Ohio Adm.Code 4757 | Ohio Administrative Code 4757 — Counselor, Social Worker, and Marriage and Family Therapist Board

Chapter 4757-1 General Provisions

Ohio Adm.Code 4757-1-02 Notice of board meetings.

(A) Any person may ascertain the time and place of all regularly scheduled meetings of the counselor, social worker, and marriage and family therapist board, and its professional standards committees and the time, place, and purpose of all special meetings of the board or its professional standards committees by any one of the following methods:

(1) Calling the board office by telephone during normal business hours.

(2) Contacting the board office in person during normal business hours.

(3) Any person or organization that makes a written request for such notification via postal mail or email.

(4) The meetings are listed on the board's web site http://cswmft.ohio.gov.

(B) Any person or organization who makes written request for routine notification of all regularly scheduled and special meetings of the counselor, social worker, and marriage and family therapist board and its professional standards committees, shall receive notice of all such board meetings for a twelve-month period. After twelve months, such notification shall cease, unless the request is renewed in the manner set forth in this paragraph.

(1) Notices shall be provided at least seven calendar days prior to any regularly scheduled meeting, and at least four calendar days prior to any special meeting, unless the meeting is an emergency meeting. Notices of special meetings shall include the type of business to be discussed.

(2) The person requesting notification is responsible to keep the board informed in writing of changes in his/her current contact information.

(3) The obligation of the board under paragraph (B) of this rule to each person or organization fully complying with said requirements shall be deemed fully discharged providing notification using the most current contact information provided to the board for this purpose, as of seven days prior to the particular regularly scheduled meeting.

(C) A representative of a news media organization, or of the business office of a professional organization of counselors, social workers, or marriage and family therapists may receive notification of board meetings by making a request to the board office. The board shall compile a list of all such persons making a request and shall notify all such persons or organization of all regularly scheduled and special meetings, in accordance with the schedule in paragraph (B)(1) of this rule.

(1) Not more than one representative of a radio or television station, newspaper, or other publication, or of a professional organization of counselors, social workers, or marriage and family therapists may receive such notification.

(2) The news media organization, or professional organization of counselors, social workers, or marriage and family therapists is responsible to notify the board in writing of changes in the name or contact information of the recipient of such notification.

(3) Notification under paragraph (C) of this rule shall remain in effect for one year from the date of the request, after which time the name of the organization shall be removed from the contact list unless the request is renewed in writing.

(4) The obligation of the board under paragraph (C) of this rule to each organization shall be deemed fully discharged with notification using the most current contact information and name on file with the board for this purpose.

(D) A representative of a news media organization may obtain telephone notification of emergency board meetings by making a written to the board, including the name of the individual to be contacted and his/her contact information. The board shall maintain a list of all representatives of the news media who request telephone notice of emergency meetings.

(1) In the event of an emergency meeting, the board shall immediately notify by telephone all representatives on the list of such meeting.

(2) Such telephone notice shall be complete if a message has been left for the media representative or if, after a reasonable effort, the board has been unable to provide such telephone notice.

(3) The media representative's name shall remain on the telephone notification list for one year from the date of the written request, after which time the name shall be removed unless the request is renewed in writing.

(4) The media representative or the organization is responsible to inform the board of any changes in telephone numbers or in the name of the person to be notified.

(E) The failure of any individual, organization, or organization representative to comply with the requirements in this rule shall relieve the board of any obligation to provide advance notice of any kind of any public meeting to that individual, organization representative.

Last updated April 19, 2021 at 9:36 AM

History

Effective: April 19, 2021
Promulgated Under: 119.03

Ohio Adm.Code 4757-1-03 Minutes of board meetings.

(A) The unapproved minutes of all board meetings and professional standards committee meetings shall be drafted and open to public review within fifteen business days of the public meeting.

(B) Within fifteen business days after their approval by the board and professional standards committee, the approved minutes of all board meetings shall be substituted for the unapproved minutes and shall be open to public review.

Last updated December 27, 2023 at 8:14 AM

History

Effective: December 26, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4757-1-04 Applications of first licensure.

(A) All applicants for first licensure as a professional counselor, social worker, professional clinical counselor, independent social worker, marriage and family therapist, independent marriage and family therapist, art therapist, and music therapist, or for registration of title as a social work assistant, counselor trainee, marriage and family therapist trainee or social worker trainee, shall file with the executive director of the board an application in a form prescribed by the board. For the purposes of applying online in the system designated by the board, the applicant shall establish user identification and password. The use of the user identification and password is solely the responsibility of the licensee to be used for all applications within the online system, including, but not limited to, an initial licensure application, a renewal application, updating the address, requesting a wall certificate or license verification to another state or entity. The user identification and password shall constitute the legally recognized signature for the purposes of this rule. Any person who knowingly makes a false statement on a written application or electronic application may be found guilty of falsification under section 2921.13 of the Revised Code, a misdemeanor of the first degree. Applications shall be maintained for two years from the date of receipt by the board. Submitted applications which remain incomplete after two years shall be considered abandoned. The license application and fee shall be forfeit and individuals seeking licensure shall be required to re-apply.

(B) The appropriate non-refundable fee, shall accompany the application for licensure or registration.

(1) Grade transcripts showing all coursework and/or academic degrees necessary to meet the education requirements for the license or registration for which the applicant is applying.

(a) Such transcripts shall bear the official seal of the college or university and the signature of the registrar. The applicant shall bear sole responsibility for transcripts sent directly from the college or university to the board office.

(b) If an applicant's transcript does not clearly indicate that the applicant meets the education requirements for the license for which they are applying, the applicant shall provide additional information about their coursework in a manner prescribed by the board.

(2) Statements, on a form prescribed by the board, to document all professional employment experience required by any rule under this chapter, or for licensure or registration by the board. Statements, if required, shall be completed by the person(s) who supervised the required professional employment experience, or who are judged by the board to be in a position to make a professional judgment about the nature of the applicant's duties and the quality of their work, and who meet the criteria established for such respondents by the board in any rules under this chapter.

(3) In the case of an art therapist or music therapist, evidence of board certification by the certification board for art therapists or music therapists or successor organizations.

(D) Applicants for any license or certificate of registration issued by the board shall meet the board's requirements for criminal convictions as established under section 9.79 of the Revised Code.

(E) All applicants for an initial license or registration shall submit a request to the bureau of criminal identification and investigation for a criminal records check of the applicant per sections 4776.02 and 4776.03 of the Revised Code and shall include a federal bureau of identification criminal records check request. This requirement applies to all initial applications for professional counselor, social worker, professional clinical counselor, independent social worker, marriage and family therapist, independent marriage and family therapist, art therapist, and music therapist or for registration of title as a social work assistant, counselor trainee, marriage and family therapist trainee or social worker trainee. The applications for criminal records check shall comply with section 109.572 of the Revised Code. The criminal records check shall be received within one year prior to licensure or a new criminal records check shall be required. Section 4776.02 of the Revised Code requires that all fingerprint reports be sent directly to the board office from the bureau of criminal identification and investigation. Any fingerprint results mailed to or from some other source shall not be accepted.

(1) Applicants in the state of Ohio shall go to a county sheriff's office or other agency approved by Ohio's attorney general to request an electronic criminal records check and submit fingerprints to the bureau of criminal identification and investigation. A link to electronic fingerprint sites is available on the board's web page under "forms."

(a) Each applicant shall pay the fee to the agency scanning their fingerprints and provide the bureau of criminal identification and investigation with the applicant's name and address and with the board's name and address as the results addressee. The agency code fingerprint card shall be "1AB002."

(b) An applicant who has poor fingerprint quality on the electronic scanning shall be notified by the board to request a waiver from electronic scanning and mailed the required forms for submission of ink rolled fingerprints. The bureau of criminal identification and investigation has suggested using cornhuskers lotion when having difficulties getting a good electronic scan.

(c) The applicant shall ask the superintendent of the bureau of criminal identification and investigation in the criminal records check request to obtain from the federal bureau of investigation any information it has pertaining to the applicant.

(2) Applicants outside the state of Ohio shall go to a police agency in their state and complete the blank criminal records check cards provided to them by the board and submit fingerprints by mailing the completed forms directly to the bureau of criminal identification and investigation. Note: this process may be quicker and more convenient, if the applicant waits until she or he is in Ohio, to complete an electronic scan.

(a) Each applicant shall pay the fee to the agency completing the fingerprinting and to the bureau of criminal identification and investigation for both the Ohio and federal bureau of investigation records checks. Applicants shall follow the directions provided with the fingerprint cards. The applicant shall ask the superintendent of the bureau of criminal identification and investigation in the request to obtain from the federal bureau of investigation any information it has pertaining to the applicant. Part of that application requires a waiver from electronic submission form citing out-of-state as the reason.

(b) An applicant requesting a criminal records check shall provide the bureau of criminal identification and investigation with the applicant's name and address and with the board's name and address as the results addressee. The agency code on the fingerprint card shall be "1AB002."

(3) The board shall not issue a license or registration until receipt of the criminal records check and any follow-up actions are completed.

(4) The results of any criminal records check conducted pursuant to a request made under this chapter and any report containing those results, including any information the federal bureau of investigation provides, are not public records for purposes of section 149.43 of the Revised Code and shall not be made available to any person or for any purpose other than as follows:

(a) The superintendent of the bureau of criminal identification and investigation shall make the results available to the board for use in determining, under Chapter 4757. of the Revised Code, whether the applicant who is the subject of the criminal records check should be granted a license under that chapter.

(b) The board shall make the results available to the applicant who is the subject of the criminal records check or to the applicant's representative upon their written request.

Last updated December 27, 2023 at 8:15 AM

History

Effective: December 26, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4757-1-05 License fees.

License fees shall be established by the board in amounts not to exceed the maximum allowable under section 4757.31 of the Revised Code. Fees are subject to change by action of the board, the controlling board, and/or the general assembly.

(A) Fees shall be paid by credit card or electronic check.

(B) Fees shall be paid at the time of the initial application. Renewal fees shall be the same as initial licensure or registration fees.

(D) Fees for a two-year license, registration of title or reinstatement from an inactive status are as follows. Late renewal shall incur an additional fee of forty dollars except social work assistant late renewal shall be twenty dollars.

(1) For licensed professional clinical counselor the fee is one hundred dollars.

(2) For licensed professional counselor the fee is eighty dollars.

(3) For independent social worker the fee is one hundred dollars.

(4) For social worker the fee is eighty dollars.

(5) For social work assistant the fee is sixty dollars.

(6) For social work temporary license the fee is twenty dollars.

(7) For independent marriage and family therapist the fee is one hundred dollars.

(8) For marriage and family therapist the fee is eighty dollars.

(9) For marriage and family therapist temporary license the fee is twenty dollars.

(10) For licensed professional art therapist the fee is one hundred dollars.

(11) For licensed professional music therapist the fee is one hundred dollars.

(E) Fees for a two-year license or registration of title in an inactive status as defined by rule 4757-7-03 of the Administrative Code are as follows. Late renewal shall incur an additional fee of twenty dollars except social work assistant late renewal shall be ten dollars.

(1) For professional clinical counselor the fee is fifty dollars.

(2) For professional counselor the fee is forty dollars.

(3) For independent social worker the fee is fifty dollars.

(4) For social worker the fee is forty dollars.

(5) For social work assistant the fee is twenty dollars.

(6) For independent marriage and family therapist the fee is fifty dollars.

(7) For marriage and family therapist the fee is forty dollars.

(8) For licensed professional art therapist the fee is fifty dollars.

(9) For licensed professional music therapist the fee is fifty dollars.

(F) For a privilege to practice as counselor as authorized under section 4757.51 of the Revised Code the fee is twenty-five dollars.

(G) The fee for permission to practice per rule 4757-1-09 of the Administrative Code shall be fifty dollars per six month period during which permission to practice is granted.

(H) Licensees requesting written board certification of their licensure to other states or entities shall pay a twenty-five dollar fee for that verification.

(I) Licensees requesting replacement wall certificates for name changes or any other reason shall pay a fifteen dollar fee for that wall certificate.

(J) Applicants per rule 4757-9-05 of the Administrative Code for continuing education provider approval shall pay a one hundred twenty-five dollar fee for each application.

(K) Applicants per rule 4757-9-05 of the Administrative Code for association provider approval status may be charged a five hundred dollar fee for each application.

(L) The first incident in which a licensee fails to complete his/her continuing education for renewal as defined in division (A)(10) of section 4757.31 of the Revised Code and as defined in paragraph (II) of rule 4757-3-01 of the Administrative Code, the fee shall be as enumerated in this paragraph. For a second incidence, refer to paragraph (C) of rule 4757-1-07 of the Administrative Code.

(1) For renewal of a license or registration with one to fifteen hours of continuing education less than required shall be fifty dollars;

(2) For renewal of a license or registration with sixteen to thirty hours of continuing education less than required shall be one hundred dollars; and

(3) For renewal of a license or registration with enough hours, but without the required ethics or supervision continuing education hours shall be fifty dollars.

Last updated August 18, 2025 at 7:13 AM

History

Effective: August 18, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4757-1-06 Personal information systems.

(A) The board shall appoint one employee to be directly responsible for each personal information system maintained by the board. Said employee shall:

(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 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 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 verifications that the person requesting access to the record is the subject of information contained in the system, the employee shall:

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

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

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

(d) Allow individuals who wish 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 shall reprimand in writing any employee who initiates or otherwise contributes to any disciplinary or other punitive action taken against another individual who brings attention to the appropriate authorities, the press, or a member of the public, any evidence of unauthorized use of any material contained in the licensure or document management systems. A copy of the reprimand shall be entered in the employee's personnel file.

(1) Maintaining the personal information system with the accuracy, relevance, timeliness and 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 shall 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 of a receipt of a request from the disputant; 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 the board cannot verify or 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 find the information in the system to be inaccurate, irrelevant, outdated, or incomplete,

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

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

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

Last updated April 15, 2024 at 1:38 PM

History

Effective: September 20, 2007
Promulgated Under: 119.03

Ohio Adm.Code 4757-1-07 Discipline actions that may include fines.

The professional standards committees established under section 4757.04 of the Revised Code may utilize fines at the discretion of each committee. Per division (E) of section 4757.10 of the Revised Code the following fines are enumerated.

(A) Practicing without a valid license, which includes practice prior to license and continuing to practice with an expired license.

(1) Worked as a licensee for sixty days or less without a valid license standard consent agreement terms:

(a) Written reprimand;

(b) Standard fine two hundred dollars for independent practitioner licensee and one hundred dollars for all others; and

(2) Worked for sixty-one to one hundred twenty days without a valid license standard consent agreement terms:

(a) Suspension of fourteen days, plus an additional day for each day he/she engaged in unlicensed practice;

(b) Standard fine of two hundred dollars for independent practitioner licensee and one hundred dollars for other licensees plus one hundred dollars per week after the first three weeks. Fine amount up to five hundred dollars; and

(3) Worked for more than one hundred twenty days without a valid license standard consent agreement terms:

(a) Suspension of four months, plus an additional month for each month or part thereof he/she engaged in unlicensed practice;

(b) Standard fine of five hundred dollars for all licensees; and

(B) Fines may be levied in other discipline cases where the professional standards committee believes the fine will be more productive in correcting the issue than other discipline actions. Fine amounts up to five hundred dollars per violation may be made using the aggravating and mitigating factors in paragraph (F) of this rule in determining the proposed fine amount.

(C) Failure to complete the continuing education required for renewal, which is typically discovered during a continuing education audit, which includes failure to provide documentation of thirty hours of continuing education that meet the requirements of rule 4757-7-01 of the Administrative Code. These terms will be implemented after a licensee has failed a previous audit and paid a fee under rule 4757-1-05 of the Administrative Code for failure to complete thirty continuing education hours prior to renewal. The standard consent agreement terms are:

(1) Written reprimand;

(2) A five hundred dollar fine to be paid within thirty days of the effective date of the agreement;

(3) Complete the number of continuing education hours he/she was deficient within thirty days of the consent agreement effective date and submit proof of completion on or before that date. These hours shall not be counted toward his/her next renewal.

(4) Agrees to audit for continuing education the next time he/she renews his/her license.

(D) Applying for or renewing a license by means of fraud/deceit. Includes failure to report discipline by another jurisdiction, conviction, etc. May include:

(1) Written reprimand;

(2) Fine up to five hundred dollars with a standard fine of two hundred fifty dollars;

(3) Fine to be paid within sixty days of the effective date of the agreement; and

(4) Attend four hours of ethics training. Course(s) must be at least a two semester hour or three quarter hour college level or thirty hour continuing education course, no on-line courses. Verification of completion shall be submitted to the investigation division within thirty days of attendance. These hours will not count toward the continuing education requirement for license renewal.

(E) Failure to respond to the continuing education audit may include:

(1) Fine up to five hundred dollars with a standard fine of two hundred fifty dollars;

(2) Fine to be paid within sixty days of the effective date of the agreement;

(3) Submit proof of thirty hours of continuing education for the audit renewal period within thirty days of the ratification of the agreement; and

(4) Agrees to audit for continuing education the next time he/she renews his/her license.

(F) Violations of section 959.07 of the Revised Code:

(1) For a first violation a confidential written warning may be issued;

(2) For a second violation, a fine of one hundred dollars;

(3) For a third or subsequent violation, a fine of five hundred dollars.

(G) Aggravating and mitigating factors to consider in levying fines. After a violation has been established, the professional standards committee may consider aggravating and mitigating factors/circumstances in determining the penalty to be imposed. If the professional standards committee deems such circumstances to be sufficient to justify a departure from the disciplinary guidelines, the reasons shall be specified by the professional standards committee.

(1) Aggravating factors/circumstances are any considerations or factors, which might justify an increase in the degree of discipline to be imposed. Aggravating factors may include, but are not limited to:

(a) Prior disciplinary actions;

(b) A pattern of misconduct;

(d) Submission of false statements, false evidence or other deceptive practices during the disciplinary process;

(e) Refusal to acknowledge wrongful nature of conduct;

(f) Adverse impact of misconduct on others;

(g) Vulnerability of the victim; and

(h) Willful or reckless misconduct.

(2) Mitigating factors/circumstances are any considerations, which might justify a reduction in the degree of discipline to be imposed. Mitigating factors may include, but are not limited to:

(a) Absence of a prior disciplinary record;

(b) Isolated incident, unlikely to recur;

(d) Interim rehabilitation or remedial measures;

(e) Absence of adverse impact of misconduct on others;

(f) Remorse; and/or

(g) Absence of willful or reckless misconduct.

Last updated March 21, 2022 at 8:31 AM

History

Effective: March 21, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4757-1-08 Military provisions related to licensure for counselors, social workers and/or marriage and family therapists.

(A) Definitions.

(1) "Armed forces" means:

(a) The army, air force, navy, marine corps, coast guard, space force, and any other military service branch that is designated by congress as a part of the armed forces of the United States.

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

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

(e) The merchant marine service during wartime; or

(f) 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) "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.

(4) "Temporary Miltary License" means a license issued in accordance with section 4743.041 of the Revised Code.

(5) "Miltary Spouse" means a person legally married to a person serving on active duty in the United States armed forces.

(6) "Qualifying license" means a license or certification issued by a state or jurisdiction.

(B) Eligibility for a non-military license when the applicant relies upon qualifying service in the armed forces.

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 as an:

(1) Independent social worker.

(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 a independent social worker. An individual serving in a military primary specialty listed in paragraph (B)(1)(b) of this rule must be a graduate of a master's in social work program accredited by the council for social work education (CSWE) to serve in that specialty.

(b) Military primary specialties for independent social workers.

(i) Army: social worker (AOC 73A)

(ii) Navy: social worker (NOBC none)

(iii) Air force: clinical social worker (AFSC 42SX)

There are no minimal lengths of service that would be substantially equivalent to or exceed the educational and experience requirements for licensure as a licensed professional clinical counselor, independent social worker or independent marriage and family therapist.

(2) Social work assistant.

(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 registration as a social work assistant. There are no military primary specialties for social work assistant registration.

Military primary specialties: none.

(b) Lengths of service.

There are no minimal lengths of service that would be substantially equivalent to or exceed the educational and experience requirements for registration as a social work assistant.

(3) Licensed professional clinical counselor.

(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 a licensed professional clinical counselor.

Military primary specialties: none.

(4) Independent marriage and family 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 independent marriage and family therapist. There are no military primary specialties for licensure as an independent marriage and family therapist.

Military primary specialties: none.

(b) Lengths of service.

There are no minimal lengths of service that would be substantially equivalent to or exceed the educational and experience requirements for registration as a social work assistant.

(1) Per section 5903.10 of the Revised Code, a licensee or registrant shall be granted a renewal of the license or certificate by the board at the usual fee without a late fee as required by rule 4757-1-05 of the Administrative Code, if not otherwise disqualified because of mental or physical disability, and if either paragraph (C)(1)(a) or (C)(1)(b) of this rule applies:

(a) The license or registration was not renewed because of the holder's service in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard.

(b) The license or certificate was not renewed because the holder's spouse served in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard, and the service resulted in the holder's absence from this state.

(c) A renewal shall not be granted under this paragraph unless the holder or the holder'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.

(2) Military members on active duty outside of Ohio may receive a complete or partial waiver of all continuing education hours upon providing proof of orders outside of Ohio. Military members in Ohio may provide proof that they are unable to complete continuing education in order to receive a full or partial waiver of continuing education hours required.

(3) Per section 5903.12 of the Revised Code, a licensee or registrant upon application that is accompanied by proper documentation certifying that the licensee has been called to active duty as described in paragraph (D)(3)(a) and/or (D)(3)(b) of this rule during the current or a prior reporting period and certifying the length of that active duty, shall have the continuing education response time extended for 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 shall be considered one full month.

(a) The person is a member of the Ohio national guard, the Ohio military reserve, the Ohio naval militia, or a reserve component of the armed forces of the United States.

(b) The person has been called to active duty, whether inside or outside the United States, because of an executive order issued by the president of the United States or an act of congress, or upon the order of the governor, for a period in excess of thirty-one days.

(D) Waiver of license application fee - permanent license for a member of the armed forces.

(1) The application fee shall be waived for an applicant who is a current member of the armed forces.

(2) Paragraph (D) of this rule applies to the following application fee types:

(a) Initial licensure by examination, outlined in rules 4757-13-01, 4757-13-03, 4757-19-01, 4757-19-02, 4757-19-03, 4757-25-01 and 4757-25-03 of the Administrative Code.

(b) Initial licensure by endorsement, outlined in rules 4757-13-06, 4757-19-07 and 4757-25-06 of the Administrative Code.

(d) Restoration of a license in an inactive status, outlined in rule 4757-7-03 of the Administrative Code.

(E) Application process - permanent license for a member of the armed forces or their spouse.

(1) The board's applications shall 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 shall be stored in the licensing system.

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

(F) Application for a temporary military license

(1) In accordance with division (C) of section 4743.041 of the Revised Code, a person who presents the following qualifications by applying using an application required by the board is eligible for a temporary military license to practice as a counselor, social worker, or marriage and family therapist Ohio.

(a) The person holds a valid license issued by another state to practice as a social worker, counselor, or marriage and family therapist;

(b) The person is in good standing in the state of licensure or certification;

(c) The person presents adequate proof to the board that the individual or the individual's spouse is on active military duty in the state of Ohio;

(d) The person complies with the criminal records check requirements in section 4755.70 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.

(2) The license issued to the applicant under this rule will be the license that has the scope of practice comparable to the license held in the state issuing the qualifying license.

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

(4) An application for a military license must include:

(a) Proof of either of the following:

(i) The applicant is an active duty member of the armed forces of the United States who is stationed in Ohio; or

(ii) The applicant is married to an active duty member of the armed forces of the United States who is stationed in Ohio.

(b) Proof the applicant holds a valid unrestricted license to practice as a counselor, social worker, or marriage and family therapist in another state;

(d) Attestation the applicant will notify the board if they become unqualifed for temporary military license as defined in paragraph (F)(4)(e) of rule 4757-1-08 of the Administrative Code or if the member is no longer stationed in Ohio.

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

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

(ii) For a licensee who is a military spouse, six months have elapsed since the divorce, dissolution, or annulment of the marriage to a person in the military who qualified the licensee for a temporary military license;

(iii) The licensee is disqualified from obtaining a license because of a conviction, judicial finding of guilt, or plea of guilty to a disqualifying criminal offense.

(5) To document, track, prioritize, and expedite the issuance of licenses under this rule, the board shall process the application in the following manner:

(a) After initial review by the license examiner assigned to complete an initial review of submitted applications, route the application via the eLicense system to the board staff member responsible for reviwing and issuing under this rule;

(b) If the application is complete, issue the license immediately;

(c) Communicate with the applicant regarding the status of the application, including what information is needed to complete the application;

(d) Prioritize the application for approval even if it was received later than applications requiring general processing.

(6) A temporary military license shall expire six years after the date of issuance and is not renewable. A licensee may apply for a regular license by endorsement or examination while the temporary military license is active.

(7) The board shall waive all license application fees associated with a temporary military license.

(8) An individual holding a temporary military license must practice within the appropriate scope of practice for social work, counseling, and marriage and family therapy in the state of Ohio.

Last updated August 18, 2025 at 7:14 AM

History

Effective: August 18, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4757-1-09 Conditional permission to practice.

Non-residents who hold an equivalent license or registration in their home jurisdiction, and whose qualifications, as demonstrated in an application prescribed by the board, meet the standards for licensure under Chapter 4757. of the Revised Code and Chapter 4757. of the Administrative Code may be awarded conditional permission to practice. Nonresidents shall have conditional authorization to practice counseling, social work, or marriage and family therapy for not more than thirty days in a six month period upon board approval, receipt of written authorization granting the nonresident permission to practice, and payment of an application fee.

Last updated December 27, 2023 at 8:15 AM

History

Effective: December 26, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4757-1-10 Trainee Registration.

(A) Counseling, social work, and marriage and family therapy students, master's students or counseling and marriage and family therapy doctoral students who are enrolled in a practicum, internship or field work course, prior to receiving their degree are eligible to register as a "trainee" as authorized in section 4757.10 of the Revised Code. Students are not required by the board to have trainee status to complete their degree requirements or when supervised to provide services as part of coursework but may be required to obtain registration as a trainee by the supervising agency as a condition of acceptance of the student for placement. A student may also voluntarily choose to apply for registration as a trainee. Registered trainees are expected to be more closely supervised than licensed professionals. Applicants for trainee status shall:

(1) Meet the board's requirements for criminal convictions as established under section 9.79 of the Revised Code.

(2) Provide criminal records checks per paragraph (E) of rule 4757-1-04 of the Administrative Code.

(3) Apply in a form specified by the board and comply with rule 4757-1-04 of the Administrative Code.

(4) Provide proof of enrollment in a master's or doctoral-level level practicum, internship, or field experience course. A copy of the college or university's online enrollment document shall be acceptable; or a letter, or email from the program director or other faculty member, counseling, social work, or marriage and family therapy degree program administrator or registrar stating the applicant is enrolled. The proof of enrollment must clearly identify the name of the trainee applicant, the college or university, the degree program, the dates of course enrollment, and any other information required by the board to determine an applicant's qualifications to register as a trainee.

(5) Provide proof of enrollment as specified in paragraph (A)(4) of this rule for their existing registration to be extended through the dates of the initial trainee registration upon its expiration, if the trainee is seeking to renew the trainee registration.

(6) Have a scope of practice related to the degree program in which the trainee is enrolled. For a counselor trainee the scope of practice is that of a licensed professional counselor as defined in rule 4757-15-01 of the Administrative Code; for a social worker trainee the scope of practice is that of a licensed social worker as defined in rule 4757-21-02 of the Administrative Code for social work; and for a marriage and family therapist trainee the scope of practice is that of a marriage and family therapist as defined in rule 4757-27-01 of the Administrative Code but requires much closer supervision during the training process.

(7) Trainees shall be supervised in accordance with the supervision rules established by the board for training supervision of licensed professional counselors, licensed social workers, and marriage and family therapists.

(B) Trainee status is not a substitute for licensure and is only valid at the school approved placement site(s), and through the dates listed on the board's online license verification system.

(C) Trainee status shall be active only within the dates displayed on the online license verification system. The registration will be valid through the period of enrollment identified on the proof of enrollment submitted with the original application but will be valid for no more than twelve months. Registrations may, based on valid proof of enrollment, be extended for periods of less than twelve months. Upon the request of the trainee, the registration status may be extended for up to six months following the trainee's graduation date as evidenced by an official transcript. Trainees must carefully monitor the expiration date of their registration with the board and begin the process of terminating with and transferring any clients prior to the expiration date of the trainee registration.

(D) The trainee registration will expire if trainee is not enrolled or is removed from their program of study or otherwise no longer considered a student by the program in which they were enrolled at the time the trainee registration was issued, unless the student has graduated and requests an extension as described in paragraph (C) of this rule.

(E) Ensuring the trainee is properly registered and listed on the licensure web site https://elicense.ohio.gov is the responsibility of the trainee but shall be monitored by the workplace supervisor or agency at time of placement and subsequent extensions of trainee status.

Last updated April 13, 2026 at 8:37 AM

History

Effective: April 13, 2026
Promulgated Under: 119.03

Chapter 4757-3 Definitions; Titles

Ohio Adm.Code 4757-3-01 Definitions.

The following meanings shall apply to all rules promulgated by the counselor, social worker, and marriage and family therapy board, unless in a specific paragraph under one of the counselor, social worker, and marriage and family therapist board rules, the word or term is explicitly defined or used in different manner.

(A) The terms "practice of professional counseling," "clinical counseling principles, methods, or procedures," "social work," "accredited educational institution," and "mental and emotional disorders" shall for the purposes of board rules have the same meanings as set forth in section 4757.01 of the Revised Code.

(B) The terms "renewal," "renewed," "license," and "licensee" shall for the purposes of board rules have the same meanings as set forth in section 4757.01 of the Revised Code.

(C) "Agency" means an organization, which has a clearly defined mission statement with goals and objectives that include the provision of counseling, social work, and/or marriage and family therapy services, and which is recognized by a unit of government or others authorized to legitimize its functions. In addition, it shall have clearly defined lines of authority, a formal decision-making process, and differentiated staff roles with written job descriptions. Agency settings include private non-profit organizations, public organizations, and others approved by the board, that are engaged in the practice of social work, counseling, and/or marriage and family therapy. Settings in which social work, counseling, and/or marriage and family therapy is practiced as a private practitioner, as a member of a partnership, or as a member of a group practice are not included.

(D) "Applicant" means an individual who has:

(1) Filed with the executive director of the board a completed application for licensure as a licensed professional clinical counselor, licensed professional counselor, independent marriage and family therapist, marriage and family therapist, independent social worker, social worker, or for registration of title as a social work assistant, or for registration as a trainee, on forms prescribed by the board; and

(2) Paid the appropriate fee, if applicable.

(E) "Application" means an online application or a written application, in a form prescribed by the board, filed with the executive director of the board, wherein the applicant has provided all the information required for processing the licensure application.

(F) "Art therapy" means the practice of professional art therapy as defined in division (K) of section 4757.01 of the Revised Code for a fee, salary, or other consideration.

(G) "Board" means the counselor, social worker, and marriage and family therapist board. When the board is cited that may be the full board or one of the appropriate professional standards committees.

(H) "Board office" means the business office of the counselor, social worker, and marriage and family therapist board.

(I) "Book" means a non-fiction, non-self published work of scholarship published in a bound or electronic format.

(J) "Civil service employee" means an individual employed by the state, the counties, cities, city health districts, general health districts, and city school districts thereof, as defined in division (A) of section 124.01 the Revised Code.

(K) "Counseling" means the practice of professional counseling as defined in division (A) of section 4757.01 of the Revised Code for a fee salary, or other consideration.

(L) "Coursework" means a college or university course at an accredited educational institution in which the applicant was enrolled for credit.

(1) "Graduate coursework" means any coursework taken for a grade that meets the requirements of a post-baccalaureate degree and in which the applicant was enrolled after receiving their baccalaureate degree.

(2) "Undergraduate coursework" means any coursework taken for a grade which is recognized by the granting institution as undergraduate coursework in which the applicant received a passing grade.

(M) "Employee," "employed," "employment," and "experience" all refer to work for a fee or salary, not including practicum and/or internship experiences taken as part of an educational program, which falls within the scope of practice of the license for which the applicant is applying.

(N) "Ethics continuing education" means a continuing education program that covers ethical requirements (including cultural competency) as defined in Chapter 4757-5 and Chapter 4757-6 of the Administrative Code.

(O) "Inactive-Escrow" means a non-practice license status whereby by the license may at some point in the future be reinstated as active.

(P) "License fee" means the fee(s) established by the board for the processing of applications and/or the issuance of licenses as specified in rule 4757-1-05 of the Administrative Code.

(Q) "Master's degree in social work" means a degree granted from an educational institution accredited by the council on social work education or an educational institution in candidacy for accreditation by the council.

(R) "Music therapy" means the practice of professional music therapy or providing music therapy services as defined in division (M) of section 4757.01 of the Revised Code for a fee, salary, or other consideration.

