Ohio Administrative Code 4755 — Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board

Chapter 4755-1 Notice; Confidential Personal Information

Ohio Adm.Code 4755-1-01 Notice of meetings.

(A) The occupational therapy, physical therapy, and athletic trainers board and orthotics, prosthetics, and pedorthics advisory council will comply with the public meeting requirements outlined in sections 121.22 and 121.221 of the Revised Code.

(B) Any person can obtain the time, place, and purpose of all regularly scheduled meetings by:

(1) Visiting the board's website;

(2) E-mailing the board;

(3) Writing the board at its business address;

(4) Calling the board during normal business hours; or

(5) Appearing in person at the board office during normal business hours.

(C) Any person can obtain advance notice of all meetings at which any specific type of public business is to be discussed by identifying the type of public business for which the person desires to be notified and by contacting the Ohio occupational therapy, physical therapy, and athletic trainers board as indicated in paragraph (B) of this rule. The board will e-mail a notice of the time and place of the meeting, and the type of business to be discussed at least four calendar days before the meeting is scheduled unless the meeting is an emergency meeting.

(D) The board will maintain a list of representatives of the news media who requested notice of special or emergency meetings. The board will e-mail notice to this list at least twenty-four hours before special meetings. In the event of an emergency meeting, the representatives of the news media who requested notification will be notified by e-mail immediately of the time, place, and purpose of the meeting. News media requesting meeting notification shall supply the board with the name, mailing address, e-mail, and telephone number of the representative to be contacted.

Last updated December 5, 2025 at 7:14 AM

History

• Effective: December 5, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 4755-1-03 Personal information systems.

(A) The Ohio occupational therapy, physical therapy, and athletic trainers board ("board") will appoint one employee to be directly responsible for each personal information system maintained by the section. Said employee will:

(1) Inform all employees who have any responsibility for the operation or maintenance of said system, or the use of personal information maintained in the system, of the applicable provisions of Chapter 1347. of the Revised Code and rules adopted thereunder; and,

(2) Inform all persons requested to supply personal information for a system whether or not they are legally required to provide such information; and,

(3) Restrict the collection, maintenance and use of personal information to only that which is necessary and relevant to functions of the board as required or authorized by statute, ordinance, code or rule; and,

(4) Provide all persons asked to supply personal information that will be placed in an interconnected or combined system with information relevant to the system, including the identity of all other agencies or organizations that have access to the information in the system; and,

(5) Allow a person who is the subject of a record in a personal information system to inspect the record pursuant to section 1347.08 of the Revised Code. Upon the request and verification that the person requesting access to the record is the subject of information contained in the system, the employee will:

(a) Inform the person of any personal information in the system of which they are the subject;

(b) Permit the person, their legal guardian, or an attorney who presents a signed authorization made by the person, to inspect all personal information in the system of which they are the subject, except where prohibited by law;

(c) Inform the person of the uses made of the personal information and identify other users who have access to the system;

(d) Allow a person who wishes to exercise their rights as provided by this rule to be accompanied by one individual of their choice;

(e) Provide, for a reasonable charge, copies of any personal information the person is authorized to inspect.

(6) Investigate disputes concerning the accuracy, relevance, timeliness or completeness of personal information pursuant to section 1347.09 of the Revised Code and paragraph (D) of this rule.

(B) The board will reprimand in writing any employee who initiates or otherwise contributes to any disciplinary or other punitive action taken against another individual who brings to the attention of appropriate authorities, the press, or a member of the public, any evidence of unauthorized use of any material contained in the personal information system. A copy of the reprimand shall be entered in the employee's personal file.

(C) The board will monitor its personal information system by:

(1) Maintaining the personal information system with the accuracy, relevance, timeliness or completeness necessary to assure fairness in any determination made by the board which is based on information contained in the system; and

(2) Eliminating unnecessary information from the system.

(D) The board will investigate, upon request, the accuracy, relevance, timeliness or completeness of personal information, which is disputed by the subject of a record contained in the system, within ninety days after receipt of the request; and,

(1) Notify the disputant of the results of the investigation and any action the board intends to take with respect to the disputed information; and,

(2) Delete any information that the section cannot verify or that finds to be inaccurate; and,

(3) Permit the disputant, if they are not satisfied with the determination made by the board, to include within the system:

(a) A brief statement of their position on the disputed information; or,

(b) A brief statement that they finds the information in the system to be inaccurate, irrelevant, outdated, or incomplete.

(4) The board will maintain a copy of all statements made by a disputant.

(E) The board will not place personal information into an interconnected and combined system, unless said system contributes to the efficiency of the agencies or organizations authorized to use the system in implementing programs which are required or authorized by law.

(F) The board will not use personal information placed into an interconnected or combined system by another state or local agency or an organization, unless the personal information is necessary and relevant to the performance of a lawful function of the section.

(G) The board will make available, upon request, all information concerning charges made by the section for reproduction of materials contained in its personal information system.

Last updated November 19, 2025 at 11:23 AM

History

• Effective: November 9, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4755-1-04 Definitions governing access to confidential personal information.

For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply:

(A) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving whereas "access" as a verb means to copy, view, or otherwise perceive.

(B) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of the agency rule addressing requirements in section 1347.15 of the Revised Code.

(C) "Agency" means the Ohio occupational therapy, physical therapy, and athletic trainers board.

(D) "Computer system" means a "system," as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

(E) "Confidential personal information" (CPI) has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the Ohio occupational therapy, physical therapy, and athletic trainers board in accordance with division (B)(3) of section 1347.15 of the Revised Code that references the federal or state statutes or administrative rules that make personal information maintained by the agency confidential.

