thousand dollars if it determines that the person committed fraud in passing the examination or committed fraud, misrepresentation, or deception in applying for or securing any certificate issued by the board.

(B) The board, pursuant to Chapter 119. of the Revised Code, and by a vote of the majority of all members, may suspend, revoke, refuse to grant, limit, or refuse to renew any certificate issued by the board, impose a fine not to exceed one thousand dollars, or issue a written reprimand if it finds a certificate holder has any of the following:

(1) A violation of any provision of Chapter 4765. of the Revised Code or Chapters 4765-1 to 4765-19 of the Administrative Code;

(2) Conviction of, pled guilty to, had a judicial finding of guilt for, or had a judicial finding of eligibility for treatment and/or intervention in lieu of conviction for:

(a) Any felony offense;

(b) A misdemeanor committed in the course of practice;

(c) A misdemeanor involving moral turpitude;

(d) Violation of any federal, state, county, or municipal narcotics or controlled substance law;

(e) Any act committed in another state or jurisdiction that, if committed in Ohio, would constitute a violation set forth in this paragraph;

(f) A violation of division (A) of section 4765.50 of the Revised Code;

(g) Engaged in sexual contact, as described in section 2907.01 of the Revised Code, with a patient other than the spouse of the person issued a certificate to practice, regardless of whether the contact was consensual;

(h) Assaulted or caused physical harm to a patient or deprived a patient of the means to summon assistance.

(3) An adjudication of mental incompetence by a court of law;

(4) An inability to practice according to acceptable and prevailing standards of care by reason of mental illness, physical illness, or habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice;

(5) Any violation of the professional standards of conduct established in Chapter 4765-9 of the Administrative Code;

(6) Any violation of any conditions of a consent agreement or an order issued by the board;

(7) Denial, revocation, suspension, or restriction of authority to engage in a licensed profession or practice a health care occupation, including emergency medical services, in Ohio or another state or jurisdiction.

(C) The board, pursuant to Chapter 119. of the Revised Code, and by a vote of the majority of all members, may suspend, revoke, refuse to grant, limit, or refuse to renew a certificate of accreditation or a certificate of approval issued by the board, impose a fine not to exceed one thousand dollars, or issue a written reprimand, if it finds any of the following:

(1) A violation of any provision of Chapter 4765. of the Revised Code or Chapters 4765-1 to 4765-19 of the Administrative Code;

(2) Any violations of any conditions of a consent agreement or an order issued by the board.

(D) When the board takes any disciplinary action under this rule, the board may specify that its action is permanent.

Last updated June 15, 2022 at 3:09 PM

Supplemental Information

Authorized By: 4765.11
Amplifies: 4765.33
Five Year Review Date: 6/1/2027
Prior Effective Dates: 2/22/1999, 1/13/2002, 12/27/2007
Rule 4765-10-05 | Report of administrative actions.
 

(A) When the board takes disciplinary action against a holder of a certificate to practice, a certificate of accreditation, a certificate of approval, or a certificate to teach, in accordance with this chapter, the board shall advise:

(1) The person against whom such action is taken;

(2) Any other state or public agencies for which such notice is appropriate;

(3) Any EMS organizations the certificate holder is employed by or with whom the certificate holder is affiliated.

(B) All administrative actions that result in discipline, suspension, revocation, or limitation of certification shall be published on the division's website.

(C) The division shall compile on an annual basis a report on complaints received, investigations conducted, and administrative actions taken.

Last updated June 15, 2022 at 3:09 PM

Supplemental Information

Authorized By: 4765.11
Amplifies: 4765.18, 4765.23, 4765.33
Five Year Review Date: 6/1/2027
Prior Effective Dates: 2/22/1999, 3/23/2003, 3/1/2018
Rule 4765-10-06 | Medical director.
 

Nothing in this chapter shall be construed as restricting or otherwise limiting the right of a physician who serves as the medical director for any EMS organization to determine those EMS providers whom the medical director will allow to provide emergency medical services, or to withdraw blood for evidence collection, under the auspices of the medical director's certificate to practice medicine and surgery, or osteopathic medicine and surgery, issued under Chapter 4731. of the Revised Code. The medical director, however, shall not authorize EMS providers to provide emergency medical services beyond the scope of their certificates to practice.

Last updated June 15, 2022 at 3:09 PM

Supplemental Information

Authorized By: 4765.11, 4765.38, 4765.39
Amplifies: 4765.38, 4765.39, 1547.11, 4506.17, 4511.19
Five Year Review Date: 6/1/2027
Prior Effective Dates: 12/2/2010