Ohio Reference

OHIO JURISPRUDENCE ASSESSMENT MODULE REFERENCE

GENERAL BOARD RULES

Chapter 4755-1

Notice; Confidential Personal Information

4755-1-01 Notice of meetings.

The Ohio occupational therapy, physical therapy, and athletic trainers board and orthotics, prosthetics, and pedorthics advisory council will comply with the public meeting requirements outlined in sections 121.22 and 121.221 of the Revised Code.
Any person can obtain the time, place, and purpose of all regularly scheduled meetings by:
1. Visiting the board's website;
2. E-mailing the board;
3. Writing the board at tis business address;
4. Calling the board during normal business hours; or
5. Appearing in person at the board office during normal business hours.
Any person can obtain advance notice of all meetings at which any specific type of public buisness is to be discussed by identifying the type of public business for which the person desires to be notified and by contacting the Ohio occupational therapy, physical therapy, and athletic trainers board as indicated in section (B) of this rule. The board will e-mail a notice of the time and place of the meeting, and the type of business to be discussed at least four calendar days before the meeting is scheduled unless the meeting is an emergency meeting.
The board will maintain a list of representatives of the news media who requested notice of special or emergency meetings. The board will e-mail notice to this list at least twenty-four hours before special meetings. In the event of an emergency meeting, the representatives of the news media who requested notification will be notified by e-mail immediately of the time, place, and purpose of the meeting. News media requesting meeting notification shall supply the board with the name, mailing address, e-mail, and telephone number of the representative to be contacted.

Replaces: 4755-1-01, 4755-21-01, 4755-40-01, 4755-61-01

Effective: 12/5/2025
Five Year Review (FYR) Dates: 9/19/2025 and 10/01/2030
Promulgated Under: 119.03
Statutory Authority: 4755.06, 4755.411, 4755.61, 4779.08
Rule Amplifies: 121.22, 121.221
Prior Effective Dates: 03/07/1977, 05/26/1978, 08/23/1982, 09/01/1982, 05/15/1991, 07/08/1991, 02/01/1992, 03/20/1998, 08/09,2002, 04/25/2003, 05/25/2003, 05/28/2003, 05/01/2005, 04/09/2007, 05/01/2007, 11/01/2008, 05/01/2009, 05/01/2011, 05/01/2012, 07/22/2018, 10/19/2018, 10/01/2020, 11/09/2023

4755-1-02 Method of public notice in adopting, amending, or rescinding rules.

The Ohio occupational therapy, physical therapy, and athletic trainers board ("board") will comply with the provisions of section 119.03 of the Revised Code for the purposes of adoption, amendment, or rescission of rules. Compliance includes giving proper and reasonable public notice of rule changes.
The board will comply with the provisions of section 106.03 of the Revised Code when reviewing existing rules.
The boad will complete the common sense initiative process for proposed rules and rule changes as required by section 107.53 of the Revised Code and any rules promulgated by that office prior to filing board rules with the legislative service commission.
Pursuant to section 119.0311 of the Revised Code, the board will publish a guide to public participation in rule-making.
Any person may receive notice of a proposed rule, amendment, or rescission by visiting the board website or by contacting the board to receive notice via e-mail.

Replaces: 4755-1-02, 4755-21-02, 4755-40-02, 4755-61-02

Effective: 11/9/2023
Five Year Review (FYR) Dates: 10/01/2025
Promulgated Under: 119.03
Statutory Authority: 4755.06, 4755.411, 4755.61, 4779.08
Rule Amplifies: 106.03, 119.03, 119.0311, 4755.06, 4755.41, 4755.61, 4779.08
Prior Effective Dates: 03/07/1977, 08/07,1978, 08/23/1982, 09/01/1982, 05/15/1991, 07/08/1991, 02/01/1992, 07/15/1995, 03/20/1998, 06/29/2001 (Emer.), 12/10/2001, 04/11/2002, 09/23/2002, 02/07/2003, 05/01/2005, 11/01/2008, 05/01/2010, 07/22/2018, 10/19/2018, 10/01/2020

4755-1-03 Personal information systems

The Ohio occupational therapy, physical therapy, and athletic trainers board ("board") will appoint one employee to be directly responsible for each personal information system maintained by the section. Said employee 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 he/she is legally required to provide such information; and,
3. Restrict the collection, maintenance and use of personal information to only that which is necessary and relevant to functions of the board as required or authorized by statute, ordinance, code or rule; and,
4. Provide all persons, asked to supply personal information that will be placed in an interconnected or combined system, with information relevant to the system, including the identity of all other agencies or organizations that have access to the information in the system; and,
5. Allow a person who is the subject of a record in a personal information system to inspect the record pursuant to section 1347.08 of the Revised Code. Upon the request and verification that the person requesting access to the record is the subject of information contained in the system, the employee shall:
  1. Inform the person of any personal information in the system of which he/she is the subject;
  2. Permit the person, or his/her legal guardian, or an attorney who presents a signed authorization made by the person, to inspect all personal information in the system of which he/she is the subject, except where prohibited by law;
  3. Inform the person of the uses made of the personal information and identify other users who have access to the system;
  4. Allow a person who wishes to exercise his/her rights as provided by the rule to be accompanied by an individual of his/her choice;
  5. 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.
The board will reprimand in writing any employee who initiates or otherwise contributes to any disciplinary or other punitive action taken against another individual who brings to the attention of appropriate authorities, the press, or a member of the public, any evidence of unauthorized use of any material contained in the personal information system. A copy of the reprimand shall be entered in the employee's personal file.
The board will monitor its personal information system by:
1. Maintaining the personal information system with the accuracy, relevance, timeliness, and completeness necessary to assure fairness in any determination made by the physical therapy section which is based on information contained in the system; and,
2. Eliminating unnecessary information from the system.
The board will investigate, upon request, the accuracy, relevance, timeliness or completeness of personal information, which is disputed by the subject of a record contained in the system, within ninety days after receipt of 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 that the section cannot verify or finds to be inaccurate; and,
3. Permit the disputant, if he/she is not satisfied with the determination made by the board, to include within the system:
  1. A brief statement of his/her position on the disputed information; or,
  2. A brief statement that he/she finds the information in the system to be inaccurate, irrelevant, outdated, or incomplete.
4. The board will maintain a copy of all statements made by a disputant.
The board will not place personal information into an interconnected and combined system, unless said system contributes to the efficiency of the agencies or organizations authorized to use the system in implementing programs which are required or authorized by law.
The board will not use personal information placed into an interconnected or combined system by another state or local agency or an organization, unless the personal information is necessary and relevant to the performance of a lawful function of the section.
The board will make available, upon request, all information concerning charges made by the section for reproduction of materials contained in its personal information system.

Replaces: 4755-8-01, 4755-26-01

Effective: 11/9/2023
Five Year Review (FYR) Dates: 10/01/2025
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.01, 1347.15
Prior Effective Dates: 08/23/1982, 09/01/1982, 05/15/1991, 02/01/1992, 08/14/2000

4755-1-04 Definitions govering access to confidential personal information.

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

"Access" as a noun means an opportunity to copy, view, or otherwise perceive whereas "access" as a verb means to copy, view, or otherwise perceive.
"Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of the agency rule addressing requirements in section 1347.15 of the Revised Code.
"Agency" means the Ohio occupational therapy, physical therapy, and athletic trainers board.
"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.
"Confidential personal information" (CPI) has the meaning as defined by division (A)(1) of section 1347.01 of the Revised Code and identified by rules promulgated by the Ohio occupational therapy, physical therapy, and athletic trainers board in accordance with division (B)(3) of section 1347.15 of the Revised Code that references the federal or state statutes or administrative rules that make personal information maintained by the agency confidential.
"Employee of the state agency" means each employee of a state agency regardless of whether he/she holds an elected or appointed office or position within the state agency. "Employee of the state agency" is limited to personnel employed by or appointed to the Ohio occupational therapy, physical therapy, and athletic trainers board.
"Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.
"Individual" means natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.
"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.
"Person" means natural person.
"Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.
"Personal information system" means a "system" that "maintains" "personal information", as those terms are defined in section 1347.01 of the Revised Code. "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.
"Research" means a methodical investigation into a subject
"Routine" means common place, regular, habitual, or ordinary.
"Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating the employees and maintained by the agency for internal administrative and human resource purposes.
"System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.
"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.

Replaces: 4755-8-02, 4755-26-02, 4755-40-03, 4755-61-03

Effective: 11/9/2023
Five Year Review (FYR) Dates:10/01/2025
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.01, 1347.15
Prior Effective Dates: 10/01/2021, 01/03/2011, 08/01/2014, 10/01/2020

4755-1-05 Procedures for accessing confidential personal information.

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

Criteria for accessing confidential personal information.

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

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

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

Verify the identify of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;
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
If all information relates to an investigation about that individual, inform the individual that the agency has no confidential personal information about the individual that is responsive to the individual's request.

Notice of invalid access.

Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the agency shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the agency shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the agency may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information was invalidly accessed, and to restore the reasonable integrity of the system.
"Investigation" as used in this rule means a review of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information Once an agency determines that notification would not delay or impede an investigation, the agency shall disclose the access to confidential personal information made for an invalid reason to the person.
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.
Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

Appointment of a data privacy point of contact.

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

Completion of a privacy impact assessment.

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

Replaces: 4755-8-03, 4755-26-03, 4755-40-04, 4755-61-04

Effective: 11/9/2023
Five Year Review (FYR) Dates: 10/01/2025
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 10/01/2010, 01/03/2011, 10/01/2020

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

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

Performing the following functions constitute valid reasons for authorized employees of the agency to access confidential personal information:
1. Responding to a public records request;
2. Responding to a request from an individual for the list of CPI the agency maintains on that individual;
3. Administering a constitutional provision or duty;
4. Administering a statutory provision or duty;
5. Administering an administrative rule provision rule or duty;
6. Complying with any state or federal program requirements;
7. Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;
8. Auditing purposes;
9. Licensure application or renewal or eligibility for examination processes;
10. Investigation or law enforcement purposes;
11. Administrative hearings;
12. Litigation, complying with an order of the court, or subpoena;
13. Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals/issues);
14. Complying with an executive order or policy;
15. Complying with an agency policy or a state administrative policy issued by the department of administrative services, the office of budget and management, or other similar state agency; or
16. Complying with a collective bargaining agreement provision.
To the extent that the general processes described in paragraph (A) of this rule do not cover the following circumstances, for the purpose of carrying out specific duties of the Ohio occupational therapy, physical therapy, and athletic trainers board, authorized employees and board members would also have valid reasons for accessing CPI in these following circumstances:
1. Authorized employees and board members may review CPI of individuals who are subject to investigation for alleged violations of Chapter 4755. or 4779. of the Revised Code or Chapters 4755 of the Administrative Code that may result in licensure discipline or application denial. Authorized employees may review CPI of individuals who are not the subject of the investigation, but who otherwise may be witnesses with information related to the investigation. CPI may be reviewed by employees and members of the board in disciplinary matters that become the subject of administrative hearings or board action, including reporting disciplinary actions as required by state and federal law.
2. Employees assigned to the continuing education audit may review CPI of license holders who are being audited for the purpose of carrying out that program.
3. Authorized employees and board members may review CPI of persons who hold, are applying for, or are renewing a license issued by the board for purposes of verifying licensure, processing licensure and renewal applications, determining eligibility for licensure, performing financial transactions and reporting related to application processing, or any other activities undertaken for the purpose of carrying out that program.
4. Employees assigned to fiscal and human resource positions may review CPI of vendors billing the board for services rendered and employees of the board for payroll and other human resource activities for the purpose of carrying out the board's daily activities.

Replaces: 4755-8-04, 4755-26-04, 4755-40-05, 4755-61-05

Effective: 11/9/2023
Five Year Review (FYR) Dates: 10/01/2025
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 10/01/2010, 01/03/2011, 10/01/2020

4755-1-07 Confidentiality statutes.

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

Social security numbers: 5 U.S.C. 552 a., unless the individual was told that the number would be disclosed.
Records of reporting required pursuant to 42 U.S.C. section 1320a-7e(b), 5 U.S.C. section 552a, and 45 C.F.R. part 61 for compliance with the U.S. department of health and human services' healthcare integrity and protection data bank (HIPDB).
"Bureau of criminal identification and investigation" criminal records check results: section 4776.04 of the Revised Code.
Records required or allowed to be kept confidential pursuant to section 149.43 of the Revised Code.
Information and records received or generated by the board pursuant to an investigation: division (E) of section 4755.02 of the Revised Code and divison (B) of section 4779.33 of the Revised Code.
Medical records submitted with requests for testing accommodations and/or continuing education waiver requests: 5 C.F.R. 164 (2014).
College and university transcripts: 20 U.S.C. 1232 g(2013).

Replaces: 4755-8-05, 4755-26-05, 4755-40-06, 4755-61-06

Effective: 11/9/2023
Five Year Review (FYR) Dates: 2/4/2019 and 02/04/2024
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 10/01/2010, 01/03/2011, 08/01/2014, 10/01/2020

4755-1-08 Restricting and logging access to confidential personal information in computerized personal information systems

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

Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure.
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.
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 agency to confidential personal information in the system.
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 personal information is not required to be entered into the log under the following circumstances:
  1. 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.
  2. 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 group of specifically named individuals.
  3. 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.
  4. The employee of the board accesses confidential personal information about an individual based upon a request made under either of the following circumstances:
    1. The individual requests confidential personal information about himself/herself.
    2. The individual makes a request that the board take 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 the purposes of this paragraph of this rule, the board may choose the form or forms of logging, whether in electronic or paper formats.
Log management. The board shall issue a policy that specifies the following:
1. Who shall maintain the log;
2. What information shall be captured in the log;
3. How the log is to be stored; and
4. How long information kept in the log is to be retained.

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

Replaces: 4755-8-06, 4755-26-06, 4755-40-07, 4755-61-07

Effective: 11/9/2023
Five Year Review (FYR) Dates: 10/01/2025
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 10/01/2010, 01/03/2011, 10/01/2020

Chapter 4755-2

Impaired Practitioner Rules; Disciplinary Procedures; License Reinstatement

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

Definitions
1. ”License holder” applies to the following license types:
  1. Athletic trainers
  2. Occupational therapists
  3. Occupational therapy assistants
  4. Orthotists
  5. Pedorthists
  6. Prosthetists
  7. Prosthetist-orthotists
  8. Physical therapists
  9. Physical therapist assistants
2. ”Board” means the occupational therapy, physical therapy, and athletic trainers board or any individual license-specific section of the board.
For purposes of this rule, an individual license holder who accepts the privilege of practicing in this state is subject to regulation by the board. Through the act of filing an application for licensure or being licensed by the board, the individual has given consent to submit to a mental or physical examination at the individual’s expense when ordered to do so by the board in writing and to have waived all objections to the admissibility of testimony or examination of reports that constitute privileged communications.
If the board receives information by the filing of a complaint with the board or upon its own information that a license holder’s ability to practice has fallen below the acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs or alcohol or other substances, or other medical condition or illness, the board may order the license holder to submit to a mental or physical examination at the license holder’s expense conducted by a designee of the board for the purpose of determining if there is an impairment that is posing a threat to the license holder’s well-being or the treatment of a patient or client whom the license holder serves.
Failure of the individual license holder to submit to a mental or physical examination order by the board constitutes an admission of the allegations against the license holder, unless the failure is due to circumstances beyond the individual's control.
If the board determines that the individual’s ability to practice is impaired, the following actions may be taken:
1. The board may suspend or place restrictions on the individual’s license to practice;
2. Deny the individual’s application for licensure and require the individual to submit to treatment; or
3. Other requirements s a condition for initial, continued, reinstated, or renewed licensure to practice.
The board at its discretion may:
1. Contract with providers of impaired treatment programs;
2. Receive and evaluate reports of suspected impairment from any source;
3. Intervene in cases of verified impairment;
4. Monitor treatment and rehabilitation of the impairment;
5. Provide post-treatment monitoring and support; or
6. Provide other functions as necessary to carry out the provisions of this rule.
The board-approved treatment program shall:
1. Receive relevant information from the board office and other sources regarding the potential impairment.
2. Report within five business days any license holder:
  1. Who refuses to cooperate with an evaluation or investigation;
  2. Who refuses to submit to treatment or rehabilitation;
  3. Whose impairment is not substantially alleviated through treatment; or
  4. Who in the opinion of the evaluators is unable to practice under their license with reasonable skill and safety.
3. Provide confidentiality of non-public information of the review process.
4. Provide an initial report of the nature, severity, and progress of the impairment.
5. Provide periodic reports, at a rate determined by the board concerning the license holder’s progress.
6. Provide a final report including the treatment outcome, and a finding as to the license holder’s fitness to practice.
7. Follow any requirements outlined in a formal agreement the license holder, or applicant for licensure has entered into with the board.
Pursuant to division (E) of section 4755.06, division (H) of section 4755.411, division (A)(12) of section 4755.61, and division (A)(8) of section 4779.08 of the Revised Code, as part of the board’s impairment or diversion program, the board hereby establishes a confidential, non-disciplinary program for the evaluation and treatment of eligible practitioners who need assistance with a potential or existing impairment due to abuse of or dependency on alcohol or drugs or other medical condition or illness. This program shall be known as the board’s safe haven program.
1. The board may contract with one entity, hereafter referred to as the monitoring organization, to conduct the safe haven program. The monitoring organization shall use licensed mental health and addiction professionals in the program. The monitoring organization shall determine the eligibility for participation in the safe haven program and provide associated services to eligible practitioners.
2. Eligible practitioners shall include license holders of the board as well as applicants who have applied for a license from the board.
3. Services provided by the monitoring organization include but are not limited to the following:
  1. Screening and/or evaluation for possible impairment due to abuse of or dependency on alcohol or drugs or other medical condition or illness;
  2. Referral to treatment providers approved by the monitoring organization for the purpose of evaluating and/or treating impairment;
  3. Establishment of individualized monitoring criteria for a duration determined by the monitoring organization to ensure the continuing care and recovery from impairment; and
  4. Case management.
4. The monitoring organization that contracts with the board to conduct the safe haven program may receive referrals from any of the following:
  1. Applicants and license holders;
  2. Other individuals;
  3. Employers;
  4. Professional societites and associations;
  5. Health care personnel and treatment providers;
  6. Other entitites and organizations; and
  7. The board.
5. To participate in the safe have program, an eligible practitioner must enter into an agreeement with the monitoring organization to seek assistance for a potential or existing impairment due to abuse of or dependency on alcohol or drugs or other medical condition or illness. The agreement may specify but is not limited to the following:
  1. Treatment and therapy plan.
  2. Support group participation.
  3. Case management.
  4. Duration of monitoring. Relapses and other failures to comply with the terms of the agreement may result in a longer period of monitoring. As appropriate, an addendum to the agreement may be initiated by the monitoring organization.
  5. Random toxicology testing.
  6. Releases for seeking information or records related to the practitioner's impairment, including but not limited to family, peers, health care personnel, employers, and treatment providers.
  7. Grounds for dismissal from participation in the safe haven program for failure to comply with program requirements.
  8. Any required fees associated with participation in the safe have program, including but not limited to fees for toxicology testing.
6. The board shall not institute disciplinary action solely based on impairment against a safe haven program participant so long as the participant enters into an agreement with the monitoring organization and complies with the same. The presence of impairment shall not excuse acts or preclude investigation or disciplinary action against a participant for other violations of Chapters 4755 and 4779 of the Revised Code or other provisions or rules adopted under it.
7. The monitoring organization shall report to the board for further investigation and/or disciplinary action any participant who is unwilling or unable to complete or comply with any part of the safe haven program, including evaluation, treatment, or monitoring.
8. The monitoring organization shall periodically provide a de-identified report to the board regarding all referrals received for individuals licensed by the board.
9. All information received and maintained by the monitoring organization shall be held in confidence subject to Section 2317.02 of the Revised Code and in accordance with federal law.