(F) "Employee of the state agency" means each employee of a state agency regardless of whether he/she holds an elected or appointed office or position within the state agency. "Employee of the state agency" is limited to personnel employed by or appointed to the Ohio occupational therapy, physical therapy, and athletic trainers board.

(G) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(H) "Individual" means a natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.

(I) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(J) "Person" means a natural person.

(K) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

(L) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(M) "Research" means a methodical investigation into a subject.

(N) "Routine" means commonplace, regular, habitual, or ordinary.

(O) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating the employees and maintained by the agency for internal administrative and human resource purposes.

(P) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(Q) "Upgrade" means a substantial redesign of an existing computer system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modification that entail a limited addition of functionality due to changes in business or legal requirements.

Last updated November 19, 2025 at 11:23 AM

History

• Effective: November 9, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4755-1-05 Procedures for accessing confidential personal information.

For personal information systems, whether manual or computer systems, that contain confidential personal information, the board shall do the following:

(A) Criteria for accessing confidential personal information.

Personal information systems of the agency are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the agency to fulfill his/her job duties. The determination of access to confidential personal information shall be agency policy developed pursuant to these rules prior to providing an employee with access to confidential personal information within a personal information system. The agency shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed.

(B) Individual's request for a list of confidential personal information.

Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the agency, the agency shall do all of the following:

(1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(2) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(3) If all information relates to an investigation about that individual, inform the individual that the agency has no confidential personal information about the individual that is responsive to the individual's request.

(C) Notice of invalid access.

(1) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the agency shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the agency shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the agency may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system.

(2) "Investigation" as used in this rule means a review of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the agency determines that notification would not delay or impede an investigation, the agency shall disclose the access to confidential personal information made for an invalid reason to the person.

(3) Notification provided by the board shall inform the person of the type of confidential personal information accessed and the date(s) of the invalid access.

(4) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(D) Appointment of a data privacy point of contact.

The executive director will designate an employee of the agency to serve as the data privacy point of contact. The data privacy point of contact shall work with the chief privacy officer within the office of information technology to assist the agency with both the implementation of privacy protections for the confidential personal information that the agency maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter.

(E) Completion of a privacy impact assessment.

The agency director will designate an employee of the agency to serve as the data privacy point of contact who will timely complete the privacy impact assessment form developed by the office of information technology.

Last updated November 19, 2025 at 11:23 AM

History

• Effective: November 9, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4755-1-06 Valid reasons for accessing confidential personal information.

Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the board's exercise of its powers or duties, for which only employees of the agency may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system:

(A) Performing the following functions constitute valid reasons for authorized employees of the agency to access confidential personal information:

(1) Responding to a public records request;

(2) Responding to a request from an individual for the list of CPI the agency maintains on that individual;

(3) Administering a constitutional provision or duty;

(4) Administering a statutory provision or duty;

(5) Administering an administrative rule provision or duty;

(6) Complying with any state or federal program requirements;

(7) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;

(8) Auditing purposes;

(9) License application or renewal or eligibility for examination processes;

(10) Investigation or law enforcement purposes;

(11) Administrative hearings;

(12) Litigation, complying with an order of the court, or subpoena;

(13) Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals/issues);

(14) Complying with an executive order or policy;

(15) Complying with an agency policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency; or

(16) Complying with a collective bargaining agreement provision.

(B) To the extent that the general processes described in paragraph (A) of this rule do not cover the following circumstances, for the purpose of carrying out specific duties of the Ohio occupational therapy, physical therapy, and athletic trainers board, authorized employees and board members would also have valid reasons for accessing CPI in these following circumstances:

(1) Authorized employees and board members may review CPI of individuals who are subject to investigation for alleged violations of Chapter 4755. or 4779. of the Revised Code or agency 4755 of the Administrative Code that may result in licensure discipline or application denial. Authorized employees may review CPI of individuals who are not the subject of the investigation, but who otherwise may be witnesses with information related to the investigation. CPI may be reviewed by employees and members of the board in disciplinary matters that become the subject of administrative hearings or board action, including reporting disciplinary actions as required by state and federal law.

(2) Employees assigned to the continuing education audit may review CPI of license holders who are being audited for the purpose of carrying out that program.

(3) Authorized employees and board members may review CPI of persons who hold, are applying for, or are renewing a license issued by the board for purposes of verifying licensure, processing licensure and renewal applications, determining eligibility for licensure, performing financial transactions and reporting related to application processing, or any other activities undertaken for the purpose of carrying out that program.

(4) Employees assigned to fiscal and human resource positions may review CPI of vendors billing the board for services rendered and employees of the board for payroll and other human resource activities for the purpose of carrying out the board's daily activities.

Last updated November 19, 2025 at 11:23 AM

History

• Effective: November 9, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4755-1-07 Confidentiality statutes.

The following federal statutes or regulations or state statutes and administrative rules make personal information maintained by the board confidential and identify the confidential personal information within the scope of rules promulgated by the board in accordance with section 1347.15 of the Revised Code:

(A) Social security numbers: 5 U.S.C. 552a., unless the individual was told that the number would be disclosed.

(B) Records of reporting required pursuant to 42 U.S.C. section 1320a-7e(b), 5 U.S.C. section 552a, and 45 C.F.R. part 61 for compliance with the U.S. department of health and human services' healthcare integrity and protection data bank (HIPDB).

(C) "Bureau of criminal identification and investigation" criminal records check results: section 4776.04 of the Revised Code.

(D) Records required or allowed to be kept confidential pursuant to section 149.43 of the Revised Code.

(E) Information and records received or generated by the board pursuant to an investigation: division (E) of section 4755.02 and division (B) of section 4779.33 of the Revised Code.