(S) "Private practice" and "private practitioner" mean an individual who independently, in partnership, or in corporation practices counseling, social work, or marriage and family therapy as defined in section 4757.01 of the Revised Code and sets up his/her own condition of exchange with those clients, and identifies himself/herself in any manner as a counselor, social worker, or marriage and family therapist in offering such services. Licensed professional counselors and marriage and family therapists shall do so under supervision as required by sections 4757.21 and 4757.30 of the Revised Code. Social workers may not engage in private practice per division (C) of section 4757.26 of the Revised Code.

(T) "Scope of practice" means the services, methods, and techniques, in which and the areas for which, an individual is licensed or registered under Chapter 4757. of the Revised Code and under agency 4757 of the Administrative Code (agency 4757 of the Administrative Code is reserved for the counselor, social worker and marriage and family therapist board).

(U) "Social work" means the application of specialized knowledge of human development and behavior and social, economic, and cultural systems in directly assisting individuals, families, and groups to improve or restore their capacity for social functioning, including counseling, the use of psychosocial interventions, and social psychotherapy for a fee, salary, or other consideration.

(1) "Psychosocial interventions" means the application of social work that involves individual, dyadic, family, or group interventions that utilize treatment modalities such as a family systems therapy, client centered advocacy, environmental modifications, community organization and/or organizational change. These modalities are implemented in crisis, short-term, and long-term therapeutic interventions directed at reducing, increasing, enhancing, maintaining, or changing target behaviors, areas of functioning, or environmental structures or processes.

(2) "Counseling", within the practice of social work, means a method used by social workers to assist individuals, couples, families, and groups in learning how to solve problems and make decisions about personal, health, social, educational, vocational, financial, and other interpersonal concerns.

(3) "Social psychotherapy" means the application of social work toward the goal of enhancement and maintenance of psychosocial functioning of individuals, families, and small groups. It includes interventions directed to interpersonal interactions, intra-psychic dynamics, and life-support and management issues. It also includes the professional application of social work theory and methods to the treatment and prevention of psychosocial dysfunction, disability, or impairment, including mental and emotional disorders. Social psychotherapy consists of assessment; diagnosis; treatment, including psychotherapy and counseling; consultation; and evaluation.

(4) "Social services" means those activities which improve and maintain an individual's functioning in institutions, at home, or in the community and which do not require the specialized knowledge of social work, counseling, psychosocial interventions, or social psychotherapy. For individuals performing only social services licensure is not required pursuant to Chapter 4757. of the Revised Code.

(5) "Social Functioning" means living up to the expectations that are made of an individual by that person's own self, by the immediate social environment, and by society at large. These expectations, or functions, include meeting one's own basic needs and the needs of one's dependents and making positive contributions to society. Human needs include physical aspects (food, shelter, safety, health care, and protection), personal fulfillment (education, recreation, values, aesthetics, religion, and accomplishment), emotional needs (a sense of belonging, mutual caring, and companionship), and an adequate self-concept (self-confidence, self-esteem, and identity).

(V) For the purpose of the counselor, social worker, and marriage and family therapist board rules and the licenses granted under them, the board adopts the following titles and meanings:

(1) "Licensed Professional Counselor" means a counselor licensed by the board to practice professional counseling as defined in division (A) of section 4757.01 of the Revised Code.

(2) "Licensed Professional Clinical Counselor" means a counselor licensed by the board to practice professional counseling and the unsupervised diagnosis and treatment of mental and emotional disorders and conditions as defined in division (A) of section 4757.01 of the Revised Code.

(3) "Independent Social Worker" means a social worker licensed by the board to practice social work as defined in division (C) of section 4757.01 of the Revised Code.

(4) "Social Worker" means a social worker licensed by the board to practice social work as defined in division (C) of section 4757.01 of the Revised Code.

(5) "Registered Social Work Assistant" means an individual issued a certificate of registration by the board in accordance with division (C) of section 4757.29 of the Revised Code.

(6) "Independent Marriage and Family Therapist" means a marriage and family therapist licensed by the board to practice marriage and family therapy as defined in division (G) of section 4757.01 of the Revised Code.

(7) "Marriage and Family Therapist" means a marriage and family therapist licensed by the board to practice marriage and family therapy as defined in division (G) of section 4757.01 of the Revised Code.

(8) "Licensed Professional Art Therapist" means an art therpist licensed by the board to practice art therapy as defined in division (J) of section 4757.01 of the Revised Code.

(9) "Licensed Professional Music Therapist" mean a music therapist licensed by the board to practice music therapy as defined in division (L) of section 4757.01 of the Revised Code.

(10) "Licensed Professional Counselor with training supervision designation" means a counselor who has been licensed by the board to practice professional counseling as defined in division (A) of section 4757.01 of the Revised Code and been awarded a training supervision designation per paragraph (E) of rule 4757-17-01 of the Administrative Code.

(11) "Licensed Professional Clinical Counselor with training supervision designation" means a counselor licensed by the board to practice professional counseling and the unsupervised diagnosis and treatment of mental and emotional disorders and conditions as defined in division (A) of section 4757.01 of the Revised Code and been awarded a training supervision designation per paragraph (E) of rule 4757-17-01 of the Administrative Code.

(12) "Independent Social Worker with training supervision designation" means a social worker licensed by the board to practice social work as defined in division (C) of section 4757.01 of the Revised Code and been awarded a training supervision designation per paragraph (D) of rule 4757-23-01 of the Administrative Code.

(13) "Independent Marriage and Family Therapist with training supervision designation" means an independent marriage and family therapist licensed by the board to practice marriage and family therapy as defined in division (H) of section 4757.01 of the Revised Code and been awarded training supervision designation per paragraph (F) of rule 4757-29-01 of the Administrative Code.

(W) "Counseling experience" means the applicant's primary employment responsibility was in counseling, supervision of a counseling program, or direct involvement in the administration or policy division of a counseling program.

(X) "Counselor trainee" means an individual who is a graduate student seeking voluntary registration per section 4757.10 of the Revised Code and has filed a training agreement with the board per rule 4757-13-09 of the Administrative Code and who is currently enrolled in either a practicum or internship in a counselor education program as defined in paragraph (A)(4) of rule 4757-13-01 of the Administrative Code.

(Y) "Doctoral internship" means a doctoral internship which is taken in a counselor education program which is approved by the counselor professional standards committee or at a counselor education program which meets the criteria of a committee approved program.

(Z) "Impaired or impairment" means the presence of the disorder of alcoholism, substance abuse, mental illness or other debilitating conditions.

(AA) "Impaired treatment program" means a plan of care and rehabilitation services provided by organizations or persons authorized by the board to provide such services.

(BB) "Impairment program" means a program for the prevention, detection, intervention, rehabilitation, and monitoring of impaired counselors, social workers or marriage and family therapists.

(CC) "Practice of marriage and family therapy" means the practice of marriage and family therapy as defined in division (H) of section 4757.01 of the Revised Code, for a fee, salary or other consideration.

(DD) "Client" as used in agency 4757 of the Administrative Code, means a patient or consumer of services or that person's legal guardian, or any other receiver of mental health services.

(EE) "Social worker trainee" means an individual who is a graduate student seeking voluntary registration per section 4757.10 of the Revised Code and rule 4757-19-05 of the Administrative Code and is currently enrolled in a master's level practicum, internship or field work course in a social work education program accredited by the "Council on Social Work Education" (CSWE) or an educational institution in candidacy for accreditation by the council.

(FF) "Independent Contractor" means an individual who meets the internal revenue service (IRS) definition as an independent contractor in (IRS) publication 15-A, which can be found at http://www.irs.gov/pub/irs-pdf/p15a.pdf.

(GG) "Peer Supervision" means the joint or mutual discussion of issues in supervision by supervising counselors for the purpose of improving the quality of supervision.

(HH) "First-hand knowledge" means the direct knowledge of a supervisee's work through audio tape and/or video tape and/or live supervision.

(II) "Teletherapy" means counseling, social work or marriage and family therapy in any form offered, rendered, or supported by electronic or digitally-assisted approaches, to include when the counselor, social worker or marriage and family therapist and the client are not located in the same place during delivery of services or when electronic systems or digitally-assisted systems are used to support in-person face to face therapy.

(JJ) "Marriage and Family Therapist trainee" means an individual who is a graduate student seeking voluntary registration per section 4757.10 of the Revised Code, and has filed a training agreement with the board per rule 4757-25-08 of the Administrative Code and is currently enrolled in either a practicum or internship in a marriage and family therapy education program as defined in paragraph (A) of rule 4757-25-01 of the Administrative Code.

(KK) "Late completion of continuing education" for counselor, social worker, or marriage and family therapy licensure renewal required under section 4757.33 of the Revised Code and by rules 4757-9-01, 4757-9-02 and 4757-9-03 of the Administrative Code means an active licensee renewed their license or registration without completing the requisite continuing education hours, which they swore or affirmed in their renewal application that they had obtained.

(LL) "Accredited" or "Appropriately Accredited" means an institution accredited or holding pre-accredited status at the college level by an accreditation agency recognized by the U.S. secretary of education; or an institution accredited at the college level by an accrediting agency recognized by the council for higher education accreditation "CHEA."

Last updated July 2, 2024 at 10:23 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-3-02 Abbreviations and titles.

(A) Counselors, social workers, and marriage and family therapists licensed or registered by the board shall use the following abbreviations to designate their titles as defined in paragraph (V) of rule 4757-3-01 of the Administrative Code:

(1) "LPAT" means a "Licensed Professional Art Therapist";

(2) "LPMT" means a "Licensed Professional Music Therapist";

(3) "LPCC" means a "Licensed Professional Clinical Counselor";

(4) "LPCC-S" means a "Licensed Professional Clinical Counselor with training supervision designation";

(5) "LISW means an "Independent Social Worker";

(6) "LISW-S" means an "Independent Social Worker with training supervision designation";

(7) "LPC" means a "Licensed Professional Counselor";

(8) "LPC-S" means a "Licensed Professional Counselor with training supervision designation";

(9) "LSW" or means a "Social Worker";

(10) "SWA" means a "Registered Social Work Assistant";

(11) "CT" means a "Registered Counselor Trainee";

(12) "IMFT" means an "Independent Marriage and Family Therapist";

(13) "MFT" means a "Marriage and Family Therapist";

(14) "SWT" means a registered "Social Worker Trainee".

(15) LPC-TEMP" means a "Licensed Professional Counselor" with a temporary license.

(16) "LSW-TEMP" or means a "Social Worker" with a temporary license.

(17) "MFT-TEMP" means a "Marriage and Family Therapist" with a temporary license.

(18) "IMFT-S" means an "Independent Marriage and Family Therapist" with training supervision designation.

(19) "MFTT" means a registered "Marriage and Family Therapist Trainee."

(B) "Marriage and Family Therapists" may not use the title "Licensed Marriage and Family Therapist" or the abbreviation "LMFT."

(C) Licensees shall indicate after their name on official documents the appropriate abbreviations of the current active license, or licenses, issued to them by this board.

(D) No person licensed by this board shall use after their name the title of abbreviation for any license, certification, or registration that they do not hold at the time of the use of said title or abbreviation.

(E) A person whose license has been suspended or revoked by the board or its professional standards committee shall not use with their name the abbreviation or title of that license while it is under suspension or revocation, nor shall any person whose license has expired use its abbreviation or title.

(F) The use of any abbreviation or title contained in this rule by persons unlicensed by this board shall be considered a violation of divisions (A) to (C) of section 4757.02 of the Revised Code.

Last updated July 2, 2024 at 10:23 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Chapter 4757-5 Code of Ethics

Ohio Adm.Code 4757-5-01 Standards of ethical practice and professional conduct.

(A) The code of ethical practice and professional conduct constitutes the standards by which the professional conduct of licensees and registrants shall be measured. Each subject area is in a separate rule within Chapter 4757-5 of the Administrative Code.

(B) The rules of standards of ethical practice and conduct shall, unless otherwise indicated, apply to the conduct of all licensees and registrants.

(C) A violation of these rules of standards of ethical practice and professional conduct constitutes unprofessional conduct and is sufficient reason for a reprimand, suspension, revocation, other disciplinary action, or for restrictions placed upon a license or for the denial of the initial license or renewal, or reinstatement of a license.

(D) The board subscribes to codes of ethics and practice standards for counselors, social workers, and marriage and family therapists promulgated by the "American Counseling Association," "National Association of Social Workers," "American Association for Marriage and Family Therapy," "American Music Therapy Association," "Ceritification Board for Music Therapists," "American Art Therapy Association," and "Art Therapy Credentials Board." These association standards shall be used as aids in resolving ambiguities which may arise in the interpretation of the rules of professional ethics and conduct, except that the board's rules of standards of ethical practice and professional conduct shall prevail whenever any conflict exists between these rules and the professional association standards.

Last updated July 2, 2024 at 10:24 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-5-02 Standards of ethical practice and professional conduct: clients/consumers of services.

(A) Responsibility to clients/consumers of services as to competency:

(1) Licensees and registrants shall be able to present reliable and substantial evidence of competency in the areas in which they practice. Licensees and registrants shall not misrepresent directly, indirectly or by implication their professional qualifications such as education, specialized training, experience, or area(s) of competence. Licensees or registrants shall not use a doctorate designation in their professional capacity unless it is related to the field of mental health and is from a recognized accredited educational institution.

(2) Licensees and registrants shall practice only within the competency areas for which they are qualified by education and training. Licensees and registrants shall maintain appropriate standards of care based on their individual professional license. Standards of care shall be defined as what an ordinary, reasonable professional with similar training would have done in a similar circumstance.

(3) While developing new skills in specialty areas, a licensee or registrant of the board shall take steps to ensure the competence of their work and to protect the clients from possible harm. A licensee or registrant shall claim skills in specialty areas only after appropriate education, training, and while receiving appropriate peer consultation.

(4) Licensees and registrants do not diagnose, treat, or advise on problems outside the recognized boundaries of their competencies and scope of practice. Licensees and registrants shall make appropriate referrals when the client's needs exceed the licensee's or registrant's competence level or scope of practice. The referrals shall be made in a timely manner.

(5) All licensees or registrants of the board, in accordance with their scope of practice and competence level, shall use techniques/procedures/modalities in diagnosing and treating mental and emotional disorders that are grounded in theory and/or have an empirical or scientific foundation, otherwise, they shall define the techniques/ procedures as "unproven" or "developing" and explain to their clients the potential risks and ethical considerations of using such techniques/ procedures and take steps to protect clients from possible harm. Individuals licensed at the level of professional counselor, social worker and marriage and family therapist shall diagnose and treat mental and emotional disorders only under proper supervision.

(B) Responsibility to clients/consumers of services as to informed consent:

(1) Licensees or registrants of the board shall inform clients/consumers of services the extent and nature of services available to them, as well as the limits, rights, opportunities and obligations associated with the services to be provided which might effect the clients/consumers of services decisions to enter into or continue the relationship.

(2) Licensees and registrants shall provide services to clients only in the context of a professional relationship based on valid informed consent. Licensees and registrants shall use clear and understandable language to inform clients of the purposes of services, limit to the services due to legal requirements, relevant costs, reasonable alternatives, the clients' rights to refuse or withdraw consent, and the timeframe covered by the consent.

(3) In instances when clients are unable to read or understand the consent document or have trouble understanding the primary language contained in the informed consent document, licensees shall take steps to ensure the client's comprehension including providing a detailed verbal explanation or arranging for a qualified interpreter or translator as needed. If a client because of age or mental condition is not competent to provide informed consent, the licensee shall obtain consent from the parent, guardian, or court appointed representative.

(4) When licensees and registrants provide services in public settings, such as, but not limited to hospital rooms, residential or institutional settings, or similar locations where confidentiality cannot be maintained, the licensee or registrant shall obtain written consent from the client or guardian, or verbal consent if written consent is not possible, prior to providing services. Verbal consent must be documented by the licensee or registrant.

(5) Licensees and registrants, as part of the on-going informed consent process, shall obtain any relevant court documents pertaining to custody, visitation, shared parenting, guardianship, or other matters, before proceeding with treatment.

(6) Best professional practice dictates that a licensee or registrant of the board shall adhere to the court documents, provided such documents do not conflict with Chapter 4757. of the Revised Code or agency 4757 of the Administrative Code. If a counselor, social worker, or marriage and family therapist does not understand the court document, they shall attempt to gain clarification before proceeding with treatment.

(7) In situations when clients are receiving services involuntarily, licensees and registrants shall provide information about the nature and extent of the services and about the client's right to refuse services and the consequences of that refusal.

(8) Licensees or registrants of the board who provide services via electronic means shall inform the clients and recipients of the limitations and risks associated with such services.

(9) Licensees and registrants should not duplicate professional services to a current or prospective client who is receiving treatment from another licensee or registrant of the board, or professional licensed by another board with a similar scope of practice. When a client discloses that they are receiving treatment from another licensed professional for the same or similar presenting issues, to minimize potential confusion in treatment and avoid duplicate billing, licensees and registrants should consider the client's needs and the nature of the presenting treatment issues prior to providing services or treatment. The licensee or registrant must discuss these issues with the prospective client. The licensee or registrant should consult with the other professional providing services to ensure coordination of care. Determining the appropriateness of potential duplication of services is required regardless of the funding source for client treatment.

(10) When a licensee or registrant provides services to two or more clients who have a relationship with each other and who are aware of each other's participation in treatment (for example couples, family members), a licensee or registrant shall clarify with all parties the nature of the licensee's professional obligations to the various clients receiving services, including limits of confidentiality. A counselor, social worker, or marriage and family therapist who anticipates a conflict of interest among the clients receiving services or anticipates having to perform in potentially conflicting roles (for example a licensee who is asked or ordered to testify in a child custody dispute or divorce proceeding involving clients) shall clarify their role with the parties involved and take appropriate action to minimize any conflict of interest.

(11) When a licensee or registrant sees clients for individual or group treatment, there may be reason for a third party to join the session for a limited purpose. The licensee shall ask the client or legal guardian to provide written authorization that describes the purpose and need for the third party to join the session and describes the circumstances and extent to which confidential information may be disclosed to the third party. The licensee or registrant shall make it clear that the third party is not a client and there is no confidentiality between the licensee and the third party. The licensee or registrant shall make it clear to the third party that the third party shall not have rights to access any part of the client's file including any session in which they participated unless the client signs a release. A licensee or registrant shall not make recommendations to courts, attorneys or other professional concerning non-clients.

(12) When a court or other judicial body orders an evaluation, assessment or other official report, the licensee shall inform the client of the parameters of the court order. The counselor, social worker, or marriage and family therapist shall not go beyond the parameters of the court order without obtaining written permission from the court or other judicial body.

(13) Licensees and registrants shall only make recommendations concerning a client to a court, attorney or other professional. Licensees and registrants shall not diagnose or make a recommendation regarding any person who is not a client.

(14) Licensees and registrants shall communicate information in ways that are both developmentally and culturally appropriate. Licensees and registrants shall use clear and understandable language when discussing issues related to informed consent. When clients have difficulty understanding the language used by the licensee or registrant, they shall provide necessary services (e.g., arranging for a qualified interpreter or translator) to ensure comprehension by clients. In collaboration with clients, licensees and registrants shall consider cultural implications of informed consent procedures and, where possible, licensees and registrants shall adjust their practices accordingly.

(C) Responsibility to clients/consumers of services as to delegation: Licensees and registrants shall delegate professional responsibilities to another person only when the licensee delegating the responsibilities knows that the task is within the person's scope of practice and the person qualifies by training, experience and/or licensure to perform them.

(D) Responsibility to clients/consumers of services as to confidentiality:

(1) Licensees and registrants shall have a primary obligation to protect the client's right to confidentiality as established by law and the professional standards of practice. Confidential information shall only be revealed to others when the clients or other persons legally authorized to give consent on behalf of the clients, have given their informed consent, except in those circumstances in which failure to do so would violate other laws or result in clear and present danger to the client or others. Unless specifically contraindicated by such situations, clients shall be informed and written consent shall be obtained before the confidential information is revealed.

(2) Licensees and registrants shall discuss with clients and the clients' legally authorized representatives, the nature of confidentiality and the limitation of clients' right to confidentiality. Licensees and registrants shall review with clients circumstances where confidential information may be requested and where disclosure of confidential information is legally required. This discussion shall occur as soon as possible in the professional relationship and as needed throughout the course of the relationship.

(3) When licensees and registrants, within their scope of practice, provide counseling services to families, couples, or groups, licensees and registrants shall seek agreement among the parties involved concerning each individual's right to confidentiality and obligations to preserve the confidentiality of information shared by others. Licensees and registrants shall inform participants in family, group, or couples counseling that the licensee cannot guarantee that all participants shall honor such agreements.

(4) Licensees and registrants shall take reasonable and appropriate steps to protect the confidentiality of information transmitted to other parties when using computers, electronic mail, facsimile machines, telephones and telephone answering machines, and other electronic or computer technology.

(5) Licensees and registrants shall explain the required limitations of confidentiality imposed by a mandating authority when working with clients who have been mandated for counseling services. Licensees shall also explain what type of information and with whom that information is shared prior to the beginning of counseling. The mandated client has the right to refuse services and the licensee shall, to the best of their ability, explain the consequences possibly imposed by the mandating authority of refusing the counseling services.

(6) Licensees and registrants should not use identifiable information, any videos or pictures of clients, or pictures, videos, or other representations of work product created during treatment in advertisements, social media, or other promotional materials without the written consent of the client or guardian. The consent should outline the terms of use, including but not limited to the media for distribution and time period of potential use, as well as the process for terminating consent. In obtaining consent, licensees and registrants must clearly communicate that consent is voluntary.

(E) Responsibility to clients/consumers of services as to termination:

(1) Licensees and registrants shall terminate services only after giving careful consideration to factors affecting the relationship and making effort to minimize possible adverse effects. If an interruption or termination of services is anticipated, reasonable notification and appropriate referral for continued services shall be provided to the client/consumer of services.

(2) Licensees and registrants employed by or contracted with an agency or practice, when leaving the agency or practice, shall offer referrals to the client. The referral shall include multiple options for the client to choose from, and the agency where the client is currently being seen shall be included as an option, the licensee's new practice location or agency may be one of the multiple options. A licensee or registrant shall not offer their new practice or agency location as the sole referral for services upon termination. Licensees and registrants are prohibited from soliciting former clients of the agency or practice.

(3) In the event that a licensee or registrant is terminated for cause from a position as a volunteer or paid licensee, it is not the responsibility of the licensee or registrant to provide continuation of services or appropriate referrals. Licensees and registrants who are terminated for cause shall not contact their ex-clients.

(F) Responsibility to clients/consumers of services as to sexual harassment: Licensees and registrants shall not sexually harass clients/consumers of services family members of clients, ex-clients or other persons encountered in professional settings. Licensees shall not sexually harass supervisees, students, or colleagues. Sexual harassment includes sexual advances, sexual solicitation, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature. A client of the agency is considered a client of each licensee and registrant employed or contracted by the agency for purposes of ethics under the sexual harassment section of this chapter. The duty of the licensee or registrant is based on that particular clinician's knowledge of a client's identity prior to starting a relationship.

(G) Responsibility to clients/consumers of services as to discrimination:

(1) Licensees and registrants shall not practice, condone, facilitate or collaborate with any form of discrimination on the basis of age, sex, gender identity and expression, sexual orientation, race, ethnicity, national origin, immigration status, disability, religion, language, culture, veteran status, marital status, political belief, housing status, and socioeconomic status.

(2) Licensees and registrants should obtain education about and seek to understand the nature of diversity with respect to age, sex, gender identity and expression, sexual orientation, race, ethnicity, national origin, immigration status, disability, religion, language, culture, veteran status, marital status, political belief, housing status, and socioeconomic status.

(H) Responsibility to clients/consumers of services as to conduct with clients and other individuals:

Licensees and registrants shall not physically, verbally, or in writing abuse or threaten clients, family members of clients, ex-clients or other persons encountered in professional settings. Licensees and registrants shall be aware that any physical touching between the professional and the client is subject to review for appropriate professional boundaries. Any physical touching must occur with the consent of the client and be within practice standards at the time services are rendered. The licensee shall have the burden of proof to explain why physical touching was professionally necessary.

(I) Licensed independent social workers, professional clinical counselors, and independent marriage and family therapists shall provide appropriate supervision to dependent licensees, registrants, or certificate holders whom they are assigned to supervise. This shall include ensuring all supervision documentation is provided to the appropriate board in a timely fashion and meeting with the supervisee on a regular basis to discuss the specific issues in the dependent supervisee's practice. Supervisors shall be accurate and timely with all supervision reporting. Supervisors shall not sign as the training supervisor, if they did not provide direct supervision. Licensed independent social workers, professional clinical counselors, and independent marriage and family therapists who enter into an agreement to provide clinical or training supervision to a licensee, registrant, or certificate holder may be subject to discipline if the licensee fails to fulfill the terms of the agreement.

(J) Licensees may not accept art materials from clients. Any materials used during sessions that are provided by the client must be returned to the client at the conclusion of treatment. Materials abandoned by the client may be retained and used if the licensee has documented multiple attempts to return the materials.

(K) Art or music produced by a client shall be the property of the client or clients in the case of group therapy, regardless of the contribution to or role of the licensee or registrant in the production of the art or music product.

(L) Art therapists must provide a safe and functional environment in which to offer art therapy services. This includes, but is not limited to proper ventilation, adequate lighting, and access to water supply for hand washing and material clean up.

(M) Art therapists must be aware of the hazards or toxicity of art materials and use only those materials or techniques that can be used safely in the environment in which services are being provided, and to whom the services are provided.

Last updated August 18, 2025 at 7:14 AM

History

Effective: August 18, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4757-5-03 Standards of ethical practice and professional conduct: multiple relationships.

(A) Counselors, social workers, or marriage and family therapists shall avoid multiple relationships and conflicts of interest with any client/consumer-of-services, ex-clients, family members of clients or ex-clients, or other persons encountered in professional or non-professional setting.

(1) When a multiple relationship is first recognized and cannot be avoided, licensees and registrants shall take the following appropriate professional precautions:

(a) All potential multiple relationship and/or conflicts of interest shall be discussed with the client as soon as possible after being first recognized and shall continue only with both parties agreement;

(b) All multiple relationships and/or conflicts of interest shall be noted in the client record with reasoning as to why it is in the best interest of the client and/or not harmful;

(d) Issues such as informed consent, consultation, and supervision shall be considered to ensure that judgment is not impaired and that no exploitation occurs.

(2) A client of the agency is considered a client of each licensee or registrant employed or contracted by the agency for purposes of ethics under the multiple relationships rule of this chapter.

(3) The licensed professional shall not undertake or continue a professional relationship with a client/consumer-of-services when the objectivity or competency of the licensee or registrant is, or could reasonably be expected to be, impaired or where the relationship with the client/consumer-of-services is exploitative.

(4) Examples of multiple relationships that shall be avoided include but are not limited to those listed in this paragraph.

(a) Familial relationships;

(b) Social relationships;

(d) Business and financial relationships;

(e) Supervisory relationships;

(f) Political relationships;

(g) Administrative relationships;

(h) Legal relationships; and/or

(i) Social media/personal virtual relationships, including online communities.

(5) The list of relationships in paragraph (A)(4) of this rule as well as others require careful consideration to ensure that impaired judgment or exploitation is not involved and that the best interest of the client is served at all times.

(6) Licensees and registrants should decline gifts. Gifts from a client may be considered as establishing a multiple relationship. Examples of gifts may include but are not limited to food, material goods, gift certificate/gift card, artwork or products resulting from treatment. A licensee may accept a gift of nominal value if the licensee determines that for treatment reasons not accepting the gift will result in diminishing the licensee's ability to provide appropriate client care. In accepting a gift of nominal value, the licensee must discuss with the client the ethical limitations of accepting gifts. The licensee shall have the burden of proof to explain why a gifted was accepted.

(B) Licensees and registrants shall not use their license or registration to engage in actions which may result in undue influence over clients and non-clients, including the improper use of authority, to obtain goods, services, compensation, or other benefits, or create conflicts of interest or exploitation, for personal gain. A licensee or registrant shall not pressure or persuade individuals to make decisions or take actions not in their best interests. The standard for evaluating improper use of a license or registration shall be that of a reasonable professional with comparable education and training under similar circumstances.

(C) Licensees and registrants should adhere to paragraph (B)(6) of rule 4757-5-13 of the Administrative Code regarding internet searches for information about current or prospective clients.

(D) When licensees and registrants provide services to two or more people who have a relationship with each other (for example couples, family members), licensees and registrants shall clarify with all parties which individuals shall be considered clients and the nature of the licensee's professional obligations to the various individuals who are receiving services. Licensees and registrants, who anticipate a conflict of interest among the individuals receiving services or who anticipate having to perform in potentially conflicting roles (for example, a licensee who is asked or ordered to testify in a child custody dispute or divorce proceeding involving clients), shall clarify their role with the parties involved and take appropriate action to minimize any conflict of interest. If a licensee is asked to testify in a child custody case, they should review rule 4757-6-01 of the Administrative Code prior to any court appearance for guidance as to their role in these circumstances.

Last updated August 18, 2025 at 7:14 AM

History

Effective: August 18, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4757-5-04 Standards of ethical practice and professional conduct: sexual relationships.

(A) Licensees and registrants of the counselor, social worker, and marriage and family therapist board shall not engage in sexual relations with current clients, whether such contact is consensual or forced. A client of the agency is considered a client of each licensee or registrant employed or contracted at the agency for purposes of ethics under the sexual relationships section of this chapter. The duty of the licensee is based on that particular licensee's knowledge of a client's identity prior to starting a relationship.

(B) Licensees and registrants shall not have sexual relations with clients and shall not counsel persons with whom they have had a sexual relationship.

(C) Licensees and registrants shall not engage in sexual relations with former clients within a minimum of five years after terminating the therapeutic relationship. Licensees and registrants who choose to engage in such a relationship after a minimum of five years following termination have the responsibility to thoroughly examine and document in the clients record that such a relationship does not have an exploitative nature, based upon factors such as duration of therapy, amount of time since therapy, termination circumstances, client's personal history and mental status, adverse impact on the client, power differentials, and actions by the professional suggesting a plan with the client after termination.

(D) A client of the agency is considered a client of each licensees or registrants employed or contracted by the agency for purposes of ethics under the sexual harassment, multiple relationships and sexual relationships sections of this rule. Licensees and registrants shall not engage in sexual activities or sexual contact with clients' relatives or other individuals with whom clients maintain a close personal relationship when there is a risk of exploitation or potential harm to the client. Sexual activity or sexual contact with clients' relatives or other individuals with whom the client maintains a personal relationship has the potential to be harmful to the client and may make it difficult for the licensee or registrant to maintain appropriate professional boundaries. Licensees and registrants, not their clients, their clients' relatives, or other individuals with whom the client maintains a personal relationship assume the full burden for setting clear, appropriate, and culturally sensitive boundaries. The duty of the licensee is based on that particular licensee's knowledge of a client's identity prior to starting a relationship.

Last updated July 2, 2024 at 10:27 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-5-05 Standards of ethical practice and professional conduct: impaired practice.

In impaired practice situations: licensees and registrants shall not undertake or continue professional relationships with a client, supervisee, or student when the objectivity or competency of the licensee or registrant is or could reasonably be expected to be, impaired due to mental, emotional, physiological, pharmacological, or substance abuse conditions. If such a condition develops after a professional relationship has been initiated, the licensee or registrant shall terminate the professional relationship in an appropriate manner, shall notify the client of termination in writing, and shall assist the client in obtaining services from another professional.

Last updated July 2, 2024 at 10:29 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-5-06 Standards of ethical practice and professional conduct: assessment and testing instruments.

(A) General use of assessment and testing instruments:

(1) Appraisal techniques: The primary purpose of educational and psychological assessment is to provide measures that are objective and interpretable in either comparative or absolute terms. licensees and registrants shall interpret the statements in this rule as applying to the whole range of appraisal techniques, including test and non-test data.

(2) Client welfare: Licensees and registrants shall promote the welfare and best interests of the client in the development, publication, and utilization of educational and psychological assessment results and interpretations and take reasonable steps to prevent others from misusing the information these techniques provide. They shall respect the client's rights to know the results, of the interpretations made, and the bases for their conclusions and recommendations.

(B) Competence to use and interpret assessment and testing instruments:

(1) Limits of competence: Licensees and registrants shall recognize the limits of their competence and perform only those testing and assessment services for which they have training. They shall be familiar with reliability, validity, related standardization, error of measurement, and proper application of any technique utilized. licensees and registrants using computer-based test interpretations shall be trained in the construct being measured and the specific instrument being used prior to using this type of computer application. licensees and registrants shall take reasonable measures to ensure the proper use of psychological assessment techniques by persons under their supervision.

(2) Appropriate use: Licensees and registrants are responsible for the appropriate selection, application, scoring, interpretation, and use of assessment instruments, whether they score and interpret such tests themselves or use computerized or other services.

(3) Decisions based on results: Licensees and registrants responsible for decisions involving individuals or policies that are based on assessment results shall have a thorough understanding of educational and psychological measurement, including validation criteria, test research, and guidelines for test development and use.