Effective: 12/11/2022
Five Year Review (FYR) Dates: 10/01/2027
Promulgated Under: 119.03
Statutory Authority: 4755.06, 4755.411, 4755.61, 4779.08
Rule Amplifies: 4755.11, 4755.47, 4755.64, 4779.28

4755-2-02 Denial and disciplinary procedures

Denial of an application for licensure or any proposed action against a license shall be in accordance with Chapter 119. of the Revised Code.
1. Pursuant to Chapter 119. of the Revised Code, a request for an administrative hearing on the proposed action shall be received by the occupational therapy, physical therapy, and athletic trainers board ("board") within thirty days of the mailing of the notice of opportunity for a hearing.
2. If a request for an administrative hearing is not received by the board within thirty days of the mailing of the notice of opportunity for a hearing, the section, upon consideration of the charges cited, may take appropriate action in the absence of the applicant or license holder.
3. Pursuant to section 4755.031 and 4779.281 of the Revised Code, a person sanctioned under sections 4755.11, 4755.47, 4755.482, 4755.64, or 4779.28 of the Revised Code shall pay a fee in the amount of the actual cost of the administrative hearing, including the cost of the court reporter, the hearing officer, transcripts, and any witness fees for lodging and travel.
The board may deny, suspend, or revoke the license of any person or reprimand, fine, or place a license holder on probation for violation of any provision of Chapter 4755. or 4779. of the Revised Code or any lawful order or rule of the board.
If the physical or mental condition of a license holder is at issue in a disciplinary proceeding, the board may order the license holder to submit to reasonable examinations by a health care practitioner designated or approved by the board at the cost of the license holder.
In the event a license issued by the board is suspended or revoked by the board pursuant to violation of any provision of Chapters 4755. or 4779. of the Revised Code or violation of any lawful order or rule of the board, the license holder shall, upon receipt of the final order of the board, immediately surrender to the board office all evidence of the person's license, including the wall certificate.

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

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

In accordance with sections 4755.11, 4755.47, 4755.64, or 4779.29 of the Revised Code, if the section of the board determines that a license holder poses an immediate threat to the public, the section shall immediately suspend the license prior to holding a hearing in accordance with Chapter 119. of the Revised Code. If the license holder fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the section shall enter a final order revoking the person's license.
The hearings and investigations related to Chpaters 4755. and 4779. of the Revised Code shall be considered civil actions for the purposes of section 3123.43 of the Revised Code. Notwithstanding section 121.22 of the Revised Code, proceedings of the board relative to the investigation of a complaint or the determination whether there are reasonable grounds to believe that a violation of Chapters 4755. or 4779. of the Revised Code allegedly occurred are confidential and are not subject to discovery in any civil action.
If requested by the board, the prosecuting attorney of a county, the village solicitor, or the city director of law of a municipal corporation, whenever a violation of Chapters 4755. or 4779. of the Revised Code allegedly occurs, will take charge of and conduct the prosecution.
In addition to any other remedy provided in Chapters 4755. or 4779. of the Revised Code, the board may request the attorney general or an appropriate prosecuting attorney to apply to an appropriate court for an order enjoining the violation of Chapters 4755. or 4779. of the Revised Code. On a showing that a person has violated or is about to violate Chapters 4755. or 4779. of the Revised Code, the court shall grant an injunction, restraining order, or other order as appropriate. The injunction proceedings are in addition to all penalties and other remedies provided in Chapters 4755. or 4779. of the Revised Code.

Replaces: 4755-3-06, 4755-21-03, 4755-48-02, 4755-64-04

Effective: 11/9/2023
Five Year Review (FYR) Dates: 10/01/2027
Promulgated Under: 119.03
Statutory Authority: 4755.06, 4755.411, 4755.61, 4779.08
Rule Amplifies: 4755.02, 4755.11, 4755.47, 4755.48, 4755.482, 4755.64, 4779.28, 4779.29, 4779.33
Prior Effective Dates: 05/26/1978, 09/01/1982, 04/08/1991 (Emer.), 07/08/1991, 02/01/1992, 07/15/1995, 01/12/1996, 03/20/1998, 8/14/2000, 07/08/2002, 03/28/2003, 04/25/2003, 05/25/2003, 05/01/2005, 03/20/2008, 05/01/2008, 05/01/2011, 05/01/2012, 08/20/2018, 10/19/2018, 10/01/2020

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

A person whose license is revoked or denied under Chapters 4755. or 4779. of the Revised Code may apply for reinstatement of the license or reconsideration of the denial of license prescribed by the rules of the board after either of the following dates, whichever is later:
1. One year from the date of revocation or denial; or
2. Date set in the board's revocation or denial order.
In evaluating an application for reinstatement of a license or reconsideration of denial of a license, the board will consider the following:
1. The nature and severity of the acts which resulted in revocation or denial of license;
2. The time elapsed since the commission of the acts;
3. Possible additional violations occurring after the revocation or denial;
4. Compliance with previous orders of the board or respective section; and
5. Any evidence of rehabilitation that the applicant may submit to the board.
Before reinstating a license issued under this chapter, the Ohio occupational therapy, physical therapy, and athletic trainers boad may require a person to take additional steps to demonstrate fitness to practice if they have been deemed out of practice according to Chapter 4755. of the Administrative Code.

Replaces: 4755-3-07, 4755-23-15, 4755-43-10, 4755-63-10

Effective: 11/9/2023
Five Year Review (FYR) Dates: 10/01/2027
Promulgated Under: 119.03
Statutory Authority: 4755.06, 4755.411, 4755.61, 4779.08
Rule Amplifies: 4755.10, 4755.11, 4755.47, 4755.61, 4755.62, 4755.64, 4779.28, 4779.31
Prior Effective Dates: 10/17/1977, 08/23/1982, 05/01/208, 05/01/2010, 07/13/2020, 10/01/2020

Chapter 4755-3

Certificate of License; Display; Verification; and Criminal Background Check

4755-3-01 Certificate of license; display; copies.

Each applicant who is approved for licensure will electronically receive a certificate of licensure for office display upon initial approval. Additional copies of the certificate are available to license holders through eLicense Ohio or its successor licensing system.
License holders shall display the original license certificate at their principal place of business and all locations of service delivery. Display of the original license certificate includes the ability to show the copy that is available through eLicense Ohio or its successor licensing system.
Verification of current licensure can be obtained from eLicense Ohio or its successor licensing system.

Replaces: 4755-3-02, 4755-23-05, 4755-44-02, 4755-63-07

Effective: 11/9/2023
Five Year Review (FYR) Dates: 10/01/2024
Promulgated Under: 119.03
Statutory Authority: 4755.06, 4755.411, 4755.61, 4779.08
Rule Amplifies: 4755.08, 4755.41, 4755.44, 4755.411 , 4755.45, 4755.451, 4755.62, 4779.10, 4779.11, 4779.12, 4779.13, 4779.17
Prior Effective Dates: 10/17/1977, 05/26/1978, 08/23/1982, 09/01/1982, 04/08/1991 (Emer.), 05/15/1991, 07/08/1991, 03/20/1998, 08/09/2002, 05/25/2003, 05/01/2007, 11/01/2008, 05/01/2009, 05/01/2010, 11/01/2010, 05/01/2011, 05/01/2013, 07/01/2016, 07/15/2019, 08/19/2019, 10/01/2020

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

A license holder shall notify the occupational therapy, physical therapy, and athletic trainers board of any change of name, place of business or employment, e-mail address, or mailing address within thirty days after the change.
Notification is made by making the change in eLicense Ohio or its successor licensing system.

Replaces: 4755-3-08, 4755-23-07, 4755-44-01, 4755-64-05

Effective: 11/9/2023
Five Year Review (FYR) Dates: 10/01/2024
Promulgated Under: 119.03
Statutory Authority: 4755.06, 4755.411, 4755.61, 4779.08
Rule Amplifies: 4755.06, 4755.411 , 4755.47, 4755.61, 4779.21
Prior Effective Dates: 10/17/1977, 05/26/1978, 08/23/1982, 09/01/1982, 04/08/1991 (Emer.), 07/08/1991, 08/09/2002, 04/25/2003, 03/20/2008, 05/01/2008, 11/01/2010, 07/01/2016, 10/19/2018/ 07/15/2019, 10/01/2020

4755-3-03 Verification of licensure.

The occupational therapy, physical therapy, and athletic trainers board shall officially verify to another regulatory entity the status of a person's license to practice in the state of Ohio upon both of the following:
1. Receipt of an official verification request submitted electronically via eLicense Ohio or its successor licensing system; and
2. Payment of the verification of license fee specified in rule 4755-4-01 of the Administrative Code.
Official verification issued by the board includes:
1. The license number and status of the license;
2. Any disciplinary action taken against the license; and
3. The initial issue date and expiration date of the license.

Replaces: 4755-3-13, 4755-23-11, 4755-43-09, 4755-63-11

Effective: 11/9/2023
Five Year Review (FYR) Dates: 10/01/2024
Promulgated Under: 119.03
Statutory Authority: 4755.06, 4755.411, 4755.61, 4779.08
Rule Amplifies: 4755.08, 4755.411, 4755.61, 4779.08
Prior Effective Dates: 05/15/1991, 07/08/1991, 03/20/1998, 08/14/2000, 05/01/2005, 05/01/2006, 05/01/2007, 05/01/2009, 10/19/2018, 10/14/2019, 07/13/2020, 10/01/2020

4755-3-04 Military provisions

Definitions.
1. "Armed forces" means:
  1. The armed forces of the United States, including the army, navy, air force, marine corps, coast guard, and space force;
  2. A reserve component of the armed forces listed in paragraph (A)(1)(a) of this rule;
  3. The national guard, including the Ohio national guard or the national guard of any other state;
  4. The commissioned corps of the United States public health service;
  5. The merchant marine service during wartime;
  6. Such other service as may be desginated by Congress; or
  7. The Ohio organized militia when engaged in full-time national guard duty for a period of more than thirty days.
2. "Member" means any person who is serving in the armed forces.
3. "Military duty" includes service in the uniformed services on active duty, in the active guard and reserve, and as a military technician dual status under 10 U.S.C. 10216.
4. "Veteran" means any person who has completed service in the armed forces, who has been discharged under honorable conditions or who has been transferred to the reserve with evidence of satisfactory service.
Temporary military licensure when the eligible person has a license in another state.
1. In accordance with section 4743.041 of the Revised Code, a person who presents the following qualifications is eligible for a temporary military license to practice in Ohio.
  1. The person holds a valid license to practice issued by another state;
  2. The person is in good standing in all states of licensure;
  3. The person presents adequate proof to the occupational therapy, physical therapy, and athletic trainers board that the person or the person's spouse is on military duty in the state of Ohio; and
  4. The person complies with the criminal records check requirements in section 4755.70 or section 4779.091 of the Revised Code. The results of the criminal records check must be received by the board prior to the issuance of a military license to practice.
2. The board shall abide by the timelines set forth in section 4743.041 (D) in granting a temporary military license.
3. An application for a temporary military license must include the following:
  1. Proof of either of the following:
    1. That the applicant is on military duty and is stationed in Ohio; or
    2. That the applicant is married to a person on military duty who is stationed in Ohio.
  2. Proof that the applicant holds a valid unrestricted license to practice in another state;
  3. Attestation that the applicant has complied with the criminal records check in section 4755.70 or section 4779.091 of the Revised Code.
  4. Attestation that the applicant is aware that the temporary military license will be revoked in accordance with Chapter 119 of the Revised Code if:
    1. The person's licensed issued by another state expires or is revoked, or the person is not in good standing;
    2. For a person who is a military spouse, six months have elapsed since the divorce, dissolution, or annulment of the marriage to a person on military duty;
    3. The person is disqualified from obtaining a license because of a conviction, judicial finding of guilt, or plea of guilty to a disqualifying criminal offense specified on the list of the Board has made available pursuant to division (C) of section 9.78 of the Revised Code.
4. A temporary military license expires six years after the date of issuance. A person may apply for a non-military license by endorsement while the military license is active.
5. All Board fees associated with a temporary military license are waived.
6. A person holding a temporary military license must practice within the licensed profession's scope of practice for the state of Ohio and may not exceed the person's education or training.
Military programs of training which may be accepted for members of the military who do not have an out of state license.

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

Occupational therapist.
1. Military programs of training.

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

Military primary specialities
1. Army: occupational therapist (AOC 65A)
2. Navy: occupational therapist (NOBC 0874)
3. Air force: occupational therapist (AFSC 42T3)
Lengths of service.

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

Occupational therapy assistant.
1. Military programs of training.

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

Army: school 083; course 303-68L10 (course 303-N3 prior to 2014).
Navy: school 083; course B-303-0152.

Military primary specialties.
1. Army: occupational therapy specialist (MOS 68L).
2. Navy: occupational therapy assistant (NEC HM-8467).
Lengths of service.

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

Physical therapist.
1. Military programs of training.

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

Military primary specialties.
1. Army: physical therapist (AOC 65B)
2. Navy: physical therapy (NOBC 0873)
3. Air force: physical therapist (AFSC 42B3)
Lengths of service.

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

Physical therapist assistant
1. Military programs of training.

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

Army: school 083; course 303-68F10 (course 303-N9 prior to 2014).
Navy: school 083; course B-303-0150.
Air force: school 083; course L8ABJ4J032 01AA.
Community college of the air force in Fort Sam Houston, Texas.
Arapahoe community college in Littleton, Colorado.
Lake Superior college in Duluth, Minnesota.
An applicant who completed a program identified in paragraphs (C)(2)(a)(i) to (C)(2)(a)(iii) of this rule but not one of the bridge programs identified in paragraphs (C)(2)(a)(iv) to (C)(2)(a)(vi) of this rule may submit to the section the results of a physical therapist assistant educational equivalency review (PTA-EER) from the foreign credentialing commission on physical therapy, inc. (FCCPT). The section will inform the applicant of any educational deficiencies identified in the evaluation that must be remediated prior to being eligible for a license.

Military primary specialties.
1. Army: physical therapy specialist (MOS 68F).
2. Navy: physical therapy technician (NEC L20A).
3. Air force: physical medicine (AFSC 4J032).
Lengths of service.

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

Athletic trainer, orthotist, prosthetist, prosthetist-orthotist, or pedorthist.

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

License renewal for active members of the military.
1. In accordance with section 5903.10 of the Revised Code, a license holder whose license expired due to the license holder's service in the armed forces is eligible for renewal of the expired license:
  1. The license holder presents the board with satisfactory evidence that, not more than six months prior to the date the evidence is submitted to the board, the license holder was honorably discharged or separated under honorable conditions;
  2. The license holder is not suffering a mental or physical illness, including physical deterioration that adversely affects cognitive, motor, or perception skills, that affect the license holder's ability to practice according to acceptable and prevailing standards of care; and
  3. The license holder meets the requirements for license renewal required by chapter 4755 of the Administrative Code.
2. The provisions of paragraph (D) of this rule also apply if the license holder's spouse served in the armed forces and the spouse's service resulted in the license holder's absence from this state.
3. This paragraph does not apply to the temporary military license in paragraph (A) of this rule. The temporary military license is non-renewable.
Continuing education for active members of the military.
1. In accordance with section 5903.12 of the Revised Code, the provisions of this paragraph apply to a license holder who has been a member of the armed forces who has served on active duty for a period in excess of thirty-one days.
2. A license holder ho meets the provisions contained in paragraph (E)(1) of this rule may submit an application to the board requesting an extension of the current continuing education reporting period via a continuing education waiver request.
  1. The license holder m?ust submit proper documentation certifying the active duty service and the length of that active duty service.
  2. Upon receiving the application and proper documentation, the board will extend the current continuing education reporting period by an amount of time equal to the total number of months that the license holder spent on active duty during the current continuing education reporting period. Any portion of a month served must be considered one full month.
??Determining fillment of continuing education for active members of the military.
1. ?In accordance with section 5903.121 of the Revised Code, the board must consider relevant education, training, or service completed by a license holder as a member of the armed forces in determining whether a license holder has met the continuing education requirements needed to renew the license.
2. For the board to consider relevant education, training, or service completed by the license holder in accordance with paragraph (F) of this rule, the license holder must submit a request for consideration and documentation of the education, training, or service to the board at least ninety days prior to the expiration of the license.
?The application free described in rule 4755-4-01 is waived for an applicant who is a current member of the armed forces.
Application process.
1. The board's applications must include a question to identify if the applicant is a member of the armed forces, a veteran, or a spouse or surviving spouse of a member of the armed forces or veteran. This status must be stored in the licensing system.
2. When the board receives an application from a person identified in paragraph (H)(1) of this rule, the processing of that application must be prioritized, with a goal of ensuring that a license is issued the same day that the application is complete.

