January 18, 2006
DATij-; ? (g12 2QQtlb i>Jr7 PM
Columbus OH 432 l 5
Phone:(614) 644-7032 Fax:(614) 752-2539
NOTICE OF PUBLIC RULES HEARING
The Ohio State Chiropractic Board hereby announces that a public hearing will be held on February 2? 2007 at 1:30 p.m. in the Vern Riffe Center for Government and the Arts, 77 South High Street; 19'u Floor, Room 1932, Columbus, Ohio for the purpose of adopting a new administrative rule and amending certain existing administrative rules. The hearing will be recorded at the expense of the Board.
In accordance with Ohio Administrative Code Section 4734-2-01, any person affected by the new proposed rule or any proposed rule amendment may:
•
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• Present their positions, argumen? or contentions, orally or in writing; r and examine witnesses;
• Present evidence tending to show that the proposed rule or amendments, if adopted or effectuated, would be unreasonable or unlawful.
The board will also pennit persons affected by the proposed rule or rules amendments to present their positions, arguments, or contentions in writing. Written testimony must be received in the Board office by February 22, 2007 at I :30 p.m. to be included in the hearing record. You are not required to appear at the hearing if you choose to present your position, arguments or contentions in wnting.
Upon closure of the hearing record, the board will thoroughly review and consider all testimony. The board may make changes to a rule based on testimony received. Ifthe board refiles a rule, a second public hearing notice is not required unless the change in the rule makes the rule inconsistent with the public hearing notice provided with the original rule filing.
Prior to the effective date of a rule or amendment, the board shall make a reasonable effort to inform those affected by the rule or amendment. The method of notification will include posting the full text of the rules as adopted or amended on the board 's web site and by sending notification to all current licensees via regular mail. Any person or his or her a?omey who provided evidence, oral testimony, and/or a written statement which were made part of the record of the public hearing will also receive notification by regular mail.
A !I:'.???? of the proposed rule and rules amendments are listed as follows. For detailed inf ormation on all chanees and amendments, the full text of each rule is posted on the Board 's website at www.chirobd.ohio.1:mv. Click on the link "Proposed New Rule and Rules Amendments." You may also
contact the Board office for a full copy of the proposed new rule and rules amendments.
Prooosed New Rule
4734-8-02 Unlicensed Supportive Personnel
Defines unlicensed supportive personnel and the duties such personnel may and may not perform.
Prooosed Rule Amendments
4734-1-02 Public Notice of Meetings
Removes the annual $10 fee for receiving advance notification of meetings of the Board.
4734- I -09 Organizational Memberships
Amends how voting delegates for the Federation of Chiropractic Licensing Boards and the National Board of Chiropractic Examiners are selected; and requires the voting delegate to vote according to a majority of the Board.
4734-1" 15 Scope of Practice
Defines chiropractic physicians as primary health care providers trained to examine diagnose and assume responsibility for the care of patients in both health and disease qualified to consult with, refer to and/or receive referrals from other health care providers; includes and pe?nits the practice of chiropractic to include rehabilitative procedures ; and removes the prohibit ion of advertising and practicing as homeopathic physicians.
4734-5-01 Board-Approved Chiropractic Educational Institutions and Programs
Defines that graduate doctors of chiropractic shall be qualified to consult with, refer to and/or receive referral s ?om other health care providers; and defines the minimum curriculum subjects of Board-approved chiropractic colleges.
PHN p ?7??35128) d(l 43856)
OVER
print date 01/1912007 9 08 PM
4734-6 03 Temporary Licenses
Correction only in paragraph (A). Change 4734.09 ?4734.27.
4734 6-04 Preceptorships
Changes the number of years in practice requirement for Ohio licensees servmg as preceptors ?om five years to seven years
4734-6-08 Pre-Chiropractic Educat10nal Requirements
Corrects reference ?om foreign applicants to foreign educated applicants; and requires that e?ctive January I, 2010 all applicants for licensure must possess a mm1mum of a bachelor 's degree.
