4734-7-02 Standards for board-approved continuing education sponsors; continuing education held within the state of Ohio.

January 18, 2006

DATij-; ? (g12 2QQtlb   i>Jr7 PM

Columbus OH 432 l 5

Phone:[phone]  Fax:[phone]

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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Appear and be heard in person, by the person's attorney, or both at the hearing on February 22, 2007;

•         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)

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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.