Current through all regulations passed and filed through September 16, 2024
(A) The board may refuse to admit for
examination, issue, renew, or may suspend, revoke, reprimand or place
restrictions on any license, certificate, or endorsement applied for under
Chapter 4758. of the Revised Code, or may take other disciplinary action
against any licensee, certificate holder, endorsee, or applicant for one or more of the following
reasons:
(1) Violation of any provision of
Chapter 4758. of the Revised Code or any rules adopted under it.
(2)
Making a false statement on an
application for a license, certificate, or endorsement or for renewal,
restoration or reinstatement of a license, certificate, or
endorsement.
(3) Acceptance of a
commission or rebate for referring an individual to a person who holds a
license, certificate, or endorsement issued by, or who is registered with, an
entity of state government, including persons practicing
substance use disorder counseling, gambling disorder
counseling, prevention services, or fields related to
substance use disorder counseling, gambling disorder
counseling, or prevention services.
(4) Conviction in this or any other state of
any crime that is a felony in this state.
(5) Conviction in this or any other state of
a misdemeanor committed in the course of practice as a licensee, certificate
holder or endorsee, or a theft, fraud, violent,
alcohol, drug, or sexual misdemeanor offense which relates to the ability to
practice substance use disorder or gambling disorder counseling, or prevention
services.
(6) Inability to
practice as a licensee, certificate holder or endorsee due to
substance use or abuse or other
physical or mental conditions.
(7)
Practicing outside the individual's scope of practice.
(8) Practicing without complying with
supervision requirements specified under section
4758.55,
4758.56,
4758.59,
4758.61 or
4758.63 of the Revised
Code.
(9) Violation of the code of
ethical practice and professional conduct for substance use disorder or gambling disorder
counseling, prevention services, or clinical
supervision outlined in rules
4758-8-01 to
4758-8-03 of the Administrative
Code.
(10) Revocation of a license
or certificate or voluntary surrender of a license or certificate in another
state or jurisdiction for an offense that would be a violation of section
4758.30 of the Revised
Code.
(11) Failure to meet
education, experience, examination, and other requirements set forth in Chapter
4758. of the Revised Code;
(B) Authority of the board to take action
against an applicant, licensee, certificate holder,
or endorsee:
(1) A violation of any of
the rules of conduct or ethical rules may result in one or more of the
following disciplinary actions:
(a) Refusal to
issue a license, certificate, or endorsement;
(b)
Refusal to renew a license, certificate, or endorsement;
(c)
Reprimand of a licensee, certificate holder, or endorsee;
(d)
Suspension of a license, certificate, or endorsement;
(e)
Revocation of a license, certificate, or endorsement;
or
(f)
Surrender of a license, certificate, or
endorsement.
(2)
Past disciplinary actions taken against a licensee or certificate holder of
this board may be considered in the choice of sanctions for a new offense.
Section of sanctions to be imposed shall be at the discretion of the board
after the licensee has been provided a right to a hearing pursuant to Chapter
119. and as outlined in section
4758.30 of the Revised
Code.
(C) Persons wishing
to file a
grievance against a licensee or certificate holder of
this board or against someone seeking licensure may do so by obtaining and
completing a written
grievance form and submitting it to the
board by mail, fax, or email.
(D) The board may initiate an investigation against a licensee
or certificate holder if the board has reason to believe that the licensee or
certificate holder is
violating
any laws
or rules
outlined in Chapter 4758. of the Revised Code or agency 4758 of the
Administrative Code.
(E)
The board shall give
the applicant, licensee, or certificate holder
notice in accordance with Chapter 119. and Chapter 4758. of the
Revised Code, if it intends to propose to reprimand, suspend, revoke,
place restrictions on, or fail to issue or renew
the license, certificate, or endorsement.
(F) If
the board decides to revoke a license, certificate, or endorsement, the
licensee or certificate holder
may reapply for the issuance of a license, certificate, or endorsement five
years after the revocation of the
license, certificate, or endorsement.
(G)
If the board
decides to deny the issuance of a license, certificate, or endorsement, the
applicant may reapply for the issuance of a license, certificate, or
endorsement not less than one year after the denial.