4734-7-02 Application and Requirements for Approval of Continuing Education Programs
More clearly defines the reqmrements ?r approval of continuing education programs, requires programs to be sponsored by a board approved chiropractic college, a non-profit chiropractic association registered with the state of Ohio Secretary of State, or an accredited academic health institut10n or hospital, requires instructors who mtend to practice chiropractic as p?t of their progr?n to obtain a temporary license; reduces the application deadline ?om 60 to 45 days prior to the date of the program; requires instructors to complete an application for approval; adds topics to list of su?ects; removes the prohibition of cancellation of a program in the last quarter of the ye?to December only; removes hearmg requirement for denial of CE programs
4734-7 03 Continuing Education
Removes requirement for formal Board member approval for CE teaching credit; permits the Board to extend the CE deadline for illness, disability or other good cause shown
Quality Intervention Program
Changes to the rule are to more clearly define the QIP; reduces the number of panel members ?om five to three; outlmes reqmrements
?r participation agreement.
Documentation and Record Keeping
Changes title of rule ? m record keeping to mclude documentation; requires all services ordered by a chiropractic physician to be documented in the patient's file; requires a chiropractic physician to complete a report for each diagnostic procedure performed;
requires the release of patient records in accordance with ORC Secllon 3701.74
4734-8 05 Examination and Prescription Protocols
Adds language that evaluation and management be conduct?d as needed, based on each patient's condit10n, m accordance with prevailing standards of care; removes mco?ect reference to OAC Section 4734-8-01
4734 9-02 Advertising and Solicitation
Requrres all advertisements and solicitations to contain the frrst and last name of a designated chiropractic physician who has reviewed and approved the content of the advertisement or solicitation; deems said designated chiropractic physician responsible ?r solicitat10ns made by others on his or her behalf; requires all advertisements and solicitat10ns m connect10n with the practice of chiropractic to clearly reveal that the advertisement or sohc1tat10n 1s being made on behalf of a chiropractic phys1cian(s); requires one of these terms to be included in all advertisements and solicitat10ns: chiropractic, chiropractor, doctor of chiropractic or chiropractic
physician and the initials D.C. with a chrropract1c physicians name; requires a record of the names and telephone numbers of individuals solicited via phone, requires each telephone solic1tat10n to be recorded, requires chrropractic physicians to a mamtain a copy of the exact solicitation scnpt and a record of the names and telephone numbers of mdividuals contacted via a telecommunication device ?r one year from last date of use, requrres chiropractic physicians who solicit via any wn?en medmm to maintain a copy of the wntten solicitation and a record of the names, addresses, electromc mail address or other location where the solicitation was sent ?r one ye? from the date of last use, requires chiropractic physicians who sohc1t via in-person to maintain a record of the names of the mdividuals contacted, including their address and telephone number, and that any verbal comrnumcation
and/or written document disseminated to the individual comply with the Board's advert1smg and sohcitation rule and be maintamed
for one year from date of last use; deems failure to maintain the required solicitation records for one ye? a violation of the rule, reqmres ?e chiropractic physician or individual sohciting on behalf of a chiropractic physician to disclose the chiropractic physician 's
name and practice on whose behalf the solicitation is made
4734-9-03 Signage and Display of License
Changes title from signage to also include display of license; requires the display of chiropractic license.
4737-9-07 Billing Practices
Requires chrropractic physicians to release copies of billing records upon written request.
4737 9-08 Professional Ethics
Changes l!tle of rule from professional conduct to professional ethics, prohibits discrimination; requires consultallon with other health care profess10nals when beneficial to patient or when requested by patient; reqmres licensees to report violat10n of the Board's laws
and rules, prohibits remuneration for the referral of a patient to a clmic, laboratory or other health se?ice entI?,outlines procedures for discontinuing care; prohibits guarantees and taking advantage of a patient; requrres release of records.
Document Information
- File Date:
- 2007-01-19
- Five Year Review:
- Yes
- CSI:
- Yes
- Notice File:
- 4734_NO_35128_20070119_1417.pdf
- Rule File:
- 4734-6-04_PH_OF_A_RU_20070119_1417.pdf
- RSFA File:
- 4734-6-04_PH_OF_A_RS_20070119_1417.pdf
- Related Chapter/Rule NO.: (1)
- Ill. Adm. Code 4734-6-04. Preceptorships