(F) Medical records submitted with requests for testing accommodations and/or continuing education waiver requests: 5 C.F.R. 164 (2014).

(G) College and university transcripts: 20 U.S.C. 1232 g(2013).

Last updated November 19, 2025 at 11:23 AM

History

• Effective: November 9, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4755-1-08 Restricting and logging access to confidential personal information in computerized personal information systems.

For personal information systems that are computer systems and contain confidential personal information, the board shall do the following:

(A) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure.

(B) Acquisition of a new computer system. When the board acquires a new computer system that stores, manages or contains confidential personal information, the board shall include a mechanism for recording specific access by employees of the board to confidential personal information in the system.

(C) Upgrading existing computer systems. When the board modifies an existing computer system that stores, manages or contains confidential personal information, the board shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall include a mechanism for recording specific access by employees of the board to confidential personal information in the system.

(D) Logging requirements regarding confidential personal information in existing computer systems.

(1) The board shall require employees of the board who access confidential personal information within computer systems to maintain a log that records that access.

(2) Access to confidential information is not required to be entered into the log under the following circumstances:

(a) The employee of the board is accessing confidential personal information for official board purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(b) The employee of the board is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(c) The employee of the board comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(d) The employee of the board accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about himself/herself.

(ii) The individual makes a request that the board takes some action on that individual's behalf and accessing the confidential personal information is required in order to consider or process that request.

(3) For purposes of this paragraph, the board may choose the form or forms of logging, whether in electronic or paper formats.

(E) Log management. The board shall issue a policy that specifies the following:

(1) Who shall maintain the log;

(2) What information shall be captured in the log;

(3) How the log is to be stored; and

(4) How long information kept in the log is to be retained.

Nothing in this rule limits the board from requiring logging in any circumstance that it deems necessary.

Last updated November 19, 2025 at 11:23 AM

History

• Effective: November 9, 2023
• Promulgated Under: 119.03

Chapter 4755-2 Impaired Practitioner Rules; Disciplinary Procedures; License Reinstatement

Ohio Adm.Code 4755-2-01 Impaired practitioner rules and safe haven program for license holders and applicants.

(A) Definitions

(1) "License holder" applies to the following license types:

(a) Athletic trainers

(b) Occupational therapists

(c) Occupational therapy assistants

(d) Orthotists

(e) Pedorthists

(f) Prosthetists

(g) Prosthetist-orthotists

(h) Physical therapists

(i) Physical therapist assistants

(2) "Board" means the occupational therapy, physical therapy, and athletic trainers board or any individual license-specific section of the board.

(B) For purposes of the rule, an individual license holder who accepts the privilege of practicing in this state is subject to regulation by the board. Through the act of filing an application for licensure or being licensed by the board, the individual has given consent to submit to a mental or physical examination at the individual's expense when ordered to do so by the board in writing and to have waived all objections to the admissibility of testimony or examination of reports that constitute privileged communications.

(C) If the board receives information by the filing of a complaint with the board or upon its own information that a license holder's ability to practice has fallen below the acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs or alcohol or other substances, or other medical condition or illness, the board may order the license holder to submit to a mental or physical examination at the license holder's expense conducted by a designee of the board for the purpose of determining if there is an impairment that is posing a threat to the license holder's well-being or the treatment of a patient or client whom the license holder serves.

(D) Failure of the individual license holder to submit to a mental or physical examination order by the board constitutes an admission of the allegations against the license holder, unless the failure is due to circumstances beyond the individual's control.

(E) If the board determines that the individual's ability to practice is impaired, the following actions may be taken:

(1) The board may suspend or place restrictions on the individual's license to practice;

(2) Deny the individual's application for licensure and require the individual to submit to treatment; or

(3) Other requirements as a condition for initial, continued, reinstated, or renewed licensure to practice.

(F) The board at its discretion may:

(1) Contract with providers of impaired treatment programs;

(2) Receive and evaluate reports of suspected impairment from any source;

(3) Intervene in cases of verified impairment;

(4) Monitor treatment and rehabilitation of the impairment;

(5) Provide post-treatment monitoring and support; or

(6) Provide other functions as necessary to carry out the provisions of this rule.

(G) The board-approved treatment program shall:

(1) Receive relevant information from the board office and other sources regarding the potential impairment.

(2) Report within five business days any license holder:

(a) Who refuses to cooperate with an evaluation or investigation;

(b) Who refuses to submit to treatment or rehabilitation;

(c) Whose impairment is not substantially alleviated through treatment; or

(d) Who in the opinion of the evaluators is unable to practice under their license with reasonable skill and safety.

(3) Provide confidentiality of non-public information of the review process.

(4) Provide an initial report of the nature, severity, and progress of the impairment.

(5) Provide periodic reports, at a rate determined by the board concerning the license holder's progress.

(6) Provide a final report including the treatment outcome, and a finding as to the license holder's fitness to practice.

(7) Follow any requirements outlined in a formal agreement the license holder, or applicant for licensure has entered into with the board.

(H) Pursuant to division (E) of section 4755.06, division (H) of section 4755.411, division (A)(12) of section 4755.61, and division (A)(8) of section 4779.08 of the Revised Code, as part of the board's impairment or diversion program, the board hereby establishes a confidential, non-disciplinary program for the evaluation and treatment of eligible practitioners who need assistance with a potential or existing impairment due to abuse of or dependency on alcohol or drugs or other medical condition or illness. This program shall be known as the board's safe haven program.

(1) The board may contract with one entity, hereafter referred to as the monitoring organization, to conduct the safe haven program. The monitoring organization shall use licensed mental health and addiction professionals in the program. The monitoring organization shall determine the eligibility for participation in the safe haven program and provide associated services to eligible practitioners.