Replaces: 4755-3-15, 4755-23-17, 4755-43-12, 4755-63-13

Effective: 10/10/2024
Five Year Review (FYR) Dates: 01/05/2021 and 10/01/20xx
Promulgated Under: 119.03
Statutory Authority: 4743.041, 5903.03, 5903.04
Rule Amplifies: 4743.041, 5903.121, 5903.12, 5903.10, 5903.03, 5903.04
Prior Effective Dates: 5/1/2014, 6/27/2014, 9/1/2014, 7/15/2019, 3/22/2021

4755-3-05 Criminal records check.

In addition to initial licensure requirements established in Chapter 4755 of the Administrative Code, all applicants for initial licensure for any license issued by the occupational therapy, physical therapy, and athletic trainers board ("board") shall submit to a criminal records check completed by the bureau of criminal identification and investigation in accordance with section 4755.06, 4755.70, and 4779.091 of the Revised Code. The results of the criminal records check shall be received by the board prior to the issuance of a license to practice.
The applicant shall have the results of the criminal records check forwarded to the Ohio occupational therapy, physical therapy, and athletic trainers board according to written instructions available on the board's website.
In the request, the applicant shall ask the superintendent of the bureau of criminal identification and investigation to obtain from the federal bureau of investigation any information it has pertaining to the applicant.
The board will only accept the results of a criminal records check that is submitted to the board directly by the bureau of criminal identification and investigation in compliance with this rule.
A criminal records check will not be required if the applicant has caused the results of a criminal records check to be filed with the board in accordance with the requirements of this rule within six months of the date that the board received the results of the criminal records check. A new criminal records check will be required if the applicant's criminal records check on file with the board is greater than six months old based on the date the board received the report.

Replaces: 4755-3-14, 4755-23-14, 4755-43-07, 4755-63-12

Effective: 11/9/2023
Five Year Review (FYR) Dates: 10/01/2024
Promulgated Under: 119.03
Statutory Authority: 4776.03, 4755.06, 4755.411, 4755.61, 4779.08
Rule Amplifies: 4755.70
Prior Effective Dates: 05/01/2008, 05/01/2009, 05/01/2012, 10/01/2020

Chapter 4755-4

Fees

4755-4-01 Fees.

Fees are provided for throughout Chapters 4755. and 4779. of the Revised Code and are established by the ocupational therapy, physical therapy, and athletic trainers board ("board") in the amounts not to exceed the maximum allowable pursuant to Chapters 4755. and 4779. of the Revised Code. Current fees on the effective date of this rule are subject to change by action of the board, the controlling board, or the general assembly. Information about fees is available on the board website.
Fee amounts are as follows:
1. Initial licensing fee - not to exceed one hundred dollars;
2. Additional copy of a certificate of licensure - not to exceed thirty dollars;
3. Biennial renewal fee - not to exceed one hundred dollars;
4. Fee for mailing lists - not to exceed th actual cost of duplication and mailing; A list of license holders may be obtained by:
  1. Writing the board and submitting a check or money order made payable to "Ohio Treasurer of State" in the appropriate amount; or
  2. E-mailing the board. No fee is required for a mailing list request fulfilled electronically.
5. Verification of a license - not to exceed thirty dollars;
6. Reinstatement fee - not to exceed one hundred dollars;
7. Review of a continuing education activity - not to exceed twenty-five dollars;
8. Physical therapy compact privilege fee for Ohio - not to exceed fifty dollars;
9. Occupational therapy compact privilege fee for Ohio - not to exceed fifty dollars;
10. Consolidation of an orthotist or prosthetist license into a prosthetist-orthotist license - not to exceed fifty dollars;
11. Authority to engage in 3-D printing of open-source prosthetic kits - not to exeed twenty-five dollars;
Fees are payable by credit card.
Fees shall be submitted with an application or other request.

Replaces: 4755-5-01, 4755-5-04, 4755-5-05, 4755-5-06, 4755-5-07, 4755-5-08, 4755-5-09, 4755-5-11, 4755-24-01, 4755-24-03, 4755-24-04, 4755-24-05, 4755-24-06, 4755-24-07, 4755-24-08, 4755-47-01, 4755-47-02, 4755-47-03, 4755-47-04, 4755-47-05, 4755-47-06, 4755-66-01, 4755-6603, 4755-66-04, 4755-66-06, 4755-66-07, 4755-66-08, 4755-66-09, 4755-66-10

Effective: 8/21/2025
Five Year Review (FYR) Dates: 10/01/2028
Promulgated Under: 119.03
Statutory Authority: 4755.06, 4755.411, 4755.57, 4755.61, 4779.08, 4755.57
Rule Amplifies: 4755.08, 4755.41, 4755.44, 4755.411 , 4755.45, 4755.451, 4755.62, 4779.10, 4779.11, 4779.12, 4779.13, 4779.17
Prior Effective Dates: 09/26/1978, 01/26/1980, 08/23/1982, 09/01/1982, 04/08/1991, 05/15/1991, 01/12/1996, 03/20/1998, 03/2/1999, 08/14/2000, 08/09/2002, 01/23/2003, 05/01/2005, 05/01/2007, 03/20/2008, 05/01/2008, 11/01/2008, 05/01/2009, 05/01/2010, 11/01/2010, 05/01/2011, 05/01/2013, 05/01/2014, 09/01/2015, 11/14/2016, 07/22/2018, 04/01/2019, 07/15/2019, 10/01/2020, 10/01/2021, 11/09/2023

4755-4-02 Waiver of fees.

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

Replaces: 4755-5-10, 4755-24-09, 4755-66-11

Effective: 11/9/2023
Five Year Review (FYR) Dates: 10/01/2028
Promulgated Under: 119.03
Statutory Authority: 4755.06, 4755.411, 4755.57, 4755.61, 4779.08
Rule Amplifies: 4755.11, 4755.41, 4755.44, 4779.09, 4779.10, 4779.11, 4779.12, 4779.13, 4779.17
Prior Effective Dates: 08/09/2002, 01/23/2003, 05/01/2006, 11/01/2008, 11/01/2010, 09/01/2015, 11/14/2016, 10/01/2020

Chapter 4755-5

Youth Sports Concussion

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

For purposes of this rule:
1. "Amsterdam Guidelines" means the consensus statement on concussion in sport: the sixth international conference on concussion in sport held in Amsterdam, October 2022 (available on the OTPTAT Board website http://otptat.ohio.gov).
2. "Interscholastic athletics" means an interscholastic extracurricular activity that a school or school district sponsors or participates in that includes participants from more than one school or school district.
3. "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
4. "Youth" means an individual between the ages of four and nineteen who participated in a youth sports organization or interscholastic athletics and was removed from practice of competition under division (D) of section 3313.539 of the Revised Code or division (D) of section 3707.511 of the Revised Code, based on exhibiting signs, symptoms, or behaviors consistent with having sustained a concussion or head injury while participating in practice or competition.
5. "Youth sports organization" has the same meaning as in section 3707.51 of the Revised Code and means a public or nonpublic entity that organizes an athletic activity in which the athletes are not more than nineteen years of age and are required to pay a fee to participate in the athletic activity or whose cost to participate is sponsored by a business or nonprofit organization.
An occupational therapy, physical therapist, and athletic trainer may assess and clear a youth to return to practice or competition if all of the following requirements are met:
1. Pursuant to sections 3313.539 and 3707.511 of the Revised Code, the assessment and clearance is done:
  1. In consultation with a physician;
  2. Pursuant to the referral of a physician;
  3. In collaboration with a physician; or
  4. Under the supervision of a physician.
2. The occupational therapist, physical therapist, and athletic trainer has completed education and training in the detection of concussions and/or sports and recreation-related traumatic brain injuries, the clinical features of concussions and/or sports and recreation-related traumatic brain injuries, assessment techniques, and the principles of safe return to play protocols consistent with the Amsterdam guidelines and/or nationally accepted standards and guidelines consistent with the Amsterdam guidelines.
3. The occupational therapist, physical therapist, and athletic trainer maintains competency through continuing education activities in the detection of concussions and/or sports and recreation-related traumatic brain injuries, the clinical features of concussions and/or sports and recreation-related traumatic brain injuries, assessment techniques, and the principles of safe return to play protocols consistent with the Amsterdam guidelines and/or nationally accepted standards and guidelines consistent with the Amsterdam guidelines.
The OTPTAT Board recommends that occupational therapists, physical therapists, and athletic trainers who assess and clear a youth to return to practice or competition in accordance with this rule do both of the following:
1. Ensure that a portion of the required continuing education focus on the items listed in paragraphs (B)(2) and (B)(3) of this rule.
2. Use the medical clearance to return to play after suspected concussion form located on the OTPTAT Board website (http://otptat.ohio.gov).

Effective: 12/14/2023
Replaces: 4755-7-11, 4755-27-08, 4755-43-13
Five Year Review (FYR) Dates: 10/01/2028
Promulgated Under: 119.03
Statutory Authority: 3707.521
Rule Amplifies: 3707.511, 3707.52, 3707.521, 3313.539
Prior Effective Dates: 5/1/2016, 06/07/2021

PT SECTION RULES

Chapter 4755:2-1

Licensing and Examination

4755:2-1-01 Applications for initial license

To receive a license to practice as a physical therapist or physical therapist assistant, an applicant shall be at least eighteen years of age.
All applications for initial licensure as a physical therapist or physical therapist assistant shall be submitted to the physical therapy section on forms provided by the section. All applications, fees, statements, and other documents so submitted shall be retained by the section.
Applications are:
1. Submitted electronically via eLlicense Ohio or its successor electronic licensing system;
2. Electronically signed via eLicense Ohio or its successor electronic licensing system;
3. Accompanied by the fee prescribed by rule 4755-4-01 of the Administrative Code; and
4. Accompanied by such evidence, statements, or documents as specified on the application including viewing any presentation required by the board.
For the purposes of filing an electronic application via eLicense Ohio or its successor licensing system, the applicant will create log-in credentials. The use of these credentials is solely the responsibility of the person who created it. The credentials shall constitute the legally recognized signature for the purposes of this rule and may not be transferred, distributed, or shared with any other person.
Any application received in accordance with this rule that remains incomplete one year after the initial application filing shall be considered to be abandoned and no further processing shall be undertaken with respect to that application.
1. If the application process extends for a period longer than one year, the board may require updated information as it deems necessary.
2. No application for licensure may be withdrawn without approval of the board.

Replaces: 4755-23-01

Effective: 10/11/2024
Five Year Review (FYR) Dates: 10/01/2028
Promulgated Under: 119.03
Statutory Authority: 4755.411
Rule Amplifies: 4755.42, 4755.421
Prior Effective Dates: 05/26/1978, 09/01/1982, 02/01/1992, 03/20/1998, 05/25/2003, 05/01/2005, 03/20/2008, 05/01/2011, 5/15/2019

4755:2-1-02 Educational requirements

To be eligible for licensure as a physical therapist, an applicant shall complete a program in physical therapy accredited by the commission on accreditation of physical therapy education.
To be eligible for licensure as a physical therapist assistant, an applicant shall complete a program for physical therapist assistants accredited by the commission on accreditation of physical therapy education.
An applicant holding a license or registration to practice as a physical therapist or physical therapist assistant in another country is eligible for licensure in Ohio if the applicant's education is reasonably equivalent to the educational requirements that were in force for licensure in Ohio in accordance with sections 4755.45 and 4755.451 of the Revised Code.

Effective: 4/1/2025
Five Year Review (FYR) Dates: 10/01/2028
Promulgated Under: 119.03
Statutory Authority: 4755.411, 4796.30
Rule Amplifies: 4755.42, 4755.421, 4796.03
Prior Effective Dates: 09/01/1982, 02/01/1992, 07/15/1995, 03/20/1998, 03/20/1999, 05/01/2005, 03/20/2008, 07/01/2015, 10/14/2019, 12/14/2023

4755:2-1-03 License by examination

To be licensed by examination as a physical therapist an applicant shall pass the following examinations:
1. The national physical therapy examination (NPTE) for physical therapists administered by the federation of state boards of physical therapy; and
2. The examination approved by the physical therapy section on the laws and rules governing the practice of physical therapy in the state of Ohio.
To be licensed by examination as a physical therapist assistant an applicant shall pass the following examinations:
1. The NPTE for physical therapist assistants administered by the federation of state boards of physical therapy; and
2. The examination approved by the physical therapy section on the laws and rules governing the practice of physical therapy in the state of Ohio.
Applicants failing the NPTE may be approved to re-take the NPTE following the submission of the application for licensure by examination up to any limit set by the federation of state boards of physical therapy or as determined by the physical therapy section.
In addition to the other requirements of this rule, a foreign educated applicant for licensure as a physical therapist or physical therapist assistant shall meet the requirements established in rule 4755-23-12 OR 4755:2-1-07 of the Administrative Code.
An applicant who satisfies all requirements of the Ohio Revised Code and Ohio Administrative Code and who passes the examinations specified in:
1. Paragraphs (A)(1) and (A)(2) of this rule shall be issued a license to practice as a physical therapist.
2. Paragraphs (B)(1) and (B)(2) of this rule shall be issued a license to practice as a physical therapist assistant.
An applicant who passed the NPTE under the approval of another state physical therapy regulatory entity is eligible for a license by examination provided the applicant meets all other requirements contained in sections 4755.40 to 4755.56 of the Revised Code and any rule adopted by the physical therapy section and provided that the applicant was never issued a license to practice in the state that approved the applicant to sit for the NPTE.

Effective: 12/14/2023
Replaces: 4755-23-03
Five Year Review (FYR) Dates: 10/01/2028
Promulgated Under: 119.03
Statutory Authority: 4755.411, 4796.30
Rule Amplifies: 4755.42, 4755.441, 4755.44, 4755.431, 4755.43, 4755.421, 4796.03
Prior Effective Dates: 09/01/1982, 02/01/1992, 02/01/1993, 07/15/1995, 03/20/1998, 05/25/2003, 05/01/2006, 03/20/2008, 05/01/2009, 07/01/2015, 10/19/2018, 10/14/2019

4755:2-1-04 License by endorsement

The physical therapy section may issue a license by endorsement to an applicant who is currently licensed as a physical therapist or physical therapist assistant under the laws of another state, provided the requirements for licensure under the appropriate category in that state are substantially similar to this state pursuant to section 4796.03 of the Revised Code, as determined by the physical therapy section.
In addition to the other requirements of this rule, an internationally trained applicant for licensure as a physical therapist or physical therapist assistant by endorsement shall meet the requirements established in rule 4755-23-12 or 4755:2-1-07 of the Administrative Code, unless the person has already met substantially similar requirements for licensure in another state in accordance with chapter 4796.03 of the Revised Code, as determined by the physical therapy section.
An applicant who has been out of the practice of physical therapy for a period of five or more years shall:
1. Retake and pass the NPTE; or
2. Complete an action plan as approved by the physical therapy section.
3. Out of practice is defined as being actively engaged in the practice of physical therapy for fewer than five hundred hours over the five year period prior to the date the applicant submits the endorsement application.
An applicant who satisfies all requirements of the Ohio Revised Code and Ohio Administrative Code and who fulfills the requirements listed in paragraphs (A) to (C) of this rule shall be issued a license to practice as a physical therapist or physical therapist assistant.

Effective: 12/14/2023
Replaces: 4755-23-04
Five Year Review (FYR) Dates: 10/01/2028
Promulgated Under: 119.03
Statutory Authority: 4755.411, 4796.30
Rule Amplifies: 4755.45, 4755.451, 4796.03
Prior Effective Dates: 05/26/1978, 09/01/1982, 03/25/1985, 02/01/1992, 02/01/1993, 03/20/1998, 05/25/2003, 05/01/2006, 05/01/2007, 03/20/2008, 05/01/2009, 05/01/2010, 07/01/2015, 10/14/2019, 10/15/2020

4755:2-1-05 Biennial renewal of licensure

Renewal of a physical therapist or physical therapist assistant license happens in accordance with section 4755.46 of the Revised Code.
1. The following shall be completed to satisfy the requirements of license renewal.
  1. The entire licensure renewal application, including any required forms;
  2. Compliance with the continuing education requirement specified in rule 4755:2-3-01 of the Administrative Code; and
  3. Payment of the renewal fee prescribed by rule 4755-4-01 of Administrative Code.
2. The licensure renewal notice is sent to the e-mail address on file with the board.
All persons licensed as a physical therapist shall renew their license by the thirty-first day of January in each even-numbered year. When a license to practice as a physical therapist is issued by the board on or after October first of an odd-numbered year, that license shall be valid through the thirty-first day of January of the second even-numbered year.
All persons licensed as a physical therapist assistant shall renew their license by the thirty-first day of January in each odd-numbered year. When a license to practice as a physical therapist assistant is issued by the board on or after October first of an even-numbered year, that license shall be valid through the thirty-first day of January of the second odd-numbered year.
Persons who fail to submit the renewal fee, completed application, any other required information, and/or comply with the continuing education requirement specified in rule 4755:2-3-01 of the Administrative Code, by the thirty-first day of January of the appropriate year shall have their license automatically expire.
1. A license holder whose license expires for failure to renew shall submit a reinstatement application in accordance with rule 4755-23-10 of the Administrative Code. The physical therapy section shall approve the reinstatement application before the person may legally practice as a physical therapist or physical therapist assistant in Ohio.
2. A license holder who continues to practice physical therapy or physical therapy assisting with an expired license shall be subject to disciplinary action pursuant to section 4755.47 of the Revised Code or is guilty of a misdemeanor pursuant to section 4755.99 of the Revised Code.
For the purposes of filing an electronic renewal application via eLicenseOhio or its successor licensing system, the applicant shall create log-in credentials. The use of the "UserID" and password is solely the responsibility of the person to whom it is issued. The "UserID" and password shall constitute the legally recognized signature for the purposes of this rule and may not be transferred, distributed, or shared with any other person.

