Current through all regulations passed and filed through September 16, 2024
The board may refuse to admit for examination, issue, renew, or
may suspend, revoke, reprimand or place restrictions on any, certificate of
registration, or supervision endorsement applied for or issued under Chapter
4757. of the Revised Code, or may take other disciplinary action against any
licensee or registrant, if that person has:
(C) Committed a violation of any provision of
Chapter 4757. of the Revised Code, or of rules adopted under it, including the
provisions of section
4757.36 of the Revised Code; to
include any of the following:
(1) Knowingly
made a false statement in an application for licensure or registration, or in
renewal of a license or certificate of registration;
(2) Accepted a commission or rebate for
referring persons to any professionals licensed, certified, or registered by
any court or board, commission, department, division, or other agency of the
state, including, but not limited to, professionals in counseling, social work,
or marriage and family therapy or in fields related to counseling, social work,
or marriage and family therapy;
(3)
Failed to comply with section
4757.13 of the Revised
Code;
(4) Been denied, revoked,
suspended or had restrictions placed on any license including, but not limited,
to licensure to practice counseling, social work, marriage and family therapy, art therapy, or music therapy for any reason other
than failure to renew in another state or jurisdiction;
(5) Used a controlled substance or alcoholic
beverage to the extent that it impaired their ability to perform properly as a
licensee or registrant of the board;
(6) Been convicted of, pled guilty to, pled
no contest to, or had a judicial finding of guilt imposed in this state or in
any other state of a misdemeanor committed in the course of practice as a
professional counselor, professional clinical counselor, counselor trainee,
social work assistant, social worker, social worker trainee, independent social
worker, marriage and family therapist, independent marriage and family
therapist or marriage and family therapist trainee; art
therapist, or music therapist;
(7)
After initial
licensure, a conviction in this or any other state of a crime that is a felony
in this state;
(8) Been convicted of,
pled guilty to, pled no contest to, or had a judicial finding of guilt imposed
in this state or any other state or jurisdiction of a crime included in the
board's criminal conviction standards as established under section
9.79 of the Revised
Code;
(9) Committed any act
that could be considered a crime in the state of Ohio. The board will refer
this information to local law enforcement;
(10) In the case of
any licensees or registrant who is licensed or
registered with the board,
practiced outside of their scope of practice;
(11) Sold, given away,
diverted, or administered drugs for other than legal purposes; or been
convicted of, pled guilty to, pled no contest to, or had a judicial finding of
guilt imposed for violating any municipal, state, county or federal drug
law;
(12) Been
professionally diagnosed as having an impairment of the ability to practice
according to acceptable and prevailing standards of the
professions licensed by the board
, because of a physical or mental disability or drug or
alcohol addiction;
(13) Been adjudged by
a probate court that the applicant for licensure, licensee, or registrant is
mentally ill or mentally incompetent. The board may restore the license or
registration or review the application for licensure or registration upon the
adjudication by a probate court of the person's restoration to competency or
upon submission to the board of other proof of competency;
(14)
Engaging or aiding and abetting an individual to engage in the practice of
professional counseling, social work,
marriage and family therapy, art therapy, or music
therapy without a license, while holding a license in an inactive status,
or falsely using the title of counselor, social worker,
marriage and family therapist, art therapist, or music therapist;
(15)
Failure to submit any records or documents, written statements or explanations
that have been requested or subpoenaed by the board;
(16) Failure to report
any relevant information to the board concerning a counselor, marriage and
family therapist, social worker, social work assistant, applicant, or trainee
who is incapable of engaging in the practice of counseling, marriage and family
therapy, or social work with reasonable skill, competence, and safety to the
public, or failure to report any alleged violations of this act or rules
adopted under it;
(17) In the case of a
licensee with supervision endorsement or an independent license, failure to
report any relevant information to the board concerning a
licensee or registrant under their
work/clinical supervision or training supervision, who is incapable of engaging
in practice with reasonable skill, competence, and safety to the public, or
failure to report any alleged violations of this act or rules adopted under
it;
(18) Failure of a
licensee with supervision endorsement to respond in a timely manner to a
request from a current or former supervisee for an evaluation for an
independent license application;
(19) Failure to
cooperate in any investigation concerning allegations to
the
applicant's or registrant's license or registration or another licensee's
or registrant's license or registration;
(20)
Failure to maintain appropriate standards of care. Standards of care shall be
defined as what an ordinary, reasonable professional with similar training
would have done in a similar circumstance;
(21) The counselor,
social worker, and marriage and family therapist board, under the provisions of
the license or registration renewal requirements set forth in rule
4757-7-01 of the Administrative
Code, has the authority to discipline a licensee or registrant who:
(a) Falsifies the renewal form by stating
they have completed the required thirty hours of continuing education at the
time they signed the renewal, if it is proven they have not completed the
continuing education at that time. This provision does not apply to persons who
have received a waiver of continuing education requirements.
(b) When audited, cannot present proof of
thirty hours of approved continuing education.
(22)
Failure to adhere to any conditions set forth in a board approved adjudication
order or consent agreement.