(2) Eligible practitioners shall include license holders of the board as well as applicants who have applied for a license from the board.

(3) Services provided by the monitoring organization include but are not limited to the following:

(a) Screening and/or evaluation for possible impairment due to abuse of or dependency on alcohol or drugs or other medical condition or illness;

(b) Referral to treatment providers approved by the monitoring organization for the purpose of evaluating and/or treating impairment;

(c) Establishment of individualized monitoring criteria for a duration determined by the monitoring organization to ensure the continuing care and recovery from impairment; and

(d) Case management.

(4) The monitoring organization that contracts with the board to conduct the safe haven program may receive referrals from any of the following:

(a) Applicants and license holders;

(b) Other individuals;

(c) Employers;

(d) Professional societies and associations;

(e) Health care personnel and treatment providers;

(f) Other entities and organizations; and

(g) The board.

(5) To participate in the safe haven program, an eligible practitioner must enter into an agreement with the monitoring organization to seek assistance for a potential or existing impairment due to abuse of or dependency on alcohol or drugs or other medical condition or illness. The agreement may specify but is not limited to the following:

(a) Treatment and therapy plan.

(b) Support group participation.

(c) Case management.

(d) Duration of monitoring. Relapses and other failures to comply with the terms of the agreement may result in a longer period of monitoring. As appropriate, an addendum to the agreement may be initiated by the monitoring organization.

(e) Random toxicology testing.

(f) Releases for seeking information or records related to the practitioner's impairment, including but not limited to family, peers, health care personnel, employers, and treatment providers.

(g) Grounds for dismissal from participation in the safe haven program for failure to comply with program requirements.

(h) Any required fees associated with participation in the safe haven program, including but not limited to fees for toxicology testing.

(6) The board shall not institute disciplinary action solely based on impairment against a safe haven program participant so long as the participant enters into an agreement with the monitoring organization and complies with the same. The presence of impairment shall not excuse acts or preclude investigation or disciplinary action against a participant for other violations of Chapters 4755. and 4779. of the Revised Code or other provisions or rules adopted under it.

(7) The monitoring organization shall report to the board for further investigation and/or disciplinary action any participant who is unwilling or unable to complete or comply with any part of the safe haven program, including evaluation, treatment, or monitoring.

(8) The monitoring organization shall periodically provide a de-identified report to the board regarding all referrals received for individuals licensed by the board.

(9) All information received and maintained by the monitoring organization shall be held in confidence subject to section 2317.02 of the Revised Code and in accordance with federal law.

Last updated December 13, 2022 at 8:37 AM

History

• Effective: December 11, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 4755-2-02 Denial and disciplinary procedures.

(A) Denial of an application for licensure or any proposed action against a license shall be in accordance with Chapter 119. of the Revised Code.

(1) Pursuant to Chapter 119. of the Revised Code, a request for an administrative hearing on the proposed action shall be received by the occupational therapy, physical therapy, and athletic trainers board ("board") within thirty days of service of the notice of opportunity for a hearing.

(2) If a request for an administrative hearing is not received by the board within thirty days of service of the notice of opportunity for a hearing, the section, upon consideration of the charges cited, may take appropriate action in the absence of the applicant or license holder.

(3) Pursuant to sections 4755.031 and 4779.281 of the Revised Code, a person sanctioned under section 4755.11, 4755.47, 4755.482, 4755.64, or 4779.28 of the Revised Code shall pay a fee in the amount of the actual cost of the administrative hearing, including the cost of the court reporter, the hearing officer, transcripts, and any witness fees for lodging and travel.

(B) The board may deny, suspend, or revoke the license of any person or reprimand, fine, or place a license holder on probation for violation of any provision of Chapter 4755. or 4779. of the Revised Code or any lawful order or rule of the board.

(C) If the physical or mental condition of a license holder is at issue in a disciplinary proceeding, the board may order the license holder to submit to reasonable examinations by a health care practitioner designated or approved by the board at the cost of the license holder.

(D) In the event a license issued by the board is suspended or revoked by the board pursuant to violation of any provision of Chapter 4755. or 4779. of the Revised Code or violation of any lawful order or rule of the board, the license holder shall, upon receipt of the final order of the board, immediately surrender to the board office all evidence of the person's license, including the wall certificate.

Any photocopies of the wall certificate maintained in offices of employment shall be retrieved by the license holder and destroyed.

This rule applies in the case of consent agreements, which may result in the voluntary surrender of a license issued by the board.

(E) In accordance with section 4755.11, 4755.47, 4755.64, or 4779.29 of the Revised Code, if the section of the board determines that a license holder poses an immediate threat to the public, the section shall immediately suspend the license prior to holding a hearing in accordance with Chapter 119. of the Revised Code. If the license holder fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the section shall enter a final order revoking the person's license.

(F) The hearings and investigations related to Chapters 4755. and 4779. of the Revised Code shall be considered civil actions for the purposes of section 3123.43 of the Revised Code. Notwithstanding section 121.22 of the Revised Code, proceedings of the board relative to the investigation of a complaint or the determination whether there are reasonable grounds to believe that a violation of Chapter 4755. or 4779. of the Revised Code allegedly occurred are confidential and are not subject to discovery in any civil action.

(G) If requested by the board, the prosecuting attorney of a county, the village solicitor, or the city director of law of a municipal corporation, whenever a violation of Chapter 4755. or 4779. of the Revised Code allegedly occurs, will take charge of and conduct the prosecution.