Replaces: 4755-23-06

Effective: 10/11/2024
Five Year Review (FYR) Dates: 10/01/2028
Promulgated Under: 119.03
Statutory Authority: 4755.411
Rule Amplifies: 4755.46
Prior Effective Dates: 09/01/1982, 02/01/1992, 07/15/1995, 05/01/2005, 09/10/2007, 05/01/2010, 07/01/2015, 7/13/2020

4755:2-1-06 Reinstatement of license

Pursuant to rule 4755:2-1-05 of the Administrative Code, the physical therapist or physical therapist assistant license of a person who fails to comply with the renewal requirements shall automatically expire as follows:
1. A physical therapist license expires on the thirty-first of January of even-numbered years.
2. A physical therapist assistant license expires on the thirty-first of January of odd-numbered years.
All applicants for reinstatement shall submit a completed application on the forms specified by the section. All applications shall:
1. Be submitted electronically via eLicense Ohio or its successor electronic licensing system;
2. Be electronically signed via eLicense Ohio or its successor licensing system;
3. Contain the fee prescribed by rule 4755-4-01 of the Administrative Code; and
4. Contain proof that the applicant met the appropriate continuing education requirement:
  1. For reinstatement applications submitted before March first of the year in which the applicant's license expired, the applicant shall complete the number of contact hours of continuing education that were required to renew the expired license. All contact hours used to reinstate the license shall be in accordance with rule 4755:2-3-01 of the Administrative Code. Contact hours used to meet the requirement of this paragraph shall not be used to renew the reinstated license.
  2. For reinstatement applications submitted on or after March first of the year in which the applicant's license expired, the applicant shall complete the number of contact hours specified in rule 4755:2-3-01 of the Administrative Code within the two year period immediately preceding the date the board receives the application for reinstatement. All contact hours used to reinstate the license shall be in accordance with rule 4755:2-3-01 of the Administrative Code. Contact hours used to meet the requirement of this paragraph shall not be used to renew the reinstated license.
5. Be accompanied by such evidence, statements, or documents as specified on the application, including viewing any presentation required by the board.
An applicant who has been out of the practice of physical therapy for a period of five or more years shall:
1. Retake and pass the national physical therapy examination; or
2. Complete an action plan as approved by the physical therapy section.

Out of practice is defined as being actively engaged in the practice of physical therapy for fewer than five hundred hours over the five year period prior to the date the applicant submits the reinstatement application.

The applicant must take and pass the renewal jurisprudence module as specified in rule 4755:2-3-01 of the Administrative Code.
The physical therapy section may require persons filing reinstatement applications to appear in person before the section.
For the purposes of filing an electronic application via the eLicense Ohio or its successor licensing system, the applicant will create log-in credentials. The use of these credentials is solely the responsibility of the person who created it. The credentials constitute the legally recognized signature for the purposes of this rule and may not be transfered, distributed, or shared with any other person.
Any application received in accordance with this rule that remains incomplete one year after the initial application filing shall be considered to be abandoned and no further processing shall be undertaken with respect to that application.
1. If the application process extends for a period longer than one year, the board may require updated information as it deems necessary.
2. No application for licensure may be withdrawn without approval of the board.

Replaces: 4755-23-10

Effective: 10/11/2024
Five Year Review (FYR) Dates: 10/01/2028
Promulgated Under: 119.03
Statutory Authority: 4755.411
Rule Amplifies: 4755.411 , 4755.46
Prior Effective Dates: 9/21/01, 5/1/04, 5/1/05, 5/1/07, 3/20/08, 5/1/09, 5/1/10, 5/1/11, 7/1/15, 5/4/2020

4755:2-1-07 Requirements for internationally educated applicants

An "internationally-educated applicant" is a person whose physical therapist or physical therapist assistant education was obtained in a program not accredited by the commission on accreditation of physical therapy education and located in a country other than the United States.
All internationally-educated applicants applying to be licensed as a physical therapist must show an educational background deemed by the physical therapy section to be reasonably equivalent to the requirements established in section 4755.42 of the Revised Code, division (A)(4) of section 4755.45 of the Revised Code, and paragraph (A) of rule 4755-23-02 of the Administrative Code.
All internationally-educated applicants applying to be licensed as a physical therapist assistant must show an educational background deemed by the physical therapy section to be reasonably equivalent to the requirements established in section 4755.421 of the Revised Code, division (A)(4) of section 4755.451 of the Revised Code, and paragraph (B) of rule 4755-23-02 of the Administrative Code.
All internationally-educated applicants applying to be licensed as a physical therapist must submit to the section an evaluation of education credentials prepared by a professional education evaluating service approved by the section.
1. Evaluations of the applicant's international education coursework content and required semester credits shall be completed utilizing the appropriate coursework evaluation tool adopted by the federation of state boards of physical therapy. The appropriate coursework evaluation tool means the latest edition coursework evaluation tool that applies to either of the following:
  1. The period when the applicant was initially licensed or registered as a physical therapist or physical therapist assistant in the initial country of license; or
  2. The period when the applicant completed their physical therapist or physical therapist assistant education program if the country in which the education program was completed does not issue a physical therapist license or registration.
2. The section may accept an evaluation completed for another state if the other state's educational requirements for licensure, including the coursework tool used, were substantially equivalent to Ohio's for the period of review.
3. The following professional education evaluating services are approved by the section to conduct and submit an evaluation of education credentials to the section:
  1. Foreign credentialing commission on physical therapy, inc. (FCCPT).
  2. International consultants of Delaware, inc. (ICD).
  3. International education research foundation, inc. (IERF).
4. A list of approved professional education evaluating services shall also be available on the board's website (http://otptat.ohio.gov).
To be considered reasonably equivalent to the requirements established in rule 4755-23-02 of the Administrative Code, the applicant's international education must contain evidence of the content and distribution of coursework identified in the appropriate coursework evaluation tool identified in paragraph (D)(1) of this rule.
The general education requirements established in rule 4755-23-02 of the Administrative Code may be satisfied by credits earned through successful completion of college level examination program (CLEP) or advanced placement (AP) credits.
Evaluations prepared pursuant to paragraph (D) of this rule reflect only the findings and conclusions of the evaluating service and shall not be binding upon the physical therapy section. In accordance with division (B) of section 4755.45 of the Revised Code or division (B) of section 4755.451 of the Revised Code, if the physical therapy section determines that an applicant's education does not meet the conditions of division (A)(4) of section 4755.45 or division (A)(4) of section 4755.451, the physical therapy section shall send written notice via certified mail stating the reasons why the applicant's education is not reasonably equivalent.
All internationally-educated applicants shall demonstrate a working knowledge of English by obtaining:
1. Scores of at least:
  1. 4.5 on the test of written English (TWE);
  2. Fifty on the test of spoken English (TSE); and
  3. Two hundred twenty on the computer based test of English as a foreign language (TOEFL) or five hundred sixty on the paper based TOEFL; or
2. Scores on the TOEFL iBT of at least:
  1. Twenty-four on the writing section;
  2. Twenty-six on the speaking section;
  3. Twenty-one on the reading comprehension section;
  4. Eighteen on the listening comprehension section; and
  5. Eighty-nine on the overall examination
3. A internationally-educated applicant whose native language is English and who graduated from a physical therapy or physical therapist assistant education program located in Australia, Canada (except Quebec), Ireland, New Zealand, or the United Kingdom shall not be required to demonstrate a working knowledge of English.
An applicant must meet the requirements established in paragraph (H) of this rule prior to the board making the applicant eligible to sit for the examinations specified in rule 4755-23-03 of the Administrative Code.
An internationally-educated applicant who is a candidate for licensure by endorsement may request a waiver for the TOEFL requirements established in paragraph (H) of this rule. In order to qualify for a waiver, the applicant must show proof of completion of a minimum of one thousand hours of clinical practice each year in a state or territory of the United States or in a country listed in paragraph (H)(3) of this rule for three of the last ten years immediately prior to application. No more than five years can have elapsed since the applicant has been actively engaged in the practice of physical therapy. The physical therapy section may, at its discretion, grant a waiver of the TOEFL requirement.

Replaces: 4755-23-12

Effective: 2/12/2024
Five Year Review (FYR) Dates: 10/01/2028
Promulgated Under: 119.03
Statutory Authority: 4755.411
Rule Amplifies: 4755.42, 4755.421, 4755.43, 4755.431, 4755.44, 4755.441, 4755.45, 4755.451
Prior Effective Dates: 5/1/2007, 3/20/2008, 5/1/2010, 5/1/2011, 5/1/2014, 7/1/2015, 2/1/2020, 3/20/2023

4755:2-1-08 Requirements for teaching physical therapy

Pursuant to section 4755.482 of the Revised Code, no individual shall teach a physical therapy theory and procedures course in physical therapy education as the faculty of record without obtaining a license to practice physical therapy in Ohio.
Notwithstanding paragraph (A) of this rule, an individual may teach a physical therapy theory and procedures course as the faculty of record without holding an Ohio physical therapy license in the following situations:
1. A physical therapist who holds a current, valid license to practice physical therapy in another U.S. state or territory may teach physical therapy theory and procedures for up to one year without obtaining a license in Ohio.
2. A physical therapist who holds a current, valid license or registration to practice physical therapy in another country who is not licensed as a physical therapist in any U.S. state or territory may teach a physical therapy theory and procedures course without holding an Ohio physical therapy license if the following apply:
  1. Either the foreign licensed individual or the physical therapy educational institution apply to the physical therapy section for authorization for the individual to teach for up to one year; and
  2. A designated member(s) of the physical therapy section approves the application.
One year means three hundred sixty-five consecutive days from the first day that the individual teaches in Ohio.
If a non-Ohio licensed physical therapist plans on teaching physical therapy theory and procedures for more than one year, the individual must obtain an Ohio physical therapist license in accordance with section 4796.03 of the Revised Code prior to the completion of the one year period.
An individual teaching physical therapy theory and procedures as the faculty of record without a current Ohio license pursuant to paragraph (B) of this rule must notify the physical therapy section. The notification shall include:
1. The individual's name;
2. The physical therapy education institution where the individual will teach;
3. The name and number of the course(s) that the individual will teach;
4. The date that the individual will commence teaching in Ohio; and
5. The license number for all valid physical therapy licenses held in the United States or any foreign country.

Effective: 12/14/2023
Replaces: 4755-23-13
Five Year Review (FYR) Dates: 10/01/2028
Promulgated Under: 119.03
Statutory Authority: 4755.411, 4796.30
Rule Amplifies: 4755.482, 4796.03
Prior Effective Dates: 05/01/2009

4755:2-1-09 Physical therapy compact privileges

As required by section 4755.57 of the revised code, the physical therapy section shall comply with all by laws, rules, and administrative regulations of the physical therapy compact commission.
Pursuant to section 4.A.7. of section 4755.57 of the revised code, all physical therapy compact privilege applicants seeking to obtain a compact privilege in Ohio are also required to successfully pass the Ohio jurisprudence assessment module (JAM) that is offered through the federation of state boards of physical therapy. The JAM must be passed prior to the individual practicing physical therapy in the state of Ohio.
The JAM is required prior to renewal of a compact privilege to continue practicing physical therapy in Ohio, except that the JAM is not required for the first renewal of the compact privilege.
Practicing physical therapy in Ohio prior to passage of the JAM may result in disiciplinary action, including termination of the applicant's compact privilege.

Replaces: 4755-23-16

Effective: 10/11/2024
Five Year Review (FYR) Dates: 10/1/2028
Promulgated Under: 119.03
Statutory Authority: 4755.57
Rule Amplifies: 4755.57
Prior Effective Dates: 10/1/2021

Chapter 4755:2-2

Conduct of Licensees

4755:2-2-01 Code of ethical conduct for physical therapists and physical therapist assistants

A person licensed by the physical therapy section has a responsibility to work at the highest level of ethics, integrity, and professionalism as guided by this code of ethical conduct.

For the purposes of this rule, the patient-therapist relationship may extend beyond the established plan of care.
Ethical integrity.

License holders shall use the provisions contained in paragraphs (B)(1) to (B)(11) of this rule as guidelines for promoting ethical integrity and professionalism. Failure to comply with paragraphs (B)(1) to (B)(11) of this rule may be grounds for disciplinary action pursuant to section 4755.47 of the Revised Code and in accordance with Chapter 119. of the Revised Code.

A license holder shallr espect the rights and dignity of all patients and provide compassionate care as described in paragraphs (B)(1)(a) and (B)(1)(b) of this rule.
1. A license holder shall recognize individual differences with patients and shall respect and be responsive to those differences.
2. A license holder shall be guided by concern for the physical, psychosocial, and socioeconomic welfare of patients.
A license holder shall exercise sound judgment, place the best interests of the patient over the interests of the license holder, and act in a trustworthy manner in all aspects of physical therapy practice. Regardless of practice setting, the license holder shall maintain the ability to make independent judgments. A license holder shall strive to effect changes that benefit patient.
A license holder shall only seek compensation that is reasonable for the physical therapy services delivered. A license holder shall never place the license holder's own financial interests above the welfare of the license holder's patients. A license holder, regardless of the practice setting, shall safeguard the public from unethical and unlawful business practices.
A license holder shall not intentionally or knowingly offer to pay or agree to accept any compensation, directly or indirectly, overtly or covertly, in cash or in kind, to or from any person or entity for receiving or soliciting patients or patronage, regardless of the source of the compensation.
A license holder shall not influence a patient or the patient's family to utilize, purchase, or rent any equipment based on the direct or indirect financial interests of the license holder. Recommendations of equipment shall be based solely on the therapeutic value of that equipment to the patient. A license holder who owns or has a direct financial interest in an equipment or supply company shall disclose the financial interest to the patient if the license holder sells or rents, or intends to sell or rent, to the patient.
A license holder shall ensure the patient's rights to participate fully in their care, including the patient's right to select the physical therapy provider, regardless of the practice setting.
A license holder shall respect the rights, knowledge, and skills of colleagues and other health care professionals.
A license holder shall safeguard the public from underutilization or overutilization of physical therapy services.
A license holder shall provide accurate and relevant information to patients about the patients' care and to the public about physical therapy services.
A license holder shall report to the physical therapy section any unprofessional, incompetent, or illegal behavior of a physical therapist or physical therapist assistant of which the license holder has knowledge.
Where the alleged violation involves impairment issues and no other provisions of Chapter 4755 of the Revised Code or rules adopted under it, the reporting license holder may make a referral to the safe haven program in lieu of making report to the physical therapy section.

C. Ethical conduct.

Ethical conduct includes conforming to the minimal standards of acceptable and prevailing physical therapy practice based on current available evidence. Conduct may be considered unethical regardless of whether or not actual injury to a patient occurred. Failure to comply with paragraphs (C)(1) to (C)(16) of this rule may be grounds for disciplinary action pursuant to section 4755.47 of the Revised Code and in accordance with Chapter 119. of the Revised Code.

A license holder shall adhere to the standards of ethical practice by practicing in a manner that is moral and honorable. A license holder may be disciplined for violating any provision contained in division (A) of section 4755.47 of the Revised Code.
A license holder shall not cheat or assist others in conspiring to cheat on the national physical therapy examination, the state jurisprudence examination, or the renewal jurisprudence module.
A person shall not practice physical therapy without a valid license, or without holding student status, including:
1. Practicing physical therapy while a person's license is suspended or revoked.
2. Practicing physical therapy with an expired license or when no longer enrolled as a student in an accredited entry level physical therapy educational program.
A license holder shall obtain informed consent from the patient or legal guardian.
1. A license holder, unless otherwise allowed by law, shall not provide patient care without disclosing to the patient or the patient's representative, the benefits, substantial risks, if any, or alternatives to the recommended examination or intervention.
2. Information relating to the patient-therapist relationship is confidential and may not be communicated to a third party not involved in that patient's care without the prior written consent of the patient or the patient's representative, or unless otherwise allowed by law. Information shall be disclosed when required by law for the protection of the patient or the public.
A license holder shall adhere to the minimal standards of acceptable prevailing practice. Failure to adhere to minimal standards of practice, whether or not actual injury to a patient occurred, includes, but is not limited to:
1. Failing to assess and evaluate a patient's status;
2. Performing or attempting to perform techniques, procedures, or both in which the license holder is untrained by education or experience;
3. Delegating physical therapy functions or responsibilities to a person lacking the ability or knowledge to perform the function or responsibility in question;
4. Causing, or permitting another person to cause, physical or emotional injury to the patient, or depriving the patient of the individual's dignity;
5. Providing treatment interventions that are not warranted by the patient's condition or continuing treatment beyond the point of reasonable benefit to the patient.
6. Practicing in a pattern of negligent conduct, which means a continued course of negligent conduct or of negligent conduct in performing the duties of the profession.
7. Providing substandard care as a physical therapist assistant by exceeding the authority to perform components of physical therapy interventions selected by the supervising physical therapist or through a deliberate or negligent act or failure to act, whether or not actual injury to any person occurred.
8. Abandoning the patient by inappropriately terminating the patient practitioner relationship.
9. Documenting or billing for services not actually provided.
A license holder shall not engage in conduct that constitutes harassment or verbal or physical abuse of, or unlawful discrimination against, patients, students and/or colleagues.
A license holder shall not engage in any sexual relationship or conduct, including dating, with any patient, or engage in any conduct that may reasonably be interpreted by the patient to be sexual, whether consensual or nonconsensual, while a therapist-patient relationship exists.
1. A license holder shall not intentionally expose or view a completely or partially disrobed patient in the course of treatment if the exposure or viewing is not related to the patient diagnosis or treatment under current practice standards.
2. A license holder shall not engage in a conversation with a patient that is sexual in nature and unrelated to the physical therapy plan of care.
A license holder shall not engage in sexual harassment of patients, students, and/or colleagues. Sexual harassment includes, but is not limited to, making unwelcome sexual advances, requesting sexual favors, and engaging in other verbal or physical conduct of a sexual nature that results in:
1. Withholding physical therapy services to a patient;
2. Creating an intimidating, hostile, or offensive environment; or
3. Interfering with the patient's ability to recover.
A license holder shall not falsify, alter, or destroy patient/client records, medical records, or billing records without authorization. The license holder shall maintain accurate patient and/or billing records.
A license holder shall not practice physical therapy while the ability to practice is impaired by alcohol, controlled substances, narcotic drugs, physical disability, mental disability, or emotional disability. If a license holder's or applicant's ability to practice is in question, the license holder or applicant is not a participant in the board's safe haven progrm, the license holder shall submit to a physical or mental examination or drug/alcohol screens as requested by the physical therapy section to determine the applicant's or license holder's qualifications to practice physical therapy.
A license holder shall not obtain, attempt to obtain, or deliver medications through means of misrepresentation, fraud, forgery, deception, and/or subterfuge.
A license holder shall transfer the continuum of care of the patient, as appropriate, to another health care provider in the event of elective termination of physical therapy services by the license holder.
A license holder shall not aid, abet, authorize, condone, or allow the practice of physical therapy by any person not legally authorized to provide services.
A license holder shall not permit another person to use a person's wall certificate, license number, or national provider identifier, as defined in section 4755.56 of the Revised Code, for any illegal purpose.
A license holder shall not misrepresent the credential, title, and/or specialty certifications held by the license holder.
A license holder providing pro bono service shall provide care according to the minimal standards of acceptable prevailing practice, including documentation, as outlined in (C)(5) of this rule.
A license holder shall not use technology, social media, or other electronic communications to host, post, or distribute improper or inappropriate material that could reasonably be accessed by the patient community (includes, but is not limited to, pornography, obscene material, promotion of drug use or underage consumption of alcohol, promotion of violence, disparagement of patients, and disparagement based on age, gender, gender identiy, race, sex, ethnicity, sexual orientation, disability, military status, or religion.)
A license holder shall not access, browse, or use personal health information or other personally identifiable information without authorization, consent, or as otherwise mandated or permitted by relevant law.