(4) Accurate information: Licensees and registrants shall provide accurate information and shall not make false claims when making statements about assessment instruments or techniques. licensees and registrants shall seek to identify and correct client misconceptions about assessment instruments or techniques and about the meaning of scores, charts, or graphs given to them as assessment product. Special efforts shall be made to avoid unwarranted connotations of such terms as "IQ" and grade equivalent scores.

(1) Explanation to clients: Prior to assessment, licensees and registrants shall explain the nature and purposes of assessment and the specific use of results in language the client (or other legally authorized person on behalf of the client) can understand, unless an explicit exception to this right has been agreed upon in advance. Regardless of whether scoring and interpretation are completed by counselors, social workers, marriage and family therapists, by assistants, or by computer or other outside services, licensees and registrants shall take reasonable steps to ensure that appropriate explanations are given to the client.

(2) Recipients of results: The examinee's welfare, explicit understanding, and prior agreement shall determine the recipients of test results. Licensees and registrants shall include accurate and appropriate interpretations with any release of individual or group test results.

(D) Release of information to competent professionals of assessment and testing instrument results:

(1) Misuse of results: Licensees and registrants shall not misuse assessment results, including test results, and interpretations, and take reasonable steps to prevent the misuse of such by others.

(2) Release of raw data: Licensees and registrants shall ordinarily release data (e.g. protocols, counseling or interview notes, or questionnaires) in which the client is identified only with the consent of the client or the client's legal representative. Such data shall usually be released only to persons recognized by licensees and registrants as competent to interpret the data.

(E) Proper diagnosis of mental disorders with the use of assessment and testing instruments:

(1) Proper diagnosis: Licensees and registrants, shall take special care to provide accurate diagnosis of mental disorders. Assessment techniques (including personal interview) used to determine client care (e.g., locus of treatment, type of treatment or recommended follow-up) shall be carefully selected and appropriately used.

(2) Cultural sensitivity: Licensees and registrants, shall recognize that culture affects the manner in which client's problems are defined. Clients' socioeconomic and cultural experience shall be considered when diagnosing mental disorders.

(F) Test selection in the use and interpretation of assessment and testing instruments:

(1) Appropriateness of instruments: Licensees and registrants shall carefully consider the validity, reliability, psychometric limitations and appropriateness of instruments when selecting tests for use in a given situation or with a particular client.

(2) Culturally diverse populations: Licensees and registrants recognize that the psychometric characteristics of a test (e.g., reliability, validity) are a function of the cultural composition of the population in which they were evaluated, validated, or normed. Licensees shall exercise due diligence in selecting tests to be used within a culturally diverse population in order to minimize the risk of inappropriate interpretation of test scores.

(G) Conditions of test administration when using assessment and testing instruments:

(1) Administration conditions: Licensees and registrants shall administer tests under the same conditions that were established in their standardization. When tests are not administered under standard conditions or when unusual behavior or irregularities occur during the testing session, those conditions shall be noted in interpretation, and the results may be designated as invalid or of questionable validity.

(2) Computer administration: Licensees and registrants shall be responsible for ensuring that assessment administration programs function properly to provide clients with accurate results when a computer or other electronic methods are used for test administration.

(3) Unsupervised test-taking: Licensees and registrants shall not permit unsupervised or inadequately supervised use of tests or assessments unless the tests or assessments are designed, intended, and validated for self administration and/or scoring.

(4) Disclosure of favorable conditions: Prior to test administration, conditions that produce most favorable test results shall be made known to the examinee.

(H) Diversity when using assessment and testing instruments: Licensees and registrants shall be cautious in using assessment techniques, making evaluations, and interpreting the performance of populations not represented in the norm group on which an instrument was standardized. They shall recognize the effects of age, culture, disability, ethnic group, gender, race, religion, sexual orientation and socioeconomic status on test administration and interpretation and place test results in proper perspective with these and other relevant factors.

(I) Test scoring and interpretation when using assessment and testing instruments:

(1) Reporting reservations: In reporting assessment results, Licensees and registrants, shall indicate any reservations that exist regarding validity or reliability because of the circumstances of the assessment or the inappropriateness of the norms for the person tested.

(2) Research instruments: Licensees and registrants shall exercise caution when interpreting the results of research instruments possessing insufficient technical data to support respondent results. The specific purposes for the use of such instruments shall be stated explicitly to the examinee.

(3) Testing services: Licensees and registrants who provide test scoring and test interpretation services to support the assessment process shall confirm the validity of such interpretations. They shall accurately describe the purpose, norms, validity, reliability, and applications of the procedures and any special qualifications applicable to their use. The public offering of an automated test interpretations service is considered a professional-to-professional consultation. The formal responsibility of the consultant is to the consultee, but the ultimate and overriding responsibility of the counselor, marriage and family therapist, or social worker is to the client.

(J) Test security when using assessment and testing instruments: Licensees and registrants shall maintain the integrity and security of tests and other assessment techniques consistent with legal and contractual obligations. licensees and registrants shall not appropriate, reproduce, or modify published tests or parts thereof without acknowledgment and permission from the publisher.

(K) Obsolete tests and outdated test results when using assessment and testing instruments: Licensees and registrants shall not use data or test results that are obsolete or outdated for the current purpose. licensees and registrants shall make every effort to prevent the misuse of obsolete measures and test data by others.

(L) Test construction for assessment and testing instruments: Licensees and registrants shall use established scientific procedures, relevant standards, and current professional knowledge for test design in the development, publication, and utilization of educational and psychological assessment techniques.

Last updated July 2, 2024 at 10:30 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-5-07 Standards of ethical practice and professional conduct: research and publication.

(A) Responsibilities in conducting research:

(1) Use of human subjects: Licensees and registrants shall plan, design, conduct, and report research in a manner consistent with pertinent ethical principles, federal and state laws, host institutional regulations, and scientific standards governing research with human subjects. Licensees and registrants shall design and conduct research that reflects cultural sensitivity appropriateness.

(2) Deviation from standard practices: Licensees and registrants shall seek consultation and observe stringent safeguards to protect the rights of research participants when a research problem suggests a deviation from standard acceptable practices.

(3) Precautions to avoid injury: Licensees and registrants who conduct research with human subjects are responsible for the subjects' welfare throughout the experiment and shall take reasonable precautions to avoid causing injurious psychological, physical, or social effects to their subjects. Licensees and registrants shall warn clients of any possible harm that might come from being involved in a research project.

(4) Principal researcher responsibility: The ultimate responsibility for ethical research practice lies with the principal researcher. All others involved in the research activities share ethical obligations and full responsibility for their own actions.

(5) Minimal interference: Licensees and registrants shall take reasonable precautions to avoid causing disruptions in subjects' lives due to participation in research.

(6) Diversity: Licensees and registrants shall be sensitive to diversity and research issues.

(B) Informed consent in conducting research and publishing:

(1) Topics disclosed: In obtaining informed consent for research, licensees and registrants shall use language that is understandable to research participants and that:

(a) Accurately explain the purpose and procedures to be followed;

(b) Identify any procedures that are experimental or relatively untried;

(d) Describe the benefits or changes in individuals or organizations that might be reasonably expected;

(e) Disclose appropriate alternative procedures that would be advantageous for subject:

(f) Offer to answer any inquiries concerning the procedures;

(g) Ascribe any limitations on confidentiality, and;

(h) Instruct that subjects are free to withdraw their consent and discontinue participation in the project at any time.

(2) Deception: Licensees and registrants shall not conduct research involving deception unless alternative procedures are not feasible and the prospective value of the research justifies the deception. When the methodological requirements of a study necessitate concealment or deception, the investigator shall explain clearly the reasons for this action as soon as possible.

(3) Voluntary participation: Licensees and registrants shall ensure that participation in research is voluntary and without any penalty for refusal to participate. Involuntary participation shall be appropriate only when investigators can demonstrate that participation shall have no harmful effects on subjects and is essential to the investigation.

(4) Confidentiality of information: Licensees and registrants shall be responsible for ensuring information obtained about research participants during the course of an investigation is confidential. When the possibility exists that others may obtain access to such information, ethical research practice requires that the possibility, together with the plans for protecting confidentiality, shall be explained to participants as a part of the procedure for obtaining informed consent.

(5) Persons incapable of giving informed consent: When a person is not capable of giving informed consent, counselors, social workers and marriage and family therapists shall provide an appropriate explanation, obtain agreement for participation and obtain appropriate consent from a legally authorized person.

(6) Commitments to participants: Licensees and registrants shall take reasonable measures to honor all commitments to research participants.

(7) Explanations after data collections: After data is collected, licensees and registrants shall provide participants with full clarifications of the nature of the study to remove any misconceptions. Where scientific or human values justify delaying or withholding information, counselors, social workers and marriage and family therapists shall take reasonable measures to avoid causing harm.

(8) Agreements to cooperate: Licensees and registrants who agree to cooperate with another individual in research or publication incur an obligation to cooperate as promised in terms of punctuality of performance and with regard to the completeness and accuracy of the information required.

(9) Informed consent for sponsors: In the pursuit of research, licensees and registrants shall give sponsors, institutions, and publication channels the same respect and opportunity for giving informed consent that they accord to individual research participants. Licensees and registrants shall be aware of their obligation to future research workers and ensure that host institutions are given feedback information and proper acknowledgment.

(1) Information affecting outcome: When reporting research results, licensees and registrants shall explicitly mention all variables and conditions known to the investigator that may have affected the outcome of a study or the interpretation of this data.

(2) Accurate results: Licensees and registrants shall plan, conduct and report research accurately and in a manner that minimizes the possibility that results will be misleading. They shall provide thorough discussions of the limitations of their data and alternative hypotheses. Licensees and registrants shall not engage in fraudulent research, distort data, misrepresent data, or deliberately bias their results.

(3) Obligation to report unfavorable results: Licensees and registrants shall communicate to other licensees and registrants the results of any research judged to be of professional value. Results that reflect unfavorably on institutions, programs, services, prevailing opinions, or vested interests shall not be withheld.

(4) Identity of subjects: Licensees and registrants who supply data, aid in the research of another person, report research results, or make original data available shall take due care to disguise the identity of respective subjects in the absence of specific authorization from the subjects to do otherwise.

(5) Replication studies: Licensees and registrants shall make available sufficient original research data to qualified professionals who may wish to replicate the study.

(D) Publication of research results:

(1) Recognition of others: When conducting and reporting research, licensees and registrants shall be familiar with, and give recognition to, previous work on the topic, observe copyright laws, and give full credit to those to whom credit is due.

(2) Contributors: Licensees and registrants shall give credit through joint authorship, acknowledgment, footnote statements, or other appropriate means to those who have contributed significantly to research or concept development in accordance with such contributions. The principal contributor shall be listed first and minor technical or professional contributions shall be acknowledged in notes or introductory statements.

(3) Student research: For an article that is substantially based on a student's dissertation or thesis, the student shall be listed as the principal author.

(4) Duplicate submission: Licensees and registrants shall submit manuscripts for consideration to only one journal at a time. Manuscripts that are published in whole or in substantial part in another journal or published work shall not be submitted for publication without acknowledgment and permission from the previous publication.

(5) Professional review: Licensees and registrants who review material submitted for publication, research, or other scholarly purposes shall respect the confidentiality and proprietary rights of those who submitted it.

Last updated July 2, 2024 at 10:30 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-5-08 Standards of ethical practice and professional conduct: payment for services.

(A) Payment for services: When setting fees, licensees and registrants shall ensure that the fees are fair, reasonable, and commensurate with the services performed.

(B) Licensees and registrants shall not accept goods or services as payment for professional services. Bartering is prohibited.

(C) Licensees and registrants shall not solicit a private fee or other remuneration for providing services to clients who are entitled to such available services through the license's or registrant's employer or agency.

Last updated July 2, 2024 at 10:31 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-5-09 Standards of ethical practice and professional conduct: record keeping.

(A) Record keeping requirements: For each client/consumer of services, a licensee or registrant shall keep records and case notes of the dates of counseling, social work, marriage and family therapy, art therapy, and music therapy services; types of counseling, social work, marriage and family therapy, art therapy, or music therapy services; and billing information. Records held by the licensee shall be kept for seven years. Records held or owned by government agencies or educational institutions are not subject to this requirement. Licensees shall keep all records in a secure location and shall allow only authorized persons access to records.

(B) Licensees and registrants shall take reasonable steps to ensure that documentation in records is accurate and reflects the services provided. Dates reflected in case notes shall be accurate with respect to dates of service and dates the case notes were recorded. Clinical records shall include but not be limited to appropriate diagnosis, if any; treatment plan, revisions to the treatment plan, correspondence, individual service plans, in-take assessments, informed consent documents, and releases of information documents. All notes, assessments, diagnoses, treatment plans, and correspondence regarding or for a client(s) must be developed and approved by the licensee or registrant and shall not be the sole work product of any other person or software/information technology system.

(C) Licensees and registrants shall include sufficient and timely documentation in records to facilitate the delivery of services and to ensure continuity of services provided to clients in the future.

(D) Licensee or registrant documentation shall protect clients' privacy to the extent that it is possible and appropriate and shall include only information that is directly relevant to the delivery of services.

(E) Licensees and registrants shall store records following termination of services to ensure reasonable future access. Records should be maintained as required by this rule unless a longer retention period is required by statute or relevant contracts.

(F) If storing clinically relevant original artwork is not possible owing to storage space limitations or the type of art work, a photographic representation should be maintained.

(G) Upon termination of services, art produced by a client that is not retained by the client may be disposed of by the licensee if the licensee documents reasonable attempts to contact the client regarding taking possession of the art work and if the licensee has retained a record of any clinically relevant art work as described in paragraph (F) of this rule.

(H) Art therapists and music therapists shall take into consideration the benefits and potential negative impact of photographing, videotaping, using other means to duplicate, and/or display or broadcast client artwork with the client's best interest in mind. Art therapists and music therapists shall provide to the client and/or parent or legal guardian clear warnings about the therapist's inability to protect against the use, misuse, and republication of the art or music product and/or session by others once it is displayed or posted.

(I) Licensees and registrants shall obtain written informed consent from a client, or when applicable, a parent or legal guardian, before photographing the client's art expressions, making video or audio recordings, otherwise duplicating, or permitting third-party observation of art or music therapy sessions.

(J) Art therapists shall not make or permit any public use or reproduction of a client's art therapy sessions, including verbalization and art expression, without express written consent of the client or the client's parent or legal guardian.

(K) Requirements regarding client access to records are established in section 3701.74 of the Revised Code. Licensees and registrants shall provide clients with reasonable access to records concerning the client. Licensees and registrants who are concerned that a client's access to their records could cause serious misunderstanding or harm to the client shall provide assistance in interpreting the records and consultation with the client regarding the records. If a licensee or registrant who has treated the client determines for clearly stated treatment reasons that disclosure of the requested record is likely to have an adverse effect on the client, the licensee shall provide the record to a physician, psychologist, licensed professional clinical counselor, licensed professional counselor, independent social worker, social worker, independent marriage and family therapist, marriage and family therapist, or chiropractor designated by the client. The licensee shall take reasonable steps to establish the identity of the person making the request to examine or obtain a copy of the client's record.

(L) A licensee or registrant shall not condone, partake, or assist in billing irregularities with respect to insurance companies or direct billing.

(M) Licensees and registrants shall be aware of and adhere to divisions (H)(1) and (H)(2) of section 3109.051 of the Revised Code. That section in part states: "a parent of a child who is not the residential parent of the child is entitled to access, under the same terms and conditions under which access is provided to the residential parent, to any record that is related to the child and to which the residential parent of the child legally is provided access...unless the court determines that it would not be in the best interest of the child for the parent who is not the residential parent to have access to the records under those same terms and conditions...any keeper of a record who knowingly fails to comply with the order or division (H) of this section is in contempt of court." A complete reading and understanding of this section is mandatory for any counselor, social worker or marriage and family therapist providing services for children.

(N) When licensees and registrants leave a practice, they shall follow a prepared plan for transfer of clients and files. Licensees and registrants, with the exception of registered social work assistants and registered trainees, shall prepare and disseminate to an identified colleague or "records custodian" a plan for the transfer of clients and files in the case of their incapacitation, death, or termination of practice. Licensees at agencies that close can reference division (A)(14) of section 5122.31 of the Revised Code for proper transfer of records.

Last updated August 18, 2025 at 7:15 AM

History

Effective: August 18, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4757-5-10 Standards of ethical practice and professional conduct: reporting unethical actions.

(A) Mandatory reporting: All licensees, registrants, supervisors and trainees have a responsibility to report any alleged violations of this act or rules adopted under it to the counselor, social worker, and marriage and family therapist board. Also, if a licensee or registrant has knowledge or reason to suspect that a licensed colleague or registrant, or other licensee or registrant, who is not a client, is acting in an unethical way or is incompetent or impaired they shall report that practitioner to the board. All mandatory reporting shall be in writing and bear the name and license number or registration of the reporter. When client confidentiality limits the licensee's ability to provide details the licensee is still mandated to report the allegations against another licensee without breaching client confidentiality.

(B) Licensees and registrants are required to report to the board at the time of conviction any felony or any other judicial action in lieu of a conviction of a felony.

(C) Licensees and registrants are required to comply with all mandatory reporting requirements set forth in the Revised Code to include, but not limited to:

(1) Section 2305.51 of the Revised Code - immunity of mental health professional for reporting violent behavior by a client or patient;

(2) Section 2151.421 of the Revised Code - duty to report child abuse or neglect;

(3) Section 5101.61 of the Revised Code - duty to report abuse, neglect or exploitation of an adult;

(4) Section 2317.02 of the Revised Code - privileged communications;

(5) Section 5123.61 of the Revised Code - mandatory duty to report any abuse, neglect, other major unusual incident (MUI) for a child or adult with an intellectual disability or other developmental disability; and

(6) Section 959.07 of the Revised Code - animal abuse reporting requirements.

(D) Licensees who hold a board certification which is used to qualify as a licensed professional art therapist or licensed professional music therapist shall report to the board any ethics complaints filed with, or disciplinary actions taken by, the art therapy certification board or its successor organization or the certification board for music therapists or its successor organization.

Last updated August 18, 2025 at 7:15 AM

History

Effective: August 18, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4757-5-11 Standards of ethical practice and professional conduct: change of name and/or address.

(A) All licensees or registrants are required within forty-five days to notify the board of any changes of name or mailing address. Failure to do so may result in disciplinary action by the board.

(B) All applicants, licensees, or registrants must provide to the board, and maintain, an electronic mail (e-mail) address for the purposes of licensure system access.

Last updated July 2, 2024 at 10:32 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-5-13 Standards of practice and professional conduct: teletherapy.

(A) Teletherapy means the use of real-time audio or audiovisual communications that permit accurate and meaningful interaction between at least two persons, one of whom is a licensee or registrant ("licensee") as defined in Chapter 4757. of the Revised Code. For the purposes of this rule, modalities, including but not limited to phone, video, text, email, instant messaging/chat, are considered teletherapy.

(1) All licensees and registrants providing services via teletherapy to persons physically present in Ohio shall be licensed in Ohio.

(2) All licensees and registrants of this board providing services to client(s)s outside the state of Ohio shall comply with the laws and rules of the jurisdiction where the client is located at the time services are rendered.

(B) Licensees and registrants shall consider their education, training, and experience before providing teletherapy services and provide only services for which they are competent. Licensees shall assume responsibility to continually assess both their professional and technical competence when providing teletherapy.

(C) No initial in person or face to face audiovisual visit is necessary to initiate services using teletherapy modalities.

(D) Licensees and registrants shall screen client(s) for appropriateness to receive services via teletherapy throughout the course of treatment, which includes considering their current mental and emotional status, conducive treatment modalities, and ongoing effectiveness of the service. The licensee shall screen the client(s)'s technological capabilities as part of the intake process and document any assistance provided to facilitate access. Licensee shall regularly review whether use of teletherapy is meeting the clinical needs of the client(s).

(E) A licensee or registrant is under no obligation to provide services via teletherapy if their clinical judgement indicates teletherapy is not an appropriate modality for delivering services to the client(s).

(F) No licensee or registrant shall engage in teletherapy while operating a motor vehicle or similar equipment, nor shall any licensee engage in activities during teletherapy that do not allow the licensee to focus on the client(s) or prepare to document session. The licensee should terminate a session if it is determined while in a session the client is engaged in activities that could endanger themselves or others.

(G) A licensee or registrant shall not provide teletherapy when either the client or licensee is in a setting where the confidentiality of the session could reasonably be expected to be compromised.

(H) Licensees and registrants shall be aware of cultural and developmental differences and how they can affect non-verbal cues. Licensees shall also be aware of audio, visual, and cognitive impairment and the impact of these on the use of teletherapy services. Teletherapy methods should be appropriate to the client and their environment.

(I) Licensees and registrants must maintain records in accordance with rule 4757-5-09 of the Administrative Code. Such records must clearly indicate when services are provided through teletherapy.

(J) Licensees and registrants shall document all therapeutically relevant communication with client(s)s, to include emails, texts, instant messages, and chat history.

(K) The licensee or registrant should ensure that practice or agency staff who are assisting a client(s) with teletherapy services or providing teletherapy services are adequately trained in the usage of relevant software or equipment.

(L) Licensees are not responsible for client(s) misuse of teletherapy devices during the provision of services.

(M) During the initial session, licensees and registrants must establish informed consent in accordance with paragraph (B) of rule 4757-5-02 of the Administrative Code. Informed consent shall include information defining teletherapy delivery as practiced by the licensee, as well as potential risks, security issues, and confidentiality issue when receiving teletherapy. In the case of a minor client, the licensee must address any potential issues specifically associated with treating minors.

(1) Client(s) shall be given sufficient opportunity to ask questions and receive answers about teletherapy. These discussions should be documented in the client(s) record.

(2) Informed consent should include a discussion of how teletherapy may affect billing and access to insurance benefits.

(3) Licensees and registrants shall document permission prior to recording any part of the teletherapy session. If licensees are storing audiovisual records from sessions, these cannot be released to client(s) unless authorization from the client(s) is obtained specifically stating the records are to be released.

(4) Licensees and registrants shall not provide services without client(s) informed consent which can be documented through verbal acknowledgement, online signature, or by signing a hard copy form. Licensees must make available to the client a copy of the consent documents regardless of the form of consent by the client.

(5) Licensees and registrants shall make available to clients links to websites for all certification bodies and licensure boards to facilitate consumer protection. Licensees shall provide a link to the board online license verification site on their web page.

(6) Licensees and registrants shall obtain client(s) consent when conducting web searches to gather information about the client(s), except when searches are of public criminal records/public safety databases prior to an initial session with a client or when such searches may provide information to help protect the licensee, client(s) or other parties who may be at risk.

(7) The licensee or registrants shall provide the client(s) information on how to access assistance in a crisis and outside of established business hours.

(N) Licensees and registrants shall have a contingency plan for providing services to client(s) when technical problems occur during a teletherapy session, or when technical problems prevent a session from occurring. This plan may include information on other qualified therapists who can provide services if needed.

(O) Licensees and registrants shall confirm the client(s) location at the time services are rendered.

(P) Licensees and registrants shall comply with all requirements under state and federal law regarding the protection of client confidentiality while providing services. Each provider shall ensure that any username or password information and any electronic communications between the provider, client, or third parties are securely transmitted and stored.

Last updated July 2, 2024 at 10:32 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Chapter 4757-6 Ethical Practice

Ohio Adm.Code 4757-6-01 Reports prepared for court review including custody, visitation and guardianship concerns.

(A) The role of the counselor, social worker, or marriage and family therapist is that of a professional expert who strives to maintain an objective, impartial stance. A counselor, social worker or marriage and family therapist does not act as a judge who makes the ultimate decision applying the law to all relevant evidence. Neither does a counselor, social worker or marriage and family therapist act as an advocating attorney who strives to present his or her client's best possible case. A counselor, social worker, or marriage and family therapist in a balanced, impartial manner informs and advises the court and the respective parties of the relevant mental health factors pertaining to the issue. A counselor, social worker, or marriage and family therapist should be impartial regardless of whether he or she is retained by the court or by a party to the proceedings. If either the counselor, social worker, marriage and family therapist, or the client cannot accept this neutral role, the counselor, social worker, or marriage and family therapist shall withdraw from the case. If not permitted to withdraw, the counselor, social worker, or marriage and family therapist acknowledges past roles and other factors that could affect impartiality.

(B) A counselor, social worker, or marriage and family therapist contemplating performing court reports, including child custody reports, is aware that special competencies and knowledge are required for the undertaking of such evaluations. Competence in performing psychological assessments of children, adults and families is necessary but not sufficient. Education, training, experience and/or supervision in the areas to be evaluated are essential in preparing a report.

(C) A counselor, social worker, or marriage and family therapist uses current knowledge of scientific and professional developments consistent with accepted clinical and scientific standards in selecting data collection methods and procedures.

(D) In the course of preparing a report, allegations of other issues may occur that are not necessarily within the scope of a particular evaluator's expertise. If this is so, the counselor, social worker, or marriage and family therapist seeks additional consultation, supervision, and/or specialized knowledge or training to address these issues.

(E) A counselor, social worker, or marriage and family therapist engaging in preparing reports that will likely be used in court is aware of how biases regarding age, sex, gender identity and expression, sexual orientation, race, ethnicity, national origin, immigration status, disability, religion, language, culture, veteran status, marital status, political belief, housing status, and socioeconomic status may interfere with an objective evaluation and recommendations. A counselor, social worker, or marriage and family therapist recognizes and strives to overcome any such biases or withdraws from the evaluation.

(F) A counselor, social worker, or marriage and family therapist shall not conduct a court evaluation in a case in which that counselor, social worker, or marriage and family therapist served in a therapeutic role for the client or his or her immediate family or has had other involvement that may compromise the counselor, social worker, or marriage and family therapist's objectivity. This should not preclude a counselor, social worker, or marriage and family therapist from testifying in the case as a fact witness concerning treatment. In addition, during the course of a court evaluation, a counselor, social worker, or marriage and family therapist shall not accept any of the involved participants in the evaluation as a therapy client. Therapeutic contact with the participants following the court evaluation is undertaken with caution. A counselor, social worker, or marriage and family therapist asked to testify in court is aware of the limitations and possible biases inherent in such a role and the possible impact on the ongoing therapeutic relationship. Although the court may require the counselor, social worker, or marriage and family therapist to testify as a fact witness regarding factual information he or she became aware of in a professional relationship with a client, that counselor, social worker, or marriage and family therapist shall decline the role of expert witness who gives a professional opinion regarding the custody, visitation and/or guardianship issues.

(1) Licensees with a client involved in a custody, visitation and/or guardianship case, if asked by a client and/or their lawyer or the guardian ad litem to make a recommendation as to custody, visitation and/or guardianship, shall cite their role as the primary therapist for their client. This section does not apply to a licensee hired to make a custody, visitation and/or guardianship recommendation for the court. Licensees shall inform the requestor that they have not performed a custody, visitation and/or guardianship evaluation and it would be unethical for them to make any recommendation outside of their role as a treating therapist.

(2) Licensees asked by a judge to make a recommendation in a custody, visitation and/or guardianship hearing, not hired by the court to do so, shall cite their role as a client's therapist and note that any testimony would be an ethics violation of their license and they can only testify to facts that they know. Any recommendation would be based on limited facts and not within their role as this client's therapist. However, if ordered by the court to make a recommendation after stating these limitations, the licensee shall follow the court's order in order to avoid being found in contempt of court.

(G) The scope of the court evaluation is determined by the nature of the question or issue raised by the referring person or court, or is inherent in the situation. A counselor, social worker, or marriage and family therapist may be asked to critique the assumptions and methodology of the assessment of another mental health professional. A counselor, social worker, or marriage and family therapist also might serve as an expert witness providing expertise to the court without relating it specifically to the parties involved in a case.

(H) A counselor, social worker, or marriage and family therapist will adhere to the requirements regarding informed consent as outlined in paragraph (B)(2) of rule 4757-5-02 of the Administrative Code.

(I) A counselor, social worker, or marriage and family therapist will adhere to the requirements regarding confidentiality as outlined in paragraph (D) of rule 4757-5-02 of the Administrative Code.

(J) A counselor, social worker, or marriage and family therapist strives to use the most appropriate methods available for addressing the questions raised in a specific evaluation and generally uses multiple methods of data gathering, including but not limited to clinical interviews, observation, and/or testing and assessment instruments. Important facts and opinions are documented from at least two sources whenever those methods' reliability is questionable. A counselor, social worker, or marriage and family therapist may also interview extended family, friends, and other individuals on occasions when the information is likely to be useful. If information is gathered from third parties that is significant and may be used as a basis for conclusions, licensees corroborate it by at least one other source wherever possible and appropriate and document this in the report.

(K) A counselor, social worker, or marriage and family therapist refrains from drawing conclusions not adequately supported by data. The counselor, social worker, or marriage and family therapist interprets any data from interviews or tests, as well as any questions of data reliability and validity cautiously and conservatively seeking convergent validity. A counselor, social worker, or marriage and family therapist strives to acknowledge to the court any limitations in methods or data used.

(L) A counselor, social worker, or marriage and family therapist does not give a professional opinion regarding the mental health functioning of any individual who has not been personally evaluated other than in addressing theoretical issues of hypothetical questions, so long as the limited basis of the information is noted.

(M) If a counselor, social worker, or marriage and family therapist chooses to make recommendations, these recommendations should be derived from sound data and shall be based on the best interests of the client involved. Recommendations are based on articulated assumptions, data, interpretations, and inferences based upon established professional and scientific standards. A counselor, social worker, or marriage and family therapist guards against relying on their own biases or unsupported beliefs in rendering opinions in particular cases.

Last updated November 15, 2022 at 8:55 AM

History

Effective: November 14, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4757-6-02 Summary suspension.

(A) If the counselor, social worker, and marriage and family therapist board determines that there is clear and convincing evidence that a person who has been granted a license or registration under this chapter has committed an act that subjects the person's license or registration with the board to action under section 4757.36 of the Revised Code and that the person's continued practice presents a danger of immediate and serious harm to the public, the board, or one of its professional standards committees, may suspend the license without a prior hearing.

(B) The board shall issue a written order of suspension by certified mail or in person in accordance with section 119.07 of the Revised Code. The order is not subject to suspension by the court during pendency of any appeal filed under section 119.12 of the Revised Code. If the person subject to the suspension requests an adjudication by the board, the date set for the adjudication shall be within fifteen business days, but not earlier than seven business days, after the request, unless otherwise agreed to by both the board and the person subject to the suspension.

(C) Any summary suspension imposed under this section shall remain in effect, unless reversed on appeal, until a final adjudication order issued by the board pursuant to section 4734.36 and Chapter 119. of the Revised Code becomes effective. The board shall issue its final adjunctive order within sixty days after completion of its adjudication. A failure to issue the order within sixty days shall result in dissolution of the summary suspension order but shall not invalidate any subsequent, final adjudicative order.

Last updated September 12, 2023 at 10:01 AM

History

Effective: October 18, 2009
Promulgated Under: 119.03

Chapter 4757-7 License Renewal; Prohibitions

Ohio Adm.Code 4757-7-01 Renewal of license or certificate of registration.

Any license or certificate of registration, except for temporary licensees and trainee registrations, issued by the board expires two years from the date it is issued or renewed. The provisions of section 4757.32 of the Revised Code shall apply to all applications for renewal of licenses and certificates of registration.

(A) The renewal applicant shall file the required renewal forms in a manner prescribed by the board and shall pay the appropriate renewal fee. For the purposes of renewing online, the applicant shall establish user identification and password. The use of the user identification and password is solely the responsibility of the licensee to be used for all applications within the online system, including, but not limited to, an initial licensure application, a renewal application, updating the address, requesting a wall certificate or license verification to another state or entity. The user identification and password shall constitute the legally recognized signature for the purposes of this rule. Any person who knowingly makes a false statement on a renewal application or electronic application may be found guilty of falsification under section 2921.13 of the Revised Code, a misdemeanor of the first degree.

(B) The renewal applicant shall demonstrate in a manner prescribed by the board that the applicant has met the continuing professional education requirements, unless they are renewing in an inactive status per section 4757.321 of the Revised Code, for any license or certificate of registration completed under rules 4757-9-01, 4757-9-02 and/or 4757-9-03 of the Administrative Code.

(1) The continuing professional education required for renewal shall have been acquired subsequent to the issue of, or the last renewal of, the license or certificate of registration.

(2) Renewal applicants who hold two or more licenses issued by this board shall satisfy the continuing professional education requirements for each license they wish to renew. Continuing professional education used to renew one license or certificate of registration issued by this board may be used to renew another license or certificate of registration if the continuing education is approved for that license or certificate of registration and is completed within the renewal period for the license renewal to which it will be applied.

(3) The board may waive or amend the continuing professional education requirements for persons unable to meet them because of disability, residence abroad, military service, or other reasonable cause. Such requests for a waiver shall be accompanied by documentation acceptable to the board per paragraph (D) of this rule.

(C) Except as stated in paragraph (B)(3) of this rule, the licenses or certificates of registration of persons renewing under rules 4757-9-01, 4757-9-02 and 4757-9-03 of the Administrative Code who do not meet their continuing professional requirements shall expire two years from the date of issuance. The board shall restore any license or certificate of registration that has been lapsed for two years or less upon application by the former licensee or registrant, documentation that the continuing professional education requirement for renewal has been met, and payment of the renewal fee. That restoration shall be for the remainder of the two years from the expiration date of that license. Any licensee eligible to restore their license may not apply for a new license.