(H) In addition to any other remedy provided in Chapter 4755. or 4779. of the Revised Code, the board may request the attorney general or an appropriate prosecuting attorney to apply to an appropriate court for an order enjoining the violation of Chapter 4755. or 4779. of the Revised Code. On a showing that a person has violated or is about to violate Chapter 4755. or 4779. of the Revised Code, the court shall grant an injunction, restraining order, or other order as appropriate. The injunction proceedings are in addition to all penalties and other remedies provided in Chapter 4755. or 4779. of the Revised Code.

Last updated November 9, 2023 at 8:27 AM

History

• Effective: November 9, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4755-2-03 Reinstatement of a revoked license or reconsideration of a denied license.

(A) A person whose license is revoked or denied under Chapter 4755. or 4779. of the Revised Code may apply for reinstatement of license or reconsideration of denial of license prescribed by the rules of the board after either of the following dates, whichever is later:

(1) One year from the date of revocation or denial; or

(2) Date set in the board's revocation or denial order.

(B) In evaluating an application for reinstatement of license or reconsideration of denial of license, the board will consider the following:

(1) The nature and severity of the acts which resulted in revocation or denial of license;

(2) The time elapsed since the commission of the acts;

(3) Possible additional violations occurring after the revocation or denial;

(4) Compliance with previous orders of the board or respective section; and,

(5) Any evidence of rehabilitation which the applicant may submit to the board.

(C) Before reinstating a license issued under this chapter, the Ohio occupational therapy, physical therapy, and athletic trainers board may require a person to take additional steps to demonstrate fitness to practice if they have been deemed out of practice according to agency 4755 of the Administrative Code.

Last updated November 9, 2023 at 9:44 AM

History

• Effective: November 9, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4755-2-04 Investigations and inspections.

(A) The occupational therapy, physical therapy, and athletic trainers board ("board") shall investigate compliance with Chapters 4755. and 4779. of the Revised Code or any rule or order adopted by the board. Investigations shall include alleged grounds for the suspension, revocation, or refusal to issue or renew licenses, or reprimand, fine, or place a licensee on probation.

(B) Board investigators may conduct inspections at the work site of license holders to determine compliance with the laws and rules of the board. Investigators will carry proper identification to be shown upon request.

(C) Inspections include verifying proper supervision of and delegation of tasks to unlicensed personnel, reviewing documentation and medical records, and checking for authorized licensed practitioner referrals.

(D) Investigations of complaints shall include search for specific evidence regarding a case. In accordance with division (A) of section 4755.02 and division (C) of section 4779.28 of the Revised Code, the board may issue subpoenas to obtain copies of patient records personnel files of license holders, and other documents in connection with its investigations.

(E) All investigations and inspections shall be conducted pursuant to the laws and rules of the state of Ohio and are confidential subject to division (E) of section 4755.02 and division (B) of section 4779.33 of the Revised Code.

Last updated November 9, 2023 at 8:28 AM

History

• Effective: November 9, 2023
• Promulgated Under: 119.03

Chapter 4755-3 Certificate of License; Display; Verification; and Criminal Background Check

Ohio Adm.Code 4755-3-01 Certificate of license; display; copies.

(A) Each applicant who is approved for licensure will electronically receive a certificate of licensure for office display upon initial approval. Additional copies of the certificate are available to license holders through eLicense Ohio or its successor licensing system.

(B) License holders shall display the original license certificate at their principal place of business and all locations of service delivery. Display of the original license certificate includes the ability to show the copy that is available through eLicense Ohio or its successor licensing system.

(C) Verification of current licensure can be obtained from eLicense Ohio or its successor licensing system.

Last updated November 4, 2024 at 1:43 PM

History

• Effective: November 9, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4755-3-02 Notice of change of name, place of employment, e-mail, and mailing address.

(A) A license holder must notify the occupational therapy, physical therapy, and athletic trainers board of any change of name, place of business or employment, e-mail address, or mailing address within thirty days after the change.

(B) Notification is made by making the change in eLicense Ohio or its successor licensing system.

Last updated November 4, 2024 at 1:43 PM

History

• Effective: November 9, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4755-3-03 Verification of licensure.

(A) The occupational therapy, physical therapy, and athletic trainers board shall officially verify to another regulatory entity the status of a person's license to practice in the state of Ohio upon both of the following:

(1) Receipt of an official verification request submitted electronically via eLicense Ohio or its successor licensing system; and

(2) Payment of the verification of license fee specified in rule 4755-4-01 of the Administrative Code.

(B) Official verification issued by the board includes:

(1) The license number and status of the license;

(2) Any disciplinary action taken against the license; and

(3) The initial issue date and expiration date of the license.

Last updated November 5, 2024 at 9:04 AM

History

• Effective: November 9, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 4755-4-01

(A) Fees are provided for throughout Chapters 4755. and 4779. of the Revised Code and are established by the occupational therapy, physical therapy, and athletic trainers board ("board") in the amounts not to exceed the maximum allowable pursuant to Chapters 4755. and 4779. of the Revised Code. Current fees on the effective date of this rule are subject to change by action of the board, the controlling board, or the general assembly. Information about fees is available on the board website.

(B) Fee amounts are as follows:

(1) Initial licensing fee

• not to exceed one hundred dollars;

(2) Additional copy of a certificate of licensure - not to exceed thirty dollars;

(3) Biennial renewal fee

• not to exceed one hundred dollars;

(4) Fee for mailing lists

• not to exceed the actual cost of duplication and mailing; A list of license holders mail be obtained by:

(a) Writing the board and submitting a check or money order made payable to "Ohio Treasurer of State" in the appropriate amount; or

(b) E-mailing the board. No fee is required for a mailing list request fulfilled electronically.