D. Cooperation

In accordance with division (A)(24) of section 4755.47 of the Revised Code, license holders shall cooperate with an investigation by the physical therapy section. Failure to cooperate is conduct detrimental to the best interest of the public and grounds for disciplinary action. Cooperation includes responding fully and promptly to any questions raised by the physical therapy section and providing copies of the medical records and other documents requested by the physical therapy section. Failure to comply with paragraphs (D)(1) to (D)(7) of this rule may be grounds for disciplinary action pursuant to section 4755.47 of the Revised Code and in accordance with Chapter 119. of the Revised Code.

A license holder shall respond fully and truthfully to a request for information from the physical therapy section.
A license holder shall comply with a subpoena issued by the physical therapy section.
A license holder shall provide information or document within the time frame specified by the physical therapy section.
A license holder shall appear and provide information at an interview requested by the physical therapy section.
A license holder shall not deceive, or attempt to deceive, the physical therapy section regarding any matter, including by altering or destroying any record or document.
A license holder shall not interfere with an investigation or disciplinary proceeding by willful misrepresentation of facts before the agency or the physical therapy section, or by use of threats or harassment against any patient or witness to prevent the patient or witness from providing evidence in a disciplinary proceeding or any other legal action.
A license holder shall not refuse to provide testimony in an administrative hearing.

E. Reporting requirements

A license holder shall self report to the physical therapy section, within thirty days, any of the items outlined in paragraphs (A) to (G) of this rule. Failure to comply with this rule may be grounds for disciplinary action pursuant to section 4755.47 of the Revised Code and in accordance with Chapter 119. of the Revised Code.

Impairment due to abuse of or dependency on alcohol, drugs, or other physical or mental illness that affects the applicant's or license holder's ability to practice with reasonable skill and safety. This reporting requirement shall not be applicable where the applicant or licencse holder is a participant in the board's safe haven program and complies with the same.
Conviction of a felony or intervention in lieu of a felony.
Conviction of a misdemeanor when the act that constituted the misdemeanor occurred during the practice of physical therapy.
The termination, revocation, or suspension of membership by a state or national physical therapy professional association.
The termination, revocation, suspension, or sanctioning of a credential for any state license issued by a state or national physical therapy credentialing organization, including the PT Compact.
A positive drug and/or alcohol screening.
A finding of malpractice by a court of competent jurisdiction.

Replaces: 4755-27-05, 4755-27-06

Effective: 8/21/2025
Five Year Review (FYR) Dates: 10/01/2029
Promulgated Under: 119.03
Statutory Authority: 4755.411
Rule Amplifies: 4755.47
Prior Effective Dates: 3/20/08, 5/01/09, 07/24/2020, 12/11/2022, 10/17/2024

4755:2-2-02 Physical therapy practice defined

In accordance with section 4755.48 of the Revised Code, only persons licensed by the physical therapy section of the board may imply or claim to be able to practice physical therapy or provide physical therapy services.
1. Only persons licensed by the physical therapy section may use the words physical therapist, physical therapy, physical therapy services, physiotherapist, physiotherapy, physiotherapy services, physical therapy assistant, physical therapist assistant, physical therapy technician, or other words or insignia indicating or implying that the person is a physical therapist or physical therapist assistant.
2. Only persons licensed by the physical therapy section may use the letters PT, PhT, PTT, RPT, LPT, MPT, DPT, MSPT, CPT, cPT, PTA, or any other letters or insignia to indicate or imply that the person is licensed to practice as a physical therapist or physical therapist assistant.
The practice of physical therapy, as used in Chapter 4755. of the Revised Code, means engaging in physical therapy, as defined in division (A) of section 4755.40 of the Revised Code, including providing consultative services.
For the purpose of Division 4755:2 of the Administrative Code, the following definitions shall apply:
1. "Physical therapist" means a person who performs the initial examination unless that physical therapist has transferred the responsibility for the management of the patient's care to another physical therapist and that physical therapist agrees to the transfer.
2. "Physical therapist assistant" means a person holding a valid license under sections 4755.40 to 4755.56 to assist in the provision of physical therapy treatments, including the provision of patient education and instruction under the supervision of a physical therapist.
3. "Other licensed personnel" means any person holding an Ohio license to practice as a health care practitioner in a profession other than physical therapy, and not holding a valid license under sections 4755.40 to 4755.56 of the Revised Code, who is working under the direct supervision of a physical therapist or physical therapist assistant, as delegated by the physical therapist, and is performing tasks and duties related to the delivery of physical therapy.
4. "Unlicensed personnel" means any person who is on the job trained and supports the delivery of physical therapy services by personally assisting the physical therapist, physical therapist assistant, student physical therapist and/or student physical therapist assistant while the physical therapist, physical therapist assistant, student physical therapist, and/or student physical therapist assistant is concurrently providing services to the same patient.
5. "Student physical therapist" means a student enrolled in an accredited or candidacy status entry level physical therapist education program who is completing a required clinical education course. A student physical therapist shall be at least eighteen years old.
6. "Student physical therapist assistant" means a student enrolled in an accredited or candidacy status entry level physical therapist assistant education program who is completing a required clinical education course. A student physical therapist assistant shall be at least eighteen years old.
7. "Supervising physical therapist" means the physical therapist who is available to supervise the physical therapist assistant, the student physical therapist or student physical therapist assistant, other licensed personnel, or unlicensed personnel. The supervising physical therapist may be the physical therapist who performed the initial examination or another physical therapist with whom that physical therapist has a formal or informal agreement.
8. "Supervising physical therapist assistant" means the physical therapist assistant who is appropriately available to supervise the student physical therapist assistant, other licensed personnel, or unlicensed personnel.
9. "Direct supervision" means the physical therapist or physical therapist assistant is in the same building and available to immediately respond to the needs of the patient. The physical therapist or physical therapist assistant shall have direct contact with the patient during each visit.
10. "Telehealth" means the use of electronic communications to provide and deliver a host of health-related information and healthcare services, including, but not limited to physical therapy related information and services, over large and small distances.
  1. Telehealth encompasses a variety of healthcare and health promotion activities, including, but not limited to, education, advice, reminders, interventions, and monitoring of interventions.
  2. If a physical therapy patient is located in Ohio, the physical therapist or physical therapist assistant providing physical therapy services via telehealth shall hold a valid license under sections 4755.40 to 4755.56 of the Revised Code.

Replaces: 4755-27-01

Effective: 10/11/2024
Five Year Review (FYR) Dates: 10/01/2029
Promulgated Under: 119.03
Statutory Authority: 4755.411
Rule Amplifies: 4755.40, 4755.48
Prior Effective Dates: 05/26/1978, 08/14/2000, 05/01/2008, 05/01/2013, 05/15/2019

4755:2-2-03 Physical therapist assistant

The physical therapist assistant, defined in section 4755.40 of the Revised Code, is a skilled, technical person who assists in physical therapy treatment and related duties as assigned by the physical therapist. These duties are carried out under the supervision of the physical therapist, as defined in section 4755.40 of the Revised Code and rule 4755:2-2-05 of the Administrative Code. The duties assigned may vary in accordance with the setting and organizational structure of the service, the scope, size, and volume of the services, and the needs of the patients to be served. The physical therapist assistant may carry out patient related duties, as well as responsibilities appropriate to the established physical therapy services.
Physical therapist assistants are not qualified to:
1. Interpret physician referrals;
2. Conduct initial patient evaluations;
3. Write initial or ongoing patient plans of care;
4. Conduct re-evaluations of the patient or make changes to the patient plan of care; or
5. Perform the discharge evaluation and complete the final discharge summary.
The physical therapist assistant may review medical information and/or review the patient's medical history and past functional ability through verbal contact with medical persons, family or the patient. This information may then be used by the physical therapist to determine the need for a patient evaluation.
The physical therapist assistant may progress a patient treatment program within the parameters of the plan of care as established by the supervising physical therapist.
The physical therapist may assign treatment procedures beyond the scope of entry level physical therapist assistant practice in accordance with the physical therapist assistant's ability, provided that both the supervising physical therapist and the physical therapist assistant have documented training and demonstrated competency in the procedure.

Replaces: 4755-27-02

Effective: 10/11/2024
R.C. 119.032 review dates: 10/01/2029
Promulgated Under: 119.03
Statutory Authority: 4755.411
Rule Amplifies: 4755.40
Prior Effective Dates: 5/26/78, 2/1/92, 8/14/00, 5/1/05, 5/1/08

4755:2-2-04 Delegation

Delegation in physical therapy is the sole responsibility of the physical therapist.
The responsibility for physical therapy care rendered by the physical therapist assistant, and other licensed personnel rests with the supervising physical therapist.
The physical therapist performs the following, none of which may be delegated:
1. Interpreting available information concerning the referral;
2. Providing the initial evaluation;
3. Developing the plan of care, including the physical therapy goals;
4. Identifying and documenting precautions, special problems, contraindications, anticipated progress, and plans for reevaluation;
5. Selecting and delegating only appropriate tasks in the plan of care;
6. Designating or establishing channels of written and oral communication;
7. Assessing the competence of the physical therapist assistant, other licensed personnel, and unlicensed personnel to perform assigned tasks;
8. Directing and supervising the physical therapist assistant, other licensed personnel, and unlicensed personnel in delegated tasks; and
9. Reevaluating and adjusting the plan of care, when necessary, and performing the final evaluation, determining discharge, and establishing the follow-up plan.
The physical therapist may refer patients to another discipline, which is not considered delegation. A referral to another discipline, including a physician, shall be documented in the medical record.
Delegation of duties or tasks to the physical therapist assistant shall be done in accordance with the scope of practice of the physical therapist assistant.
1. A physical therapist assistant may not initiate or alter the plan of care without prior evaluation by and approval of the supervising physical therapist.
2. A physical therapist assistant may adjust a treatment procedure in accordance with a change in patient status within the established plan of care.
3. A physical therapist assistant may respond to inquiries regarding patient status to appropriate parties within the healthcare system and within the protocol established by the supervising physical therapist.
4. The physical therapist assistant shall refer inquiries regarding a patient's prognosis to the supervising physical therapist. The physical therapist assistant may reinforce the physical therapist's position regarding the patient's prognosis.
5. The physical therapist assistant may gather historical information about a patient to perform a screening that may determine the need for physical therapy intervention. This type of screening does not include physical contact with the patient.
6. The physical therapist assistant shall document in the medical record according to the established protocols. All documentation shall be co-signed by the supervising physical therapist.
Delegation of tasks related to the operation and delivery of physical therapy to other licensed personnel shall be done in accordance with the scope of practice of the other licensed personnel's professional license, education and training, the level of competence as determined by the supervising physical therapist, and in consideration of the patient's overall needs and medical status.
1. The physical therapist or physical therapist assistant shall demonstrate involvement, in accordance with paragraph (F) of rule 4755-27-04 of the Administrative Code, in each treatment session in which a component of care is delegated.
2. Documentation by the other licensed personnel is restricted to an accounting of the activities provided, which includes the patient's response to intervention. The remainder of the documentation is the responsibility of the supervising physical therapist or supervising physical therapist assistant.
The unlicensed personnel may be assigned routine duties that assist in the delivery of physical therapy care and operations, such as:
1. Maintenance and care of equipment and supplies;
2. Preparation, maintenance, and cleaning of treatment areas;
3. Transportation of patients;
4. Office and clerical functions;
5. Assisting patients preparing for, during, and at the conclusion of treatment (such as changing clothes, assisting during transfer, and altering position during treatment);
6. Personally assisting the physical therapist, physical therapist assistant, student physical therapist, and/or student physical therapist assistant while the physical therapist, physical therapist assistant, student physical therapist, and/or student physical therapist assistant is concurrently providing services to the same patient.

Replaces: 4755-27-03

Effective: 10/11/2024
R.C. 119.032 review dates: 10/01/2029
Promulgated Under: 119.03
Statutory Authority: 4755.411
Rule Amplifies: 4755.411
Prior Effective Dates: 2/1/92, 7/8/96, 8/14/00, 5/1/04, 5/1/05, 5/1/06, 1/1/08, 5/1/08, 5/1/09, 10/14/19

4755:2-2-05 Supervision

The supervising physical therapist is accountable and responsible at all times for the direction of the actions of the persons supervised, including the:
1. Physical therapist assistant;
2. Student physical therapist;
3. Student physical therapist assistant;
4. Other licensed personnel; and
5. Unlicensed personnel.
The supervising physical therapist assistant is accountable and responsible at all times for the direction of the actions of the persons supervised, including the:
1. Student physical therapist assistant;
2. Other licensed personnel; and
3. Unlicensed personnel.
Supervision of the physical therapist assistant.
1. In accordance with section 4755.40 of the Revised Code, a physical therapist assistant may only be supervised by a physical therapist and may not be supervised by any other person, including those persons licensed to practice in any other profession.
2. Supervision for a physical therapist assistant does not require the supervising physical therapist to be on-site or on location. The supervising physical therapist shall be available by telecommunication at all times and able to respond appropriately to the needs of the patient.
Supervision of the student physical therapist.
1. A student physical therapist may only be supervised by a physical therapist licensed pursuant to Chapter 4755. of the Revised Code.
2. A student physical therapist shall be at least eighteen years old to be supervised by a physical therapist licensed pursuant to Chapter 4755. of the Revised Code.
3. The supervising physical therapist is required to be on-site and available to immediately respond to the needs of the patient whenever the student physical therapist is performing patient examinations, evaluations, and interventions.
Supervision of the student physical therapist assistant.
1. A student physical therapist assistant may only be supervised by a physical therapist or physical therapist assistant licensed pursuant to Chapter 4755. of the Revised Code.
2. A student physical therapist assistant shall be at least eighteen years old to be supervised by a physical therapist or physical therapist assistant licensed pursuant to Chapter 4755. of the Revised Code.
3. The supervising physical therapist or supervising physical therapist assistant is required to be on-site and available to immediately respond to the needs of the patient whenever the student physical therapist assistant is performing patient interventions.
Supervision of other licensed personnel.

Direct supervision from the supervising physical therapist or supervising physical therapist assistant is required whenever the other licensed personnel is performing patient interventions.

Supervision of unlicensed personnel.

Unlicensed personnel may be supervised by the student physical therapist or student physical therapist assistant who are being supervised in accordance with the laws and rules governing the practice of physical therapy.

Replaces: 4755-27-04

Effective: 10/11/2024
Five Year Review (FYR) Dates: 10/01/2029
Promulgated Under: 119.03
Statutory Authority: 4755.411
Rule Amplifies: 4755.40, 4755.411
Prior Effective Dates: 08/07/1978, 02/01/1992, 07/15/1995, 03/20/1999, 08/14/2000, 05/01/2006, 05/01/2008, 05/01/2009, 5/15/2019

4755:2-2-06 Documentation

All physical therapists shall use the credential "PT" following their signature to indicate licensure as a physical therapist.
All physical therapist assistants shall use the credential "PTA" following their signature to indicate licensure as a physical therapist assistant.
All student physical therapists shall use one of the following to indicate student status:
1. Student physical therapist;
2. Student PT; or
3. SPT.
All student physical therapist assistants shall use one of the following to indicate student status:
1. Student physical therapist assistant;
2. Student PTA; or
3. SPTA.
All documentation by student physical therapists and student physical therapist assistants shall be cosigned by the supervising physical therapist.
Appropriate documentation is integral to all facets of physical therapy care. Reports written by the physical therapist assistant for inclusion in the patient's record shall be cosigned by the supervising physical therapist. The cosignature shall indicate that the supervising physical therapist reviewed the written note and agrees with the patient information in the written note. A handwritten signature or electronic signature is acceptable whenever a physical therapist or physical therapist assistant signs his or her name.
1. Electronic signature means any of the following attached to or associated with an electronic record by a person to authenticate the record:
  1. A code consisting of a combination of letters, numbers, characters, or symbols that is adapted or executed by a person as that person's electronic signature.
  2. A computer generated signature code created for a person.
  3. An electronic image of an person's handwritten signature created by using a digital writing apparatus.
2. If an electronic documentation system is not capable of dual signatures, a physical therapist may enter a separate note within the same documentation system. This note shall:
  1. Reference the date(s) of the note(s) being reviewed with documentation referencing the review; and
  2. Document agreement with the notes entered by the physical therapist assistant and/or changes needed in the treatment plan.
3. The physical therapist or physical therapist assistant shall assure that the electronic signature can be tracked to a unique log in code used only by that person.