Per section 5903.10 of the Revised Code, a licensee or registrant shall be granted a renewal of the license or certificate by the board at the usual fee without a late fee as required by rule 4757-1-05 of the Administrative Code, if not otherwise disqualified because of mental or physical disability, and if either paragraph (C)(4)(a) or (C)(4)(b) of this rule applies:

(1) The license or registration was not renewed because of the holder's service in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard.

(2) The license or certificate was not renewed because the holder's spouse served in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard, and the service resulted in the holder's absence from this state.

(3) A renewal shall not be granted under this paragraph unless the holder or the holder'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.

(D) Waiver of continuing education requirements shall be processed as delineated in this rule. Waivers shall be requested using a manner prescribed by the board unless the board approves a waiver for all licensees for a limited period of time. Waiver of continuing education may be for the full thirty hours or any part thereof or a partial waiver of any or all of the hours that shall be completed by a future date per a consent agreement. Waivers should be requested thirty days prior to the license expiration date to allow processing prior to the expiration of a license for those licensees practicing in Ohio. A licensee whose license renewal date has passed shall not practice until they have renewed or they shall be in violation of section 4757.02 of the Revised Code and subject to administrative action up to and including revocation of their license.

(1) Per section 5903.12 of the Revised Code, a licensee or registrant upon application that is accompanied by proper documentation certifying that the licensee has been called to active duty as described in paragraph (D)(4)(a) and/or (D)(4)(b) of this rule during the current or a prior reporting period and certifying the length of that active duty, shall have the continuing education response time extended for 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 division, any portion of a month served on active duty shall be considered one full month.

(a) The person is a member of the Ohio national guard, the Ohio military reserve, the Ohio naval militia, or a reserve component of the armed forces of the United States.

(2) If a waiver is granted, the licensee shall renew immediately, and their file annotated as to the status of their waiver and any due date for completion of additional continuing education hours. Any licensee required to complete future continuing education hours shall complete a consent agreement prior to renewing their license.

Last updated December 27, 2023 at 12:34 PM

History

Effective: December 26, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4757-7-02 Practice with expired license or certificate of registration is prohibited.

Persons whose licenses or certificates or registration have lapsed or expired and who continue to hold themselves out as counselors, social workers, or marriage and family therapists, or who engage in counseling, social work, or marriage and family therapy without a license or certificate of registration, shall be in violation of Chapter 4757. of the Revised Code. Persons who practice counseling, social work, or marriage and family therapy while their licenses or certificates of registration are under suspension or revocation shall be in violation of Chapter 4757. of the Revised Code.

Last updated September 12, 2023 at 10:02 AM

History

Effective: April 10, 2004
Promulgated Under: 119.03

Ohio Adm.Code 4757-7-03 Inactive status of license; restoration.

(A) A licensee or registrant may, at the time of biennial renewal, apply for inactive-escrow status of his/her license if the licensee or registrant does not plan to engage in active practice for one or more renewal cycles. The application for inactive status shall be accompanied by the fee prescribed by rule 4757-1-05 of the Administrative Code and by a signed statement that the licensee will not engage in active practice as defined in section 4757.01 of the Revised Code, while the license is inactive.

(B) A licensee in an inactive status may request a return to active status at any time by submitting a restoration application to the board. Applications shall:

(1) Be submitted electronically via the Ohio e-license system; and

(2) Be signed by the applicant electronically via the Ohio e-license system; and

(3) Be accompanied by the fee prescribed by rule 4757-1-05 of the Administrative Code; and

(4) Contain proof that the applicant completed at least thirty clock hours of continuing education per rule 4757-9-01, 4757-9-02 or 4757-9-03 of the Administrative Code as applicable within the two year period immediately preceding the application for restoration and additionally include six hours of ethics within the thirty hours instead of three required by the rules. Clock hours used to meet the requirements of this paragraph shall not be used to renew the restored license; and

(5) Other minor information required by the board approved form.

(C) Inactive-escrow licenses restored shall be for two years as of the date the applicant has completed all requirements of the restoral process. In most cases that date will not be the same as the original license first issuance date.

(D) In addition to the requirements contained in paragraphs (A) and (B) of this rule, applicants for restoration of an inactive-escrow license who have not engaged in the practice of counseling, social work, marriage and family therapy, art therapy, or music therapy for more than five years prior to the date the individual applies to the board for restoration, are required to complete forty-five hours of continuing education, six hours of which must be in ethics learning or training options.

(E) In addition to the requirements contained in paragraphs (A), (B), and (D) of this rule, unless otherwise waived by the appropriate professional standards committee upon a request by a licensee, applicants for restoration of an inactive-escrow license who have not engaged in the practice more than ten years prior to the date the individual applies to the board for restoration are required to propose a professional development plan that may include, but is not limited to the following components:

(1) Competency based performance appraisals;

(2) Mentorship;

(3) Additional continuing education;

(4) Extended coursework; and/or

(5) Other learning or training options.

Last updated August 18, 2025 at 7:16 AM

History

Effective: August 18, 2025
Promulgated Under: 119.03

Chapter 4757-9 Continuing Education

Ohio Adm.Code 4757-9-01 Continuing education requirements for renewal of licenses and registrations.

(A) Marriage and family therapists and independent marriage and family therapists require thirty hours of approved continuing professional education for licensure renewal in any combination of the following program areas listed in section 4757.30 of the Revised Code: research, professional ethics, marriage and family studies, marriage and family therapy, human development, appraisal of individuals and families, systems theory, supervision, or any other program area relevant to the practice of a profession licensed by the board.

(1) Three of the thirty hours shall be taken in the area of ethics continuing education.

(2) For those independent marriage and family therapists with supervision endorsement ("S"), three hours shall be in supervision, taken every two years. Only the american association for marriage and family therapy supervision refresher course or an equivalent course, as defined in paragraph (F)(3) of rule 4757-29-01 of the Administrative Code, may be used to meet this requirement.

(B) For licensed professional counselors and for licensed professional clinical counselors, the requirements for license renewal are thirty clock hours of approved continuing professional education in the following program areas of training and education listed in section 4757.22 of the Revised Code: human growth and development; counseling theory; counseling techniques; group dynamics, processing, and counseling; appraisal of individuals; research and evaluation; professional, legal and ethical responsibilities; social and cultural foundations; lifestyles and career development; clinical psychopathology, personality and abnormal behavior; evaluation of mental and emotional status; diagnosis of mental and emotional disorders; methods of intervention and prevention of mental and emotional disorders; treatment of mental and emotional disorders; any program area relevant to the practice of a profession licensed by the board; supervision; and administration. Administration subjects for continuing education are defined in paragraph (E)(1)(a)(iii) of rule 4757-17-01 of the Administrative Code.

(1) For those licensed professional counselors and licensed professional clinical counselors with supervision endorsement ("S"), three of the thirty clock hours shall be in supervision.

(2) For all renewals three of the thirty hours shall be taken in the area of ethics continuing education.

(C) Except as required by paragraph (D) of this rule, all persons who hold a license in social work as a condition of renewal of their license shall complete thirty clock hours of continuing professional education in social work as defined in division (C) of section 4757.01 of the Revised Code. Content areas for continuing education may include, but are not limited to: social work theory; social work methods; human development and behavior; social welfare and policy; social work values and ethics; social work research; social work supervision; social work administration; social work with special populations; or any other program area relevant to the practice of a profession licensed by the board.

(1) For all renewals three of the thirty hours shall be taken in the area of ethics continuing education.

(2) For those independent social workers a supervision endorsement ("S"), three of the thirty clock hours shall be in supervision.

(D) Persons who hold a registration as a social work assistant must earn fifteen hours of continuing education as a condition of renewal of the registration.

(E) Licensed professional art therapists must complete thirty clock hours of continuing education hours every two years as a condition of renewal. Three of the thirty hours must be in ethics. The continuing education content areas may include, but are not limited to: psychological and psychotherapeutic theories and practice, art therapy assessment, art therapy theory, or any other program area program area relevant to the practice of a profession licensed by the board.

(F) Licensed professional music therapists must complete thirty clock hours of continuing education hours every two years as a condition of renewal. Three of the thirty hours must be in ethics. The continuing education content areas may include, but are not limited to: music theory, functional music skills, therapeautic applications, client assessment, treatment planning and assessment, or any other program area program area relevant to the practice of a profession licensed by the board.

(G) Continuing education programs that meet the requirements of rules 4757-9-05 and 4757-9-06 of the Administrative Code shall be considered accepted to meet the renewal requirements for all licenses and registrations issued by the board.

Last updated August 22, 2025 at 12:11 PM

History

Effective: August 18, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4757-9-04 Clock hours for continuing professional education.

A "clock hour" is sixty minutes spent in a program meeting the requirements for renewal of a license or certificate of registration issued by the board. Clock hours exclude refreshment breaks, receptions and other social gatherings, and meals that do not include an acceptable program.

(A) Continuing education credit shall only be issued for coursework that qualifies per rule 4757-9-06 of the Administrative Code. Fifteen clock hours shall be granted for one academic semester hour. Ten clock hours shall be granted for one academic quarter hour.

(B) Continuing education credit may only be issued for coursework that qualifies per rule 4757-9-06 of the Administrative Code. Up to ten clock hours may be granted for a journal article. Up to thirty clock hours may be granted for a book.

(C) Credit may be awarded to licensees for first time presentations of a continuing education program, an in-service training workshop, a seminar or a conference presentation at the rate of one and one-half hours for every hour of the actual, board approved, presentation, up to ten hours per renewal period.

(D) The number of clock hours granted for a program offered by an approved provider will be determined by the definition of clock hour in this rule.

(E) Distance learning courses, that are text based reading courses, shall meet the following requirements:

(1) Content of courses shall meet at least one of the following criteria:

(a) Based on published research in peer-reviewed journals or from academic publishing houses (e.g., Sage, Guilford, Springer) with citations to support the theories and treatments discussed; or

(b) Based on appropriate government published documents which includes, but is not limited to: the board's laws and rules; center for disease control, national institute for health; and substance abuse and mental health services administration; or

(c) Training that is practice-informed rather than research-informed, based on individual practice experience as long as the presenter clearly states that content is based on his or her experience and includes references to published research in peer-reviewed journals and/or from academic publishing houses (e.g., Sage, Guilford, Springer) and/or government documents with citations to support the theories and treatments discussed.

(d) Training that is designed to facilitate compliance with national accreditation standards (e.g., joint commission on the accreditation of healthcare organizations "JCAHO," commission on accreditation of rehabilitation , "CARF," council on accreditation "COA," or other appropriate accrediting bodies) and/or established agency policies and procedures relating to clinical care.

(2) Courses shall be updated at least every five years to reflect current research and treatment practices and/or newer government document sources. Sources from seminal works or works of historical importance to the profession are clearly still valid, but newer research may broaden and/or deepen the material.

(3) The board may have a random selection of courses audited by experienced licensed professionals, who are not board members, to review the content as to the referenced material and hours awarded for those programs.

(a) Results of those audits shall result in consultations with the individual or company as to changes in future offerings and how to treat existing offerings that do not meet the standards as noted in the reviews.

(b) If the audit reveals changes that should be made in course content or hours awarded, the provider shall be given a copy of the resulting audit;

(c) If the provider does not agree with the audit, a notice for hearing per Chapter 119. of the Revised Code shall be issued by the board;

(d) If the provider agrees with the audit results or the board prevails following a hearing, the provider shall be allowed to continue offering the course or courses until the end of the two-year cycle anticipated by the publisher, which shall be stated on the publisher's information page of their course documents; and

(e) Should the final results of an audit be presented to a provider that operates on a two-year publishing cycle that publisher shall make corrections on the next published continuing education documents. If the publisher is within a six months period prior to the beginning of a new two-year publishing cycle, for which the provider is approved to offer continuing education, the changes in course content or credit hours awarded will not be effective until the end of the next full two-year publishing cycle.

(F) Counselors, marriage and family therapists, and social workers may earn all hours of continuing professional education per renewal period in distance learning credit as defined in paragraph (A)(11) of rule 4757-9-06 of the Administrative Code.

(G) Effective July, 1, 2026, licensees and registrants are no longer eligible to apply up to twelve hours of conintuing education hours earned in the prior renewal period to their current license renewal. Until July 1, 2026, licensees and registrants may use up to twelve hours from the prior renewal period for their current renewal, only if they had an excess of hours over thirty hours from the immediate prior renewal. This practice is known as "banking" continuing education hours (CEUs). Registered social work assistants may bank up to six hours of excess continuing education from the immediate prior renewal.

(1) Hours earned as a professional counselor may not be banked to renew a professional clinical counselor license.

(2) Hours earned as a social work assistant may not be banked to renew a social worker license.

(3) Hours earned as a social worker may not be banked to renew an independent social worker license.

(4) Hours earned as a marriage and family therapist may not be banked to renew an independent marriage and family therapist license.

(H) All licensees and registrants shall complete continuing education renewal requirements prior to renewing as specified in: rule 4757-9-01 of the Administrative Code for marriage and family therapists; rule 4757-9-02 of the Administrative Code for professional counselors; and rule 4757-9-03 of the Administrative Code for social workers; unless granted a waiver under rule 4757-7-01 of the Administrative Code.

Last updated August 18, 2025 at 7:16 AM

History

Effective: August 18, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4757-9-05 Approval of continuing professional education programs required for renewal of licenses and certificates of registration issued by the board.

The goals of the board's continuing professional education requirements are to assist licensees in maintaining and expanding professional competence and expertise, in becoming aware of new professional issues and developments, and in providing responsible, quality and competent service to clients and community. Continuing education to promote personal growth of the licensee or to develop general business skills, or to develop skills such as in CPR or first aid, shall not be accepted.

Continuing education credits may be obtained in several ways: attendance at programs offered by approved providers, approved programs, and publications as cited in paragraph (B) of rule 4757-9-06 of the Administrative Code and presentations as cited in paragraph (C) of rule 4757-9-06 of the Administrative Code. The board or its designee shall approve providers under the following guidelines:

Any individual or business providing continuing education courses for this board's licensees shall comply with federal law title III of the Americans with Disabilities Act "ADA." Continuing education programs shall be offered in locations and in a manner, which are accessible to persons with disabilities, or offer alternative accessible arrangements for such persons. Individuals or businesses who hold provider status or are approved to provide individual programs are required to provide auxiliary aides and services that are necessary to ensure equal access to the goods, services, facilities, privileges or accommodations that it offers unless an undue burden or a fundamental alteration would result.

(A) The following meanings shall apply to all continuing education rules promulgated by the counselor, social worker, and marriage and family therapy board.

"Provider " or "Provider Status" means an individual or entity granted approval to develop continuing education program offerings without prior approval from the board for each program offered. All continuing education offerings shall utilize the same provider authorization number assigned by the board. A board licensed individual shall review each continuing education program as noted on the provider application or most recent renewal application on file with the board.

(B) Requirements for continuing education programs offered by approved providers:

(1) Academic courses offered in accredited education institutions by counseling, social work, and marriage and family therapy degree programs as defined in paragraphs (A) of rule 4757-13-01, (C)(1)(g) of rule 4757-19-01 and (A)(1) of rule 4757-25-01 of the Administrative Code, are automatically granted program approval. Transcripts and/or grade reports shall be used to document this training. If the licensee audits an approved course, a letter from the professor shall be required to verify actual number of hours of attendance, which shall be used to determine hours of continuing education credit granted.

Continuing education programs presented by academic departments or programs of counseling, social work, or marriage and family therapy are accepted by the board for continuing education credit regardless of the provider status of the department or program.

(2) Programs may be sponsored by departments of accredited educational institutions; national, regional, state, or local professional organizations or associations; public or private human service agencies or organizations; private consultants; or individuals. In order to obtain approved status from the board, a program shall meet the following requirements:

(a) The program shall be presented by competent individuals as documented by appropriate academic training and professionally recognized experience. Presenters should have an identifiable involvement with human services. In approving a particular presenter the board shall be guided by the following range of presenter qualifications.

(i) Persons licensed by the board, or those holding similar licenses in other states, with appropriate expertise in the content area may be accepted.

(ii) Related professionals with the ability to connect content to the professions licensed by the board counseling, social work or marriage and family therapy practice shall usually be accepted.

(iii) Expert presenters with no apparent link to professions licensed by the board, or related practice may or may not be acceptable based upon content to be presented and intended audience.

(iv) Presenters with no apparent professional qualifications nor link to the professions licensed by the board shall not be accepted.

(v) Presenters providing training in practice areas that would require licensure shall show evidence of current licensure in Ohio or another state.

(b) The program shall have a minimum duration of one clock hour.

(c) The program shall have goals and objectives which are responsive to the needs of licensees and attendees. Applications shall include agendas with content and time frames for each session of the program.

(d) The program shall be related to counseling, social work and/or marriage and family therapy content areas as listed in rules 4757-9-01, 4757-9-02 and 4757-9-03 of the Administrative Code.

Peer reviewed journals shall meet the following criteria: (i) have an independent editorial board, (ii) be sponsored by a national professional society for counseling, social work, marriage and family therapy, art therapy, music therapy, psychology or psychiatry, and (iii) have paid subscribers. Articles appearing in publications dealing with the specific program topic area shall not constitute validation.

(e) The program shall be disseminated via appropriate instructional methods, such as lecture, group discussion, video, film, computer or other electronic means, written materials, or interactive teleconferencing.

(f) The program shall include an evaluation component directly related to its stated goals and objectives.

(g) The program shall be offered in a place and manner which is accessible to persons who are physically challenged.

(h) The program approval request shall be submitted for review, in a format designated by the board, at least sixty days prior to the scheduled program date. Program approval requests received on or after the date of the program shall be denied.

(i) The program's promotional information shall state that program approval has either been applied for or has been granted, and to which license(s) renewal requirements the program shall apply.

(j) The sponsor of the program shall provide program participants certificates of completion on paper or electronically, which contain the following information:

(i) The title and date(s) of the program and the board's program approval number;

(ii) The name of the sponsoring agency or organization;

(iii) The name of the participant, which may be legibly handwritten, and the number of clock hours of continuing professional education earned by the participant;

(iv) The signature of the instructor or the official representative of the sponsoring organization;

(v) The hours of ethics, distance learning and/or supervision included in the program, if any; and

(vi) A blank space on the certificate of completion in which the participant may place their registration or license number.

(k) The sponsor shall ensure that the program conforms to the planned hours of attendance, attendance certificates are given to attendees after the end of the program and that any late arrivals or early departees are given certificates accurately reflecting their actual times of attendance.

(l) The sponsor shall maintain records of program content, presenter qualifications and individual participation, and individual evaluation forms for five years and make such records available, if the board requests them.

(1) Continuing education providers authorized to provide continuing education as defined in paragraphs (F) and (G) of this rule and paragraph (F) of rule 4757-9-06 of the Administrative Code are ineligible to apply for provider approval as described in this rule.

(2) Approved provider status for newly approved providers shall be granted for up to a four year period and is subject to renewal for up to a four year year period if the provider meets the requirements of this rule. At its discretion, the board may establish an initial approval period or renewal period of less than four years based on the experience and performance of the provider.

(3) Providers may use their own approval numbers for presentations by this board's staff members, for example ethics or licensing presentations.

(4) The board may refuse to renew the approved status of any provider who fails to comply with the requirements of this rule. Approved provider status may be withdrawn for cause.

(5) Programs offered by a provider while that provider does not have approved status shall not be accepted by the board toward fulfillment of license renewal requirements unless program approval for such programs was obtained as set forth in this rule.

(6) The board may grant provider status, which may include but are not limited to: degree programs, national regional, state, or local professional organizations, public or private human service agencies, private consultants or individuals. The applicant for approved provider status shall meet the following requirements:

(a) Make application for approval status in a format required by the board at least two months prior to the date of the first scheduled program offering. A list of proposed programs and program goals shall be included with the application;

(b) Apply for renewal of approved provider status two months prior to the expiration date;

(c) Provide or arrange for appropriate educational facilities and instructional aids and offer programs and facilities that are accessible to persons who are handicapped;

(d) Have program presenters who have the professionally recognized skills to conduct the programs being offered in accordance with paragraph (A) of this rule;

(e) Conduct programs that satisfy one or more of the program areas in the professions licensed by the board as defined in rule 4757-9-01 of the Administrative Code and/or as defined in division (A), (C) or (H) of section 4757.01 of the Revised Code;

(f) Include an evaluation component in all programs offered;

(g) Maintain records of program content, presenter qualifications and individual participation, and individual evaluation forms for five years and make such records available, if the board requests them;

(h) The provider shall give program participants certificates of completion on paper or electronically, which contain the information in paragraph (B)(2)(j) of this rule.

(i) Indicate, on any promotional literature disseminated, the provider number issued by the board and the license(s) renewal requirements to which the program(s) shall apply;

(j) Each program shall have review and or input by a licensee of the board.

(k) The provider shall ensure that the program conforms to the planned hours of attendance, attendance certificates are given to attendees after the end of the program and that any late arrivals or early departees are given certificates accurately reflecting their actual times of attendance;

(l) Providers may purchase and/or contract for the provision of continuing education programs that are not co-sponsored provided the provider retains control of the contracted or purchased program;

(m) Applicants shall use the form prescribed by the board for approval of the continuing education provider status. Applicants shall pay a fee set in rule 4757-1-05 of the Administrative Code for each provider application submitted or renewed. Initial provider status is valid for a period to be established by the board upon status approval.

(D) Guidelines for continuing education program advertising: All advertising by approved continuing education providers shall clearly indicate the target audience of any program being advertised. A provider or sponsor offering continuing education programs shall include:

(1) Approved for counselors and/or social workers and/or marriage and family therapists each listed as appropriate;

(2) If ethics or supervision, then include: Approved for number of hours of ethics and/or number of hours of supervision each listed as appropriate; and approved for counselors and/or social workers and/or marriage and family therapists each listed as appropriate.

(E) The board has the right to have a board employee attend unannounced any approved continuing education program offered under this rule. The staff member or board member attending the program may not claim continuing education credit for the course without paying the requisite fee, if any.

(F) Association approval status:

(1) National associations or associations of state regulatory boards composed of licensed members or stakeholders of the counseling, social work, marriage and family therapy, art therapy, and music therapy professions that provide or approve continuing education for use in multiple jurisdictions, or Ohio-based associations representing the professions licensed by the board may be approved by the board for association approval status, at which time the association is recognized as a provider.

(a) National associations may be approved by this board to approve continuing education programs, providers, or providers and programs.

(b) Ohio-based associations may apply to approve programs only.

(c) Association approval status is approved by the board upon recommendation of the appropriate professional standards committee.

(d) The board may approve an assocation for an indefinite period. At its discretion, the board may establish an initial approval period of between one and three years.

(e) Association approval status may be restricted for cause or revoked for cause. In such instances when the board intends to restrict or revoke an approval status, the association will be provided an initial ninety-day period, which may be extended at the board's discretion for a one time sixty day period, in which to respond. During the response period the association may continue to approve programs or providers. All restrictions, non-renewals and revocations must be approved by the board upon a recommendation of the appropriate professional standards committee. Associations subject to a restricted approval status, non-renewal, or revocation may reapply to the board for full approval status after one year.

(f) Associations applying for association approval status must do so in a form provided by the board and pay any fees assessed by the board for continuing education approvals as defined in rule 4757-1-05 of the Administrative Code.

(g) The association must agree to approve programs and providers in accordance with rule 4757-9-01.

(2) Continuing education provided by associations with association approval status will be accepted to meet continuing education renewal requirements without further action by the board.

(G) Programs sponsored by or offered by the following agencies of the state of Ohio or state of Ohio constitutional offices shall be considered approved for continuing education credit provided the subject matter of the training is relevant to the professions licensed by the board: chemical dependency professionals board, state medical board of Ohio, department of developmental disabilities, bureau of workers compensation, department of education, department of health, department of job and family services, department of mental health and addiction services, board of nursing, state board of psychology, department of rehabilitation and corrections, department of public safety, department of youth services, attorney general of Ohio, and supreme court of Ohio.

(1) By a vote of the board state agencies or constitutional offices not listed in paragraph (G) of this rule may be approved to provided continuing education programs.

(2) The board may restrict licensees from claiming continuing education credits for programs provided by any agency listed in paragraph (G) of this rule or approved under paragraph (G)(1) of this rule if the board determines a program or programs offered by such an agency do not provide continuing education appropriate to the scopes of practice defined in agency 4757 of the Administrative Code.

(3) Certificates for programs offered may include the following statement to denote acceptance by the board: "Accepted for continued education credit by the Ohio CSWMFT Board under rule 4757-9-05 of the Administrative Code."

(H) Programs sponsored by or offered by, or providers approved by the following associations, shall be considered approved for continuing education credit provided the subject matter of the training is relevant to a profession licensed by the board: association of social work boards, national association of social workers (national), national association of social workers - Ohio chapter, national board for certified counselors, American counseling association, Ohio counseling association, American association of state counseling boards, American association for marriage and family therapy, association of marriage and family therapy regulatory boards, art therapy certification board, buckeye art therapy association, American art therapy association, certification board for music therapists, American music therapy association, or association of Ohio music therapists.

(1) By a vote of the board, associations or organizations not listed in paragraph (H) of this rule may be approved to provide or sponsor continuing education programs, or to approve other continuing education providers.

(2) The board may restrict licensees from claiming continuing education credits for programs provided by an organization or association listed in paragraph (H) of this rule or approved under paragraph (H)(1) of this rule if the board determines a program or programs offered by such an agency do not provide continuing education appropriate to the scopes of practice defined in agency 4757 of the Administrative Code.

(I) Post program approval:

(1) Effective December 26, 2023, the board has discontinued review of continuing education programs for post program approval except for those described in paragraph (I)(2) of this rule. Programs not offered by an approved provider as described in this rule or rule 4757-9-06 of the Administrative Code are not eligible for continuing education credit. Programs taken in person in the state of Ohio that are not preapproved by the board or offered by an approved provider, cannot be submitted as continuing education.

(2) The licensee shall provide the following in a manner required by the board:

(a) If a book, a copy of the front matter indicating the title, author, and year of publication. Self-published books do not qualify for continuing education credit.

(b) If a journal article, the first page(s) of the article that includes the article title, abstract, and name of the journal.

(c) If a presentation of an of in-service training workshops, seminars and/or conference presentations, a copy of the presenation or training agenda; or

(d) If an in-person, out of state conference or training:

(i) Documentation that the program presenter(s) met the requirements of paragraph (B)(2)(a) of this rule; and

(ii) A copy of the program brochure and other documentation to demonstrate that the program met the requirements of paragraphs (B)(2)(b) to (B)(2)(f) of this rule; and

(iii) A certificate of completion, transcripts, grade card, or signed statement from the presenter to demonstrate the licensee's attendance at the program or course.

(e) If a college or university course, a transcript showing the completed course, including the number of credit hours.

Last updated August 18, 2025 at 7:16 AM

History

Effective: August 18, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4757-9-06 Sources of continuing professional education.

(A) Sources of continuing professional education shall be formally organized learning experiences with education as their explicit principal intent and which are oriented toward the enhancement of counselor, social worker, and marriage and family therapy practice. The following are examples of appropriate formats for such learning experiences:

(1) "Institute" means a formal offering, usually in a series of meetings, for instruction and information in a particular area of counselor, social worker and/or marriage and family practice;

(2) "Seminar" means a small group of counselors, social workers, or marriage and family therapists who meet under expert leadership or resource persons. Participants prepare reports on some aspect of a problem, which is discussed and analyzed;

(3) "Conference" means sessions of one or more days duration designed to serve a varying number of persons to hear different points of view on a central theme;

(4) "Staff development" means an educational program planned by an agency to assist its employees in becoming increasingly knowledgeable and competent in fulfilling role expectations within that agency. Although often used interchangeably with in service education, staff development frequently includes out-of-agency educational activities;

(5) "Symposium" means two or more specialists presenting information on a particular subject. A moderator introduces the subject and each speaker then summarizes and presides during a question and answer period;

(6) "Workshop" means a program designed to bring together individuals with a common interest and background to solve similar problems and to gain new knowledge, skills, and attitudes;

(7) "Course" means a series of learning experiences with a specific content and offered for credit, non-credit, or audit by a regionally accredited educational institution;

(8) "Teleconference" means the transmission of video information where there is an on-site moderator to lead a post-conference discussion and question and answer session;

(9) "Distance learning" means a formal education process, in which instruction occurs when the students and instructor(s) are not located in the same place. Distance learning adds technology to the online learning environment by a variety of means. For the purposes of agency 4757 of the Administrative Code, the term distance learning refers to all non-traditional methods of presentation except video-conferencing;

(10) "Video conferencing" means conducting a conference between two or more participants at different sites using computer networks to transmit audio and video data.

(B) A continuing education program approved for one license type may be considered approved for all license types.

(C) The board may grant up to ten hours of continuing professional education credit per renewal period to licensees who author journal articles or books on subjects related to professions licensed by the board, and which meet the following requirements:

(1) Journal articles shall be published in refereed journals.

(2) Chapters authored by licensees in books acceptable under this rule shall be treated as journal articles. Credit will not be awarded for any books or articles read that are not part of a program offered by an approved provider.

(3) Reprints or republications of previously published materials either in name or substantive content are not acceptable as continuing professional education.

(4) Continuing professional education for publications having joint authorship shall be divided equally among the authors.

(5) Licensees wishing to use a journal article or book shall submit for continuing education credit as required in rule 4757-9-05 of the Administrative Code.

(D) The board may grant continuing education credit to individuals who conduct presentations on subjects related to counseling, social work, or marriage and family therapy. Credit may be granted for first time preparation and presentation of an in-service training workshop, a seminar or a conference presentation which is related to the enhancement of licensee, or knowledge. Licensees wishing to use a presentation shall submit for continuing education credits as required in rule 4757-9-05 of the Administrative Code. Licensees may claim a total of ten hours per renewal period of credit for teaching or conducting a presentation.

(E) The board may grant continuing education credit to licensees who teach a college course, of a semester or quarter duration, directly related to their license type. Credit at the rate of one and one-half hours for every hour of the course, up to ten hours per renewal period, may be granted for the first time preparation and presentation of the course.

(F) The board may grant continuing education credit for approved home study programs when the distance learning program's sponsor can demonstrate that:

(1) The program meets all of the requirements established in rule 4757-9-05 of the Administrative Code.

(2) The program sponsors shall have adequate security in place to assure that the individual who receives credit for the course is the individual who completed the program.

(3) The program sponsor shall include post tests of at least five questions per hour of continuing education for home-study courses.

(G) The board may grant continuing education credit for appropriate college courses from regionally accredited educational institutions that are documented by passing grades; audited courses require documentation by official or unofficial transcript.

(1) Appropriate college courses are those that are at the level of the license for which CEUs are sought and are relevant to the practice of the profession of the licensee. Graduate level licensees shall generally be approved for graduate level courses directly related to their license type. Bachelor level licensees shall generally be approved for bachelor or graduate level courses directly related to their license type. Associate level registrants shall generally be approved for associate, bachelor or graduate level courses directly related to their license type. College courses taken at a lower level than qualifying degree may be submitted for continuing education credit per rule 4757-9-05 of the Administrative Code; applicants shall delineate how that course work is relevant to their practice.

(2) Appropriate courses are ones not previously taken unless updated due to the passage of five years or more.

(3) Licensees wishing to use a college course for continuing education hours shall submit a request for continuing education credit as required in rule 4757-9-05 of the Administrative Code.

(H) The board may grant continuing education credit for programs approved by licensure boards in other states. A licensee may submit for continuing education only those programs approved by a board that issues the same types of licenses as this board.

(I) The board may grant continuing education credit for programs offered by or approved by national associations as described in rule 4757-9-06 of the Administrative Code, representing the professional practice interests of persons licensed by the board.

(J) Volunteer service:

In accordance with division (B) of section 4745.04 of the Revised Code, licensed professional clinical counselors, independent marriage and family therapists, and licensed independent social workers may claim up to six hours of volunteer service toward the thirty hour continuing education requirement. To qualify under this rule, volunteer services shall:

(1) Be provided at a free clinic or other non-profit organization that offers health care services based on eligibility screenings identifying the client as an "indigent and uninsured person" as that term is defined in section 2305.234 of the Revised Code;

(2) Not be credited for license holders in a paid position at the organization at which the services are rendered;

(3) Be counseling, social work, or marriage and therapy services provided in compliance with the professional conduct requirements specified agency 4757 of the Administrative Code;

(4) Be credited as one hour of CE for each sixty minutes spent providing services as a volunteer, not to exceed six hours of the total biennial CE requirement;

(5) Not count toward the requirement to complete three hours of continuing education in ethics continuing education.

Last updated August 18, 2025 at 7:16 AM

History

Effective: August 18, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4757-9-07 Documentation of continuing professional education required for renewal of a license or certificate of registration.

Each licensee or registrant shall provide, in a manner prescribed by the board, evidence that the licensee or registrant has satisfied the continuing professional education requirements for renewal of a license or certificate of registration.