(5) Verification of a license - not to exceed thirty dollars;

(6) Reinstatement fee - not to exceed one hundred dollars;

(7) Review of a continuing education activity - not to exceed twenty-five dollars;

(8) Physical therapy compact privilege fee for Ohio - not to exceed fifty dollars;

(9) Occupational therapy compact privilege fee for Ohio - not to exceed fifty dollars;

(10) Consolidation of an orthotist or prosthetist license into a prosthetist-orthotist license - not to exceed fifty dollars;

(11) Authority to engage in 3-D printing of open-source prosthetic kits - not to exceed twenty-five dollars;

(C) Fees are payable by credit card.

(D) Fees shall be submitted with an application or other request.

Last updated August 21, 2025 at 7:28 AM

History

• Effective: August 21, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 4755-3-04 Military provisions.

(A) Definitions.

(1) "Armed forces" means:

(a) The armed forces of the United States, including the army, navy, air force, marine corps, coast guard, and space force;

(b) A reserve component of the armed forces listed in paragraph (A)(1)(a) of this rule;

(c) The national guard, including the Ohio national guard or the national guard of any other state;

(d) The commissioned corps of the United States public health service;

(e) The merchant marine service during wartime;

(f) Such other service as may be designated by congress; or

(g) The Ohio organized militia when engaged in full-time national guard duty for a period of more than thirty days.

(2) "Member" means any person who is serving in the armed forces.

(3) "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.

(4) "Veteran" means any person who has completed service in the armed forces, who has been discharged under honorable conditions or who has been transferred to the reserve with evidence of satisfactory service.

(B) Temporary military licensure when the eligible person has a license in another state.

(1) In accordance with section 4743.041 of the Revised Code, a person who presents the following qualifications is eligible for a temporary military license to practice in Ohio.

(a) The person holds a valid license to practice issued by another state;

(b) The person is in good standing in all states of licensure;

(c) The person presents adequate proof to the occupational therapy, physical therapy, and athletic trainers board that the person or the person's spouse is on military duty in the state of Ohio; and

(d) The person complies with the criminal records check requirements in section 4755.70 or section 4779.091 of the Revised Code. The results of the criminal records check must be received by the board prior to the issuance of a military license to practice.

(2) The board shall abide by the timelines set forth in division (D) of section 4743.041 of the Revised Code in granting a temporary military license.

(3) An application for a temporary military license must include the following:

(a) Proof of either of the following:

(i) That the applicant is on military duty and is stationed in Ohio; or

(ii) That the applicant is married to a person on military duty who is stationed in Ohio.

(b) Proof that the applicant holds a valid unrestricted license to practice in another state;

(c) Attestation that the applicant has complied with the criminal records check in section 4755.70 or section 4779.091 of the Revised Code.

(d) Attestation that the applicant is aware that the temporary military license will be revoked in accordance with Chapter 119. of the Revised Code if:

(i) The person's licensed issued by another state expires or is revoked, or the person is not in good standing;

(ii) For a person who is a military spouse, six months have elapsed since the divorce, dissolution, or annulment of the marriage to a person on military duty;

(iii) The person is disqualified from obtaining a license because of a conviction, judicial finding of guilt, or plea of guilty to a disqualifying criminal offense specified on the list the board has made available pursuant to division (C) of section 9.78 of the Revised Code.

(4) A temporary military license expires six years after the date of issuance. A person may apply for a non-military license by endorsement while the temporary military license is active.

(5) All board fees associated with a temporary military license are waived.

(6) A person holding a temporary military license must practice within the licensed profession's scope of practice for the state of Ohio and may not exceed the person's education or training.

(C) Military programs of training which may be accepted for members of the military who do not have an out of state license.

In accordance with section 5903.03 of the Revised Code, the following military programs of training, military primary specialties, and lengths of service are substantially equivalent to or exceed the educational and experience requirements for licensure for:

(1) Occupational therapist.

(a) Military programs of training.

There are no military programs of training that are substantially equivalent to or exceed the educational and experience requirements for licensure as an occupational therapist. A person serving in a military primary specialty listed in paragraph (C)(1)(b) of this rule must be a graduate of an occupational therapy program accredited by the accreditation council for occupational therapy education (ACOTE) to serve in that specialty.

(b) Military primary specialties.

(i) Army: occupational therapist (AOC 65A)

(ii) Navy: occupational therapy (NOBC 0874)

(iii) Air force: occupational therapist (AFSC 42T3)

(c) Lengths of service.

There are no minimal lengths of service that would be substantially equivalent to or exceed the educational and experience requirements for licensure as an occupational therapist.

(2) Occupational therapy assistant.

(a) Military programs of training.

The occupational therapy assistant program at the medical education and training campus at fort Sam Houston, Texas, is substantially equivalent to the educational requirements for licensure as an occupational therapy assistant.

(i) Army: school 083; course 303-68L10 (course 303-N3 prior to 2014).

(ii) Navy: school 083; course B-303-0152.

(b) Military primary specialties.

(i) Army: occupational therapy specialist (MOS 68L).

(ii) Navy: occupational therapy assistant (NEC HM-8467).

(c) Lengths of service.

There are no minimal lengths of service that would be substantially equivalent to or exceed the educational and experience requirements for licensure as an occupational therapy assistant.

(3) Physical therapist.

(a) Military programs of training.

A person serving in a military primary specialty listed in paragraph (C)(3)(b) of this rule must be a graduate of a physical therapist program accredited by the commission on accreditation in physical therapy education (CAPTE) to serve in that specialty or attend the "United States Army Baylor University Doctoral Program in Physical Therapy (School 083; Course 6-250-C18-65B)."

(b) Military primary specialties.

(i) Army: physical therapist (AOC 65B)

(ii) Navy: physical therapy (NOBC 0873)

(iii) Air force: physical therapist (AFSC 42B3)

(c) Lengths of service.