Replaces: 4755-27-07

Effective: 10/11/2024
R.C. 119.032 review dates: 10/01/2029
Promulgated Under: 119.03
Statutory Authority: 4755.411
Rule Amplifies: 4755.411
Prior Effective Dates: 5/1/2009

4755:2-2-07 Telehealth

"Telehealth" means health care services provided through the use of information and communication technology by a health care professional, within the professional's scope of practice, who is located at a site other than the site where either of the following is located:
1. The patient receiving the services;
2. Another health care professional with whom the provider of the services is consulting regarding the patient.
A physical therapist or physical therapist assistant may provide telehealth services in accordance with section 4743.09 of the Revised Code.
The standard of care for a patient treated through telehealth is equal to the standard of care for in-person services.
The license holder shall verify the identity and physical location of the patient or client at the beginning of each telehealth visit.
With respect to the provision of telehealth services, all of the following apply:
1. A license holder may use synchronous or asynchronous technology to provide telehealth services to a patient during an initial visit if the appropriate standard of care for an initial visit is satisfied.
2. A license holder may deny a patient telehealth services and, instead, require the patient to undergo an in-person visit.
3. When providing telehealth services in accordance with this rule, a license holder shall comply with all requirements under state and federal law regarding the protection of patient information. A license holder shall ensure that any username or password information and any electronic communications between the professional and a patient are securely transmitted and stored.
4. A license holder may use synchronous or asynchronoous technology to provide telehealth services to a patient during an annual visit if the appropriate standard of care for an annual visit is satisfied.
In order to treat a patient or client located in Ohio, a physical therapist or physical therapist assistant shall have either an Ohio license or a privilege to practice in Ohio via the physical therapy compact.

Replaces: 4755-27-09

Effective: 10/11/2024
Five Year Review (FYR) Dates: 10/01/2029
Promulgated Under: 119.03
Statutory Authority: 4743.09, 4755.90
Rule Amplifies: 4743.09, 4755.47
Prior Effective Dates: 9/1/2022

4755:2-2-08 Referrals

Pursuant to division (H) of section 4755.48 of the Revised Code, physical therapists may provide services to a patient upon a referral from a person who is licensed in this state or any other state to practice medicine and surgery, chiropractic, dentistry, osteopathic medicine and surgery, podiatric medicine and surgery, to practice as a physician assistant, or to practice nursing as an advanced practice registered nurse.
1. The person making the referral shall be licensed in good standing with the relevant licensing board; and
2. The person making the referral shall act only within the individual's scope of practice.
Physical therapists may directly receive such referrals, by telephone fax, e-mail, or other electronic means. Physical therapists may accept faxed, referrals as an original. The physical therapist may at anytime require an original written referral from the referring practitioner with a signature for inclusion in the patient's official record.
Physical therapist assistants may also directly receive referrals by telephone, fax, e-mail or other electronic means; however, in accordance with rules 4755:2-2-03 and 4755:2-2-04 of the Administrative Code, only the physical therapist shall interpret and perform initial patient evaluations, initial and ongoing treatment plans, periodic re-evaluation of the patient, and adjustment of the treatment plan.
A physical therapist meeting the requirements established in sections 4755.48 and 4755.481 of the Revised Code may evaluate and treat without the prescription of, or the referral of a patient by a person who is licensed in this or another state to practice medicine and surgery, chiropractic, dentistry, osteopathic medicine and surgery, podiatric medicine and surgery, to practice as a physician assistant, or to practice nursing as an advanced practice registered nurse.
A physical therapist is not required to notify the patient's other healthcare practitioner in accordance with division (A)(2) of section 4755.481 of the Revised Code if either of the following apply:
1. The physical therapist is seeing the patient for fitness, wellness, or prevention purposes; or
2. The patient previously was diagnosed with chronic, neuromuscular, or developmental conditions and the physical therapist is seeing the patient for problems or symptoms associated with one or more of those previously diagnosed conditions.

Replaces: 4755-29-01

Effective: 10/11/2024
Five Year Review (FYR) Dates: 10/01/2029
Promulgated Under: 119.03 Statutory Authority: 4755.411
Rule Amplifies: 4755.48, 4755.481
Prior Effective Dates: 02/01/1992, 07/15/1995, 03/20/1999, 08/14/2000, 05/01/2004, 05/01/2005, 03/20/2008, 05/01/2010, 05/01/2013, 04/14/2019

Chapter 4755:2-3

Continuing Education

4755:2-3-01 Continuing education

Pursuant to sections 4755.51 and 4755.511 of the Revised Code, no person will qualify for license renewal as a physical therapist or physical therapist assistant unless the person completed the required continuing education units outlined in paragraph (A) of this rule. A "unit" is one clock hour spent in a continuing education activity meeting the requirements established in section 4755.52 of the Revised Code.

Physical therapists and physical therapist assistants shall participate in continuing education activities that meet the requirements outlined in division (B) of section 4755.52 of the Revised Code.
1. License holders are not required to obtain any continuing education units for the first renewal.
2. A physical therapist shall complete a minimum of twenty-four units of continuing education activities within the two year renewal cycle. License holders shall complete at least two hours of ethics through a renewal jurisprudence module as determined by the physical therapy section. The two hours earned through completion of the module shall count as part of the total twenty-four hour requirement. A fee may be required to complete the module.
3. A physical therapist assistant shall complete a minimum of twelve units of continuing education activities within the two year renewal cycle. License holders shall complete at least two hours of ethics through a renewal jurisprudence module as determined by the physical therapy section. The two hours earned through completion of the module shall count as part of the total twelve hour requirement. A fee may be required to complete the module
4. In the case of a license reinstatement according to rule 4755:2-1-06 of the Administrative Code, one of the following applies:
  1. If the reinstated license was valid for a period of twelve months or less, the license holder shall complete half of the continuing education hours required within the renewal cycle. The category limits contained in paragraph (G) of this rule do not apply and the renewal jurisprudence module is not required. Continuing education hours used for the purpose of reinstating a license cannot be re-used for license renewal.
  2. If the reinstated license was valid for a period of more than twelve months, the license holder shall complete the full amount of continuing education hours required within the renewal cycle. The category limits contained in paragraph (G) apply and the renewal jurisprudence module is required. Continuing education hours used for the purpose of reinstating a license cannot be re-used for license renewal.
Accumulated continuing education units may not be carried over from one renewal period to another.
Pursuant to sections 4755.52 and 4755.53 of the Revised Code, the physical therapy section may contract with the Ohio physical therapy association (OPTA) to assist the section with the performing of its continuing education duties. The OPTA shall accept, review, approve, or deny proposals for professional workshops, seminars, and/or conferences for continuing education units or for other continuing education activities reported by physical therapists and physical therapist assistants who qualify under section 4755.53 of the Revised Code. The OPTA shall perform any other duties agreed upon by the section and the OPTA necessary for the approval, maintenance, and/or reporting of continuing education activities for physical therapists and physical therapist assistants.
A license shall not be renewed unless the license holder meets the requirements of paragraph (A) of this rule. Unless qualified under paragraph (G), completed continuing education activities shall have a current Ohio approval number.
The physical therapy section shall conduct an audit of the continuing education records of a number of the license holders to be determined by the section each renewal year. The section will notify license holders who are selected for the audit to determine compliance with the continuing education requirement specified in this rule.
1. License holders chosen for the audit shall submit to the board by the date specified by the board copies of all records and documentation of proof of completion of the continuing education activities used to meet the continuing education requirements of this rule.
2. Failure to provide proof of the required number of continuing education hours for the specified time period will result in the commencement of disciplinary action.
3. Failure to respond to or acknowledge receipt of an audit notice will result in the commencement of disciplinary action.
A physical therapist or physical therapist assistant license shall not be renewed unless the license holder certifies that the person completed the required number of continuing education hours specified in paragraph (A) of this rule.
A license holder who falsifies a renewal application may be disciplined by the physical therapy section for violating section 4755.48 of the Revised Code.
Completion of academic coursework, clinical instruction, mentoring, residencies, fellowships, and volunteer work for continuing education credit.
1. Passing the following specialty examinations will qualify for twenty-four contact hours of continuing education in the year the examination is taken:
  1. Specialty examinations administered by the American board of physical therapy specialties (ABPTS).
  2. The hand therapy certification commission (HTCC) certification examination.
2. Renewal of certification of a specialty through ABPTS will qualify for six contact hours of continuing education in the year it is given
3. Renewal of HTCC certification may be counted for six hours of continuing education in the year it is given.
4. The successful completion of an American board of physical therapy residency and fellowship education credentialed residency or fellowship program will qualify for twenty-four contact hours of continuing education in the year the residency or fellowship is completed.
5. Coursework completed at a commission on accreditation in physical therapy education accredited entry-level physical therapist education program or a postprofessional transition clinical doctorate program is eligible for continuing education credit.
6. Serving as a clinical instructor will qualify for one contact hour for each eighty hours of clinical instruction.
  1. To be eligible for continuing education credit in accordance with this paragraph, a physical therapist shall be an American physical therapy association (APTA) certified level I or level II clinical instructor and a physical therapist assistant shall be an APTA certified level I clinical instructor.
  2. A physical therapist may earn up to twelve contact hours per renewal cycle by serving as a clinical instructor.
  3. A physical therapist assistant may earn up to six contact hours per renewal cycle by serving as a clinical instructor.
  4. Proof of clinical instruction is a certificate from the student's school.
7. Serving as a mentor in an APTA accredited clinical residency or fellowship program will qualify for one contact hour for each three hours of mentorship.
  1. To be eligible for continuing education credit in accordance with this paragraph, a physical therapist shall meet one of the following criteria:
    1. Currently certified as an APTA certified level I or level II clinical instructor; or
    2. Currently hold a specialty certification issued by the ABPTS or by the HTCC.
  2. A physical therapist may earn up to twelve contact hours per renewal cycle by serving as a mentor.
  3. Proof of mentorship is a certificate from the director of the clinical residency or fellowship documenting the number of hours of mentorship completed.
8. Volunteer services to indigent and uninsured persons pursuant to section 4745.04 of the Revised Code. 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 division (A)(7) of section 2305.234 of the Revised Code.
  2. Be documented in writing in the form of a certificate or a written statement on letterhead from an administrative official at the organization where services were rendered, specifying at a minimum the license holder's name, license number, date(s) of qualifying volunteer services, number of hours of services, and describing the services that were rendered.
  3. Include the submission of a written statement by the license holder explaining how the volunteer services have contributed to the license holder's professional competency.
  4. Not be credited for license holders in a paid position at the organization at which the services are rendered.
  5. Not be credited for license holders who are also using the hours toward educational and academic pursuits.
  6. Be physical therapy or physical therapist assistant services provided in compliance with the Revised and Administrative Codes.
  7. Be credited as one hour of CE for each sixty minutes spent providing services as a volunteer, not to exceed six hours for physical therapists and three hours for physical therapist assistants of the total biennial CE requirement.
9. Completion of a renewal jurisprudence module will qualify for two contact hours.
10. Presentations by a current member of the physical therapy section or current board staff on the topic of public protection as reviewed by the continuing education liaison of the physical therapy section.
11. Participation in the Healthy Practice Resource published by the Healthcare Regulatory Research Institute. Completion of one module will count for one hour of continuing education.
  1. A physical therapist may count up to four modules per renewal period for a maximum of four hours of continuing education.
  2. A physical therapist assistant may count up to two modules per renewal period for a maximum of two hours of continuing education.
12. Completion of continuing education exclusively developed and delivered by the APTA or APTA academies and sections.
13. Continuing education activities identified in paragraph (G) of this rule do not require an Ohio approval number. Continuing education will be granted in the reporting period in which the academic coursework, clinical instruction, mentoring, residency, volunteer work or fellowship is completed.

Replaces: 4755-23-08

Effective: 4/3/2026
Five Year Review (FYR) Dates: 10/01/2027
Promulgated Under: 119.03
Statutory Authority: 4755.411
Rule Amplifies: 4755.46, 4755.47, 4755.51, 4755.511, 4755.52
Prior Effective Dates: 02/01/1991, 02/01/1993, 07/15/1995, 03/20/1998, 09/12/2001, 05/01/2005, 05/01/2006, 05/01/2007, 03/20/2008, 05/01/2009, 05/01/201, 05/16/2019, 07/13/2020, 07/08/2022, 10/11/2024

4755:2-3-02 Waivers for continuing education

The physical therapy section may grant waivers of the continuing education requirements or extensions of time within which to fulfill these requirements, not to exceed two calendar years in cases involving illness, disability, or undue hardship.

The continuing education requirements referenced in this rule may be found in rule 4755:2-3-01 of the Administrative Code.
To apply for a waiver or extension due to undue hardship, the license holder submits a request to the section describing the hardship no later than November first prior to the renewal deadline through eLicense Ohio or its successor licensing system.
To apply for a waiver or extension due to disability or illness, the license holder submits a request to the physical therapy section no later than November first prior to the renewal deadline through eLicense Ohio or its successor licensing system. This request should also be signed by a licensed medical professional in good standing verifying that the license holder suffers from disability or illness.
The physical therapy section may, as a condition of any waiver granted, require the license holder to make up a certain portion of the minimum continuing education requirements being waived for the renewal cycle.
The deadlines in paragraphs (B) and (C) of this rule may be waived at the discretion of the physical therapy section.

Replaces: 4755-23-09

Effective: 10/11/2024
Five Year Review (FYR) Dates: 10/01/2027
Promulgated Under: 119.03
Statutory Authority: 4755.52
Rule Amplifies: 4755.51, 4755.511, 4755.52
Prior Effective Dates: 5/25/03, 07/01/2015, 07/13/2020

GENERAL BOARD SECTIONS

4755.01 Ohio occupational therapy, physical therapy, and athletic trainers board

There is hereby created the Ohio occupational therapy, physical therapy, and athletic trainers board consisting of sixteen residents of this state, who shall be appointed by the governor with the advice and consent of the senate. The board shall be composed of a physical therapy section, an occupational therapy section, and an athletic trainers section.
1. Four members of the board shall be physical therapists who are licensed to practice physical therapy and who have been engaged in or actively associated with the practice of physical therapy in this state for at least five years immediately preceding appointment. One member shall be a licensed physical therapist assistant who has been engaged in or actively associated with the practice of assisting in the provision of physical therapy treatments in this state for at least five years immediately preceding appointment. Such members of the board shall sit on the physical therapy section. The physical therapy section also shall consist of four additional members, appointed by the governor with the advice and consent of the senate, who satisfy the same qualifications as the members of the board sitting on the physical therapy section, but who are not members of the board. Of the additional physical therapy section members, at least three shall be physical therapists. The fourth additional member shall be either a physical therapist or a physical therapist assistant. Of the additional physical therapy section members whose terms commence on August 28, 2007, one shall be for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years. Such additional members of the physical therapy section are vested with only such powers and shall perform only such duties as relate to the affairs of that section.
2. Four members of the board shall be occupational therapists and one member shall be a licensed occupational therapy assistant, all of whom have been engaged in or actively associated with the practice of occupational therapy or practice as an occupational therapy assistant in this state for at least five years immediately preceding appointment. Such members of the board shall sit on the occupational therapy section.
3. Four members of the board shall be athletic trainers who have been engaged in the practice of athletic training in Ohio for at least five years immediately preceding appointment. One member of the board shall be a physician licensed to practice medicine and surgery in this state. Such members of the board shall sit on the athletic trainers section.
4. One member of the board shall represent the public . This member shall sit on the board and shall attend each year at least three meetings of the physical therapy section, three meetings of the occupational therapy section, and three meetings of the athletic trainers section.
Except for the terms of office specified in division (A)(1) of this section for the additional members of the physical therapy section commencing on August 28, 2007, terms for the members of the board and the additional members of the physical therapy section are for three years. Each member's term shall commence on the twenty-eighth day of August and end on the twenty-seventh day of August. Each member shall serve subsequent to the expiration of the member's term until the member's successor is appointed and qualifies, or until a period of ninety days has elapsed, whichever occurs first. A member shall not serve for more than three consecutive terms. All vacancies shall be filled in the manner prescribed for the regular appointments and are limited to the unexpired terms.
Each member of the board and each additional member of the physical therapy section, before entering upon the official duties of office, shall do both of the following:
1. Subscribe to and file with the secretary of state the constitutional oath of office;
2. Sign and file with the executive director of the board a notarized statement that the member has read and understands sections 121.22 and 149.43 of the Revised Code and the provisions of Chapter 119. of the Revised Code that are applicable to the duties of the board.
Annually, upon the qualification of the member or members appointed in that year, the board shall organize by selecting from its members a president and secretary. Each section of the board shall independently organize by selecting from its members a chairperson and secretary.
A majority of the members of the board constitutes a quorum to transact and vote on the business of the board. A majority of the members of each section constitutes a quorum to transact and vote on the affairs of that section.
Each member of the board and each additional member of the physical therapy section shall receive an amount fixed pursuant to division (J) of section 124.15 of the Revised Code for each day employed in the discharge of official duties. In addition, each member of the board and each additional member of the physical therapy section shall receive the member's actual and necessary expenses incurred in the performance of official duties.
The board of trustees of the Ohio occupational therapy association may recommend, after any term expires or vacancy occurs in an occupational therapy position, at least three persons to fill each such position or vacancy on the board, and the governor may make the appointment from the persons so recommended. The executive board of the Ohio chapter of the American physical therapy association may recommend, after any term expires or vacancy occurs in a physical therapy position, at least three persons to fill each such vacancy on the board, and the governor may make appointments from the persons so recommended. The Ohio athletic trainers association shall recommend to the governor at least three persons when any term expires or any vacancy occurs in an athletic trainer position. The governor may select one of the association's recommendations in making such an appointment.
The board shall meet as a whole to determine all administrative, personnel, and budgetary matters. The executive director of the board appointed by the board shall not be a physical therapist, an occupational therapist, or an athletic trainer who has been licensed to practice physical therapy, occupational therapy, or as an athletic trainer in this state within three years immediately preceding appointment. The executive director shall execute, under the direction of the board, the policies, orders, directives, and administrative functions of the board and shall direct, under rules adopted by the board, the work of all persons employed by the board. Upon the request of the board, the executive director shall report to the board on any matter. The executive director shall serve at the pleasure of the board.
The occupational therapy section of the board shall have the authority to act on behalf of the board on matters concerning the practice of occupational therapy and, in particular, the examination of applicants, the issuance of licenses, and the suspension or revocation of licenses to practice as an occupational therapist or occupational therapy assistant. The physical therapy section of the board shall have the authority to act on behalf of the board on matters concerning the practice of physical therapy and, in particular, the examination, licensure, and suspension or revocation of licensure of applicants, physical therapists, and physical therapist assistants. The athletic trainers section of the board shall have the authority to act on behalf of the board on matters concerning the practice of athletic training and, in particular, the examination, licensure, and suspension or revocation of licensure of applicants and athletic trainers. All actions taken by any section of the board under this division shall be in accordance with Chapter 119. of the Revised Code.