(A) Courses taken for credit at accredited educational institutions shall be verified by transcripts. Completion of non-credit and audited courses shall be verified by transcripts.

(B) All other continuing professional education shall be documented by a copy of certificates of completion furnished by the provider, or by upload by the provider of completion information to an online system required by the board for reporting completed continuing education. Such certificates or uploaded submissions shall contain the information required by paragraph (B)(2)(j) of rule 4757-9-05 of the Administrative Code. In addition, the licensee or registrant shall record his/her license or certificate number in the appropriate place on the certificate of completion.

(C) Copies of publications presented for continuing professional education shall be furnished to the board. In the case of journal articles, a copy of the journal's page showing the names of its editorial review board shall be included to document that the journal is referred.

(D) Licensees and registrants may not attend the same program twice within a two-year renewal period. If a program has multiple parts, the title of the program shall specify part numbers or letters for a multi-part series of programs, e.g. "Title" part 1, "Title" part 2, etc. Licensees may attend and count/include eligible continuing education hours earned through programs that are required annually by national accreditation, state certification(s) and/or adherence to evidence based practice models, programs, and curriculums during the two year renewal cycle.

Last updated August 18, 2025 at 7:17 AM

History

Effective: August 18, 2025
Promulgated Under: 119.03

Chapter 4757-11 Denial, Suspension, Revocation of License; Disciplinary Action

Ohio Adm.Code 4757-11-01 Denial, and disciplinary action for licenses or certificates of registration issued by the counselor, social worker, and marriage and family therapist board.

The board may refuse to admit for examination, issue, renew, or may suspend, revoke, reprimand or place restrictions on any application, license, certificate of registration, or supervision endorsement applied for or issued under Chapter 4757. of the Revised Code, or may take other disciplinary action against any licensee or registrant, if that person has:

(A) Failed to meet the education, experience, examination, criminal background standards or other requirements set forth in Chapter 4757. of the Revised Code; and/or,

(B) Violated any provision of the code of ethical practice or professional conduct or committed any other violation of professional behavior contained in the rules; and/or,

(C) Committed a violation of any provision of Chapter 4757. of the Revised Code, or of rules adopted under it, including the provisions of section 4757.36 of the Revised Code; to include any of the following:

(1) Knowingly made a false statement in an application for licensure or registration, or in renewal of a license or certificate of registration;

(2) Accepted a commission or rebate for referring persons to any professionals licensed, certified, or registered by any court or board, commission, department, division, or other agency of the state, including, but not limited to, professionals in counseling, social work, or marriage and family therapy or in fields related to counseling, social work, or marriage and family therapy;

(3) Failed to comply with section 4757.13 of the Revised Code;

(4) Been denied, revoked, suspended or had restrictions placed on any license including, but not limited, to licensure to practice counseling, social work, marriage and family therapy, art therapy, or music therapy for any reason other than failure to renew in another state or jurisdiction;

(5) Used a controlled substance or alcoholic beverage to the extent that it impaired their ability to perform properly as a licensee or registrant of the board;

(6) Been convicted of, pled guilty to, pled no contest to, or had a judicial finding of guilt imposed in this state or in any other state of a misdemeanor committed in the course of practice as a professional counselor, professional clinical counselor, counselor trainee, social work assistant, social worker, social worker trainee, independent social worker, marriage and family therapist, independent marriage and family therapist or marriage and family therapist trainee; art therapist, or music therapist;

(7) After initial licensure, a conviction in this or any other state of a crime that is a felony in this state;

(8) Been convicted of, pled guilty to, pled no contest to, or had a judicial finding of guilt imposed in this state or any other state or jurisdiction of a crime included in the board's criminal conviction standards as established under section 9.79 of the Revised Code;

(9) Committed any act that could be considered a crime in the state of Ohio. The board will refer this information to local law enforcement;

(10) In the case of any licensees or registrant who is licensed or registered with the board, practiced outside of their scope of practice;

(11) Sold, given away, diverted, or administered drugs for other than legal purposes; or been convicted of, pled guilty to, pled no contest to, or had a judicial finding of guilt imposed for violating any municipal, state, county or federal drug law;

(12) Been professionally diagnosed as having an impairment of the ability to practice according to acceptable and prevailing standards of the professions licensed by the board , because of a physical or mental disability or drug or alcohol addiction;

(13) Been adjudged by a probate court that the applicant for licensure, licensee, or registrant is mentally ill or mentally incompetent. The board may restore the license or registration or review the application for licensure or registration upon the adjudication by a probate court of the person's restoration to competency or upon submission to the board of other proof of competency;

(14) Engaging or aiding and abetting an individual to engage in the practice of professional counseling, social work, marriage and family therapy, art therapy, or music therapy without a license, while holding a license in an inactive status, or falsely using the title of counselor, social worker, marriage and family therapist, art therapist, or music therapist;

(15) Failure to submit any records or documents, written statements or explanations that have been requested or subpoenaed by the board;

(16) Failure to report any relevant information to the board concerning a counselor, marriage and family therapist, social worker, social work assistant, applicant, or trainee who is incapable of engaging in the practice of counseling, marriage and family therapy, or social work with reasonable skill, competence, and safety to the public, or failure to report any alleged violations of this act or rules adopted under it;

(17) In the case of a licensee with supervision endorsement or an independent license, failure to report any relevant information to the board concerning a licensee or registrant under their work/clinical supervision or training supervision, who is incapable of engaging in practice with reasonable skill, competence, and safety to the public, or failure to report any alleged violations of this act or rules adopted under it;

(18) Failure of a licensee with supervision endorsement to respond in a timely manner to a request from a current or former supervisee for an evaluation for an independent license application;

(19) Failure to cooperate in any investigation concerning allegations about an individual's application, license, or registration; or another individual's application, license or registration;

(20) Failure to maintain appropriate standards of care. Standards of care shall be defined as what an ordinary, reasonable professional with similar training would have done in a similar circumstance;

(21) The counselor, social worker, and marriage and family therapist board, under the provisions of the license or registration renewal requirements set forth in rule 4757-7-01 of the Administrative Code, has the authority to discipline a licensee or registrant who:

(a) Falsifies the renewal form by stating they have completed the required thirty hours of continuing education at the time they signed the renewal, if it is proven they have not completed the continuing education at that time. This provision does not apply to persons who have received a waiver of continuing education requirements.

(b) When audited, cannot present proof of thirty hours of approved continuing education.

(22) Failure to adhere to any conditions set forth in a board approved adjudication order or consent agreement.

(D) One year or more after the suspension or revocation of a license or certificate of registration under this rule, the former licensee or registrant may apply and application for reinstatement may be made to the board. The board may accept or deny an application for reinstatement. If a license has been suspended or revoked, the board may require an examination for reinstatement.

(E) The board shall investigate evidence that appears to show that any person has violated any provision of this chapter or any rule of the board. In the absence of bad faith, any person who reports such information or who testifies before the board in any adjudication conducted under Chapter 119. of the Revised Code shall not be liable for civil damages as a result of the report or testimony.

(F) Information received by the board pursuant to an investigation is confidential in accordance with section 4757.38 of the Revised Code and shall not be subject to discovery in any civil action. If the investigation requires a review of client records, the investigation and proceedings shall be conducted in such a manner as to protect client confidentiality.

Last updated April 13, 2026 at 8:36 AM

History

Effective: April 13, 2026
Promulgated Under: 119.03

Ohio Adm.Code 4757-11-02 Impaired practitioner rules.

(A) For purposes of the rule, an individual licensee who accepts the privilege of practicing counseling, social work, or marriage and family therapy in this state is subject to the supervision by the board. The act of filing an application for licensure or being licensed or registered 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.

(B) If the professional standards committee receives information by the filing of a verified complaint with the board office or upon its own information that a licensee or registrant'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 physical or mental conditions; or the effects of treatment of a physical or mental condition that impair their ability to practice, the professional standards committee may order the licensee to submit to a mental or physical examination at the licensee'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 licensee's well-being or the treatment of a client whom the licensee or registrant serves.

(C) Failure of the individual licensee or registrant to submit to a mental or physical examination order by the professional standards committee constitutes an admission of the allegations against the individual licensee or registrant unless the failure is due to circumstances beyond the individual's control.

(D) If the professional standards committee determines that the individual's ability to practice is impaired the following actions may be taken:

(1) The professional standards committee shall suspend or place restrictions on the individual's license or registration to practice; or

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

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

(E) The professional standards committee 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.

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

(7) Make amendments, if necessary, to the treatment program's findings.

(F) The professional standards committee approved treatment program shall:

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

(2) Report in a timely fashion any impaired counselor, social worker, or marriage and family therapist:

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

(b) Who refuses to submit to treatment/rehabilitation.

(d) Who in the opinion of the evaluators is unable to practice counseling, social work, or marriage and family therapy 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 counselor's, social worker's, or marriage and family therapist's progress.

(6) Provide a final report including the treatment outcome and a finding as to the counselor's, social worker's, or marriage and family therapist's fitness to practice.

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

(G) Pursuant to division (A) of section 4757.10 of the Revised Code, as part of the board's impairment or diversion program, the board may enter into a non-disciplinary agreement with a licensee. Any documentation pertaining to this agreement, including the agreement itself, is confidential and not considered a public record.

Last updated April 19, 2021 at 9:38 AM

History

Effective: April 19, 2021
Promulgated Under: 119.03

Ohio Adm.Code 4757-11-03 Internal records management to maintain confidentiality.

(A) All investigatory records are considered confidential and access to these records is strictly on a need-to-know basis. Access to these records is open to the investigation staff, the compliance coordinator, board members, the board's designated representative from the Ohio attorney general, and the board's executive director. Other staff of the board do not have access to the investigation records without the prior approval of the executive director, the executive director's designee, the board chair, or the vice chair of the board. There are occasions when investigation records will need to be viewed by expert witnesses, board-approved compliance monitors or hearing officers. These individuals shall be pre-approved by the board's executive director or the executive director's designee before access is permitted.

(B) All investigation files shall be securely maintained in physical or electronic media.

(C) While investigation records are strictly confidential, records received by the board that present evidence of criminal activity may be turned over to the appropriate law enforcement agency.

(D) If investigatory records are to be released to another Ohio state agency or to an agency of another state, that entity shall sign an agreement that those records will remain confidential and not releasable. This agreement shall be signed before any records are released to the entity.

(E) Any and all records obtained in the course of an official investigation shall not be subject to subpoena provided, however, the board shall be authorized to release such records to another enforcement agency or lawful licensing authority.

(F) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in their capacity as a licensee shall be admissible at any hearing held to determine whether a violation of this chapter has occurred. Documentary evidence relating to a person who received those services shall be reviewed in camera and shall not be disclosed to the public.

Last updated July 2, 2024 at 10:33 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-11-04 Hearing procedures.

(A) Representatives; appearances; communications; applicability

(1) As used in this chapter of the Administrative Code, "respondent" shall be defined as the person who is requesting or has requested a hearing pursuant to Chapter 119. of the Revised Code.

(2) The respondent may represent himself/herself or may be represented by an attorney admitted to the practice of law in Ohio. If the respondent does represent himself/herself, he/she shall be deemed the representative of record for purposes of this chapter of the Administrative Code.

(3) The respondent is not required to personally appear at any hearing provided he/she has not been subpoenaed and has authorized his/her representative to represent him/her in all facets of a hearing before the board.

(4) The respondent or his/her representative may present his/her position, arguments, or contentions in writing rather than personally appearing at any hearing provided the respondent has not been subpoenaed.

(5) One who has entered an appearance as representative remains the representative of record unless and until a written withdrawal is filed with the board.

(6) Except as otherwise provided under Chapter 119. of the Revised Code, communications from the board or its attorney hearing examiner shall be sent to the representative of record.

(7) The members of the board shall base their decisions on any matter subject to hearing only on the evidence of record. No information acquired by a member of the board in any way other than by review of the evidence of record shall be considered in that member's decision on a matter subject to hearing. The receipt of information about a matter subject to hearing outside the evidence of record shall not disqualify the member from participating in the decision on that matter unless that member excuses himself/herself from participation in the decision on the ground that he/she cannot restrict his/her decision on the matter only to the evidence of record.

(8) Except as otherwise provided under this chapter or by statute, no attorney hearing examiner or member of the board shall initiate or consider ex parte communications concerning a pending or impending adjudicatory proceeding. Nothing contained herein, however, shall preclude the attorney hearing examiner from nonsubstantive ex parte communications on procedural matters and matters affecting the efficient conduct of adjudicatory hearings.

(9) Except as otherwise provided under this chapter or by statute, a rule promulgated under this chapter shall apply only to those administrative proceedings for which the notice of opportunity for hearing was mailed to the respondent, or his/her representative, on or after the effective date of this particular rule.

(10) If any provision of the rules in this chapter is held or if the application of any provision of the rules in this chapter to any person or circumstance is held invalid, the invalidity does not affect any other provision of the rules in this chapter, or the application of any other provision of the rules in this chapter, that can be given effect without the invalid provision or application, and, to this end, the provisions of the rules in this chapter are hereby declared severable.

(B) Filing request for hearing

(1) In order to request a hearing under Chapter 119. of the Revised Code, a respondent or his/her representative shall file in writing a statement requesting such adjudication hearing within thirty days of the date of mailing of the board's notice of opportunity for hearing. The date of mailing shall be the date appearing on the certified mail receipt.

(2) A respondent or his/her representative properly filing a request for an adjudication hearing shall be entitled to such adjudication hearing within fifteen days but not sooner than seven days after such request has been filed unless both parties agree or a continuance is granted pursuant to section 119.09 of the Revised Code.

(1) Adjudication hearings may be conducted before an attorney hearing examiner pursuant to Chapters 4757. and 119. of the Revised Code.

(2) All hearings shall be open to the public, but the hearing examiner conducting a hearing may close the hearing to the extent necessary to protect compelling interests and rights or to comply with statutory requirements. In the event the hearing examiner determines to close the hearing, the hearing examiner shall state the reasons therefore in the public record.

(3) The hearing examiner shall conduct hearings in such a manner as to prevent unnecessary delays, maintain order, and ensure the development of a clear and adequate record.

(4) The authority of the attorney hearing examiner shall include, but not be limited to, authority to:

(a) Administer oaths and affirmations;

(b) Examine witnesses and direct witnesses to testify;

(d) Make rulings on procedural motions, whether such motions are oral or written;

(e) Hold prehearings and status conferences;

(f) Request briefs before, during or following the hearing, as well as suggested findings, orders, and conclusions of law within such time limits as the attorney hearing examiner may determine;

(g) Prepare entries, findings, orders, or reports and recommendations;

(h) Request preparation of entries, findings, or orders;

(i) Make rulings on requests to broadcast, record, televise or photograph the hearing;

(j) Determine the order in which any hearing shall proceed;

(k) Take such actions as may be necessary to accomplish the purpose of paragraph (C) of this rule.

(5) The authority of the attorney hearing examiner shall not include authority to:

(a) Grant motions for dismissal of charges;

(b) Modify, compromise, or settle charges or allegations.

(6) The attorney hearing examiner shall have such powers, duties, and authorities as are granted by statutes or rules.

(7) All rulings on evidence and motions and on any other procedural matters shall be subject to review by the board upon presentation of the proposed findings of fact and conclusions of law of the attorney hearing examiner. When such rulings warrant, the matter may be remanded to the attorney hearing examiner.

(D) Continuance of hearing

(1) The board shall initially continue a hearing upon its own motion for a period of not less than thirty days in order to more efficiently conduct its business unless the circumstances establish that a continuance would not serve the interest of justice.

(2) The executive director of the board may continue a hearing upon the written motion of a representative of record.

(3) Hearings shall not be continued upon motion by a representative of record unless a showing of reasonable cause and proper diligence is presented. Before granting any continuance, consideration shall be given to harm to the public that may result from delay in proceedings. In no event will a motion for a continuance by a representative of record, requested less than five days prior to the scheduled date of the hearing, be granted unless it is demonstrated that an extraordinary situation exists which could not have been anticipated and which would justify the granting of a continuance.

(4) If a continuance is granted, the board's executive director shall immediately establish a new hearing date, unless circumstances prohibit.

(5) Hearings may be continued due to the unavailability of a subpoenaed witness at the discretion of the attorney hearing examiner. The attorney hearing examiner may hold the record open to accept a deposition in lieu of live testimony of a subpoenaed witness.

(E) Notice of hearings: notice specifying the date, time, and place set for hearing shall be mailed by certified mail to the representatives of record.

(F) Transcripts: duplicate transcripts of the stenographic record taken at hearing may be obtained directly from the court reporter at the requestor's expense.

(G) Subpoenas for purposes of hearings

(1) Upon written request of either party, the board shall issue subpoenas of hearing to compel the attendance and testimony of witnesses and production of books, records and papers at the administrative hearing. Each subpoena shall indicate on whose behalf the witness is required to testify.

(2) For purposes of a hearing conducted under Chapter 119. of the Revised Code, subpoena requests shall specify the name and address of the individual to be served and the date, time and location at which they are to appear at the administrative hearing. If the subpoena includes a duces tecum request, the specific documents or tangible things to be produced at the administrative hearing shall be listed in the request.

(3) Except upon leave of the executive director, subpoena requests are to be filed with the board at least fourteen days in advance of the requested date of compliance in order to allow sufficient time for preparation and service of the subpoenas.

(4) In the event that the number of subpoenas requested appears to be unreasonable, the board or its attorney hearing examiner may require a showing of necessity therefore, and, in the absence of such showing, may limit the number of subpoenas. Absent such a limitation, subpoenas shall be issued within five days of request. Failure to issue subpoenas within this time may constitute sufficient grounds for the granting of a continuance.

(5) After the hearing has commenced, the board or its attorney hearing examiner may order the issuance of subpoenas for purposes off hearing to compel the attendance and testimony of witnesses and production of books, records, and papers.

(6) Upon motion and for good cause, the board's executive director or its attorney hearing examiner may order any subpoena be quashed. The board shall make a reasonable attempt to contact any witness whose subpoena has been quashed.

(H) Reports and recommendations

(1) Within forty-five days following the close of an adjudication hearing conducted pursuant to Chapter 119. of the Revised Code, the attorney hearing examiner shall submit a written report setting forth proposed findings of fact and conclusions of law and a recommendation of the action to be taken by the Board.

(2) A copy of such written report shall be issued to the respondent and the representatives of record. The respondent and/or the respondent's representative of record may, within ten days of receipt of the attorney hearing examiner's report and recommendations, file written objections to the report and recommendations. Only those objections filed in a timely manner shall be considered by the board before approving, modifying, or disapproving the attorney hearing examiner's recommendations.

(3) The board shall consider the attorney hearing examiner's report and recommendations and any objections at its next regularly scheduled meeting after the time for filing objections has passed. At that time, the board may order additional testimony to be taken or permit the introduction of further documentary evidence, or act upon the report and recommendations. For purposes of taking such additional testimony or documentary evidence, the board may direct the attorney hearing examiner to collect additional testimony or evidence to support the submitted report and recommendations.

(4) Without leave of the board, the respondent or any representative of the respondent of record shall not be permitted to address the board at the time of consideration of the attorney hearing examiner's report and recommendations. Any request for such leave shall be filed by motion no less than five days prior to the date the report and recommendations is to be considered by the board and shall be served upon the representative of record.

(5) If a request to address the board is granted, the opposing representative may also address the board.

(I) Exchange of documents and witness lists

(1) Any representative of record may serve upon the opposing representative of record a written request for a list of both the witnesses and the documents intended to be introduced at hearing. Within twelve business days of service of that request, the opposing representative shall provide a response to the requesting representative. All final lists requested under this rule shall be exchanged no later than seven business days prior to the commencement of the administrative hearing

(2) Failure without good cause to comply with paragraph (I)(1) of this rule may result in exclusion from the hearing of such testimony or documents, upon motion of the representative to whom disclosure is refused.

(J) Prior action by state of Ohio counselor, social worker and marriage and family therapist board: the attorney hearing examiner shall admit evidence of any prior action entered by the state of Ohio counselor and social worker board against the respondent, including formal disciplinary action or warning letters.

(K) Stipulation of facts: Representatives of record may, by stipulation, agree on any or all facts involved in proceedings before the attorney hearing examiner. The attorney hearing examiner may thereafter require development of any fact deemed necessary for just adjudication.

(L) Witnesses

(1) All witnesses at any administrative hearing or during any deposition in lieu of live testimony at hearing shall testify under oath or affirmation.

(2) A witness may be accompanied and advised by legal counsel. Participation by counsel for a witness other than the respondent is limited to protection of that witness's rights, and that legal counsel may neither examine nor cross-examine any witness.

(3) Should a witness refuse to answer a question ruled proper at a hearing or disobey a subpoena, the state of Ohio counselor and social worker board may institute contempt proceedings pursuant to section 119.09 of the Revised Code.

(4) Any representative of record may move for a separation of witnesses. Expert witnesses shall not be separated.

(5) No witness shall be permitted to testify as to the nature, extent, or propriety of disciplinary action to be taken by the board. A witness may, in the discretion of the attorney hearing examiner, testify as to an ultimate issue of fact.

(M) Conviction of crime: a certified copy of a plea of guilty to, or a judicial finding of guilt of any crime in a court of competent jurisdiction is conclusive proof of the commission of all of the elements of that crime.

(N) Evidence: the "Ohio rules of evidence" may be taken into consideration by the board or its attorney hearing examiner in determining the admissibility of evidence, but shall not be controlling.

(O) Reinstatement of license registration: any disciplinary action taken by the board which results in suspension from practice shall either lapse by its own terms or contain a written statement of the conditions under which the license or registration may be reinstated. Such conditions may include, but are not limited to:

(1) Submission of a written application for reinstatement;

(2) Payment of all appropriate fees as provided in Chapter 4757. of the Revised Code;

(3) Mental or physical examination, at the expense of the respondent;

(4) Additional education or training;

(5) Re-examination;

(6) Practice limitation;

(7) Participation in, and successful completion of, appropriate mental health treatment programs;

(8) Demonstration that the licensee can resume practice in compliance with acceptable and prevailing standards;

(9) Supervision, at the respondent's expense, by an appropriate supervisor as determined by the board;

(10) Satisfactory completion of all terms, conditions or limitations placed upon the licensee through a board approved consent agreement or adjudication order.

Last updated August 18, 2025 at 7:17 AM

History

Effective: August 18, 2025
Promulgated Under: 119.03

Chapter 4757-13 Licensing of Counselors

Ohio Adm.Code 4757-13-01 Education requirements for admission to the examination for licensed professional counselor.

The requirements for licensure as a licensed professional counselor are set forth in section 4757.23 of the Revised Code. All "Council for Accreditation of Counseling and Related Educational Programs" "CACREP" accredited clinical mental health programs, clinical rehabilitation counseling programs, or addiction counseling programs are deemed to be approved programs per division (B)(3)(c) of section 4757.23 of the Revised Code. "CACREP" accredited mental health program degrees conferred prior to January 1, 2018 are accepted as meeting the educational standards of this rule per division (B)(3)(b) of section 4757.23 of the Revised Code. Applicants from other accredited counseling programs shall meet the following standards per division (B)(3)(d) of section 4757.23 of the Revised Code.

(A) Pertaining to the educational requirements, a "graduate degree in counseling" means a degree that meets all of the following criteria:

(1) The degree and/or the official transcript of course work shall clearly indicate that the degree awarded is a degree in counseling. Graduate degrees in other human service areas such as psychology, social work and marriage and family therapy are not considered degrees in counseling.

(2) The program shall be clearly identified as a counseling program. Such a program shall specify in pertinent institutional catalogues and brochures its intent to educate and train professional counselors.

(3) The counseling program shall stand as a recognizable organizational entity within the institution and have a counseling faculty who identify with the counseling profession.

(4) The counseling program shall be an organized sequence of study that includes graduate coursework in the following areas of counselor education.

(a) Counseling theory: Includes a study of basic theories, principles of counseling and philosophical bases of the helping relationship;

(b) Counseling techniques: Includes individual counseling practices, methods, facilitative skills, and the application of these skills;

(c) Practicum: includes a supervised training experience, acceptable to the board, consisting of the provision of counseling to bona fide clients, and/or groups seeking services from counselors.

A practicum must conform to CACREP standards in place at the time the practicum is completed.

(d) Internship: Includes an on-the-job experience in professional counseling acceptable to the board.

(i) The internship must meet CACREP standards, however, at its discretion the committee may waive certain internship hours or approve alternative means of completing internship requirements, provided the counselor education program can attest to the competence of the applicant following completion of the internship.

(ii) First time applicants from non-CACREP accredited programs who are intending to use the internship experience to meet the educational requirements of the board shall document their internship experience on a form prescribed by the board. The form shall be completed by the supervisor or supervisors and shall document the student's competency in all areas designated on the form.

(e) Human growth and development: Includes studies that provide a broad understanding of the nature and needs of individuals at all developmental levels. Emphasis is placed on psychological, sociological, and physiological approaches, human behavior, (normal and abnormal), personality theory, and learning theory.

(f) Social and cultural foundations: Includes studies of change, ethnic groups, subcultures, changing roles of women, sexism, racism, ethnocentrism, urban and rural societies, population patterns, cultural mores, use of leisure time, and differing life patterns.

(g) Group dynamics, processing and counseling: includes the study of group dynamics, group processes, practices and methods of group counseling, supervised practice, supervised facilitative skills, and theory and types of groups.

(h) Life-style and career development: includes vocational-choice theory, relationship of career choice to life-style, sources of occupational and educational information, approaches to career decision-making processes, and career development exploration techniques.

(i) Appraisal of the individual through: testing includes the development of a framework for understanding the individual, methods of data-gathering and interpretation, case study approaches, individual and group psychological and educational testing and the study of individual differences with consideration of ethnic, cultural and gender factors.

(j) Research and evaluation: Includes statistics, research design, the development of research and demonstration proposals, as well as the development and evaluation of program objectives.

(k) Professional, legal, and ethical: includes the study of professional counseling organizations, codes of ethics, legal considerations, standards of preparation, certification and licensure including the Ohio licensure law, and the professional role identity of counselors.

(5) In addition, either as a part of the applicant's master's degree or after the award of the degree, graduate coursework shall include training in the following areas of instruction acceptable to the board:

(a) Evaluation of mental and emotional status: includes the use of assessment procedures in diagnosis and treatment planning. Focuses on the administering and interpreting individual and group standardized tests of mental ability, and personality and measurement.

(b) Diagnosis of mental and emotional disorders: includes the appropriate use of the current edition of the "Diagnostic and Statistical Manual for Mental Disorders," and an understanding of the "International Classification of Diseases." Focuses on conducting mental status examinations, and on the development and recognition of a framework for identifying symptomology, etiology and psychodynamics of mental and emotional disorders. Includes the study of clinical psychopathology, personality, and abnormal behavior, personality disorders, and psychopathological conditions specific to developmental phases throughout the life span, and their application to counseling practice.

(i) Psychological and educational methods of intervention, such as client-centered, psychoanalytic, hypnotherapy, rational-emotive therapy, and reality therapy.

(ii) Culturally sensitive intervention techniques used with diverse populations such as minorities, children, substance abusers, gay and lesbian individuals and individuals who are physically or mentally challenged.

(iii) Intervention strategies used in different situations such as marriage and family problems, crisis situations, bereavement, sex therapy, rehabilitation, child abuse and multicultural counseling.

(d) Treatment of mental and emotional disorders: includes developing and implementing a treatment plan, reporting and assessing progress of treatment, appropriate referral procedures, formulation of timelines for treatment and knowing the effect on client behavior and the interaction of psychotropic medications and mood altering chemicals in the treatment of mental and emotional disorders.

(B) Applicants who are denied admission to the examination shall be afforded an opportunity for a hearing pursuant to Chapter 119. of the Revised Code.

(C) Program requirements for counseling programs are defined in rule 4757-13-07 of the Administrative Code. Applicants from approved programs shall be considered to have met the educational requirements of this rule.

Last updated March 21, 2022 at 8:34 AM

History

Effective: March 21, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4757-13-02 Requirements for licensure as a professional counselor.

All applicants for licensure as a professional counselor shall:

(A) Meet the educational requirements as established in rule 4757-13-01 or 4757-13-06 of the Administrative Code.

(B) Successfully complete the licensure examination prescribed by the counselor professional standards committee. Applicants shall have passed the required examination within seven years of application date, unless they are currently licensed in an equivalent capacity in another state and passed the prescribed examination as part of the licensure requirements in that state.

(D) Have met all of the initial application requirements established in rule 4757-1-04 of the Administrative Code.

Last updated December 27, 2023 at 8:20 AM

History

Effective: December 26, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4757-13-03 Requirements for licensure as a licensed professional clinical counselor.

(A) In addition to meeting educational and other requirements as established in rules 4757-13-01 and 4757-13-02 of the Administrative Code, applicants for licensed professional clinical counselor shall meet the following experience and examination requirements as a licensed professional counselor:

(1) An applicant with a qualifying master's or other graduate degree which is not a doctorate in counseling shall have completed two years of post-licensed professional counselor supervised experience in clinical counseling, which includes the diagnosis and treatment of mental and emotional disorders.

(2) An applicant with a doctorate in counseling shall have completed two years of supervised experience in clinical counseling, which includes the diagnosis and treatment of mental and emotional disorders. At least one year and a minimum of fifteen hundred hours of supervised experience shall be completed after the award of the doctoral degree and as a licensed professional counselor and one year and a maximum of fifteen hundred hours of supervised experience may be completed as a part of a doctoral internship at a board approved counselor education program.

(3) An applicant licensed as a licensed professional counselor by this board prior to the requirement of sixty semester hours and the clinical coursework in paragraph (A)(5) of rule 4757-13-01 of the Administrative Code, shall use supervised experience as a professional counselor to meet this requirement.

(4) A minimum of two years of supervised practice by the applicants shall be in a clinical setting, which shall have a primary focus on the diagnosis and treatment of mental and emotional disorders. Each year of supervised experience in clinical counseling required under section 4757.22 of the Revised Code and under this rule shall meet paragraphs (A)(4)(a), (A)(4)(b) and (B) of this rule unless the committee approves experience under paragraph (A)(4)(c) or (A)(4)(d) of this rule.

(a) At least fifteen hundred hours of work, by the applicant, of which a minimum of fifty per cent of the work consists of face-to-face client contact involving the delivery of clinical counseling services, which include the diagnosis and treatment of mental and emotional disorders. Not more than fifteen hundred hours of experience may be accrued in any twelve month period. If the supervised experience totaled less than the fifteen hundred hours, in a twelve month period credit will be granted for the fraction of a year's experience represented by the number of hours worked; and

(b) The experience was under the direct supervision of a licensed professional clinical counselor, psychologist, psychiatrist, independent social worker with a clinical area of competence, or other independently licensed mental health professional acceptable to the counselor professional standards committee. All supervision obtained in Ohio shall be provided by a licensed professional clinical counselor with supervision designation. Exceptions to this rule, due to hardship, shall be made in writing to the committee.

(c) Supervised counseling experience obtained out of state may count toward the supervised experience requirement. Applicants shall request this consideration in writing from the counselor professional standards committee. If licensed in another state with more than five years clinical experience, applicants shall apply under rule 4757-13-06 of the Administrative Code.

(d) Elementary or secondary schools and college or university academic advising, admissions, and placement centers are not clinical settings where diagnosis and treatment of mental and emotional disorders are routinely within the scope of practice. Applicants who believe that they are conducting diagnosis and treatment of mental and emotional disorders have the burden of proving to the counselor professional standards committee that their experience meets the requirements as defined in paragraphs (A)(4)(a) to (A)(4)(c) of this rule.

(B) An applicant for licensed professional clinical counselor shall pass a field evaluation prescribed by the board to evaluate the applicant's competence in diagnosing and treating mental and emotional disorders. The applicant shall further provide supervision evaluations within thirty days following the completion of the first fifteen hundred hours of supervised experience required under paragraph (A) of this rule, and again, at the completion of the full three thousand hours of supervised experience on forms provided by the board.

(1) The field evaluation shall contain documented evidence of the quality, scope and nature of the applicant's field experience and competence in diagnosis and treating mental and emotional disorders and be submitted on a form prescribed by the counselor professional standards committee.

(2) The field evaluation shall be completed by the applicant's supervising counselors.

(3) The supervision evaluations shall be completed by the supervising counselor for the applicant within thirty days of the accumulation of fifteen hundred and three thousand total hours of supervised experience.

(C) An applicant for licensed professional clinical counselor shall successfully complete the licensure examination prescribed by the counselor professional standards committee within two years of application. Applicants shall have passed the required examination within seven years of application date, unless they are currently licensed in an equivalent capacity in another state and passed the prescribed examination as part of the licensure requirements in that state;

(D) Applicants, who are denied licensure, shall be afforded an opportunity for a hearing pursuant to Chapter 119. of the Revised Code.

Last updated April 13, 2026 at 8:37 AM

History

Effective: April 13, 2026
Promulgated Under: 119.03

Ohio Adm.Code 4757-13-04 Licensure and education requirements for admission of applicants holding a doctoral degree in counselor education to the examination for professional counselor, who do not meet the education requirements in rule 4757-13-01 of the Administrative Code.

