(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)
Knowingly
making
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
chemical dependency
substance use disorder counseling, gambling disorder
counseling, prevention services, or fields related to
chemical dependency
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 of or dependency on alcohol or other drugs 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
chemical dependency
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 complaint
grievance against a licensee or certificate holder of
this board or against someone seeking licensure may do so by obtaining and
completing a written complaint
grievance form or by
mailing a letter to the board to the attention of the executive director which
details the complaint
and submitting it to the
board by mail, fax, or email.
(D) The board may also initiate an investigation against a licensee
or certificate holder without a written
complaint, if the board has reason to believe that the licensee or
certificate holder is practicing in violation
of
violating
the
any laws
and
or rules
outlined in Chapter 4758. of the Revised Code or agency 4758 of the
Administrative Code.
(E)
Pursuant to Chapter 119. and Chapter 4758. of the
Revised Code, the
The board shall give
the applicant, licensee
, or certificate holder
written notice
by certified mail, return receipt requested
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.
The notice
shall include:
(1) The standards with which the
applicant, licensee or certificate holder was alleged to be in non-compliance
or other reason(s) for the action;
(2) The section(s) of the law or
rule(s) involved;
(3) A statement informing the
applicant, licensee or certificate holder that he or she is entitled to a
hearing if requested within thirty days of the time of the mailing of the
notice;
(4) A statement that at a hearing,
the applicant, licensee or certificate holder may appear in person or be
represented by his or her own attorney, at the expense of the applicant,
licensee or certificate holder, or may present his or her position, arguments
or comments in writing and at the hearing each party may present evidence and
examine witnesses appearing for and against the applicant, licensee or
certificate holder. A copy of the notice shall be mailed to the attorney of
record representing the applicant, licensee or certificate holder, if
applicable.
(F) If the applicant, licensee or
certificate holder requests a hearing, the board shall set a date, time and
place for the hearing within fifteen days, but not earlier than seven days,
after the applicant, licensee or certificate holder has requested a hearing
unless otherwise agreed upon by the board and by applicant, licensee or
certificate holder. The hearing can be continued at the discretion of the
board. A copy of the hearing notice shall be mailed to the respondent and
attorney of record for the applicant, licensee or certificate holder, if
applicable.
(1) The board shall conduct the
adjudication hearing following the procedures in section 119.09 of the Revised
Code and among other things may appoint a referee or hearing examiner to
conduct the proceedings and make recommendations as appropriate. The referee or
examiner shall have the same powers and authority in conducting the hearing as
is granted to the board.
(2) The board shall provide the
applicant, licensee or certificate holder a certified copy of its decision by
certified mail, return receipt requested.
(3) If the board's decision after
the hearing is to reprimand, suspend or revoke a license, the applicant,
licensee or certificate holder shall be informed of the right to appeal within
fifteen days of the mailing of the notice of the board's
decision.
(4) If the applicant, licensee or
certificate holder decides to appeal the board's decision, the respondent shall
appeal the board's decision to the court of common pleas of the county in which
the place of business of the licensee is located or the county in which the
licensee is a resident. The notice of appeal of the respondent is to be filed
with the board and must state the grounds for the appeal. A copy of the appeal
shall be filed with the court of common pleas of the county in which the place
of business of the licensee is located or the county in which the licensee is a
resident.
(5) Within thirty days after receipt
of the notice of appeal, the board shall file with the court a complete record
of the proceedings in the case by certified mail, return receipt requested, or
by hand delivery, if acceptable to the court.
(G)(F) If
the board decides to revoke or deny the issuance
of a license, certificate, or endorsement, the
applicant, licensee or certificate holder
may reapply for the issuance of a license, certificate, or endorsement five
years after the denial or 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.