Effective Date: 09-05-2001; 04-06-2007; 09-30-2021; 04-06-2023

4755.02 Powers and duties of board

The appropriate section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall investigate compliance with this chapter or any rule or order issued under this chapter and shall investigate alleged grounds for the suspension, revocation, or refusal to issue or renew licenses under section 3123.47, 4755.11, 4755.47, or 4755.64 of the Revised Code. The appropriate section may subpoena witnesses and documents in connection with its investigations.
Through the attorney general or an appropriate prosecuting attorney, the appropriate section may apply to an appropriate court for an order enjoining the violation of this chapter. On the filing of a verified petition, the court shall conduct a hearing on the petition and give the same preference to the proceeding as is given to all proceedings under Chapter 119. of the Revised Code, irrespective of the position of the proceeding on the court's calendar. On a showing that a person has violated or is about to violate this chapter, the court shall grant an injunction, restraining order, or other order as appropriate. The injunction proceedings provided by this division are in addition to all penalties and other remedies provided in this chapter.
When requested by the appropriate section, the prosecuting attorney of a county, or the village solicitor or city director of law of a municipal corporation, where a violation of this chapter allegedly occurs, shall take charge of and conduct the prosecution.
The appropriate section may employ investigators who shall investigate complaints,conduct inspections, and make inquiries as in the judgment of the section are appropriate to enforce sections 3123.41 to 3123.50 of the Revised Code or this chapter. These investigators have the right to review, obtain copies, and audit the patient records and personnel files of licensees at the place of business of the licensees or any other place where such documents may be and shall be given access to such documents during normal business hours.
1. Subject to division (E)(2) of this section, information and records received or generated by the board pursuant to an investigation are confidential, are not public records as defined in section 149.43 of the Revised Code, and are not subject to discovery in any civil or administrative action.
2. For good cause, the board may disclose information gathered pursuant to an investigation to any federal, state, or local law enforcement, prosecutorial, or regulatory agency or its officers or agents engaging in an investigation the board believes is within the agency's jurisdiction. An agency that receives confidential information shall comply with the same requirements regarding confidentiality as those with which the board must comply, notwithstanding any conflicting provision of the Revised Code or procedure of the agency that applies when the agency is dealing with other information in its possession. The information may be admitted into evidence in a criminal trial in accordance with the Rules of Evidence, or in an administrative hearing conducted by an agency, but the court or agency shall require that appropriate measures be taken to ensure that confidentiality is maintained with respect to any part of the information that contains names or other identifying information about patients, complainants, or others whose confidentiality was protected by the board when the information was in the board's possession. Measures to ensure confidentiality that may be taken by the court or agency include sealing its records or redacting specific information from its records.
The appropriate section shall conduct hearings, keep records and minutes, and enforce the relevant sections of this chapter.
Each section of the board shall publish and make available, upon request and for a fee not to exceed the actual cost of printing and mailing, the licensure standards prescribed by the relevant sections of this chapter and the Administrative Code.
The board shall submit to the governor and to the general assembly each year a report of all its official actions during the preceding year, together with any recommendations and findings with regard to the status of the professions of physical therapy,occupational therapy, and athletic training.

Effective Date: 11-21-1977; 04-06-2007; 09-30-2021

4755.03 Fees credited to occupational licensing and regulatory fund

Except as provided in section 4755.99 of the Revised Code, all fees and fines collected and assessed under this chapter by the appropriate section of the Ohio occupational therapy, physical therapy, and athletic trainers board, shall be deposited into the state treasury to the credit of the occupational licensing and regulatory fund.

Effective Date: 07-22-1994; 09-29-2005; 04-06-2007; 2007 HB119 09-29-2007 .

4755.031 Fee for costs of sanction proceedings

A person sanctioned under section 4755.11, 4755.47, 4755.482, or 4755.64 of the Revised Code shall pay a fee in the amount of the actual cost of the administrative hearing, including the cost of the court reporter, the hearing officer, transcripts, and any witness fees for lodging and travel, as determined by the appropriate section of the board. The fee shall be collected by the appropriate section.

Effective Date: 04-06-2007.

4755.12 Fees

The occupational therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board may charge any or all of the following fees:
1. A nonrefundable examination fee, which is to be paid at the time of application for licensure;
2. An application fee for an initial license;
3. An initial licensure fee;
4. A fee for biennial renewal of a license;
5. A fee for late renewal of a license;
6. A fee for the review of continuing education activities;
7. A fee for a limited permit;
8. A fee for verification of a license.
Any person who is qualified to practice occupational therapy as certified by the section, but who is not in the active practice, as defined by section rule, may register with the section as a nonactive licensee at a biennial fee.
The section may, by rule, provide for the waiver of all or part of a fee when the license is issued less than one hundred days before the date on which it will expire.
Except when all or part of a fee is waived under division (C) of this section, the amount charged by the occupational therapy section for each of its fees shall be the applicable amount established in rules adopted under section 4755.06 of the Revised Code.

Effective Date: 10-16-2009.

4755.66 Effect of child support default on license

On receipt of a notice pursuant to section 3123.43 of the Revised Code, the appropriate section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license issued pursuant to this chapter.

Effective Date: 03-22-2001; 04-06-2007 .

4755.70 License applicant to comply with RC Chapter 4776

As used in this section, "license" and "applicant for an initial license" have the same meanings as in section 4776.01 of the Revised Code, except that "license" as used in both of those terms refers to the types of authorizations otherwise issued or conferred under this chapter.
In addition to any other eligibility requirement set forth in this chapter, each applicant for an initial license shall comply with sections 4776.01 to 4776.04 of the Revised Code. The occupational therapy section, the physical therapy section, and the athletic trainers section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall not grant a license to an applicant for an initial license unless the applicant complies with sections 4776.01 to 4776.04 of the Revised Code and the board, in its discretion, decides that the results of the criminal records check do not make the applicant ineligible for a license issued pursuant to section 4755.07, 4755.09, 4755.44, 4755.441, 4755.45, 4755.451, or 4755.62 of the Revised Code.

Effective Date: 03-24-2008

4755.71 Compliance with law regarding sanctions for human trafficking

The Ohio occupational therapy, physical therapy, and athletic trainers board shall comply with section 4776.20 of the Revised Code.

Effective Date: 03-22-2013

4755.90 Telehealth services

An occupational therapist or physical therapist may provide telehealth services in accordance with section 4743.09 of the Revised Code.

An occupational therapy assistant or physical therapist assistant may provide telehealth services in accordane with section 4743.09 of the Revised Code.

Effective Date: 03-23-2022

4755.99 Penalty

Whoever violates sections 4755.05 or 4755.62 or divisions (A), (B), (C), (D), or (H) of section 4755.48 of the Revised Code is guilty of a minor misdemeanor. If the offender has previously been convicted of an offense under that section, the offender is guilty of a misdemeanor of the third degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
1. One-half of all fines collected for violation of section 4755.05 of the Revised Code shall be distributed to the occupational therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board and then paid into the state treasury to the credit of the occupational licensing and regulatory fund, and one-half to the treasury of the municipal corporation in which the offense was committed, or if the offense was committed outside the limits of a municipal corporation, to the treasury of the county.
2. One-half of all fines collected for violation of section 4755.48 of the Revised Code shall be distributed to the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board and then paid into the state treasury to the credit of the occupational licensing and regulatory fund, and one-half to the treasury of the municipal corporation in which the offense was committed, or if the offense was committed outside the limits of a municipal corporation, to the treasury of the county.
3. One-half of all fines collected for violation of section 4755.62 of the Revised Code shall be distributed to the athletic trainers section of the Ohio occupational therapy, physical therapy, and athletic trainers board and then paid into the state treasury to the credit of the occupational licensing and regulatory fund, and one-half to the treasury of the municipal corporation in which the offense was committed, or if the offense was committed outside the limits of a municipal corporation, to the treasury of the county.

Effective Date: 09-29-1997; 04-06-2007

PHYSICAL THERAPY PRACTICE ACT

4755.40 Physical therapist definitions

As used in sections 4755.40 to 4755.56 and 4755.99 of the Revised Code:

1. "Physical therapy" means the evaluation and treatment of a person by physical measures and the use of therapeutic exercises and rehabilitative procedures, with or without assistive devices, for the purpose of preventing, correcting, or alleviating physical impairments, functional limitations, and physical disabilities. "Physical therapy" includes physiotherapy.

"Physical therapy" includes the establishment and modification of physical therapy programs, treatment planning, patient education and instruction, and consultative services.

With respect to the evaluation of a person, "physical therapy" includes determining a physical therapy diagnosis in order to treat the person's physical impairments, functional limitations, and physical disabilities; determining a prognosis; and determining a plan of therapeutic intervention.

If performed by a person who is adequately trained, "physical therapy" includes the design, fabrication, and revision of various assistive devices, and the provision of education and instruction in the use of those devices, including braces, splints, ambulatory or locomotion devices, wheelchairs, prosthetics, and orthotics.

"Physical therapy" includes the administration of topical drugs that have been prescribed by a licensed health professional authorized to prescribe drugs, as defined in section 4729.01 of the Revised Code.

"Physical therapy" does not include either of the following:
1. The use of electricity for cauterization or other surgical purposes;
2. The use of Roentgen rays or radium for diagnostic or therapeutic purposes.

"Physical therapy diagnosis" means a judgment that is made after examining the neuromusculoskeletal system or evaluating or studying its symptoms and that utilizes the techniques and science of physical therapy to establish a plan of therapeutic intervention. "Physical therapy diagnosis" does not include a medical diagnosis.
"Physical measures" include massage and other manual therapy techniques, heat, cold, air, light, water, electricity except as provided in division (A)(2)(a) of this section, sound, and the performance of tests of neuromuscular function as an aid to the provision of treatment.
"Physical therapist" means a person who practices or provides patient education and instruction in physical therapy and includes a physiotherapist.
"Physical therapist assistant" means a person who assists in the provision of physical therapy treatments, including the provision of patient education and instruction, under the supervision of a physical therapist.
"Supervision" means the availability and responsibility of the supervisor for direction of the actions of the person supervised.

Effective Date: 05-04-2004; 04-06-2007; 3-20-2019

4755.41 Physical therapy section duties

The physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall license persons desiring to practice physical therapy or to practice as physical therapist assistants in this state.
An investigation, inquiry, or hearing which the section is authorized to undertake or hold may be undertaken or held in accordance with section 4755.02 of the Revised Code. Any finding or order shall be confirmed or approved by the section.
The physical therapy section shall:
1. Keep a record of its proceedings;
2. Keep a register of applicants showing the name and location of the institution granting the applicant's degree or certificate in physical therapy and whether or not a license was issued;
3. Maintain a register of every physical therapist and physical therapist assistant in this state, including the licensee's last known place of business, the licensee's last known residence, and the date and number of the licensee's license;
4. Deposit all fees collected by the section in accordance with section 4755.03 of the Revised Code;
5. On receipt of an application for a license to practice as a physical therapist or physical therapist assistant, provide to the applicant the section's address, dates of upcoming section meetings, and a list of names of the section members.

Effective Date: 06-30-1997; 04-06-2007

4755.411 Rules to be adopted by physical therapy section

The physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall adopt rules in accordance with Chapter 119. of the Revised Code pertaining to the following:

Fees for the verification of a license and license reinstatement, and other fees established by the section;
Provisions for the section's government and control of its actions and business affairs;
Minimum curricula for physical therapy education programs that prepare graduates to be licensed in this state as physical therapists and physical therapist assistants;
Eligibility criteria to take the examinations required under sections 4755.43 and 4755.431 of the Revised Code;
The form and manner for filing applications for licensure with the section;
For purposes of section 4755.46 of the Revised Code, all of the following:
1. A schedule regarding when licenses to practice as a physical therapist and physical therapist assistant expire during a biennium;
2. An additional fee, not to exceed thirty-five dollars, that may be imposed if a licensee files a late application for renewal;
3. The conditions under which the license of a person who files a late application for renewal will be reinstated.
The issuance, renewal, suspension, and permanent revocation of a license and the conduct of hearings;
Appropriate ethical conduct in the practice of physical therapy;
Requirements, including continuing education requirements, for restoring licenses that are inactive or have lapsed through failure to renew;
Conditions that may be imposed for reinstatement of a license following suspension pursuant to section 4755.47 of the Revised Code;
For purposes of sections 4755.45 and 4755.451 of the Revised Code, both of the following:
1. Identification of the credentialing organizations from which the section will accept education equivalency evaluations for foreign physical therapist education and foreign physical therapist assistant education. The physical therapy section shall identify only those credentialing organizations that use a course evaluation tool or form approved by the physical therapy section.
2. Evidence, other than the evaluations described in division (K)(1) of this section, that the section will consider for purposes of evaluating whether an applicant's education is reasonably equivalent to the educational requirements that were in force for licensure in this state as a physical therapist or physical therapist assistant on the date of the applicant's initial licensure or registration in another country.
Standards of conduct for physical therapists and physical therapist assistants, including requirements for supervision, delegation, and practicing with or without referral or prescription;
Appropriate display of a license;
Procedures for a licensee to follow in notifying the section within thirty days of a change in name or address, or both;
The amount and content of corrective action courses required by the board under section 4755.47 of the Revised Code.

Effective Date: 04-06-2007; 3-22-2013; 3-20-2019; 10-03-2023

4755.412 Excess fees by physical therapy section authorized

The physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board, subject to the approval of the controlling board, may establish fees in excess of the amounts provided by sections 4755.42, 4755.421, 4755.45,4755.451, and 4755.46 of the Revised Code, provided that such fees do not exceed those amounts by more than fifty per cent.

Effective Date: 04-06-2007

4755.42 License qualifications

Each person seeking licensure as a physical therapist shall file with the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board an application that includes the following:
1. Name;
2. Current address;
3. Proof of graduation from a professional physical therapy program that is accredited by a national physical therapy accreditation agency approved by the physical therapy section.
On making application under division (A) of this section, the applicant shall pay a fee of not more than one hundred twenty-five dollars for the license.
The physical therapy section shall approve an applicant to sit for the examination required under division (A) of section 4755.43 of the Revised Code not later than one hundred twenty days after receiving an application that the section considers complete unless the board has done either of the following:
1. Requested documents relevant to the section's evaluation of the application;
2. Notified the applicant in writing of the section's intent to deny a license and the applicant's right to request a hearing in accordance with Chapter 119. of the Revised Code to appeal the section's intent to deny a license.
If the section fails to comply with division (C) of this section, the section shall refund one-half of the application fee to the applicant.

Effective Date: 06-28-1990; 04-06-2007; 3-20-2019; 09-30-2021

4755.421 Physical therapist assistant application

Each person seeking licensure as a physical therapist assistant shall file with the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board an application that includes the following:
1. Name;
2. Current address;
3. Proof of graduation from a professional physical therapist assistant program that is accredited by a national physical therapy accreditation agency approved by the physical therapy section.
On making application under division (A) of this section, the applicant shall pay a fee of not more than one hundred twenty-five dollars for the license.
1. ?The physical therapy section shall approve an applicant to sit for the examination required under division (A) of section 4755.431 of the Revised Code not later than one hundred twenty days after receiving an application that the section considers complete unless the board has done either of the following:
  1. Requested documents relevant to the section's evaluation of the application;
  2. Notified the applicant in writing of the section's intent to deny a license and the applicant's right to request a hearing in accordance with Chapter 119. of the Revised Code to appeal the section's intent to deny a license.
2. If the section fails to comply with division (C)(1) of this section, the section shall refund half of the application fee to the applicant.

Effective Date: 04-06-2007; 3-20-2019; 09-30-2021

4755.43 Physical therapist examinations

Except as provided in section 4755.45 of the Revised Code, to be eligible to receive a license to practice as a physical therapist, an applicant must pass both of the following:

A national physical therapy examination for physical therapists approved by the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board that tests the applicant's knowledge of the basic and applied sciences as they relate to physical therapy and physical therapy theory and procedures.
A jurisprudence examination on Ohio's laws and rules governing the practice of physical therapy that is approved by the physical therapy section.

Effective Date: 06-30-1997; 04-06-2007

4755.431 Physical therapist assistant examinations

Except as provided in section 4755.451 of the Revised Code, to be eligible to receive a license to practice as a physical therapist assistant, an applicant must pass both of the following:

A national physical therapy examination for physical therapist assistants approved by the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board.
A jurisprudence examination approved by the physical therapy section on Ohio's laws and rules governing the practice of physical therapy.

Effective Date: 04-06-2007

4755.44 Issuance of physical therapist license

If an applicant passes the examination or examinations required under section 4755.43 of the Revised Code and pays the fee required by division (B) of section 4755.42 of the Revised Code, the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall issue a license, attested by the seal of the board, to the applicant to practice as a physical therapist.

The section shall issue a license to practice as a physical therapist in accordance with Chapter 4796, of the Revised Code, attested by the seal of the board, to an applicant if either of the following applies:

A. The applicant holds a license in another state.
B. The applicant has satisfactory work experience, a government certification, or a private
certification as described in that chapter as a physical therapist in a state that does not issue
that license.

Effective Date: 04-16-1993; 04-06-2007

4755.441 Issuance of physical therapist assistant license

If an applicant passes the examination or examinations required under section 4755.431 of the Revised Code and pays the fee required by division (B) of section 4755.421 of the Revised Code, the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall issue a license, attested by the seal of the board, to the applicant to practice as physical therapist assistant.