There are no minimal lengths of service that would be substantially equivalent to or exceed the educational and experience requirements for licensure as a physical therapist.

(4) Physical therapist assistant.

(a) Military programs of training.

The following program at the medical education and training campus at fort Sam Houston, Texas, is substantially equivalent to the educational requirements for licensure as a physical therapist assistant, provided that the applicant completed one of the bridge programs identified in paragraphs (C)(4)(a)(iv) to (C)(4)(a)(vi) of this rule.

(i) Army: school 083; course 303-68F10 (course 303-N9 prior to 2014).

(ii) Navy: school 083; course B-303-0150.

(iii) Air force: school 083; course L8ABJ4J032 01AA.

(iv) Community college of the air force in fort Sam Houston, Texas.

(v) Arapahoe community college in Littleton, Colorado.

(vi) Lake Superior college in Duluth, Minnesota.

(vii) An applicant who completed a program identified in paragraphs (C)(2)(a)(i) to (C)(2)(a)(iii) of this rule but not one of the bridge programs identified in paragraphs (C)(2)(a)(iv) to (C)(2)(a)(vi) of this rule may submit to the section the results of a physical therapist assistant educational equivalency review (PTA-EER) from the foreign credentialing commission on physical therapy, inc. (FCCPT). The section will inform the applicant of any educational deficiencies identified in the evaluation that must be remediated prior to being eligible for a license.

(b) Military primary specialties.

(i) Army: physical therapy specialist (MOS 68F).

(ii) Navy: physical therapy technician (NEC L20A).

(iii) Air force: physical medicine (AFSC 4J032).

(c) Lengths of service.

There are no minimal lengths of service that would be substantially equivalent to or exceed the educational and experience requirements for licensure as physical therapist assistant.

(5) Athletic trainer, orthotist, prosthetist, prosthetist-orthotist, or pedorthist.

Military programs of training which may be accepted for members of the military who do not have an out of state license. In accordance with section 5903.03 of the Revised Code, a veteran or member of the armed forces may submit documentation for the board's consideration to demonstrate that the applicant's military education, training, and/or service is substantially equivalent to the educational and experience requirements for licensure as an athletic trainer, orthotist, prosthetist, prosthetist-orthotist, or pedorthist.

(D) License renewal for active members of the military.

(1) In accordance with section 5903.10 of the Revised Code, a license holder whose license expired due to the license holder's service in the armed forces is eligible for renewal of the expired license:

(a) The license holder presents the board with satisfactory evidence that, not more than six months prior to the date the evidence is submitted to the board, the license holder was honorably discharged or separated under honorable conditions;

(b) The license holder is not suffering a mental or physical illness, including physical deterioration that adversely affects cognitive, motor, or perception skills, that affect the license holder's ability to practice according to acceptable and prevailing standards of care; and

(c) The license holder meets the requirements for license renewal required by Chapter 4755. of the Administrative Code.

(2) The provisions of paragraph (D) of this rule also apply if the license holder's spouse served in the armed forces and the spouse's service resulted in the license holder's absence from this state.

(3) This paragraph does not apply to the temporary military license in paragraph (A) of this rule. The temporary military license is non-renewable.

(E) Continuing education for active members of the military.

(1) In accordance with section 5903.12 of the Revised Code, the provisions of this paragraph apply to a license holder who has been a member of the armed forces who has served on active duty for a period in excess of thirty-one days.

(2) A license holder who meets the provisions contained in paragraph (E)(1) of this rule may submit an application to the board requesting an extension of the current continuing education reporting period via a continuing education waiver request.

(a) The license holder must submit proper documentation certifying the active duty service and the length of that active duty service.

(b) Upon receiving the application and proper documentation, the board will extend the current continuing education reporting period by an amount of time equal to the total number of months that the license holder spent on active duty during the current continuing education reporting period. Any portion of a month served must be considered one full month.

(F) Determining fulfillment of continuing education for active members of the military.

(1) In accordance with section 5903.121 of the Revised Code, the board must consider relevant education, training, or service completed by a license holder as a member of the armed forces in determining whether a license holder has met the continuing education requirements needed to renew the license.

(2) For the board to consider relevant education, training, or service completed by the license holder in accordance with paragraph (F) of this rule, the license holder must submit a request for consideration and documentation of the education, training, or service to the board at least ninety days prior to the expiration of the license.

(G) The application fee described in rule 4755-4-01 of the Administrative Code is waived for an applicant who is a current member of the armed forces.

(H) Application process.

(1) The board's applications must include a question to identify if the applicant is a member of the armed forces, a veteran, or a spouse or surviving spouse of a member of the armed forces or veteran. This status must be stored in the licensing system.

(2) When the board receives an application from a person identified in paragraph (H)(1) of this rule, the processing of that application must be prioritized, with a goal of ensuring that a license is issued the same day that the application is complete.

Last updated October 11, 2024 at 7:42 AM

History

• Effective: October 11, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4755-3-05 Criminal records check.

(A) In addition to initial licensure requirements established in agency 4755 of the Administrative Code, all applicants for initial licensure for any license issued by the occupational therapy, physical therapy, and athletic trainers board ("board") shall submit to a criminal records check completed by the bureau of criminal identification and investigation in accordance with sections 4755.06, 4755.70, and 4779.091 of the Revised Code. The results of the criminal records check shall be received by the board prior to the issuance of a license to practice.

(B) The applicant shall have the results of the criminal records checks forwarded to the Ohio occupational therapy, physical therapy, and athletic trainers board according to written instructions available on the board's website.

(C) In the request, the applicant shall ask the superintendent of the bureau of criminal identification and investigation to obtain from the federal bureau of investigation any information it has pertaining to the applicant.