(A) The requirements for licensure as a professional counselor are generally set forth in sections 4757.22 and 4757.23 of the Revised Code. Applicants holding a doctoral degree in counselor education have completed considerable numbers of hours of coursework beyond the minimum requirements. Applicants shall be granted a licensed professional counselor license once they meet the requirements in paragraphs (B) and (C) of this rule. Applicants holding a license in another state shall apply under endorsement per rule 4757-13-06 of the Administrative Code.

(B) If an applicant holds a doctoral degree in counselor education, but is missing specific courses required in paragraph (A)(5) of rule 4757-13-01 of the Administrative Code, the board may offer them a consent agreement for professional counselor licensure with the following stipulations:

(1) The applicant shall have completed all core courses in paragraph (A)(4) of rule 4757-13-01 of the Administrative Code with emphasis on the internship including the diagnosis and treatment of mental and emotional disorders.

(2) The applicant shall document completion of all clinical courses in paragraph (A)(5) of rule 4757-13-01 of the Administrative Code before he or she is able to renew the professional counselor license. Should the coursework not be completed the professional counselor license may not be renewed until the course work is completed and documented by a transcript received at the board directly from the institution. The transcript courses shall be acceptable course(s) if they meet the requirements of paragraph (J)(1) of rule 4757-3-01 of the Administrative Code.

(3) The consent agreement shall clearly delineate the necessary coursework to meet the requirements of paragraph (A)(5) of rule 4757-13-01 of the Administrative Code.

(1) Meet the educational requirements as established in paragraph (B) or (C) of this rule; and

(2) Successfully complete the licensure examination prescribed by the counselor professional standards committee. Applicants for the professional counselor examination shall have passed the required examination in accordance with rule 4757-13-02 of the Administrative Code; and

(3) Meet the board's requirements for criminal convictions as established under section 9.79 of the Revised Code, and

(4) Have met all of the initial application requirements established in rule 4757-1-04 of the Administrative Code.

Last updated March 21, 2022 at 8:35 AM

History

Effective: March 21, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4757-13-05 Professional counselor and professional clinical counselor examination policy.

(A) Applicants shall be approved prior to sitting for the examinations. When an applicant is approved they shall receive admission correspondence from the board. This correspondence shall be presented to the testing administrator for admission to the examination. The letter shall be in effect for up to twelve months. If the examination is not taken within the time frame applicants shall request another admission letter.

(B) Applicants who fail the examination shall be required to follow the re-take policy of the examination owner or administrator.

Last updated July 2, 2024 at 10:33 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-13-06 Endorsement of a professional counselor or professional clinical counselor license.

(A) An applicant requesting licensure as a professional counselor or professional clinical counselor via reciprocity shall submit to the board all of the following:

(1) A completed licensure application for the level of licensure for which the applicant is seeking licensure;

(2) The required fee established by the board under paragraph (B) of rule 4757-1-05 of the Administrative Code;

(3) Upon request of the board, if such information cannot be obtained by the board via an online license verification, an official statement, which indicates applicant is currently licensed, certified, registered, or otherwise authorized to practice as a professional counselor or professional clinical counselor in another jurisdiction;

(4) Upon request of the board, if such information cannot be obtained by the board via an online license verification, an official statement from any and all jurisdictions where the applicant is currently or has been previously licensed, certified, registered, or otherwise authorized to practice as a professional counselor or professional clinical counselor indicating whether the applicant is in good standing and whether disciplinary action has been taken or is pending against the applicant;

(5) Documentation the applicant has passed the examination required by the board for the level of licensure for which the applicant is applying;

(6) Criminal background checks indicating the applicant has committed no disqualifying offenses.

(7) Any additional documentation requested by the board that would assist the board in making a determination based on paragraphs (B)(1) to (B)(7) of this rule.

(B) The counselor professional standards committee may consider the following factors to determine whether to grant the applicant a license via reciprocity:

(1) Whether the applicant has passed a national examination or other exam acceptable to the board for level of licensure for which the applicant is applying;

(2) Whether the applicant's license is currently in good standing in another jurisdiction and whether applicant has been disciplined in another jurisdiction;

(3) The number of years the applicant has practiced as a professional counselor or professional clinical counselor in another jurisdiction.

Last updated December 27, 2023 at 8:20 AM

History

Effective: December 26, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4757-13-07 Counselor program approval.

(A) Except as defined in paragraph (D) of rule 4757-13-07 of the Administrative Code, all Ohio programs are required to be accredited by the Ohio department of higher education and are required to be "Council for Accreditation of Counseling and Related Educational Programs" "CACREP" clinical mental health program, clinical rehabilitation counseling program, or addiction counseling program accredited by January 1, 2018; and if so accredited are deemed to be approved programs per division (B)(2) of section 4757.23 of the Revised Code.

(B) Programs that are "CACREP" accredited in mental health, clinical mental health, clinical rehabilitation counseling program, or addiction counseling program are deemed to have met the requirements and shall be verified by the "CACREP" website or copy of the approval letter from "CACREP" sent to the board by the program.

(C) Supervision of students shall meet the requirements established in "CACREP" accreditation standards for clinical mental health counseling programs, clinical rehabilitation counseling programs, or addiction counseling programs. Students registered as counselor trainees with the board shall further meet supervision requirements per rule 4757-17-01 of the Administrative Code.

(D) Ohio counselor education programs not yet accredited by CACREP may apply to the board for temporary approval to enroll students pending the award of CACREP accreditation.

(1) Programs may be approved for an initial two year period by the counselor professional standards committee of the board. At the discretion of the board, approval may be extended for up to two additional years if the program demonstrates progress in attaining accreditation as confirmed by the accrediting body.

(2) To be considered for temporary permission for its graduates to be considered eligible to sit for the licensed professional counselor examination, programs must submit the following to the board:

(a) Letter of introduction describing the proposed program and the proposed accreditation timeline, including when the first cohort of students will be enrolled;

(b) Letter of committment to obtain accreditation executed by the academic officer responsible for the division or department administering the counselor education program;

(d) Proposed program administrative documents such program handbooks for students and faculty; and

(e) Curriculm vitae and/or resumes of all current or proposed program faculty. If not all faculty are currently employed by the program, include proposed job descriptions or an outline the expected qualifications as well as a plan for hiring qualified faculty.

(3) If a temporarily approved program fails to attain accreditation or withdrawals from the accreditation process, students enrolled as of the date of notification of failure to attain accreditation or the date on which the program voluntarily withdraws, will be eligible to apply for licensure provided the student meets all other licensure requirements in effect at the time of application for licensure.

(4) Programs that fail to attain accreditation are barred from seeking permission to enroll students under this rule for a period of five years.

History

Effective: September 2, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4757-13-08 Approval of applications for professional counselor licenses.

Applications for professional counselor licenses shall be approved per sections 4757.04, 4757.16, 4757.22 and 4757.23 of the Revised Code and this rule.

(A) Applications that meet the basic requirements as detailed below shall be approved upon receipt of all applicable parts.

(B) Applications for professional counselor license that meet the basic requirements for licensure in section 4757.23 of the Revised Code and rules 4757-1-04 and 4757-13-01 of the Administrative Code shall be approved if the following conditions are met:

(1) A complete application for professional counselor per rule 4757-1-04 of the Administrative Code is received with no questions requiring additional review by the counselor professional standards committee "CPSC" such as felony convictions, loss of license in another state, etc.

(2) Transcript(s) from an accredited educational institution of a master's or doctoral degree in professional counseling that meets paragraph (A) of rule 4757-13-01 of the Administrative Code.

(3) Proof of passing an examination acceptable to the CPSC for the purpose of determining ability to practice as a professional counselor.

(4) Documentation of internship experience on a form prescribed by the CPSC per paragraph (A)(4)(d) of rule 4757-13-01 of the Administrative Code.

(C) Voluntary applications by students for counselor trainee that meet the basic requirements for registration per section 4757.10 of the Revised Code and rules 4757-1-04 and 4757-13-09 of the Administrative Code shall be approved if the following conditions are met:

(1) A complete application for counselor trainee per rule 4757-1-04 of the Administrative Code is received with no questions requiring additional review by the CPSC such as felony convictions, loss of license in another state, etc.;

(2) Transcript(s) or class enrollment document is provided showing registration in a practicum or internship from an accredited educational institution of a master's or doctoral degree in counseling that meets the first paragraph of rule 4757-13-01 of the Administrative Code or paragraph (A) of rule 4757-13-01 of the Administrative Code; and

(3) Documentation of agreement to provide supervision from a professional clinical counselor with training supervision designation.

(D) Applications for professional clinical counselor license that meet the basic requirements for licensure in section 4757.22 of the Revised Code and rules 4757-1-04 and 4757-13-03 of the Administrative Code shall be approved if the following conditions are met:

(1) A complete application for professional clinical counselor per rule 4757-1-04 of the Administrative Code is received with no questions requiring additional review by the CPSC such as felony convictions, loss of license in another state, etc.

(2) Transcript(s) is provided directly from an accredited educational institution of a master's or doctoral degree in counseling that meets paragraph (A) of rule 4757-13-01 of the Administrative Code.

(3) Proof of completion of at least two years of post-licensure professional counselor experience as required in paragraph (A) of rule 4757-13-03 of the Administrative Code.

(4) Proof of passing examination acceptable to the CPSC for the purpose of determining ability to practice as a professional clinical counselor.

(5) Proof of passing a field evaluation per paragraph (B) of rule 4757-13-03 of the Administrative Code.

(E) Applications that meet the requirements of rule 4757-13-06 of the Administrative Code.

(F) Applications that meet the following conditions shall be prepared for the next CPSC meeting, if received at least ten days prior to the meeting. Additional documentation is required from applicants concerning the issues delineated in this paragraph to provide the information needed for the CPSC to complete its review and approval, unless authority to approve is specifically delegated by the board to staff.

(1) Applications that have answered questions such that a more detailed review by the CPSC is required such as felony convictions, loss of license in another state, etc.

(2) Applications with questionable qualifying degrees.

(3) Applications for which staff believe additional information is required for the CPSC's review.

Last updated December 27, 2023 at 8:21 AM

History

Effective: December 26, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4757-13-10 Requirement for a temporary counselor license.

(A) An applicant who wishes to obtain a temporary license shall submit a completed licensure application, as prescribed by the board.

(B) The temporary application shall be submitted with the required fee per paragraph (D) of rule 4757-1-05 of the Administrative Code.

(C) The application shall be reviewed by a staff member of the board, to determine whether the applicant appears to have the appropriate degrees and/or experience to meet the requirements for the actual license they seek.

(D) If staff determines that the applicant meets the requirements for the license for which they are applying, a temporary license will be issued to applicant. This temporary license will allow the applicant to work legally in Ohio during the period during which it is in effect.

(E) The applicant shall have passed the examination for the license which they seek prior to the issuance of the temporary license.

(F) A temporary license may be issued by the board for a period not to exceed ninety days to an otherwise qualified applicant who has completed the educational requirements for licensure but is awaiting the actual awarding of the degree. A temporary license may be renewed one time for a period not to exceed ninety days.

(1) That they have met all the academic requirements for the degree as confirmed by the academic program, and

(2) When the degree will be/was conferred.

(G) A temporary license is valid from the date of issuance until the earliest of one of the following:

(1) The date the applicant's license is issued under section 4757.22 or 4757.23 of the Revised Code;

(2) Ninety days after the temporary license has been issued;

(3) The date the applicant withdraws their application for licensure;

Last updated March 21, 2022 at 8:35 AM

History

Effective: March 21, 2022
Promulgated Under: 119.03

Chapter 4757-15 Scope of Practice for Counselors

Ohio Adm.Code 4757-15-01 Scope of practice for licensed professional counselor.

Each licensed professional counselor has a personal competency within the license's scope of practice, which is determined by their education, training and practice as defined in paragraph (A) of rule 4757-5-02 of the Administrative Code (ethics). A licensed professional counselor as a private practitioner or an employee of an agency may for a fee, or salary, or other considerations:

(A) A licensed professional counselor may render to individuals, groups, organizations, or the general public counseling services involving the application of clinical counseling principles, methods, or procedures to assist individuals in achieving more effective personal, social, educational, or career development and adjustment.

(B) "Apply clinical counseling principles, methods, and procedures," means an approach to counseling that emphasizes the counselor's role in systematically assisting clients through all of the following: Assessing and analyzing emotional conditions, exploring possible solutions, and developing and providing a treatment plan for mental and emotional adjustment or development. It may include counseling, appraisal, consulting, supervision, administration and referral.

(C) Engage in the diagnosis and treatment of mental and emotional disorders when under the supervision of a professional clinical counselor, psychologist, psychiatrist, independent marriage and family therapist, or independent social worker.

(D) Provide training supervision for students and registered counselor trainees when services are within their scope of practice, which does not include supervision of the diagnosis and treatment of mental and emotional disorders.

Last updated April 15, 2024 at 1:39 PM

History

Effective: November 3, 2014
Promulgated Under: 119.03

Ohio Adm.Code 4757-15-02 Scope of practice for a licensed professional clinical counselor.

Each licensed professional clinical counselor has a personal competency within the license's scope of practice, which is determined by their education, training and practice as defined in paragraph (A) of rule 4757-5-02 of the Administrative Code (ethics). A licensed professional clinical counselor may for a fee, salary, or other considerations:

(A) Engage in all practices, principles, methods, and procedures permitted under rule 4757-15-01 of the Administrative Code.

(B) Engage, as a private practitioner, in the unsupervised diagnosis and treatment of mental and emotional disorders as defined in division (F) of section 4757.01 of the Revised Code.

(C) Independently, as an employee of an agency, without supervision, perform or approve a diagnosis and/or develop or approve a treatment plan as required for record keeping, insurance purposes, accreditation, or governmental requirements.

(D) Provide work supervision for licensed professional counselors, social workers, social worker temporaries, social work assistants, and marriage and family therapists; and supervision of chemical dependency counselors and certified prevention specialist assistants as specified in Chapter 4758. of the Revised Code; and training supervision for students, registered counselor trainees and licensed professional counselors per rule 4757-17-01 of the Administrative Code.

Last updated March 21, 2022 at 8:36 AM

History

Effective: March 21, 2022
Promulgated Under: 119.03

Chapter 4757-17 Supervision of Counselors

Ohio Adm.Code 4757-17-01 Counseling supervision.

This rule applies to all licensed professional counselors who are working toward licensure as licensed professional clinical counselors and counselor trainees seeking licensure under rules 4757-13-01 and 4757-13-03 of the Administrative Code. This rule also applies to licensed professional counselors who are diagnosing and treating mental and emotional disorders under the work supervision of an independently licensed mental health professional.

(A) Supervision: "Clinical supervision" or "Work supervision" is supervision required of licensed professional counselors whose practice includes the diagnosis and treatment of mental and emotional disorders. This supervision requires the evaluation of the supervisee's performance; professional guidance to the supervisee; approval of the supervisee's intervention plans and their implementation; the assumption of responsibility for the welfare of the supervisee's clients; and assurance that the supervisee functions within the limits of the supervisee's license. The supervisor must have access to the supervisee's client documentation. Supervision must occur on a regular and consistent basis, such that the supervisor can evaluate the client progress and the performance of the supervisee. The clinical/work supervisor will review the case notes of the licensed professional counselor. The assessment, diagnosis, treatment plan, revisions to the treatment plan, correspondence and transfer or termination of the client(s) shall be approved by the supervisor and shall be made available to the board upon request. Licensed professional counselors shall disclose to their clients on all printed and electronic material that they are under the supervision of an appropriately licensed mental health professional when diagnosing and treating mental and emotional disorders. The supervisee shall on all printed and electronic materials also disclose to their clients the name(s) of said professional(s). The work/clinical supervisor may be subject to discipline when the board determines the supervisor failed to provide proper supervision to a dependent licensee under supervision.

(B) "Training supervision" is supervision of all individuals who are gaining the experience required for a license as a licensed professional clinical counselor, or a license as a licensed professional counselor, or a counselor trainee registered with the board and enrolled in a practicum or internship class. Training supervision is provided for the purposes of obtaining a license and/or development of new areas of proficiency while providing services to clients. The training supervisor is responsible for providing direction to the supervisee, who applies counseling theory, standardized knowledge, skills, competency, and applicable ethical content in the practice setting. The supervisor and the supervisee both share responsibility for carrying out their role in this collaborative process of professional growth and development. This type of supervision is an intentional process that requires extensive time and involvement on the part of the supervisor in order to help supervisees improve their skills and/or learn new skills. Supervision must start with an initial face to face meeting, which may be conducted via videoconferencing, after which communication may be in person, via videoconferencing, or by phone. Training supervision shall include an average of one hour of contact between the supervisor and supervisee for every twenty hours of work by the supervisee.

(1) "Individual supervision" is supervision that consists of an interactive face-to-face meeting between one supervisor meeting with no more than two supervisees.

(2) "Group supervision" is supervision that consists of an interactive face-to-face meeting with one supervisor and no more than eight supervisees.

(1) To provide for the protection of consumer and client welfare;

(2) To provide that supervisees function within the limits of their competence;

(3) To provide training in activities relevant to the supervisee's position and academic background; and

(4) To promote the delivery of services in a non-discriminatory manner.

(D) Requirements pertaining to training supervision:

(1) A licensed professional clinical counselor providing supervision shall:

(a) Have demonstrated competence in the area in which they are supervising;

(b) Have training in supervision theory and practice;

(d) Have training in multicultural counseling competencies as defined by the board;

(e) Have a board issued supervision designation; and

(f) Complete and forward to the board all supervision evaluation forms required by the board within thirty days of completing supervision with a supervisee.

(2) Training supervisees may not choose a supervisor who is a family member or who is related to them in any way.

(3) Licensed professional counselors who engage in the diagnosis and treatment of mental and emotional disorders shall do so under the work supervision of a licensed professional clinical counselor, a psychologist, a psychiatrist, an independent marriage and family therapist, or an independent social worker with a clinical area of competence. All licensed professional counselors engaging in training supervision for licensure as licensed professional clinical counselors shall be under the supervision of a licensed professional clinical counselor with supervision designation. All counselor trainees engaging in training supervision for licensure as licensed professional counselors shall be under the supervision of a licensed professional counselor with supervision designation or a licensed professional clinical counselor with supervision designation except that a licensed professional clinical counselor with supervision designation shall supervise the counselor trainee when diagnosing and treating mental and emotional disorders. Requests for exceptions to this rule for training supervision, due to hardship, shall be made in writing to the board.

(4) Individuals in the process of completing the supervised experience required for licensure, which includes interns and trainees, may be employed on a paid basis as long as they are practicing within the scope of practice of the license for which they are applying, and are properly licensed or registered with the board.

(5) Supervisees presenting supervision experience from another state shall provide the vita of their supervisors to demonstrate that their supervisors are licensed to supervise the diagnosis and treatment of mental and emotional disorders and thus are acceptable to the board.

(E) Documentation of training supervision.

(1) Records of training supervision shall be maintained by the supervisee. Supervisors have no obligation to maintain supervision records, however supervisors may do so to ensure they are able to properly document supervision hours. The supervision records shall contain information concerning the dates/times of supervision, content and goals of supervision and shall be signed or acknowledged by the supervisor at least quarterly. The supervision records may be retained on hard copy forms or electronic forms. Logs must be made available to the board upon request.

(2) Upon completion of the required supervision hours to qualify for an licensed professional clinical counselor license, the licensed professional counselor shall request that the licensed professional clinical counselor with supervision endorsement who last provided training supervision submit all accrued training supervision hours to board using an online evaluation form required by the board to document hours accrued. In submitting the hours, the supervisor shall review the log maintained by the licensed professional counselor and shall consider any notes or recommendations of previous supervisors when submitting the evaluation. The training supervisor shall complete the online evaluation form and submit it to the board within thirty days of receipt of the request from the supervisee. In submitting the hours, the supervisor is not obligated to provide a recommendation for independent licensure if the supervisor has determined the supervisee is not qualified at that time for independent practice. Supervisors who fail to timely submit supervision hours upon a request by a supervisee may be subject to disciplinary action. The evaluation may not be submitted to the board prior to the supervisee completing training supervision requirements.

(F) Supervision of licensed professional counselors owning a solo private practice.

(1) A licensed professional counselor (LPC) may be in solo private practice. An LPC who is diagnosing and treating mental and emotional disorders must receive clinical/work supervision.

(2) The clinical/work supervisor may be a licensed independent social worker (LISW), licensed professional clinical counselor (LPCC), independent marriage and family therapist (IMFT), psychologist, or psychiatrist.

(3) Clinical/work supervision shall be conducted on a regular basis. The clinical/work supervisor must have access to the licensed professional counselor's client documentation. The clinical/work supervisor will review the case notes of the licensed professional counselor. The clinical/work supervisor is ultimately responsible for client care. The clinical/work supervisor will review and approve diagnoses, changes in diagnoses, and initial and revised treatment plans.

(4) A licensed professional clinical counselor with supervision endorsement may provide both the clinical/work supervision and the training supervision. In such instances, the licensed professional clinical counselor with supervision endorsement and licensed professional counselor should establish a clear understanding of the supervision expectations, which may include a written contract.

(G) A licensed professional clinical counselor may provide clinical/work supervision to licensees of the Ohio chemical dependency professionals board when such licensees are working solely with substance use disorder clients. The licensed professional clinical counselor who does so must have the appropriate education, training and supervised experience in substance use disorder practice.

(H) A licensed professional counselor, when working with solely substance use disorder clients, but not dual-diagnosis clients, may receive clinical/work supervision from a licensed independent chemical dependency counselor or licensed independent chemical dependency counselor clinical supervisor licensed by the Ohio chemical dependency professionals board.

(I) Requirements for applying for a training supervision designation.

(1) Licensed professional clinical counselors applying for training supervision designation shall meet the following minimum requirements. Licensed professional counselors who hold the supervision designation prior to January 1, 2013, may continue to hold that designation as long as they maintain it in good standing.

(a) Document a minimum of twenty-four hours of academic preparation or board approved continuing education coursework in counselor supervision training including training six hours in each area as follows:

(i) Assessment, evaluation and remediation which includes initial, formative and summative assessment of supervisee knowledge, skills and self-awareness; components of evaluation e.g. evaluation criteria and expectations, supervisory procedures, methods for monitoring (both direct and indirect observation) supervisee performance, formal and informal feedback mechanisms, and evaluation processes (both summative and formative), and processes and procedures for remediation of supervisee skills, knowledge, and personal effectiveness and self-awareness;

(ii) Counselor development which includes models of supervision, learning models, stages of development and transitions in supervisee/supervisor development, knowledge and skills related to supervision intervention options, awareness of individual differences and learning styles of supervisor and supervisee, awareness and acknowledgment of cultural differences and multicultural competencies needed by supervisors, recognition of relational dynamics in the supervisory relationship, and awareness of the developmental process of the supervisory relationship itself;

(iii) Management and administration which includes organizational processes and procedures for recordkeeping, reporting, monitoring of supervisee's cases, collaboration, research and evaluation; agency or institutional policies and procedures for handling emergencies, case assignment and case management, roles and responsibilities of supervisors and supervisees, and expectations of supervisory process within the institution or agency; institutional processes for managing multiple roles of supervisors, and summative and formative evaluation processes; and

(iv) Professional responsibilities which includes ethical and legal issues in supervision includes dual relationships, competence, due process in evaluation, informed consent, types of supervisor liability, privileged communication, consultation, etc.; regulatory issues include Ohio laws governing the practice of counseling and counseling supervision, professional standards and credentialing processes in counseling, reimbursement eligibility and procedures, and related institutional or agency procedures.

(b) Each licensed professional clinical counselor shall obtain a minimum of one year and fifteen hundred hours of clinical experience, post licensed professional clinical counselor licensure, which shall include the diagnosis and treatment of mental and emotional disorders.

(c) The fifteen hundred hours shall include at least one supervision experience. The licensed professional clinical counselor in training shall observe five training supervision sessions conducted by a licensed professional clinical counselor with a supervisor designation. Following the observation of five training supervision sessions, the licensed professional clinical counselor in training and the supervisor shall conduct a minimum of a one hour review session to process and review the observed sessions. Supervision must start with an initial face to face meeting after which communication may be in person, via videoconferencing, or by phone.

(d) Comply with the American counseling association "ACA" ethical standards pertaining to the supervisory relationship.

(2) All licensed professional counselors and licensed professional clinical counselors shall maintain the training supervision designation by obtaining three hours of counselor professional standards committee approved continuing professional education in supervision.

(3) Licensed professional clinical counselors engaged in training supervision shall be called "licensed professional clinical counselor with training supervision designation" per paragraph (T)(9) of rule 4757-3-01 of the Administrative Code. They shall have adequate training, knowledge, and skill to render competent clinical supervision and shall meet the criteria for work and training supervision as defined in paragraphs (A) and (B) of this rule. Licensed professional counselors engaged in training supervision shall be called "licensed professional counselor with training supervision designation" per paragraph (T)(8) of rule 4757-3-01 of the Administrative Code. They shall have adequate training, knowledge, and skill to render competent non-clinical supervision and shall not supervise the diagnosis and treatment of mental and emotional disorders.

Last updated August 18, 2025 at 7:17 AM

History

Effective: August 18, 2025
Promulgated Under: 119.03

Chapter 4757-18 Art Therapy

Ohio Adm.Code 4757-18-01 Qualifications for a license as a licensed professional art therapist.

(A) To be eligible for a license to practice art therapy under this chapter, an applicant shall meet all of the following requirements:

(1) Be at least eighteen years of age;

(2) Have attained a master's degree or higher degree from a graduate program in art therapy that one of the following applies to at the time the degree was conferred:

(a) The program is approved by the American art therapy association or its successor organization;

(b) The program is accredited by the commission on accreditation of allied health education programs or its successor organization; The board considers the program to be substantially equivalent to a program approved or accredited under paragraph (B)(2)(a) or (B)(2)(b) of this rule.

(3) Have completed at least two years of postgraduate supervised clinical experience in the experience requirements that the art therapy credentials board, its successor organization, or an equivalent organization recognized by the counselor, social worker, and marriage and family therapist board required for an individual to become a registered art therapist at the time the experience was completed.

(4) Have a board certification in good standing with the art therapy credentials board, its successor organization, or an equivalent organization recognized by the counselor, social worker, and marriage and family therapist board.

(5) Have satisfied any other requirements established by the counselor, social worker, and marriage and family therapist board.

(B) Within sixty days after receiving the information described in division of this section and receipt of proof of compliance with section 4757.101 of the Revised Code, the appropriate professional standards committee of the board shall issue a license to practice as an art therapist as required under paragraph (A) of this rule.

(C) This rule does not apply to members of other professions licensed, certified, or registered by this state while performing services within the recognized scope, standards, and ethics of their respective professions.

(D) Applicants applying on or before October 3, 2024, may be issued a license as a licensed professional art therapist if the applicant meets the following requirements:

(1) The applicant holds a credential in good standing with the art therapy credentials board, its successor organization, or an equivalent organization recognized by the counselor, social worker, and marriage and family therapist board.

(2) The applicant has practiced art therapy for at least five years, as demonstrated by holding a qualifying credential in good standing for five or more years.

(3) The applicant satisfies any additional requirements established by the counselor, social worker, and marriage and family therapist board.

Last updated July 2, 2024 at 10:34 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-18-02 Approval of applications for licensure as an art therapist.

(A) Applications that meet the basic requirements as detailed in this rule shall be approved upon receipt of all applicable parts.

(B) Applications for a professional art therapist license that meet the basic requirements for licensure in section 4757.24 of the Revised Code and rules 4757-1-04 and 4757-18-01 of the Administrative Code shall be approved if the following conditions are met:

(1) A complete application for professional art therapist per rule 4757-1-04 of the Administrative Code is received with no questions requiring additional review by the art therapist professional standards committee "APSC" such as felony convictions, loss of license in another state, or other adverse factors.

(2) If required by the board, transcript(s) from an accredited educational institution of a master's or doctoral degree in professional counseling that meets paragraph (A) of rule 4757-13-01 of the Administrative Code.

(3) Proof of passing an examination acceptable to the APSC for the purpose of determining ability to practice as a professional art therapist.

(C) Applications that meet the following conditions shall be prepared for the next APSC meeting, if received at least ten days prior to the meeting. Additional documentation is required from applicants concerning the issues delineated in this paragraph to provide the information needed for the APSC to complete its review and approval.

(1) All applications that have answered questions such that a more detailed review by the APSC is required such as felony convictions, loss of license in another state, or other adverse factor.

(2) All applications with questionable qualifying degrees.

(3) All applications for which staff believe additional information is required for the APSC's review.

Last updated July 2, 2024 at 10:35 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-18-03 Applications for a reciprocal art therapy license.

(A) An applicant requesting licensure as an art therapist via reciprocity shall submit to the board all of the following:

(1) A completed licensure application.

(2) The required fee established by the board under paragraph (B) of rule 4757-1-05 of the Administrative Code.

(3) Upon request of the board, if such information cannot be obtained by the board via an online license verification, an official statement, which indicates applicant is currently licensed, certified, registered, or otherwise authorized to practice as a social worker or independent social worker in another jurisdiction.

(4) Upon request of the board, if such information cannot be obtained by the board via an online license verification, an official statement from any and all jurisdictions where the applicant is currently or has been previously licensed, certified, registered, or otherwise authorized to practice as a social worker indicating whether the applicant is in good standing and whether disciplinary action has been taken or is pending against the applicant.

(5) Documentation the applicant has passed the examination and holds an active certification as a board-certified registered art therapist.

(6) Criminal background checks indicating the applicant has committed no disqualifying offenses.

(7) Any additional documentation requested by the board that would assist the board in making a determination as outlined in paragraph (B) this rule.

(B) The art therapy professional standards committee may consider the following factors to determine whether to grant the applicant a license via reciprocity:

(1) Whether the applicant possesses a master's degree in art therapy awarded by an appropriately accredited institution.

(2) Whether the applicant holds a board certification as a registered art therapist.

(3) Whether the applicant's license is currently in good standing in another jurisdiction and whether applicant has been disciplined in another jurisdiction.

(4) The number of years the applicant has practiced as an art therapist in another jurisdiction.

Last updated July 2, 2024 at 10:35 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-18-04 Scope of Practice for an art therapist.

(A) Art therapy means the integrated use of psychotherapeutic principles and methods with art media and the creative process to assist individuals, families, or groups in doing any of the following:

(1) Improving cognitive and sensory motor function.

(2) Increasing self-awareness and self-esteem.

(3) Coping with symptoms related to stress, anxiety, grief, guilt, anger, and traumatic experiences.

(4) Enhancing cognitive abilities.

(5) Resolving conflicts and distress.

(6) Enhancing social functioning.

(7) Reducing psychiatric symptoms of mental health disorders such as, but not limited to depression, anxiety, posttraumatic stress, and attachment disorders.

(8) Explore feelings, gain insight into behaviors, and reconcile emotional conflicts.

(9) Improve school performance, family functioning and parent/child relationship.

(B) Art therapy includes:

(1) Therapeutic intervention to facilitate alternative modes of receptive and expressive communication, evaluation, and assessment to define and implement art-based treatment plans to address cognitive, behavioral, developmental, and emotional needs within a therapeutic relationship.

(2) Clinical appraisal and treatment activities during individual, couples, family or group sessions, which provide opportunities for expression through the creative process.

(3) Using the process and products of art creation to explore client inner fears, conflicts, and core issues with the goal of improving physical, mental and emotional functioning and well-being;

(4) Using art therapy assessments to determine treatment goals and implement therapeutic art interventions which meet developmental, mental, and emotional needs.

(C) Practice of art therapy means the rendering or offering to render art therapy in the prevention or treatment of cognitive, developmental, emotional, or behavioral disabilities or conditions.

(D) Provide training supervision for students and persons completing supervised experience to qualify for a license as a licensed professional art therapist when services are within their scope of practice.

(E) Persons completing supervised experience to qualify for a license as an art therapist may work in the scope of practice of an art therapist, provided that experience is completed under the supervision of a licensed art therapist and the person under supervision does not hold herself or himself out as a person licensed or registered under this chapter.

(F) Beginning one year after October 3, 2023, no person shall knowingly engage in the practice of art therapy or use the title "art therapist" or a similar title unless the person holds a valid license issued under this chapter that is in good standing.

(G) This rule does not apply to members of other professions licensed, certified, or registered by this state while performing services within the recognized scope, standards, and ethics of their respective professions.

Last updated July 2, 2024 at 10:35 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Chapter 4757-19 Licensing and Registration of Social Workers

Ohio Adm.Code 4757-19-01 Requirements for licensure as a social worker.

The requirements for licensure as a social worker are generally set forth in division (A) of section 4757.28 of the Revised Code. With regard to such applicants, the board hereby prescribes:

(A) That the applicant shall apply for a license in accordance with the provisions of rule 4757-1-04 of the Administrative Code; and,

(B) The applicant shall submit the following;

(1) An applicant for licensure shall submit a completed official application form made under oath and all requested information; and

(2) The applicant's education shall be documented by official college transcripts from the college or university. Educational requirements must be met by completion of educational programs at accredited colleges or universities; and

(3) Submit with the application the required fee per paragraph (D) of rule 4757-1-05 of the Administrative Code; and

(4) Documentation necessary for examination approval as required by rule 4757-19-04 of the Administrative Code; and

(5) Applicants shall have passed the required examination within seven years of application date, unless they are currently licensed in an equivalent capacity in another state and passed the prescribed examination as part of the licensure requirements in that state; and

(6) Applications will be reviewed by the board after all the required information is received. Applicants will be notified by mail or email of the action taken on the application.

