Ohio Admin. Code 4734-11-01 - Military considerations
(A)
Definitions
(1)
"Armed forces"
has the meaning defined in section
5903.01 of the
Revised Code.
(2)
"Service member" has the meaning defined in section
5903.01 of the
Revised Code.
(3)
"Merchant marine" has the meaning defined in section
5903.01 of the
Revised Code.
(4)
"Veteran" has the meaning defined in section
5903.01 of the
Revised Code.
(5)
"Military duty" includes service in the uniformed
services on active duty, in the active guard and reserve, and as a military
technician dual status under
10 U.S.C
10216.
(6)
"Uniformed
services" has the meaning defined in
10
U.S.C. 101.
(B)
Temporary
chiropractic licensure.
(1)
For purposes of section
5903.03 of
the Revised Code, the board has determined that there are no military programs
of training, military primary specialties, or lengths of service that are
substantially equivalent to or that exceed the educational requirements for
licensure as a chiropractor.
(2)
Pursuant to
division (C) of section
4743.04
of the Revised Code, the board must issue a temporary license to practice
chiropractic, provided all of the following qualifications are met:
(a)
The individual
holds a valid license to practice chiropractic issued by any other state or
jurisdiction;
(b)
The individual is in good standing in all state(s) or
jurisdiction(s) of licensure;
(c)
The individual
presents adequate proof issued by the armed forces to the board that the
individual or the individual's spouse is on military duty in this state;
and
(d)
The individual complies with sections
4776.01
to
4776.04
of the Revised Code regarding submitting to a criminal records check to receive
a license.
(C)
The board must
notify the applicant that the board has received the results of a criminal
records check within twenty-four hours after receiving the results. The board
must issue a temporary license, provided that the applicant meets the
requirements of this rule, within fourteen days of having received the results
of a criminal records check. If the board finds that the individual is under
investigation by the licensing agency of any other state or jurisdiction, the
board may postpone issuing the license until the investigation is complete and
the licensing agency of the other state or jurisdiction confirms that the
individual is in good standing. The board must verify the standing of the
chiropractic license(s) issued by other states or jurisdictions when the
temporary license is up for renewal.
(D)
The board may, in
accordance with Chapter 119. of the Revised Code, deny an individual a
temporary license issued under this rule or revoke an individual's temporary
license issued under this rule, if any of the following circumstances
occur:
(1)
The
individual's license issued by another state or jurisdiction expires or is
revoked, or the individual is not in good standing;
(2)
With respect to
an individual who was eligible for a temporary license under this rule as the
spouse of an individual on military duty, six months have elapsed since the
divorce, dissolution, or annulment of the marriage;
(3)
The individual is
disqualified from obtaining a license in the profession because of a
conviction, judicial finding of guilt, or plea of guilty to a disqualifying
criminal offense specified on the list the board makes available pursuant to
division (C) of section
9.78
of the Revised Code.
(E)
An individual
with a temporary license issued under this rule may practice chiropractic in
this state only within the scope and practice that is permitted under Ohio law
and that does not exceed the individual's education or
training.
(F)
There is no application fee associated with the
issuance of a temporary chiropractic license issued under this
rule.
(G)
The board may issue a regular chiropractic license in
lieu of issuing a temporary license in accordance with the provisions of this
rule. There is no application fee associated with the issuance of a regular
chiropractic license issued under this rule.
(H)
Temporary
acupuncture licensure.
(I)
An individual granted a temporary chiropractic license
under the provisions of this rule may apply for a temporary acupuncture
certificate provided the following qualifications are met:
(1)
The individual
holds a valid license or certificate to practice acupuncture issued by any
other state or jurisdiction;
(2)
The individual is
in good standing in all state(s) or jurisdiction(s) of
licensure.
(J)
There is no application fee associated with the
issuance of a temporary acupuncture certificate issued under this
rule.