(D) The board will only accept the results of a criminal records check that is submitted to the board directly by the bureau of criminal identification and investigation in compliance with this rule.

(E) A criminal records check will not be required if the applicant has caused the results of a criminal records check to be filed with the board in accordance with the requirements of this rule within six months of the date that the board received the results of the criminal records check. A new criminal records check will be required if the applicant's criminal records check on file with the board is greater than six months old based on the date the board received the report.

Last updated November 5, 2024 at 9:04 AM

History

• Effective: November 9, 2023
• Promulgated Under: 119.03

Chapter 4755-4 Fees

Ohio Adm.Code 4755-4-01 Fees.

(A) Fees are provided for throughout Chapters 4755. and 4779. of the Revised Code and are established by the occupational therapy, physical therapy, and athletic trainers board ("board") in the amounts not to exceed the maximum allowable pursuant to Chapters 4755. and 4779. of the Revised Code. Current fees on the effective date of this rule are subject to change by action of the board, the controlling board, or the general assembly. Information about fees is available on the board website.

(B) Fee amounts are as follows:

(1) Initial licensing fee

• not to exceed one hundred dollars;

(2) Additional copy of a certificate of licensure - not to exceed thirty dollars;

(3) Biennial renewal fee

• not to exceed one hundred dollars;

(4) Fee for mailing lists

• not to exceed the actual cost of duplication and mailing; A list of license holders mail be obtained by:

(a) Writing the board and submitting a check or money order made payable to "Ohio Treasurer of State" in the appropriate amount; or

(b) E-mailing the board. No fee is required for a mailing list request fulfilled electronically.

(5) Verification of a license - not to exceed thirty dollars;

(6) Reinstatement fee - not to exceed one hundred dollars;

(7) Review of a continuing education activity - not to exceed twenty-five dollars;

(8) Physical therapy compact privilege fee for Ohio - not to exceed fifty dollars;

(9) Occupational therapy compact privilege fee for Ohio - not to exceed fifty dollars;

(10) Consolidation of an orthotist or prosthetist license into a prosthetist-orthotist license - not to exceed fifty dollars;

(11) Authority to engage in 3-D printing of open-source prosthetic kits - not to exceed twenty-five dollars;

(C) Fees are payable by credit card.

(D) Fees shall be submitted with an application or other request.

Last updated August 21, 2025 at 7:28 AM

History

• Effective: August 21, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 4755-4-02 Waiver of fees.

The occupational therapy, physical therapy, and athletic trainers board may grant waivers of the fee requirements listed in this chapter in cases of undue hardship.

Last updated November 9, 2023 at 8:49 AM

History

• Effective: November 9, 2023
• Promulgated Under: 119.03

Chapter 4755-5 Fees

Ohio Adm.Code 4755-5-01 Youth sports concussion and head injury assessment and clearance.

(A) For purposes of this rule:

(1) "Amsterdam Guidelines" means the consensus statement on concussion in sport: the sixth international conference on concussion in sport held in Amsterdam, October 2022" (available on the OTPTAT board website http://otptat.ohio.gov).

(2) "Interscholastic athletics" means an interscholastic extracurricular activity that a school or school district sponsors or participates in that includes participants from more than one school or school district.

(3) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.

(4) "Youth" means an individual between the ages of four and nineteen who participated in a youth sports organization or interscholastic athletics and was removed from practice of competition under division (D) of section 3313.539 of the Revised Code or division (D) of section 3707.511 of the Revised Code, based on exhibiting signs, symptoms, or behaviors consistent with having sustained a concussion or head injury while participating in practice or competition.

(5) "Youth sports organization" has the same meaning as in section 3707.51 of the Revised Code and means a public or nonpublic entity that organizes an athletic activity in which the athletes are not more than nineteen years of age and are required to pay a fee to participate in the athletic activity or whose cost to participate is sponsored by a business or nonprofit organization.

(B) An occupational therapist, physical therapist, and athletic trainer may assess and clear a youth to return to practice or competition if all of the following requirements are met:

(1) Pursuant to sections 3313.539 and 3707.511 of the Revised Code, the assessment and clearance is done:

(a) In consultation with a physician;

(b) Pursuant to the referral of a physician;

(c) In collaboration with a physician; or

(d) Under the supervision of a physician.

(2) The occupational therapist, physical therapist, and athletic trainer has completed education and training in the detection of concussions and/or sports and recreation-related traumatic brain injuries, the clinical features of concussions and/or sports and recreation-related traumatic brain injuries, assessment techniques, and the principles of safe return to play protocols consistent with the Amsterdam guidelines and/or nationally accepted standards and guidelines consistent with the Amsterdam guidelines.

(3) The occupational therapist, physical therapist, and athletic trainer maintains competency through continuing education activities in the detection of concussions and/or sports and recreation-related traumatic brain injuries, the clinical features of concussions and/or sports and recreation-related traumatic brain injuries, assessment techniques, and the principles of safe return to play protocols consistent with the Amsterdam guidelines and/or nationally accepted standards and guidelines consistent with the Amsterdam guidelines.

(C) The OTPTAT board recommends that occupational therapists, physical therapists, and athletic trainers who assess and clear a youth to return to practice or competition in accordance with this rule do both of the following:

(1) Ensure that a portion of the required continuing education focus on the items listed in paragraphs (B)(2) and (B)(3) of this rule.

(2) Use the medical clearance to return to play after suspected concussion form located on the OTPTAT board website (http://otptat.ohio.gov).

Last updated December 17, 2023 at 9:45 PM

History

• Effective: December 14, 2023
• Promulgated Under: 119.03