(7) Applicants who are denied admission to the examination will be afforded an opportunity for a hearing pursuant to Chapter 119. of the Revised Code.

(C) The applicant shall have a bachelor's degree in social work or a master's degree in social work, or a doctoral degree in social work from an appropriately accredited educational institution; which shows evidence of meeting the following coursework requirements, unless the degree is accredited by CSWE, in which case it is recognized as a qualifying degree in social work:

(1) Coursework in the area of human development and behavior which includes: the social, psychological, and physiological growth of an individual, and the effects of growth of a personality in the social environment.

(2) Social work practice courses taught by an individual with an advanced degree in social work. Coursework shall include methods of social intervention: casework, groupwork, community organization and practice, social research and administration: in addition, three semester hours of coursework or its equivalent in the area of social work research shall be required.

(3) Coursework in social welfare and policy area. Social welfare and policy includes the history of social welfare; policy development and analysis

(4) Coursework in social work theory which includes the study of the principles, which demonstrate various types of bio-psycho-social interventions.

(5) A supervised practicum and/or field experience that meets CSWE requirements, with a primary focus on social intervention coordinated by a an individual with an advanced degree in social work. At its discretion the committee may waive certain field experience hours or approve alternative means of completing the requirements, provided the social work program can attest to the competence of the applicant following completion of the field experience.

(6) The program shall reflect continuous effort to enrich the educational experience by incorporating content on social work professional and legal ethics, and racial ethnic and cultural diversity as well as women's issues into the curriculum.

(D) Per division (A) of section 4757.28 of the Revised Code, a social worker license shall clearly indicate each academic degree earned by the person to whom it is issued. Social worker wall certificates shall be prepared using the following acronyms for the degrees noted and only those earned as of the date of issuance. Licensees or registrants may not use a doctorate designation in their professional capacity unless it is related to the field of mental health and is from an appropriately accredited educational institution. Related degree licensees shall be so noted on their wall certificates as "Licensed Social Worker - Related Degree."

(1) Bachelor of arts - major social work or a related degree shall be "BA" or "BASW."

(2) Bachelor of social work - major social work shall be "BSW."

(3) Bachelor of science in social work - major social work shall be "BSSW."

(4) Bachelor of science - major social work or a related degree shall be "BS."

(5) Master of social work

major social work shall be "MSW."

(6) Master of arts - major social service administration shall be "MASSA."

(7) Master of science - in social administration major in social work shall be "MSSA."

(8) Master of arts - major social work related degree shall be "MA" or "MASW."

(9) Master of science - major social work related degree shall be "MS."

(10) Doctorate of social work - major in social work shall be "DSW."

(11) Doctor of Philosophy

major in social work shall be "PhD."

(12) Doctorate of related area of mental health - related area of mental health majors shall be "PhD-Other."

Last updated March 21, 2022 at 8:36 AM

History

Effective: March 21, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4757-19-02 Requirements for licensure as an independent social worker.

The requirements for licensure as a licensed independent social worker are generally set forth in division (A) of section 4757.27 of the Revised Code. With regard to such applicants, the social work professional standards committee hereby prescribes:

(A) That the applicant shall apply for a license in accordance with the provisions of rule 4757-01-04 of the Administrative Code.

(B) The applicant shall include with the application the required fee per paragraph (D) of rule 4757-1-05 of the Administrative Code.

(C) That a license shall be issued to an applicant who meets the provisions of rule 4757-19-07 of the Administrative Code.

(D) Unless the applicant qualifies under rule 4757-19-07 of the Administrative Code, that the applicant have:

(1) A master's degree in social work and,

(2) Two years of supervised social work experience: defined as follows:

(a) "Two years employment experience" means at least two complete years supervised experience which includes three thousand hours of work for a fee, salary or other consideration, during which time the applicant was engaged in the practice of social work and held licensure as a social worker; except that no applicant may be credited with more than fifteen hundred hours of experience during any twelve-month period.

(b) Any supervised experience obtained after October 10, 1986, in the state of Ohio shall be supervised by an independent social worker.

(c) The dates that the supervised experience was obtained, not the date of application, will determine the type of acceptable experience required for an applicant to be licensed as a licensed independent social worker.

(3) That the applicant pass the examination meeting the requirements established by the social work professional standards committee to determine the applicant's ability to be an independent social worker. Applicants shall be pre-approved to take the examination per rule 4757-19-04 of the Administrative Code.

(4) Applicants shall have passed the required examination within seven years of application date, unless they are currently licensed to practice social work in Ohio and have previously passed the examination for independent licensure, or are currently licensed in an equivalent capacity in another state and passed the prescribed examination as part of the licensure requirements in that state.

(E) Per division (A) of section 4757.27 of the Revised Code, an independent social worker license shall clearly indicate each academic degree earned by the person to whom it is issued. Independent social worker wall certificates shall be prepared using the following acronyms for the degrees noted and only those earned as of the date of issuance. All bachelor's, master's and doctorate's shall be listed. Licensees or registrants may not use a doctorate designation in their professional capacity unless it is related to the field of mental health and is from a recognized accredited educational institution.

(1) Bachelor of arts - major social work or a related degree shall be "BA."

(2) Bachelor of social work - major social work shall be "BSW."

(3) Bachelor of science in social work - major social work shall be "BSSW."

(4) Bachelor of science - major social work or a related degree shall be "BS."

(5) Master of social work

major social work shall be "MSW."

(6) Master of arts - major social service administration shall be "MASSA."

(7) Master of science - in social administration major in social work shall be "MSSA."

(8) Master of arts - major social work related degree shall be "MA."

(9) Master of science - major social work related degree shall be "MS."

(10) Doctorate of social work - major in social work shall be "DSW."

(11) Doctor of philosophy

major in social work shall be "PhD."

(12) Doctorate of related area of mental health - related area of mental health majors shall be "PhD-Other."

Last updated December 27, 2023 at 8:21 AM

History

Effective: December 26, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4757-19-03 Requirements for a certificate of registration as a social work assistant.

The requirements for a certificate of registration as a social work assistant are generally set forth in section 4757.29 of the Revised Code.

(A) The applicant shall complete an application as prescribed in rule 4757-1-04 of the Administrative Code and at the time of application shall have received at least an associate degree in social service technology from an accredited academic institution where these standards are met:

(B) A "social service technology degree" is an associate degree from a two-year program where the following minimum curriculum standards are met:

(1) Forty-five quarter hours, or thirty semester hours, of core social service/social work skills, theory, and systems courses including a social service practicum; and,

(2) Twenty-one quarter hours or fourteen semester hours, of related courses such as psychology, sociology, statistics, economics, or other courses, relevant to the social work assistant scope of practice, as approved by social worker professional standards committee; and,

(3) The applicant shall have received a passing grade in all coursework for the committee to accept it towards meeting the requirements.

(C) Applicants with degrees higher than associates degrees from accredited academic institutions shall provide the committee with evidence that their coursework meets the requirements of this rule.

(D) The application shall be accompanied by the required fee per paragraph (D) of rule 4757-1-05 of the Administrative Code.

Last updated April 15, 2024 at 1:39 PM

History

Effective: March 21, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4757-19-04 Social worker examination policy.

(A) Applicants shall have applied for the applicable license per rules 4757-1-04 and 4757-19-01 or 4757-19-02 of the Administrative Code and shall be approved prior to sitting for the examinations. When an applicant is approved they shall receive an approval letter or electronic mail from the board. This correspondence shall be presented to the testing administrator for admission to the examination. The letter shall be in effect for up to twelve months. If the examination is not taken within the time frame applicants shall request in writing another admission letter.

(1) Applicants who have a bachelor, master or doctoral degree from an accredited educational institution may provide a student copy of their transcript(s) via mail, email or facsimile in order for the board to make an examination approval or disapproval decision.

(2) Applicants in the last term prior to receiving their bachelor, master or doctoral degree in social work from an accredited educational institution may provide correspondence from a professor, the social work department or registrar that states the student is on track to graduate at the end of that term in order for the board to make an examination approval or disapproval decision.

(B) Applicants who fail the examination shall be required to follow the re-take policy of the examination owner or administrator.

(C) Applicants who are denied admission to the examination shall be afforded an opportunity for a hearing pursuant to Chapter 119. of the Revised Code.

Last updated July 2, 2024 at 10:36 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-19-06 Requirements for social work applicants wishing to obtain a temporary social work license.

(A) Applicants who wish to obtain a temporary license shall submit a completed licensure application, as provided by the board.

(B) The temporary application shall be submitted with the required fee per paragraph (D) of rule 4757-1-05 of the Administrative Code.

(C) The applications shall be reviewed by the board, to determine whether the applicant appears to have the appropriate degrees and/or experience to meet the requirements for the actual license they seek.

(D) If the board determines the applicant appears to meet the requirements for the license, for which they are applying, a temporary license will be issued to applicant. This temporary license will allow the applicant to work legally in Ohio during the period which it is in effect.

(E) The applicant shall have passed the examination for the license which they seek prior to the issuance of the temporary license.

(F) A temporary license may be issued by the board for a period not to exceed ninety days to an otherwise qualified applicant for licensure as a social worker who has completed the educational requirements for licensure but is awaiting the actual awarding of the degree. A temporary license may be renewed one time for a period not to exceed ninety days. To qualify for the temporary license the applicant shall submit with the application a letter from the academic institution which will be awarding the qualifying degree indicating:

(1) That they have met all the academic requirements for the degree, and

(2) When the degree will be/was conferred.

(G) A temporary license is valid from the date of issuance until the earliest of one of the following:

(1) The date the applicant's license is issued under section 4757.27 or 4757.28 of the Revised Code;

(2) Ninety days after the temporary license has been issued;

(3) The date the applicant withdraws their application for licensure;

Last updated March 21, 2022 at 8:37 AM

History

Effective: March 21, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4757-19-07 Endorsement of a social work license.

(A) An applicant requesting licensure as a social worker or independent social worker via reciprocity shall submit to the Board all of the following:

(1) A completed licensure application for the level of licensure for which the applicant is seeking licensure;

(2) The required fee established by the board under paragraph (B) of rule 4757-1-05 of the Administrative Code;

(3) Upon request of the board, if such information cannot be obtained by the board via an online license verification, an official statement, which indicates applicant is currently licensed, certified, registered, or otherwise authorized to practice as a social worker or independent social worker in another jurisdiction;

(4) Upon request of the board, if such information cannot be obtained by the board via an online license verification, an official statement from any and all jurisdictions where the applicant is currently or has been previously licensed, certified, registered, or otherwise authorized to practice as a social worker indicating whether the applicant is in good standing and whether disciplinary action has been taken or is pending against the applicant;

(5) Documentation the applicant has passed the examination required for the board for the level of licensure for which the applicant is applying;

(6) Criminal background checks indicating the applicant has committed no disqualifying offenses.

(7) Any additional documentation requested by the board that would assist the board in making a determination based on paragraphs (B)(1) to (B)(6) of this rule.

(B) The social worker professional standards committee may consider the following factors to determine whether to grant the applicant a license via reciprocity:

(1) If the application is for a licensed independent social worker license, whether the applicant possesses a master's degree in social work awarded by an appropriately accredited institution;

(2) Whether the applicant has passed a social worker or independent social worker national licensure exam or other exam acceptable to the board for the level of licensure for which the applicant is applying;

(3) Whether the applicant's license is currently in good standing in another jurisdiction and whether applicant has been disciplined in another jurisdiction;

(4) The number of years the applicant has practiced as a social worker or independent social worker in another jurisdiction.

Last updated December 27, 2023 at 8:21 AM

History

Effective: December 26, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4757-19-08 Approval of applications for social worker licenses and registration.

Applications for social worker licenses and registration shall be approved per sections 4757.04, 4757.10, 4757.16, 4757.27, 4757.28 and/or 4757.29 of the Revised Code and this rule. The staff of the board shall review all applications and process as follows:

(A) Applications that meet the basic requirements as detailed in this rule shall be approved upon receipt of all applicable parts.

(1) Applications for independent social worker license that meet the basic requirements for licensure in section 4757.27 of the Revised Code and rule 4757-19-02 of the Administrative Code shall be approved if the following conditions are met:

(a) Process application for independent social worker received with no questions requiring review by the board such as felony convictions, loss of license in another state, etc.; and

(b) Transcript from an accredited educational institution of a master's in social work; and

(c) Proof of completion of at least two years of post-master's degree social work experience that prepares the applicant for independent practice supervised by an independent social worker with training supervision designation; and

(d) Proof of passing an examination administered by the board for the purpose of determining ability to practice as an independent social worker.

(2) Applications for social worker license that meet the basic requirements for licensure in section 4757.28 of the Revised Code and rules 4757-1-04 and 4757-19-01 of the Administrative Code shall be approved if the following conditions are met:

(a) Applications for social worker received with no questions requiring review by the board such as felony convictions, loss of license in another state, etc.; and

(b) Transcript from an accredited educational institution of a bachelor's, master's or doctoral degree in social work; and

(c) Proof of passing an examination administered by the board for the purpose of determining ability to practice as a social worker.

(3) Applications for socialwork assistant registration that meet the requirements for registration in section 4757.29 of the Revised Code and rules 4757-1-04 and 4757-19-03 of the Administrative Code shall be approved if the following conditions are met:

(a) Applications for social work assistant received with no questions requiring review by the board such as felony convictions, loss of license in another state, etc; and

(b) Transcript from an accredited educational institution of an associate degree in social service technology or a bachelor's degree that is equivalent to an associate degree in social service technology or a related bachelor's or higher degree that clearly meets the requirements of rule 4757-19-03 of the Administrative Code.

(4) Applications for social worker trainee registration that meet the basic requirements for registration in rules 4757-1-04 and 4757-19-05 of the Administrative Code shall be approved if the following conditions are met:

(a) Applications for social worker trainee received with no questions requiring review by the board such as felony convictions, loss of license in another state, etc. and

(b) Transcript or enrollment document showing field education coursework completed in a CSWE-accredited master's-level program in social work.

(5) Applications that meet the requirements of rule 4757-19-07 of the Administrative Code.

(B) Complete applications that meet the following conditions shall be held for the social worker professional standards committee review at the next regularly scheduled meeting, if received at least ten days prior to the meeting.

(1) All applications that have answered questions requiring review by the board such as felony convictions, loss of license in another state, etc.

(2) All applications with degrees from non-accredited universities.

(3) All applications which staff is not comfortable approving without the social worker professional standards committee's review.

Last updated December 27, 2023 at 8:22 AM

History

Effective: December 26, 2023
Promulgated Under: 119.03

Chapter 4757-21 Scope of Practice for Social Workers

Ohio Adm.Code 4757-21-01 Scope of practice for a registered social work assistant.

(A) As prescribed in division (C) of section 4757.26 of the Revised Code the board adopts the following scope of practice for a registered social work assistant. Each licensee of the board has a personal professional scope of practice, which is determined by their education, training and supervised practice as defined in paragraph (A) of rule 4757-5-02 of the Administrative Code (ethics).

(B) A registered social work assistant may, under the direct supervision of an independent social worker, social worker, licensed professional clinical counselor, licensed professional counselor, marriage and family therapist, independent marriage and family therapist, psychologist, psychiatrist, or an advanced practice registered nurse-clinical nurse specialist or advanced practice registered nurse-certified nurse practitioner who is certified in psychiatric-mental health by the American nurses credentialing center, perform for a fee, salary, or other consideration, human services, social services and community services that may include but not limited to:

(1) Intake assessment and referral, screening, crisis intervention and resolution; and

(2) Community support, case management and outreach, record keeping, social assessment, visual observation of person in environment, assist in facilitation with groups and families, advocacy; orientation, education and prevention services.

Last updated July 2, 2024 at 10:36 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-21-02 Scope of practice for a social worker.

Using the definition of social work as defined in division (C) of section 4757.01 of the Revised Code, the board adopts the following scope of practice for a social worker. Each social worker has a personal competency within the license's scope of practice, which is determined by their education, training and practice as defined in paragraph (A) of rule 4757-5-02 of the Administrative Code (ethics).

(A) A social worker may perform for a fee, salary, or other consideration, counseling and psychosocial interventions without supervision; and social psychotherapy under the supervision of an independent social worker, a licensed professional clinical counselor, an independent marriage and family therapist, a psychologist, a psychiatrist, or a registered nurse with a master's degree in psychiatric nursing.

(B) When practicing as an employee of a private individual, partnership, or group practice, a social worker may perform for a fee, salary, or other consideration, counseling, psychological interventions, and social psychotherapy only if supervised by an independent social worker, a licensed professional clinical counselor, an independent marriage and family therapist, a psychologist, a psychiatrist or a registered nurse with a master's degree in psychiatric nursing.

(D) The scope of practice for a social worker may include the following range of psychosocial duties:

(1) Intervention planning;

(2) Psychosocial intervention;

(3) Counseling;

(4) Social psychotherapy under supervision;

(5) Evaluation;

(6) Prevention.

Last updated March 21, 2022 at 8:37 AM

History

Effective: March 21, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4757-21-03 Scope of practice for an independent social worker.

Using the definition of social work as defined in division (C) of section 4757.01 of the Revised Code, the board adopts the following scope of practice for an independent social worker. Each independent social worker has a personal competency within the license's scope of practice, which is determined by their education, training and practice as defined in paragraph (A) of rule 4757-5-02 of the Administrative Code (ethics).

(A) An independent social worker may perform for a fee, salary or other consideration, counseling, pyschosocial interventions, and social psychotherapy without supervision in an agency setting, as a private practitioner, or as an independent contractor.

(B) The scope of practice for an independent social worker may include those duties as described in rule 4757-21-02 of the Administrative Code and the paragraphs that follow:

(1) Psychosocial assessment: intervention planning, psychosocial intervention, and social psychotherapy, which includes the diagnosis and treatment of mental and emotional disorders and counseling.

(2) Program assessment, planning, and development, program implementation and evaluation.

(3) Organizational assessment, planning and development, intervention, accountability, and supervision.

(4) Specialized problem-oriented assessment, specialized project or case-oriented planning, specialized intervention, evaluation of consultation activities.

(5) Provide clinical supervision of social work assistants, social workers except for their training supervision, professional counselors, and marriage and family therapists; and supervision of chemical dependency counselors and prevention specialists as specified in Chapter 4758. of the Revised Code. Provide clinical supervision per paragraph (A)(1) of rule 4757-23-01 of the Administrative Code for social worker trainees practice except the diagnosis and treatment of mental and emotional disorders.

(C) The scope of practice for an independent social worker with supervision designation may include those duties as described as follows:

(1) Psychosocial assessment: intervention planning, psychosocial intervention, and social psychotherapy, which includes the diagnosis and treatment of mental and emotional disorders and counseling.

(2) Program assessment, planning, and development, program implementation and evaluation.

(3) Organizational assessment, planning and development, intervention, accountability, and supervision.

(4) Specialized problem-oriented assessment, specialized project or case-oriented planning, specialized intervention, evaluation of consultation activities, provide training supervision for social workers seeking licensure as independent social workers.

(5) Provide clinical supervision of social work assistants, social workers, professional counselors, and marriage and family therapists; and supervision of chemical dependency counselors and prevention specialists as specified in Chapter 4758. of the Revised Code. Provide training supervision for social workers gaining supervised hours to meet the requirements of paragraph (C)(2) of rule 4757-19-02 of the Administrative Code to become licensed as independent social workers per rule 4757-23-01 of the Administrative Code. Provide training and clinical supervision per paragraphs (A)(1) and (A)(2) of rule 4757-23-01 of the Administrative Code for social worker trainees, which includes the diagnosis and treatment of mental and emotional disorders.

Last updated March 21, 2022 at 8:37 AM

History

Effective: March 21, 2022
Promulgated Under: 119.03

Chapter 4757-23 Supervision of Social Workers

Ohio Adm.Code 4757-23-01 Social work supervision.

This rule applies to all social work assistants; to all licensed social workers employed in a private practice, partnership, or group practice; to all licensed social workers engaged in social psychotherapy; and to all licensed social workers seeking licensure as independent social workers.

(A) Social work supervision:

(1) "Clinical supervision" or "work supervision" of licensed social workers performing social psychotherapy and social workers employed in a private practice, partnership, or group practice means the quantitative and qualitative evaluation of the supervisee's performance; professional guidance to the supervisee; approval of the supervisee's intervention plans and their implementation; the assumption of responsibility for the welfare of the supervisee's clients; and assurance that the supervisee functions within the limits of their license. The supervisor must have access to the supervisee's client documentation. Supervision must occur on a regular and consistent basis, such that the supervisor can evaluate the client progress and the performance of the supervisee. The clinical/work supervisor will review the case notes of the licensed social worker. The assessment, diagnosis, treatment plan, revisions to the treatment plan, correspondence and transfer or termination of the client(s) shall be approved by the supervisor and shall be made available to the board upon request. Licensed social workers shall disclose to their clients on all printed and electronic material that they are under the supervision of an appropriately licensed mental health professional when diagnosing and treating mental and emotional disorders. The supervisee shall on all printed and electronic materials also disclose to their clients the name(s) of said professional(s). The work/clinical supervisor may be subject to discipline when the board determines the supervisor failed to provide proper supervision to a dependent licensee under supervision.

(2) "Training supervision" means supervision for the purposes of obtaining a license and/or development of new areas of proficiency while providing services to clients. The training supervisor is responsible for providing direction to the supervisee, who applies social work theory, standardized knowledge, skills, competency, and applicable ethical content in the practice setting. The supervisor and the supervisee both share responsibility for carrying out their role in this collaborative processes of professional growth and development. Training supervision may be individual supervision or group supervision. Supervision must start with an initial face to face meeting after which communication may be in person, via videoconferencing, or by phone.

(a) "Individual supervision" is supervision that consists of an interactive face-to-face meeting between one supervisor meeting with no more than two supervisees.

(b) "Group supervision" is supervision that consists of an interactive face-to-face meeting with one supervisor and no more than eight supervisees.

(B) Clinical/work supervision requirements.

(1) A social worker engaged in social psychotherapy in an agency setting shall be supervised by an independent social worker, a licensed professional clinical counselor, an independent marriage and family therapist, a psychologist, a psychiatrist or an advanced practice registered nurse-clinical nurse specialist or advanced practice registered nurse-certified nurse practitioner who is certified in psychiatric-mental health by the American nurses credentialing center.

(2) A social worker working as an employee of a partnership, group or private practice shall be supervised in all practice of social work by a supervisor listed in paragraph (B)(1) of this rule.

(C) Training supervision of licensed social workers by licensed independent social workers with a supervision designation requires the supervisor to:

(1) Have demonstrated competence in the area in which they are supervising;

(2) Have training in supervision theory and practice;

(3) Have training in legal and ethical issues relevant to counseling, psychosocial interventions and social psychotherapy;

(4) Complete and forward to the board all supervision evaluations required by the board within thirty days of completing supervision with a supervisee;

(5) Promote the delivery of services in a non-discriminatory manner.

(D) A licensed independent social worker may provide clinical/work supervision to licensees of the Ohio chemical dependency professionals board when such licensees are working solely with substance use disorder clients. The licensed independent social worker who does so must have the appropriate education, training and supervised experience in substance use disorder practice.

(E) A licensed social worker, when working with solely substance use disorder clients, but not dual-diagnosis clients, may receive clinical/work supervision from a licensed independent chemical dependency counselor or licensed independent chemical dependency counselor clinical supervisor licensed by the Ohio chemical dependency professionals board.

(F) Requirements for social work professional training supervision to qualify for licensure as an independent social worker:

(1) One hour of individual and/or group supervision for each twenty hours of work by the supervisee with no less than one hundred fifty hours total.

(2) Employment experience obtained, that is required for licensure as an independent social worker, shall be supervised by an independent social worker. Employment experience obtained after September 1, 2008, that is required for licensure as an independent social worker, shall be supervised by an independent social worker with supervision designation.

(3) Records of training supervision shall be maintained by the supervisee. Supervisors have no obligation to retain supervision records, however supervisors may do so to ensure they are able to properly document supervision hours. The supervision records shall contain information concerning the dates of supervision, content and goals of supervision. The supervisor shall sign the supervision records at least quarterly to document their review. The supervision records may be retained on hard copy forms or electronic forms. Logs must be made available to the board upon request.

(4) Upon completion of the required supervision hours to qualify for an licensed independent social worker license, the licensed social worker shall request that the licensed independent social worker with supervision endorsement who last provided training supervision submit all accrued training supervision hours to board using the logs maintained by the supervisee. The supervisor shall submit the training supervision hours using the online form provided by the board.

(5) The supervisor is not obligated to provided a recommendation for independent licensure if the supervisor has determined the supervisee is not qualified at that time for independent practice. Supervisors who fail to timely submit supervision hours upon a request by a supervisee may be subject to disciplinary action. The evaluation may not be submitted to the board prior to the supervisee completing training supervision requirements.

(6) There shall be no direct family relationship between the supervisor and the supervisee if the experience is to be counted toward the fulfillment of the licensure requirement.

(7) If the training supervision is occurring in Ohio, the supervisee and the supervisor shall be licensed in Ohio.

(8) Requests for exceptions to this rule, due to hardship, shall be made in writing to the committee.

(G) A licensed social worker may not be in solo private practice. A licensed social worker must be employed or contracted with an agency, practice, or independently licensed professional who can provide clinical/work supervision in accordance with this rule.

(H) Requirements for social work professional training in supervision to qualify for a training supervision designation:

(1) Only independent social workers who have obtained a training supervision designation shall provide training supervision. Applicants for training supervision designation shall apply on forms required by the board and shall document at least the following requirements.

(a) One year post licensure experience as an independent social worker; and

(b) Training in supervision of at least nine hours of continuing education in committee approved supervision programs or one master's level supervision course, which shall be completed as follows: between the date the applicant received the independent social worker and the date the applicant is applying for the supervision designation using continuing education training; or complete a master's level supervision course from an accredited university within the last three years.

(2) All independent social workers with training supervision designation shall maintain supervisory status by obtaining three hours of social workers professional standards committee approved continuing professional education in supervision or a master's level course in supervision each renewal period.

(3) If the minimum of nine hours of academic preparation is continuing education coursework, it shall be board approved. The continuing education coursework in social work training supervision shall include each area as follows:

(a) The coursework shall total nine clock hours of didactic and interaction instruction; and

(b) The coursework shall contain content that satisfies the following learning objectives.

(i) The participant will become familiar with the major models of supervision for social work;

(ii) Gain skills to develop a personal model of supervision, drawn from existing models of supervision;

(iii) Understand the co-evolving dynamics of licensee-client and supervisor-licensee-client relationships;

(iv) Explore distinctive issues that arise in supervision;

(v) Address the contextual variables in practice such as culture, gender, ethnicity, power and economics;

(vi) Become familiar with the ethical, legal and regulatory issues of supervision; and

(vii) Understand the role of evaluation in supervision.

Last updated July 2, 2024 at 10:36 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Chapter 4757-24 Music Therapy

Ohio Adm.Code 4757-24-01 Qualifications for a license as a licensed professional music therapist.

(A) To be eligible for a license to practice music therapy under this chapter, an applicant shall meet all of the following requirements:

(1) Be at least eighteen years of age.

(2) Have successfully completed an academic program with a bachelor's or higher degree in music therapy approved by the American music therapy association or its successor organization.

(3) Have passed the examination for board certification by the certification board for music therapists or its successor organization or obtained certification as a music therapist by that board on January 1, 1985.

(4) Be currently certified as a music therapist by the certification board for music therapists or its successor organization.

(5) Have successfully completed a minimum of one thousand two hundred hours of clinical training, with at least one hundred eighty hours in pre-internship experience and at least nine hundred hours in internship experience, if the internship is approved by the American music therapy association or its successor organization, an academic institution, or both.

(B) Within sixty days after receiving the information described in this rule and receipt of proof of compliance with section 4757.101 of the Revised Code, the appropriate professional standards committee of the board shall issue a license to practice as a music therapist as required under paragraph (A) of this rule.

Last updated July 2, 2024 at 10:37 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-24-02 Approval of applications for licensure as a music therapist.

(A) Applications that meet the basic requirements as detailed below shall be approved upon receipt of all applicable parts.

(B) Applications for a professional music therapist license that meet the basic requirements for licensure in section 4757.24 of the Revised Code and rules 4757-1-04 and 4757-24-01 of the Administrative Code shall be approved if the following conditions are met:

(1) A complete application for professional music therapist license per rule 4757-1-04 of the Administrative Code is received with no questions requiring additional review by the music therapist professional standards committee "MPSC" such as felony convictions, loss of license in another state, etc.

(2) If required by the board, transcript(s) from an accredited educational institution of a bachelor's degree or higher that meets paragraph (A) of rule 4757-24-01 of the Administrative Code.

(3) Proof of passing an examination acceptable to the MPSC for the purpose of determining ability to practice as a professional music therapist.

(C) Applications that meet the following conditions shall be prepared for the next MPSC meeting, if received at least ten days prior to the meeting. Additional documentation is required from applicants concerning the issues delineated below to provide the information needed for the MPSC to complete its review and approval.

(1) All applications that have answered questions such that a more detailed review by the MPSC is required such as felony convictions, loss of license in another state, etc.

(2) All applications with questionable qualifying degrees.

(3) All applications for which staff believe additional information is required for the MPSC's review.

Last updated July 2, 2024 at 10:37 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-24-03 Applications for a reciprocal music therapy license.

(A) An applicant requesting licensure as a music therapist via reciprocity shall submit to the board all of the following:

(1) A completed licensure application.

(2) The required fee established by the board under paragraph (B) of rule 4757-1-05 of the Administrative Code.

(4) Upon request of the board, if such information cannot be obtained by the board via an online license verification, an official statement from any and all jurisdictions where the applicant is currently or has been previously licensed, certified, registered, or otherwise authorized to practice as a music therapist indicating whether the applicant is in good standing and whether disciplinary action has been taken or is pending against the applicant.

(5) Documentation the applicant has passed the examination and holds an active certification as a board-certified music therapist.

(6) Criminal background checks indicating the applicant has committed no disqualifying offenses.

(7) Any additional documentation requested by the board that would assist the board in making a determination based on paragraphs (B)(1) to (B)(6) of this rule.

(B) The music therapy professional standards committee may consider the following factors to determine whether to grant the applicant a license via reciprocity:

(1) Whether the applicant possesses a degree in music therapy awarded by an appropriately accredited institution.

(2) Whether the applicant holds an active board certification as a registered music therapist.

(3) Whether the applicant's license is currently in good standing in another jurisdiction and whether applicant has been disciplined in another jurisdiction.

(4) The number of years the applicant has practiced as a music therapist in another jurisdiction.

Last updated July 2, 2024 at 10:38 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4757-24-04 Scope of practice for a music therapist.

(A) Music therapy means the clinical use of music interventions to accomplish individualized goals within a therapeutic relationship through an individualized music therapy treatment plan developed for a client. Music therapy interventions include, but are not limited to: improvisation, receptive music listening, song writing, lyric discussion, music and imagery, singing, performance, learning through music, music combined with other arts, music-assisted relaxation, music-based patient education, electronic music technology, adapted music intervention, and movement to music.

(B) Music therapy services means the services a licensee is authorized to provide to achieve the goals of music therapy, which may include, but are not limited to: accepting referrals for music therapy services, conducting a music therapy assessment, developing and implementing an individualized music therapy treatment plan, evaluating and documenting client responses to music therapy, and utilizing appropriate knowledge and skills to inform practice.

(C) The practice of music therapy does not include the screening, diagnosis, or assessment of any physical, mental, emotional, or communication disorder.

(D) A licensed professional music therapist will collaborate in the provision of music therapy and music therapy services.

(1) Before a licensed professional music therapist provides music therapy services to a client for an identified clinical or developmental need, the licensee shall review, as appropriate, the client's diagnosis, treatment needs, and treatment plan with the health care providers involved in the client's care. Before a licensed professional music therapist provides music therapy services to a student for an identified educational need in a special education setting, the licensee shall review with the individualized family service plan team or individualized education program team the student's diagnosis, treatment needs, and treatment plan.

(2) During the provision of music therapy services to a client, the licensed professional music therapist shall collaborate, as applicable, with the client's treatment team, including the client's physician, professional licensed under Chapter 4757. of the Revised Code, psychologist, or other appropriately licensed healthcare professional. During the provision of music therapy services to a client with a communication disorder, the licensed professional music therapist shall collaborate and discuss the music therapy treatment plan with the client's audiologist or speech-language pathologist so that a music therapist may work with the client and address communication skills.

(3) When providing educational or health care services, a licensed professional music therapist may not replace the services provided by an audiologist or a speech-language pathologist. Unless authorized to practice speech-language pathology, music therapists may not evaluate, examine, instruct, or counsel on speech, language, communication, and swallowing disorders and conditions. An individual licensed as a professional music therapist may not represent to the public that the individual is authorized to treat a communication disorder. This does not prohibit an individual licensed as a professional music therapist from representing to the public that the individual may work with clients who have a communication disorder and address communication skills.

