Current through all regulations passed and filed through September 16, 2024
The professional standards committees established under section
4757.04
of the Revised Code may utilize fines at the discretion of each committee. Per
division (E) of section
4757.10 of
the Revised Code the following fines are enumerated.
(A) Practicing without a valid license, which
includes practice prior to license and continuing to practice with an expired
license.
(1) Worked as a licensee for sixty
days or less without a valid license standard consent agreement terms:
(a) Written reprimand;
(b) Standard fine two hundred dollars for
independent practitioner licensee and one hundred dollars for all others;
and
(c) Fine to be paid within
sixty days of the effective date of the agreement.
(2) Worked for sixty-one to one hundred
twenty days without a valid license standard consent agreement terms:
(a) Suspension of fourteen days, plus an
additional day for each day he/she engaged in unlicensed practice;
(b) Standard fine of two hundred dollars for
independent practitioner licensee and one hundred dollars for other licensees
plus one hundred dollars per week after the first three weeks. Fine amount up
to five hundred dollars; and
(c)
Fine to be paid within sixty days of the effective date of the
agreement.
(3) Worked
for more than one hundred twenty days without a valid license standard consent
agreement terms:
(a) Suspension of four
months, plus an additional month for each month or part thereof he/she engaged
in unlicensed practice;
(b)
Standard fine of five hundred dollars for all licensees; and
(c) Fine to be paid within sixty days of the
effective date of the agreement.
(B) Fines may be levied in other discipline
cases where the professional standards committee believes the fine will be more
productive in correcting the issue than other discipline actions. Fine amounts
up to five hundred dollars per violation may be made using the aggravating and
mitigating factors in paragraph (F) of this rule in determining the proposed
fine amount.
(C) Failure to
complete the continuing education required for renewal, which is typically
discovered during a continuing education audit, which includes failure to
provide documentation of thirty hours of continuing education that meet the
requirements of rule
4757-7-01
of the Administrative Code. These terms will be implemented after a licensee
has failed a previous audit and paid a fee under rule
4757-1-05 of the
Administrative Code for failure to complete thirty continuing education hours
prior to renewal. The standard consent agreement terms are:
(1) Written reprimand;
(2) A five hundred dollar fine to be paid
within thirty days of the effective date of the agreement;
(3) Complete the number of continuing
education hours he/she was deficient within thirty days of the consent
agreement effective date and submit proof of completion on or before that date.
These hours shall not be counted toward his/ her next renewal.
(4) Agrees to audit for continuing education
the next time he/she renews his/her license.
(D) Applying for or renewing a license by
means of fraud/deceit. Includes failure to report discipline by another
jurisdiction, conviction, etc. May include:
(1) Written reprimand;
(2) Fine up to five hundred dollars with a
standard fine of two hundred fifty dollars;
(3) Fine to be paid within sixty days of the
effective date of the agreement; and
(4) Attend four hours of ethics training.
Course(s) must be at least a two semester hour or three quarter hour college
level or thirty hour continuing education course, no on-line courses.
Verification of completion shall be submitted to the investigation division
within thirty days of attendance. These hours will not count toward the
continuing education requirement for license renewal.
(E) Failure to respond to the continuing
education audit may include:
(1) Fine up to
five hundred dollars with a standard fine of two hundred fifty
dollars;
(2) Fine to be paid within
sixty days of the effective date of the agreement;
(3) Submit proof of thirty hours of
continuing education for the audit renewal period within thirty days of the
ratification of the agreement; and
(4) Agrees to audit for continuing education
the next time he/she renews his/her license.
(F)
Violations of
section
959.07
of the Revised Code:
(1)
For a first violation a confidential written warning
may be issued;
(2)
For a second violation, a fine of one hundred
dollars;
(3)
For a third or subsequent violation, a fine of five
hundred dollars.
(G) Aggravating and
mitigating factors to consider in levying fines. After a violation has been
established, the professional standards committee may consider aggravating and
mitigating factors/circumstances in determining the penalty to be imposed. If
the professional standards committee deems such circumstances to be sufficient
to justify a departure from the disciplinary guidelines, the reasons shall be
specified by the professional standards committee.
(1) Aggravating factors/circumstances are any
considerations or factors, which might justify an increase in the degree of
discipline to be imposed. Aggravating factors may include, but are not limited
to:
(a) Prior disciplinary actions;
(b) A pattern of misconduct;
(c) Multiple violations;
(d) Submission of false statements, false
evidence or other deceptive practices during the disciplinary
process;
(e) Refusal to acknowledge
wrongful nature of conduct;
(f)
Adverse impact of misconduct on others;
(g) Vulnerability of the victim;
and
(h) Willful or reckless
misconduct.
(2)
Mitigating factors/circumstances are any considerations, which might justify a
reduction in the degree of discipline to be imposed. Mitigating factors may
include, but are not limited to:
(a) Absence
of a prior disciplinary record;
(b)
Isolated incident, unlikely to recur;
(c) Full and free disclosure to the
board;
(d) Interim rehabilitation
or remedial measures;
(e) Absence
of adverse impact of misconduct on others;
(f) Remorse; and/or
(g) Absence of willful or reckless
misconduct.