(K)
The board may issue a regular acupuncture certificate
in lieu of issuing a temporary certificate in accordance with the provisions of
this rule. There is no application fee associated with the issuance of a
regular acupuncture certificate issued under this rule.
(L)
Licenses and
certificates issued under the provisions of this rule may only be valid up to
six years from date of issuance.
(M)
Extension of
chiropractic and acupuncture continuing education reporting period for licensee
called to active duty military service.
In accordance with section
5903.12
of the Revised Code, the board may extend the current continuing education
reporting period because the licensee has served on active duty during the
current or a prior renewal period. The licensee must submit adequate proof of
active duty service and the length of that active duty service. Upon receiving
proof, the board may extend the current reporting period by an amount of time
equal to the total number of months that the licensee spent on active duty
during the current reporting period. For purposes of this rule, any portion of
a month served on active duty will be considered one full
month.
(N)
Determining fulfillment of chiropractic and acupuncture
continuing education.
In accordance
with section
5903.121
of the Revised Code, the board must consider relevant education, training, or
service completed by a licensee as a member of the armed forces in determining
whether a licensee has fulfilled the continuing education required to renew the
license or certificate.
(O)
Application for
chiropractic licensure.
The board must
prioritize and expedite licensure for each applicant who is a service member or
veteran, or the spouse or surviving spouse of a service member or veteran, who
applies for a chiropractic license. In order to expedite licensure, and at the
board's discretion, an applicant may be approved to take the jurisprudence exam
and be issued a license to practice chiropractic pending receipt of a
credential(s) provided a complete application has been
received.
(P)
Application for acupuncture certificate.
(1)
The board must
prioritize and expedite licensure for each applicant who is a service member or
veteran, or the spouse or surviving spouse of a service member or veteran, who
applies for an acupuncture certificate.
(2)
The board may not
issue an acupuncture certificate unless the individual possesses a current
license or temporary license to practice chiropractic issued by the
board.
(Q)
Any temporary or regular license or certificate issued
under this rule is considered a license or certificate issued under the laws
regulating the practice of chiropractic and acupuncture.
(R)
Reinstatement of
forfeited chiropractic license.
(1)
In accordance with section
5903.10
of the Revised Code, the holder of a forfeited chiropractic license must be
reinstated without a penalty fee and without re-examination if not otherwise
disqualified because of mental or physical disability if either of the
following applies:
(a)
The license was not renewed because of the holder's
service in the armed forces.
(b)
The license was
not renewed because the license holder's spouse served in the armed forces of
the United States or a reserve component of the armed forces and the service
resulted in the holder's absence from this state.
(2)
Reinstatement
without a penalty fee or re-examination will not be granted unless the licensee
or licensee's spouse, whichever is applicable, has presented satisfactory
evidence of the service member's discharge under honorable conditions or
release under honorable conditions from active duty or national guard duty
within six months after the discharge or release.
(3)
Applicants for
reinstatement must abide by the applicable continuing education requirements as
outlined in rule
4734-7-05
of the Administrative Code.
(S)
Processing
applications from service members, veterans, or spouses of service members or
veterans.
(1)
The board must include questions on all applications for
licensure and reinstatement or restoration of license to inquire as to whether
the applicant is a service member, veteran, or the spouse or surviving spouse
of a service member or veteran. If an applicant responds affirmatively, the
application must be flagged for expedited processing. The board staff must
monitor the application and communicate with the applicant regarding status of
the application, documentation needed, and the exceptions granted in this rule
in order to license, reinstate or restore expediently.
(2)
Applications
submitted by service members, veterans, spouses or surviving spouses of service
members or veterans must be tracked in the Ohio eLicense
system.
(3)
The board must track and monitor the average number of
business days for processing applications annually.
Notes
Effective:
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4743.04, 4743.041, 5903.01, 5903.03, 5903.04, 5903.10, 5903.12, 5903.121
Prior effective dates: 7/28/2014, 8/1/2019
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