(E) Beginning one year after October 3, 2023, no person shall knowingly provide music therapy services or use the title "music therapist" or a similar title unless the person holds a valid license issued under this chapter that is in good standing. Nothing may be construed to prohibit or restrict the practice, services, or activities of any person licensed, certified, or regulated under the laws of this state in another profession or occupation from performing work, including the use of music, incidental to the practice of their profession or occupation if that person does not represent themself as a music therapist.

(F) This rule does not apply to members of other professions licensed, certified, or registered by this state while performing services within the recognized scope, standards, and ethics of their respective professions.

Last updated July 2, 2024 at 10:38 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Chapter 4757-25 Licensing of Marriage and Family Therapists

Ohio Adm.Code 4757-25-01 Education requirements for admission to the examination for marriage and family therapist.

The requirements for licensure are generally set forth in section 4757.30 of the Revised Code.

(A) Pertaining to the educational requirements, the board further prescribes that: a "graduate degree in marriage and family therapy" is defined as a degree that meets all of the following criteria:

(1) The program or concentration shall clearly be identified as marriage and family therapy (also referred to as "MFT"), shall include a minimum of ninety quarter hours or sixty semester hours of graduate level course work in marriage and family therapy training grounded in systemic theory and systemic approaches that is acceptable to the committee. Such a program shall specify in pertinent institutional catalogues and brochures its intent to educate and train marriage and family therapists. Examples of this include statements explaining the distinction between MFT and other human service areas, statements that the program prepares students to pass the national MFT examination, or statements that the program prepares students for MFT state licensure.

(2) The marriage and family therapy curriculum shall stand as a recognized entity within the institution and have a marriage and family therapy faculty. Marriage and family therapy faculty identify with the MFT profession by having a doctoral degree in "Marriage and Family Therapy," holding a state license in MFT, being clinical members of the AAMFT, and/or being AAMFT approved supervisors.

(3) The marriage and family therapy coursework shall have a major focus on marital and family systems and systemic therapeutic interventions. Program coursework must include content on crisis intervention. Marriage and family therapy coursework shall include at least two graduate courses in paragraph (A)(3)(a) and paragraph (A)(3)(b) of this rule and at least one graduate course in paragraphs (A)(3)(c) to (A)(3)(g) of this rule of the following areas of marriage and family therapy :

(a) Marriage and family therapy theory studies: Courses in this area should present a fundamental introduction to marriage and family studies, including the historical development of the relational/systemic perspective and empirical foundations of the field of marriage and family therapy. This area facilitates students developing knowledge of the early and contemporary theories of MFT. It should provide a substantive understanding of the major theories of systems change and the applied practices evolving from each theoretical orientation. Major MFT theories include but are not limited to: strategic, structural, contextual, Bowenian, narrative, solution-focused, object relations, experiential, emotion focused, and internal family.

(b) Clinical treatment of individuals, couples and families: Courses in this area facilitate students developing competencies in systemic hypotheses, treatment planning and interventions specifically designed for use with a wide range of diverse individuals, couples, and families, and includes a focus on evidence-based practice and empirically supported treatment modalities. The courses in this category may focus on areas such as:

(i) Couples therapy: theories and skills in providing therapy with couples, including family of origin issues, new marriages, marriage preparation, multi-cultural issues, partnerships, and divorce.

(ii) Family therapy with children, adolescents, or young adults: training in unique diagnostic and treatment considerations in working with children, adolescents, or young adults, including collaboration with medical providers and educational systems.

(iii) Sexuality and family therapy: the physiological, psychological, and sociocultural variables associated with sexual identity and sexual behavior including sexual dysfunctions.

(iv) Substance abuse and addictive disorders in marriage and family therapy: This course covers the physical and psychological aspects of psychotropic medication, alcohol, and other substances on relationships and behavior as well as systemic treatment approaches to substance use disorders.

(c) Research: This course facilitates students developing competencies in marriage and family therapy research and evaluation methods and in evidence-based practice, including becoming an informed consumer of couple, marriage, and family therapy research.

(d) Professional ethics: Courses in this area shall include the "American Association for Marriage and Family Therapy" (AAMFT) code of ethics, confidentiality and liabilities of clinical practice and research, professional ethics as a marriage and family therapist, professional socialization, and the role of the professional organization, licensure, state and federal legislation, independent practice and inter professional cooperation. Religious ethics courses and moral theology courses do not meet this requirement.

(e) Individual and family development: This course shall address individual and family development and biopsychosocial health across the lifespan from a systemic perspective.

(f) Appraisal of individuals and families: Course content shall address from a relational/systemic perspective, psychopharmacology, physical health and illness, traditional psycho diagnostic categories, and the assessment, diagnosis, and treatment of major mental and emotional disorders, including the appropriate use of the current edition of the "Diagnostic and Statistical Manual for Mental Disorders."

(g) Family therapy with diverse, multicultural and/or underserved communities: This course facilitates students developing competencies in understanding and applying knowledge of race, age, gender, ethnicity, sexual orientation, gender identity, socioeconomic status, disability, health status, religious, spiritual and/or beliefs, nation of origin, immigration status, housing status, or other relevant social categories, in the practice of marriage and family therapy.

(h) Practicum: Includes a supervised training experience consisting of the provision of marriage and family therapy to clients and is acceptable to the board, defined as follows:

(i) Applicants shall have a minimum of two semesters or three quarters of qualified supervised clinical practicum and/or qualified internship with a mininum of three hundred hours of direct face-to-face client contact with individuals, couples, and families. Of the three hundred hours of direct client contact, one hundred hours must be with couples and families. All applicants must demonstrate completion of one hundred hours of supervision. At its discretion the board may require an applicant to complete additional supervised practicum or internship hours if any deficiencies in the completed hours are identified.

(ii) The clinical practicum and internship experience must be under the supervision of an independently licensed marriage and family therapist with supervision designation, an AAMFT approved supervisor, an AAMFT supervisor candidate, or an independently licensed mental health practitioner who shall have demonstrated competence in the area in which he/she is supervising and have training in legal and ethical issues relevant to marriage and family therapy.

(iii) Applicants from non-COAMFTE accredited programs shall document their practicum and internship experience on a form prescribed by the board. The form shall be completed by the supervisor or supervisors and shall document the student's competency, client contact hours, and supervision hours in all areas designated on the form. The form shall be completed and submitted by the student at the time of examination request.

(4) Programs accredited by the "Commission On Accreditation Of Marriage And Family Therapy Education" (COAMFTE) at the time of applicant's degree conferral are recognized as meeting the requirements for a graduate degree in marriage and family therapy.

(5) Applicants who possess a degree from a program not accredited by the "Commission On Accreditation Of Marriage And Family Therapy Education" (COAMFTE) shall submit a request to this board for approval in meeting the educational requirements for admission to the examination for the marriage and family therapy license. Program approval may be obtained by the applicant submitting to the board written evidence that the degree meets the requirements set forth in paragraphs (A)(1) to (A)(3) of this rule.

(B) Supplemental coursework, including supplemental clinical practicum/internship experience, taken after the completion of the degree program may be acceptable if the applicant meets either of the following:

(1) Holds a conferred degree in marriage and family therapy as defined in paragraphs (A)(1) and (A)(2) of this rule, acceptable to the board, and achieved both of the following:

(a) Completes the necessary coursework and/or clinical practicum/internship experience from a marriage and family therapy program as defined in this rule,

(b) Obtains written permission for each supplemented course and/or practicum/internship experience from the board prior to the beginning of the course and/or practicum/internship experience and completes said course(s) and/or practicum/internship experience within five years of approval.

(2) Applicants, who possess a master's degree and are enrolled in a COAMFTE accredited doctoral program having completed all coursework except for dissertation.

(C) Post-graduate supervised direct client contact hours obtained out of state may satisfy a deficit in the number of practicum/internship hours as specified in this rule. These substituted hours shall not be counted toward the two years of required supervised practice for IMFT licensure.

(D) Applicants who are denied admission to the examination shall be afforded an opportunity for a hearing pursuant to Chapter 119. of the Revised Code.

Last updated April 13, 2026 at 8:38 AM

History

Effective: April 13, 2026
Promulgated Under: 119.03

Ohio Adm.Code 4757-25-02 Marriage and family therapist examination policy.

(A) The examination required for licensure as a marriage and family therapist or an independent marriage and family therapist is the "Examination In Marital and Family Therapy" offered by the "Association of Marital and Family Therapy Regulatory Boards" (AMFTRB).

(B) The examination shall be offered at least twice each year.

(C) Only applicants who are approved by the board may sit for the examination. Approval to sit for the examination shall be granted if a review of the applicant's educational records establishes that the educational requirements for licensure are met.

(1) Applicants who have a master or doctoral degree from a regionally accredited educational institution may provide a student copy of their transcript(s) for the board to make an examination approval or disapproval decision.

(2) Applicants in the last term prior to receiving their master or doctoral degree from a program that is accredited by COAMFTE may provide correspondence from a professor or registrar that states the student is on track to graduate at the end of that term in order for the board to make an examination approval or disapproval decision.

(3) Applicants in the last term prior to receiving their master or doctoral degree from a program that is not accredited by COAMFTE, and who wish to apply to take the examination before graduation, shall:

(a) Detail their educational history on a form provided by the board;

(b) Submit an unofficial transcript that demonstrates that all courses on the course worksheet either have been taken or are scheduled to be taken in that term.

(c) Provide correspondence from a professor or registrar that states the student is on track to graduate at the end of that term.

(d) Have the practicum/internship supervisor(s) complete supervision documentation forms provided by the board, showing the number of client contact, relational, and supervisory hours completed up to that point, and the remaining number of client contact, relational, and supervisory hours expected to be completed prior to the end of that term.

(4) Following graduation, provided the applicant from a non-COAMFTE program has been approved to test, the applicant shall:

(a) Provide official transcripts as required for licensure;

(b) Provide additional supervision documentation forms showing completion of the previously anticipated coursework and client contact, relational, and supervisory hours.

If a discrepancy exists, such that the applicant did not in actuality complete the required coursework or practicum/internship hours required in rule 4747-25-01 of the Administrative Code, then the applicant's marriage and family therapy license shall not be issued at that time, and the exam score will remain valid for seven years until such a time as the required coursework and/or practicum/internship hours have been completed.

(D) An applicant who is approved for the examination shall be sent an approval letter/e-mail from the board.

(1) The e-mail/letter is effective only for the next examination given after the date of issuance.

(2) An applicant who fails to take the examination during the effectiveness of the letter shall request another approval letter.

(3) An applicant who neglects to take the examination within twelve months after being deemed eligible by the board shall re-apply for approval to sit for the examination. The applicant shall meet the requirements in effect at the time of the new request for approval.

(E) The minimum score for passage of the examination for marriage and family therapists is determined by the "Association of Marriage and Family Therapists Regulatory Boards" (AMFTRB) and the marriage and family therapist professional standards committee.

(F) A marriage and family therapist or independent marriage and family therapist who has an expired license and requests to apply for a new license will be reviewed by the professional standards committee, and may be required to complete one of the following:

(1) Re-take and achieve a passing score on the national "Examination In Marital and Family Therapy" offered by the "Association of Marital and Family Therapy Regulatory Boards" (AMFTRB) if the applicant is not actively licensed in Ohio or another jurisdiction and passed the exam seven or more years from the date of applications.

(2) Complete thirty clock hours, or another amount determined by the professional standards committee of approved continuing professional education; three of the thirty hours must be taken in the area of professional ethics for marriage and family therapists.

(G) Applicants that hold a current marriage and family therapist license in another state may be approved by the board to sit for the national examination.

History

Effective: September 2, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4757-25-03 General requirements for licensure as a marriage and family therapist.

All applicants for licensure as a marriage and family therapist shall:

(A) Meet the educational requirements as established in paragraph (A) of rule 4757-25-01 of the Administrative Code.

(B) Successfully complete the licensure examination prescribed by the marriage and family therapist professional standards committee, if applicable. Applicants shall have passed the required examination within seven years of application date, unless they are currently licensed in an equivalent capacity in another state and passed the prescribed examination as part of the licensure requirements in that state;

(D) Have met all of the initial application requirements established in rule 4757-1-04 of the Administrative Code. These requirements include the criminal records check, application with fee, and transcript requirements.

Last updated March 21, 2022 at 8:38 AM

History

Effective: March 21, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4757-25-04 Requirements for licensure as an independent marriage and family therapist.

All applicants for licensure as an independent marriage and family therapist shall:

(A) After completion of the required education set forth in paragraph (A) of rule 4757-25-01 of the Administrative Code, the applicant shall meet the following requirements:

(1) Complete at least two calendar years of supervised training while engaged in the practice of marriage and family therapy.

(2) The two years of supervised training must include two hundred hours of face-to-face supervision while completing a minimum of one thousand hours of documented face-to-face client contact in marriage and family therapy.

(3) Of the required two hundred hours of face-to-face supervision, a minimum of one hundred hours shall be individual supervision.

(4) Of the required one thousand hours of client contact, a minimum of five hundred hours shall be with couples and/or families present.

(5) The training supervision shall be performed by a supervisor whose training and experience meet the standards established in paragraph (C) of rule 4757-29-01 of the Administrative Code.

(B) Meet all the requirements established in rule 4757-25-03 of the Administrative Code.

Last updated September 12, 2023 at 10:02 AM

History

Effective: July 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4757-25-05 Temporary marriage and family therapist license.

(A) The temporary license allows the holder to practice as a marriage and family therapist or an independent marriage and family therapist, while awaiting the next board meeting.

(B) A temporary license may be issued only if it is determined that, the applicant qualifies under division (A) of section 4757.30 of the Revised Code for licensure as a marriage and family therapist.

(C) Applicants who wish to obtain a temporary license shall submit a properly completed application, as prescribed by the board.

(D) A temporary license is valid from the date of issuance until the earliest of one of the following:

(1) The date the applicant's license is issued under section 4757.30 of the Revised Code;

(2) One year after the temporary license has been issued;

(3) The date the applicant withdraws from taking the examination;

(4) The date the applicant is notified that the applicant failed the examination.

(E) A temporary license may not be renewed. A new temporary license shall be issued only in the event of documented substantial hardship as determined by the board.

Last updated September 12, 2023 at 10:02 AM

History

Effective: July 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4757-25-06 Endorsement of a marriage and family therapist license.

(A) An applicant requesting licensure as a marriage and family therapist or independent marriage and family therapist via endorsement shall submit to the board all of the following:

(1) A completed licensure application for the level of licensure for which the applicant is seeking licensure;

(2) The required fee established by the board under paragraph (B) of rule 4757-1-05 of the Administrative Code;

(3) Upon request of the board, if such information cannot be obtained by the board via an online license verification, an official statement, which indicates applicant is currently licensed, certified, registered, or otherwise authorized to practice as a marriage and family therapist or independent marriage and family therapist in another jurisdiction;

(4) Upon request of the board, if such information cannot be obtained by the board via an online license verification, an official statement from any and all jurisdictions where the applicant is currently or has been previously licensed, certified, registered, or otherwise authorized to practice as a marriage and family therapist or independent marriage and family therapist indicating whether the applicant is in good standing and whether disciplinary action has been taken or is pending against the applicant;

(5) If the applicant has taken a national or another jurisdiction's marriage and family therapist exam, documentation of whether the applicant passed that exam;

(6) Criminal background checks indicating the applicant has committed no disqualifying offenses; and

(7) Any additional documentation requested by the board that would assist the board in making a determination based on paragraphs (B)(1) to (B)(7) of this rule.

(B) The marriage and family therapist professional standards committee may consider the following factors to determine whether to grant the applicant a license via reciprocity:

(1) Whether the applicant has passed a marriage and family therapist exam that is substantially similar to Ohio's examination;

(2) Whether the applicant's license is currently in good standing in another jurisdiction and whether applicant has been disciplined in another jurisdiction; and

(3) The number of years the applicant has practiced as a marriage and family therapist or independent marriage and family therapist worker in another jurisdiction.

Last updated December 27, 2023 at 8:22 AM

History

Effective: December 26, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4757-25-07 Approval of applications for marriage and family therapist licenses.

Applications for marriage and family therapist licenses shall be approved per section 4757.30 of the Revised Code and this rule. The staff of the board shall review all applications and process as follows:

(A) Applications that meet the basic requirements as detailed below shall be approved upon receipt of all applicable parts.

(1) Applications for independent marriage and family therapist license that meet the basic requirements for licensure in section 4757.30 of the Revised Code and rule 4757-25-04 of the Administrative Code shall be approved if the following conditions are met:

(a) Process application for independent marriage and family therapist received with no questions requiring review by the board such as felony convictions, loss of license in another state, etc.

(b) Transcript provided by a regionally accredited educational institution of a master's or doctoral degree in marriage and family therapy or related degree that meets paragraph (B) of rule 4757-25-01 of the Administrative Code.

(c) Proof of completion of at least two years of post-master's degree marriage and family therapist experience that meets paragraph (A) of rule 4757-25-04 of the Administrative Code supervised by a supervisor that meets paragraph (C)(1) of rule 4757-29-01 of the Administrative Code.

(d) Proof of passing an examination acceptable to the board for the purpose of determining ability to practice as an independent marriage and family therapist.

(2) Applications for marriage and family therapist license that meet the basic requirements for licensure in section 4757.30 of the Revised Code and rule 4757-25-03 of the Administrative Code shall be approved if the following conditions are met:

(a) Process application for marriage and family therapist received with no questions requiring review by the board such as felony convictions, loss of license in another state, etc.

(b) Transcript provided by an accredited educational institution of a master's or doctoral degree in marriage and family therapy or related degree that meets paragraph (B) of rule 4757-25-01 of the Administrative Code.

(c) Proof of passing an examination acceptable to the board for the purpose of determining ability to practice as an marriage and family therapist.

(3) Applications that meet the requirements of rule 4757-25-06 of the Administrative Code.

(B) Complete applications that meet the following conditions may be held for the marriage and family therapist professional standards committee review at the next regularly scheduled meeting, if received at least ten days prior to the meeting, unless authority to approve is specifically delegated by the board to staff.

(1) Applications that have answered questions requiring review by the board such as felony convictions, loss of license in another state, etc.

(2) Applications with related degrees.

(3) Applications which staff, at its discretion, determines require further scrutiny by the marriage and family therapist professional standards committee.

Last updated December 27, 2023 at 8:22 AM

History

Effective: December 26, 2023
Promulgated Under: 119.03

Chapter 4757-27 Marriage and Family Therapy - Scope of Practice

Ohio Adm.Code 4757-27-01 Scope of practice of a marriage and family therapist.

(A) A marriage and family therapist may for a fee, salary, or other consideration engage in the practice of marriage and family therapy through any of the following:

(1) As an individual private practitioner or as a member of a partnership or group practice;

(2) As an employee of a public or private organization.

(B) The "practice of marriage and family therapy" means the diagnosis, treatment, evaluation, assessment, counseling, and management, of mental and emotional disorders, whether cognitive, affective or behavioral, within the context of marriage and family systems, to individuals, couples, and families, singly or in groups, whether those services are offered directly to the general public or through public or private organizations, for a fee, salary or other consideration through the professional application of marriage and family theories, therapies, and techniques, including, but not limited to psychotherapeutic theories, therapies and techniques that marriage and family therapists are educated and trained to perform.

(C) A marriage and family therapist may diagnose and treat mental and emotional disorders under the supervision of one of the following:

(1) An independent marriage and family therapist;

(2) A professional clinical counselor;

(3) An independent social worker;

(4) A psychologist;

(5) A psychiatrist.

(D) A marriage and family therapist may not diagnose, treat, or advise on conditions outside the recognized boundaries of the marriage and family therapist's competency. A marriage and family therapist shall make appropriate and timely referrals when a client's needs exceed the marriage and family therapist's competence level.

Last updated September 12, 2023 at 10:03 AM

History

Effective: April 18, 2009
Promulgated Under: 119.03

Ohio Adm.Code 4757-27-02 Scope of practice of an independent marriage and family therapist.

(A) An independent marriage and family therapist may for a fee, salary, or other consideration engage in the practice of marriage and family therapy through any of the following:

(1) As an individual private practitioner or as a member of a partnership or group practice.

(2) As an employee of a public or private organization.

(C) An independent marriage and family therapist may diagnose and treat mental and emotional disorders and may provide supervision to other mental health professionals including marriage and family therapists, professional counselors, licensed social workers and social work assistants.

(D) An independent marriage and family therapist may not diagnose, treat, or advise on conditions outside the recognized boundaries of the independent marriage and family therapist's competency. An independent marriage and family therapist shall make appropriate and timely referrals when a client's needs exceed the independent marriage and family therapist's competence level.

Last updated January 3, 2024 at 12:21 PM

History

Effective: March 5, 2018
Promulgated Under: 119.03

Chapter 4757-29 Marriage and Family Therapy

Ohio Adm.Code 4757-29-01 Marriage and family therapy supervision.

This rule applies to all supervisees who are working toward licensure as independent marriage and family therapists and marriage and family therapists who are applying under rule 4757-25-04 of the Administrative Code. It also applies to marriage and family therapists who are diagnosing and treating mental and emotional disorders under the supervision of an independently licensed mental health professional.

(A) Supervision:

(1) "Clinical supervision" or "work supervision" is supervision required of marriage and family therapists whose practice includes the diagnosis and treatment of mental and emotional disorders. This supervision requires the evaluation of the supervisee's performance; professional guidance to the supervisee; approval of the supervisee's intervention plans and their implementation; the assumption of responsibility for the welfare of the supervisee's clients; and assurance that the supervisee functions within the limits of the supervisee's license. The supervisor must have access to the supervisee's client documentation. Supervision must occur on a regular and consistent basis, such that the supervisor can evaluate the client progress and and the performance of the supervisee. The clinical/work supervisor will review the case notes of the marriage and family therapist. The assessment, diagnosis, treatment plan, revisions to the treatment plan, correspondence and transfer or termination of the client(s) shall be approved by the supervisor and shall be made available to the board upon request. Marriage and family therapists shall disclose to their clients on all printed and electronic material that they are under the supervision of an appropriately licensed mental health professional when diagnosing and treating mental and emotional disorders. The supervisee shall on all printed and electronic materials also disclose to their clients the name(s) of said professional(s). The work/clinical supervisor may be subject to discipline when the board determines the supervisor failed to provide proper supervision to a dependent licensee under supervision.

(2) "Training supervision" is supervision applied to all individuals who are gaining the experience required for a license as an independent marriage and family therapist or under rule 4757-25-04 of the Administrative Code for a license as a marriage and family therapist. This type of supervision requires extensive time and involvement on the part of the supervisor in order to help supervisees improve their skills and/or learn new skills, and promote the professional development as a marriage and family therapist. Supervision must start with an initial face to face meeting, which may be conducted via videoconferencing, after which communication may be in person, via videoconferencing, or by phone. Training supervision shall include an average of one hour of contact between the supervisor and supervisee for every twenty hours of work by the supervisee.

(a) "Individual supervision" is board approved supervision that consists of a case-related interactive face-to-face meeting between one supervisor meeting with no more than two supervisees.

(b) "Group supervision" is board approved supervision that consists of a case-related interactive face-to-face meeting with one supervisor and no more than eight supervisees.

(B) Training supervision purposes:

(1) To provide for the protection of consumer and client welfare;

(2) To provide that supervisees function within the limits of their competence;

(3) To enhance professional development of a marriage and family therapist;

(4) To provide training in activities relevant to the supervisee's position and academic background; and

(5) To promote the delivery of services in a non-discriminatory manner.

(1) All supervisees engaging in training supervision for licensure as independent marriage and family therapists shall be under supervision of one of the following:

(a) An "American Association for Marriage and Family Therapy (AAMFT) Approved Supervisor or Supervisor Candidate" who is also licensed in Ohio as one of the following: an independent marriage and family therapist, a professional clinical counselor with training supervision designation, an independent social worker with training supervision designation, psychologist or psychiatrist;

(b) An Ohio licensed independent marriage and family therapist with training supervision designation.

(c) Up to fifty of the required two hundred supervision hours may be earned under the supervision of an Ohio licensed independent social worker with training supervision designation, or an Ohio licensed professional clinical counselor with training supervision designation.

(2) Records of training supervision shall be maintained by the supervisee. and made available to the board upon request. Supervisors have no obligation to maintain supervision records, however supervisors may do so to ensure they are able to properly document supervision hours. The supervision records shall contain information concerning the dates/times of supervision, content and goals of supervision, and shall be signed or acknowledged by the supervisor at least quarterly. The supervision records may be retained on hard copy forms or electronic forms. Logs must be made available to the board upon request.

(3) Upon completion of the required supervision hours to qualify for an independent marriage and family therapist license, the marriage and family therapist shall request that the independent marriage and family therapist with supervision endorsement who last provided training supervision submit all accrued training supervision hours to board using an online evaluation form required by the board to document hours accrued. In submitting the hours, the supervisor shall review the log maintained by the marriage and family therapist and shall consider any notes or recommendations of previous supervisors when submitting the evaluation. The training supervisor shall complete the online evaluation form and submit it to the board within thirty days of receipt of the request from the supervisee. In submitting the hours, the supervisor is not obligated to provide a recommendation for independent licensure if the supervisor has determined the supervisee is not qualified at that time for independent practice. Supervisors who fail to timely submit supervision hours upon a request by a supervisee may be subject to disciplinary action. The evaluation may not be submitted to the board prior to the supervisee completing training supervision requirements.

(4) Request for exceptions due to hardship shall be made in writing to the board. The supervisor shall have demonstrated competence in the area in which he/she is supervising and have training in legal and ethical issues relevant to marriage and family therapy.

(5) Training supervisees may not choose a supervisor who is a family member.

(6) Supervised marriage and family therapist experience obtained out of state may count toward the supervised experience requirement. Applicants shall request such consideration in writing from the marriage and family therapist professional standards committee. Supervisees presenting supervision experience from another state shall provide documentation that the supervisor is equivalent to the requirements of paragraph (C)(1)(a) or (C)(1)(b) of this rule.

(D) Work supervision of marriage and family therapists practicing in a clinical setting shall be under the supervision of an independent marriage and family therapist, a professional clinical counselor, an independent social worker with a clinical area of competence, a psychologist, or psychiatrist.

(E) Supervision of marriage and family therapists owning a solo private practice.

(1) A marriage and family therapist may be in solo private practice. A marriage and family therapist who is diagnosing and treating mental and emotional disorders must receive clinical/work supervision.

(2) The clinical/work supervisor may be a licensed independent social worker, licensed professional clinical counselor, independent marriage and family therapist, psychologist, or psychiatrist.

(3) Clinical/work supervision shall be conducted on a regular basis in accordance with paragraph (A)(1) of this rule. The clinical/work supervisor must have access to the marriage and family therapist's client documentation. The clinical/work supervisor will review the case notes of the marriage and family therapist. The clinical/work supervisor is ultimately responsible for client care. The clinical/work supervisor will sign off of any diagnosis, change in diagnosis, and treatment plan.

(4) An independent marriage and family therapist with supervision endorsement may provide both the clinical/work supervision and the training supervision. In such instances, the independent marriage and family therapist with supervision designation and marriage and family therapist should establish a clear understanding of the supervision expectations, which may include a written contract.

(F) An independent marriage and family therapist may provide clinical/work supervision to licensees of the Ohio chemical dependency professionals board when such licensees are working solely with substance use disorder clients. The independent marriage and family therapist who does so must have the appropriate education, training and supervised experience in substance use disorder practice.

(G) A marriage and family therapist, when working with solely substance use disorder clients, but not dual-diagnosis clients, may be supervised a licensed independent chemical dependency counselor or licensed independent chemical dependency counselor clinical supervisor licensed by the Ohio chemical dependency professionals board.

(H) Requirements for marriage and family therapy professional training in supervision to qualify for a training supervision designation:

(1) After January 1, 2015, only independent marriage and family therapists who have obtained a training supervision designation may provide training supervision.

(2) Applicants for a training supervision designation after January 1, 2015 shall apply on forms required by the board and shall meet at least one of the following:

(a) An applicant who is an AAMFT approved supervisor who holds an Ohio independent marriage and family therapist license in good standing; or

(b) An applicant who holds an Ohio independent marriage and family therapist license in good standing and can document at least the following requirements:

(i) Two years post-licensure clinical experience as an independent marriage and family therapist; and

(ii) Completion of the AAMFT thirty hour supervision course, or an equivalent course approved by the MFT professional standards committee.

(3) All independent marriage and family therapists with training supervision designation who have not previously completed the AAMFT thirty hour supervision course or AAMFT supervision refresher course shall maintain their supervision designation status by obtaining three hours in an AAMFT approved supervision refresher course approved by the MFT professional standards committee or equivalent supervision course prior to renewal. All independent marriage and family therapists with training supervision designation who have previously completed the AAMFT thirty hour supervision course or AAMFT supervision refresher course, provided they can show evidence of completion, shall complete three hours every renewal cycle in any supervision course that is approved by this board for marriage and family therapists, and which includes ethics of supervision.

(4) All independent marriage and family therapists with training supervision designation who are actively registered as an AAMFT approved supervisor in good standing shall, upon renewal of their license, provide evidence to the board of their active status with AAMFT, and shall not be required to complete three hours of supervision continuing education to maintain their training supervision designation.

Last updated July 2, 2024 at 10:38 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Chapter 4757-31 Accessing Confidential Personal Information

Ohio Adm.Code 4757-31-01 Definitions.

For the purposes of this chapter promulgated per 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 this chapter addressing requirements in section 1347.15 of the Revised Code.

(C) "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.

(D) "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 board in accordance with division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes or administrative rules that make personal information maintained by the board confidential.

(E) "Employee of the board" means each employee of a the board regardless of whether he/she holds an elected or appointed office or position within the board. "Employee of the board" is limited to this board.

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

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

(H) "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.

(I) "Person" means natural person.

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

(K) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

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

(M) "Routine" means common place, regular, habitual, or ordinary.

(N) "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 to the board's employees that is maintained by the board for administrative and human resource purposes.

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

(P) "Upgrade" means a substantial redesign of an existing 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 modifications that entail a limited addition of functionality due to changes in business or legal requirements.

Last updated September 12, 2023 at 10:03 AM

History

Effective: September 1, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4757-31-02 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 board are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the board to fulfill his/her job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. The board 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 board, the board 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 board has no confidential personal information about the individual that is responsive to the individual's request.

(1) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the board shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the board 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 board 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.

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

(2) 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.

(3) 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 board's executive director shall designate an employee of the board 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 board with both the implementation of privacy protections for the confidential personal information that the board 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 board's executive director shall designate an employee of the board to serve as the data privacy point of contact who shall timely complete the privacy impact assessment form developed by the office of information technology.

Last updated September 12, 2023 at 10:03 AM

History

Effective: September 1, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4757-31-03 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 board 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 board 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 board 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 vendors billing;

(8) Auditing purposes;

(9) Licensure or registration 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 a board 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 board, authorized employees would also have valid reasons for accessing CPI in these following circumstances:

(1) Board investigators and the executive director may review CPI of individuals who are subject to investigation for alleged misconduct that may result in licensure or registration discipline. Such 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 such employees and members of the board in professional conduct matters that become the subject of administrative hearings.

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

(3) Employees assigned to registration, certification and licensure may review CPI of persons who hold or are applying for a license or registration issued by the board for the purpose of carrying out the counselor, social worker or marriage and family therapist licensing program.

(4) Employees assigned to the renewal section may review CPI of persons who are applying for renewal of a license or registration issued by the board for the purpose of carrying out the counselor, social worker or marriage and family therapist licensing program.

(5) 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 counselor, social worker or marriage and family therapist board's daily activities.

Last updated September 12, 2023 at 10:03 AM

History

Effective: September 1, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4757-31-04 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 this board in accordance with section 1347.15 of the Revised Code:

(A) Social security numbers: 5 U.S.C. 552a. of 02/01/2010, unless the individual was told that the number would be disclosed.

(B) "Bureau of Criminal Investigation and Information" criminal records check results: section 4776.04 of the Revised Code, which includes Ohio reports and federal bureau of investigation reports.

(D) College and university transcripts received by the board are confidential per family educational rights and privacy act regulation 34 CFR 99.33 and 20 U.S.C. 1232g(b)(4)(B) of 01/05/2009.

Last updated September 12, 2023 at 10:03 AM

History

Effective: September 1, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4757-31-05 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 agency 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. Nothing in this rule limits the board from requiring logging in any circumstance that it deems necessary. 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.

Last updated September 12, 2023 at 10:03 AM

History

Effective: September 1, 2010
Promulgated Under: 119.03

Chapter 4757-99 Independent Rules

Ohio Adm.Code 4757-99-01 Independent rules.

Each rule of rules 4757-1-01 to 4757-99-01 of the Administrative Code, and every part of each rule is hereby declared to be an independent rule, and the holding of any rule or part thereof to be unconstitutional, void, or ineffective for any cause shall not affect the validity or constitutionality of any other rule or part thereof.

Last updated September 25, 2025 at 8:24 AM

History

Effective: December 19, 1985
Promulgated Under: 119.03