The section shall issue a license to practice as a physical therapist assistant in accordance with Chapter 4796, of the Revised Code, attested by the seal of the board, to an applicant if either of the following applies:

Effective Date: 04-06-2007

4755.45 Physical therapist license - reciprocity

The physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall issue to an applicant a license to practice as a physical therapist without requiring the applicant to have passed the national examination for physical therapists described in division (A) of section 4755.43 of the Revised Code within one year of filing an application described in section 4755.42 of the Revised Code if all of the following conditions are met:
1. The applicant presents evidence satisfactory to the physical therapy section that the applicant received a score on the national physical therapy examination described in division (A) of section 4755.43 of the Revised Code that would have been a passing score according to the board in the year the applicant sat for the examination;
2. The applicant presents evidence satisfactory to the physical therapy section that the applicant passed the jurisprudence examination described in division (B) of section 4755.43 of the Revised Code;
3. The applicant holds a current and valid license or registration to practice physical therapy in another country;
4. Subject to division (B) of this section, the applicant can demonstrate that the applicant's education is reasonably equivalent to the educational requirements that were in force for licensure in this state on the date of the applicant's initial licensure or registration in the other country,
5. The applicant pays the fee described in division (B) of section 4755.42 of the Revised Code;
6. The applicant is not in violation of any section of this chapter or rule adopted under it.
For purposes of division (A)(4) of this section, if, after receiving the results of an
equivalency evaluation from a credentialing organization identified by the section pursuant to rules
adopted under section 4755.411 of the Revised Code, the section determines that regardless of the
results of the evaluation the applicant's education is not reasonably equivalent to the educational
requirements that were in force for licensure in this state on the date of the applicant's initial licensure or registration in another state or a foreign country, the section shall send a written notice to the applicant stating that the section is denying the applicant's application and stating the specific reason why the section is denying the applicant's application. The section shall send the notice to the applicant through certified mail within thirty days after the section makes that determination.

Effective Date: 04-16-1993; 04-06-2007; 10-03-2023

4755.451 Physical therapist assistant license - reciprocity

The physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall issue to an applicant a license as a physical therapist assistant without requiring the applicant to have passed the national examination for physical therapist assistants described in division (A) of section 4755.431 of the Revised Code within one year of filing an application described in section 4755.421 of the Revised Code if all of the following are true:
1. The applicant presents evidence satisfactory to the physical therapy section that the applicant received a score on the national physical therapy examination described in division (A) of section 4755.431 of the Revised Code that would have been a passing score according to the board in the year the applicant sat for the examination;
2. The applicant presents evidence satisfactory to the physical therapy section that the applicant passed the jurisprudence examination described in division (B) of section 4755.431 of the Revised Code;
3. The applicant holds a current and valid license or registration to practice as a physical
  therapist assistant in another country;
4. Subject to division (B) of this section, the applicant can demonstrate that the applicant's education is reasonably equivalent to the educational requirements that were in force for licensure in this state on the date of the applicant's initial licensure or registration in the other state or country;
5. The applicant pays the fee described in division (B) of section 4755.421 of the Revised Code;
6. The applicant is not in violation of any section of this chapter or rule adopted under it.
For purposes of division (A)(4) of this section, if, after receiving the results of an
equivalency evaluation from a credentialing organization identified by the section pursuant to rules
adopted under section 4755.411 of the Revised Code, the section determines that, regardless of the results of the evaluation, the applicant's education is not reasonably equivalent to the educational requirements that were in force for licensure in this state on the date of the applicant's initial licensure or registration in a foreign country, the section shall send a written notice to the applicant stating that the section is denying the applicant's application and stating the specific reason why the section is denying the applicant's application. The section shall send the notice to the applicant through certified mail within thirty days after the section makes the determination.

Effective Date: 04-06-2007; 3-20-2019; 10-03-2023

4755.46 Renewals

Every license to practice as a physical therapist or physical therapist assistant expires biennially in accordance with the schedule established in rules adopted by the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board under section 4755.411 of the Revised Code. Each individual holding a valid and current license may apply to the physical therapy section to renew the license in accordance with rules adopted by the board under section 4755.411of the Revised Code. Each application for license renewal shall be accompanied by a biennial renewal fee of not more than one hundred twenty-five dollars and, if applicable, the applicant's signed statement that the applicant completed the continuing education required under section 4755.51 or 4755.551 of the Revised Code within the time frame established in rules adopted by the physical therapy section under section 4755.411 of the Revised Code. A license that is not renewed by the last day for renewal established in rules shall automatically expire on that date.
Each licensee shall report to the section in writing a change in name, business address, or home address not later than thirty days after the date of the change.

Effective Date: 04-16-1993; 04-06-2007

4755.47 Disciplinary actions

In accordance with Chapter 119. of the Revised Code, the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board may, except as provided in division (B) of this section, refuse to grant a license to an applicant for an initial or renewed license as a physical therapist or physical therapist assistant or, by an affirmative vote of not less than five members, may limit, suspend, or revoke the license of a physical therapist or physical therapist assistant or reprimand, fine, place a license holder on probation, or require the license holder to take corrective action courses, on any of the following grounds:
1. Habitual indulgence in the use of controlled substances, other habit-forming drugs, or alcohol to an extent that affects the individual's professional competency;
2. Conviction of a felony or a crime involving moral turpitude, regardless of the state or country in which the conviction occurred;
3. Obtaining or attempting to obtain a license issued by the physical therapy section by fraud or deception, including the making of a false, fraudulent, deceptive, or misleading statement;
4. An adjudication by a court, as provided in section 5122.301 of the Revised Code, that the applicant or licensee is incompetent for the purpose of holding the license and has not thereafter been restored to legal capacity for that purpose;
5. Subject to section 4755.471 of the Revised Code, violation of the code of ethics adopted by the physical therapy section;
6. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate sections 4755.40 to 4755.56 of the Revised Code or any order issued or rule adopted under those sections;
7. Failure of one or both of the examinations required under section 4755.43 or 4755.431 of the Revised Code;
8. Permitting the use of one's name or license by a person, group, or corporation when the one permitting the use is not directing the treatment given;
9. Denial, revocation, suspension, or restriction of authority to practice a health care occupation, including physical therapy, for any reason other than a failure to renew, in Ohio or another state or jurisdiction;
10. Failure to maintain minimal standards of practice in the administration or handling of drugs, as defined in section 4729.01 of the Revised Code, or failure to employ acceptable scientific methods in the selection of drugs, as defined in section 4729.01 of the Revised Code, or other modalities for treatment;
11. Willful betrayal of a professional confidence;
12. Making a false, fraudulent, deceptive, or misleading statement in the solicitation of or advertising for patients in relation to the practice of physical therapy;
13. A departure from, or the failure to conform to, minimal standards of care required of licensees when under the same or similar circumstances, whether or not actual injury to a patient is established;
14. Obtaining, or attempting to obtain, money or anything of value by fraudulent misrepresentations in the course of practice;
15. Violation of the conditions of limitation or agreements placed by the physical therapy section on a license to practice;
16. Failure to renew a license in accordance with section 4755.46 of the Revised Code;
17. Except as provided in section 4755.471 of the Revised Code, engaging in the division of fees for referral of patients or receiving anything of value in return for a specific referral of a patient to utilize a particular service or business;
18. Inability to practice according to acceptable and prevailing standards of care because of mental illness or physical illness, including physical deterioration that adversely affects cognitive, motor, or perception skills;
19. The revocation, suspension, restriction, or termination of clinical privileges by the United States department of defense or department of veterans affairs;
20. Termination or suspension from participation in the medicare or medicaid program established under Title XVIII and Title XIX, respectively, of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, for an act or acts that constitute a violation of sections 4755.40 to 4755.56 of the Revised Code;
21. Failure of a physical therapist to maintain supervision of a student, physical therapist assistant, unlicensed support personnel, other assistant personnel, or a license applicant in accordance with the requirements of sections 4755.40 to 4755.56 of the Revised Code and rules adopted under those sections;
22. Failure to complete continuing education requirements as prescribed in section 4755.51 or 4755.511 of the Revised Code or to satisfy any rules applicable to continuing education requirements that are adopted by the physical therapy section;
23. Conviction of a misdemeanor when the act that constitutes the misdemeanor occurs during the practice of physical therapy;
24. 1. Except as provided in division (A)(24)(b) of this section, failure to cooperate with an investigation conducted by the physical therapy section, including failure to comply with a subpoena or orders issued by the section or failure to answer truthfully a question presented by the section at a deposition or in written interrogatories.
  2. Failure to cooperate with an investigation does not constitute grounds for discipline under this section if a court of competent jurisdiction issues an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence at issue.
25. Regardless of whether it is consensual, engaging in any of the following with a patient other than the spouse of the physical therapist or physical therapist assistant:
  1. Sexual conduct, as defined in section 2907.01 of the Revised Code;
  2. Sexual contact, as defined in section 2907.01 of the Revised Code;
  3. Verbal behavior that is sexually demeaning to the patient or may be reasonably interpreted by the patient as sexually demeaning.
26. Failure to notify the physical therapy section of a change in name, business address, or home address within thirty days after the date of change;
27. Except as provided in division (B) of this section:
  1. Waiving the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers physical therapy, would otherwise be required to pay if the waiver is used as an enticement to a patient or group of patients to receive health care services from that provider;
  2. Advertising that the individual will waive the payment of all or any part of a deductible or copayment that a patient, pursuant to a health insurance or health care policy, contract, or plan that covers physical therapy, would otherwise be required to pay;
28. Violation of any section of this chapter or rule adopted under it.
The physical therapy section shall not refuse to issue a license to an applicant because of a criminal conviction unless the refusal is an accordance with section 9.79 of the Revised Code.
Sanctions shall not be imposed under division (A)(27) of this section against any individual who waives deductibles and copayments as follows:
1. In compliance with the health benefit plan that expressly allows such a practice. Waiver of the deductibles or copayments shall be made only with the full knowledge and consent of the plan purchaser, payer, and third-party administrator. Documentation of the consent shall be made available to the physical therapy section upon request.
2. For professional services rendered to any other person licensed pursuant to sections 4755.40 to 4755.56 of the Revised Code to the extent allowed by those sections and the rules of the physical therapy section.
When a license is revoked under this section, application for reinstatement may not be made sooner than one year after the date of revocation. The physical therapy section may accept or refuse an application for reinstatement and may require that the applicant pass an examination as a condition for reinstatement.

When a license holder is placed on probation under this section, the physical therapy section's order for placement on probation shall be accompanied by a statement of the conditions under which the individual may be removed from probation and restored to unrestricted practice.

When an application for an initial or renewed license is refused under this section, the physical therapy section shall notify the applicant in writing of the section's decision to refuse issuance of a license and the reason for its decision.
On receipt of a complaint that a person licensed by the physical therapy section has committed any of the actions listed in division (A) of this section, the physical therapy section may immediately suspend the license of the physical therapist or physical therapist assistant prior to holding a hearing in accordance with Chapter 119. of the Revised Code if it determines, based on the complaint, that the person poses an immediate threat to the public. The physical therapy section may review the allegations and vote on the suspension by telephone conference call. If the physical therapy section votes to suspend a license under this division, the physical therapy section shall serve a written order of summary suspension to the person in accordance with sections 119.05 and 119.07 of the Revised Code. If the person fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the physical therapy section shall enter a final order permanently revoking the person's license. Notwithstanding section 119.12 of the Revised Code, a court of common pleas shall not grant a suspension of the physical therapy section's order of summary suspension pending the determination of an appeal filed under that section. Any order of summary suspension issued under this division shall remain in effect, unless reversed on appeal, until a final adjudication order issued by the physical therapy section pursuant to division (A) of this section becomes effective. The physical therapy section shall issue its final adjudication order regarding an order of summary suspension issued under this division not later than ninety days after completion of its hearing. Failure to issue the order within ninety days shall result in immediate dissolution of the suspension order, but shall not invalidate any subsequent, final adjudication order.

Effective Date: 04-10-1998; 04-06-2007; 3-22-2013; 9-29-2013; 09-30-2021; 10-09-2021; 10-03-2023

4755.471 Forms of business entities authorized to provide services

An individual whom the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board licenses, certificates, or otherwise legally authorizes to engage in the practice of physical therapy may render the professional services of a physical therapist within this state through a corporation formed under division (B) of section 1701.03 of the Revised Code, a limited liability company formed under former Chapter 1705. of the Revised Code as that chapter existed rior to February 11, 2022, or Chapter 1706. of the Revised Code, a partnership, or a professional association formed under Chapter 1785. of the Revised Code. This division does not preclude an individual of that nature from rendering professional services as a physical therapist through another form of business entity, including, but not limited to, a nonprofit corporation or foundation, or in another manner that is authorized by or in accordance with sections 4755.40 to 4755.53 of the Revised Code, another chapter of the Revised Code, or rules of the Ohio occupational therapy, physical therapy, and athletic trainers board adopted pursuant to sections 4755.40 to 4755.53 of the Revised Code.
A corporation, limited liability company, partnership, or professional association described in division (A) of this section may be formed for the purpose of providing a combination of the professional services of the following individuals who are licensed, certificated, or otherwise legally authorized to practice their respective professions:
1. Optometrists who are authorized to practice optometry under Chapter 4725. of the Revised Code;
2. Chiropractors who are authorized to practice chiropractic or acupuncture under Chapter 4734. of the Revised Code;
3. Psychologists who are authorized to practice psychology under Chapter 4732. of the Revised Code;
4. Registered or licensed practical nurses who are authorized to practice nursing as registered nurses or as licensed practical nurses under Chapter 4723. of the Revised Code;
5. Pharmacists who are authorized to practice pharmacy under Chapter 4729. of the Revised Code;
6. Physical therapists who are authorized to practice physical therapy under sections 4755.40 to 4755.56 of the Revised Code;
7. Occupational therapists who are authorized to practice occupational therapy under sections 4755.04 to 4755.13 of the Revised Code;
8. Mechanotherapists who are authorized to practice mechanotherapy under section 4731.151 of the Revised Code;
9. Doctors of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery who are authorized for their respective practices under Chapter 4731. of the Revised Code;
10. Licensed professional clinical counselors, licensed professional counselors, independent social workers, social workers, independent marriage and family therapists, marriage and family therapists, art therapists, or music therapists who are authorized for their respective practices under Chapter 4757. of the Revised Code.

This division shall apply notwithstanding a provision of a code of ethics applicable to a physical therapist that prohibits a physical therapist from engaging in the practice of physical therapy in combination with a person who is licensed, certificated, or otherwise legally authorized to practice optometry, chiropractic, acupuncture through the state chiropractic board, psychology, nursing, pharmacy, occupational therapy, mechanotherapy, medicine and surgery, osteopathic medicine and surgery, podiatric medicine and surgery, professional counseling, social work, marriage and family therapy, art therapy, or music therapy, but who is not also licensed, certificated, or otherwise legally authorized to engage in the practice of physical therapy.

Effective Date: 03-22-1999; 08-22-2007; 07-10-2014; 04-12-2021; 10-03-2023

4755.48 Prohibitions

No person shall employ fraud or deception in applying for or securing a license to practice physical therapy or to be a physical therapist assistant.
No person shall practice or in any way imply or claim to the public by words, actions, or the use of letters as described in division (C) of this section to be able to practice physical therapy or to provide physical therapy services, including practice as a physical therapist assistant, unless the person holds a valid license under sections 4755.40 to 4755.56 of the Revised Code or except for submission of claims as provided in section 4755.56 of the Revised Code.
No person shall use the words or letters, physical therapist, physical therapy, physical therapy services, physiotherapist, physiotherapy, physiotherapy services, licensed physical therapist, P.T., Ph.T., P.T.T., R.P.T., L.P.T., M.P.T., D.P.T., M.S.P.T., P.T.A., physical therapy assistant, physical therapist assistant, physical therapy technician, licensed physical therapist assistant, L.P.T.A., R.P.T.A., or any other letters, words, abbreviations, or insignia, indicating or implying that the person is a physical therapist or physical therapist assistant without a valid license under sections 4755.40 to 4755.56 of the Revised Code.
No person who practices physical therapy or assists in the provision of physical therapy treatments under the supervision of a physical therapist shall fail to display the person's current license granted under sections 4755.40 to 4755.56 of the Revised Code in a conspicuous location in the place where the person spends the major part of the person's time so engaged.
Nothing in sections 4755.40 to 4755.56 of the Revised Code shall affect or interfere with the performance of the duties of any physical therapist or physical therapist assistant in active service in the army, navy, coast guard, marine corps, air force, public health service, or marine hospital service of the United States, while so serving.
Nothing in sections 4755.40 to 4755.56 of the Revised Code shall prevent or restrict the activities or services of a person pursuing a course of study leading to a degree in physical therapy in an accredited or approved educational program if the activities or services constitute a part of a supervised course of study and the person is designated by a title that clearly indicates the person's status as a student.
1. Subject to division (G)(2) of this section, nothing in sections 4755.40 to 4755.56 of the Revised Code shall prevent or restrict the activities or services of any person who holds a current, unrestricted license to practice physical therapy in another state when that person, pursuant to contract or employment with an athletic team located in the state in which the person holds the license, provides physical therapy to any of the following while the team is traveling to or from or participating in a sporting event in this state:
  1. A member of the athletic team;
  2. A member of the athletic team's coaching, communications, equipment, or sports medicine staff;
  3. A member of a band or cheerleading squad accompanying the athletic team;
  4. The athletic team's mascot.
2. In providing physical therapy pursuant to division (G)(1) of this section, the person shall not do either of the following:
  1. Provide physical therapy at a health care facility;
  2. Provide physical therapy for more than sixty days in a calendar year.
3. The limitations described in divisions (G)(1) and (2) of this section do not apply to a person who is practicing in accordance with the compact privilege granted by this state through the "Physical Therapy Licensure Compact" entered into under section 4755.57 of the Revised Code.
4. The physical therapy section of the occupational therapy, physical therapy, and athletic
  trainers board shall not require a nonresident person who holds a license to practice physical therapy in another state to obtain a license in accordance with Chapter 4796. of the Revised Code to provide physical therapy services in the manner described under division (G)(1) of this section.
1. Except as provided in division (H)(2) of this section and subject to division (I) of this section, no person shall practice physical therapy other than on the prescription of, or the referral of a patient by, a person who is licensed in this or another state to do at least one of the following:
  1. Practice medicine and surgery, chiropractic, dentistry, osteopathic medicine and surgery, podiatric medicine and surgery;
  2. Practice as a physician assistant;
  3. Practice nursing as an advanced practice registered nurse .
2. The prohibition in division (H)(1) of this section on practicing physical therapy other than on the prescription of, or the referral of a patient by, any of the persons described in that division does not apply if either of the following applies to the person:
  1. The person holds a master's or doctorate degree from a professional physical therapy program that is accredited by a national physical therapy accreditation agency approved by the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board.
  2. On or before December 31, 2004, the person has completed at least two years of practical experience as a licensed physical therapist.
To be authorized to prescribe physical therapy or refer a patient to a physical therapist for physical therapy, a person described in division (H)(1) of this section must be in good standing with the relevant licensing board in this state or the state in which the person is licensed and must act only within the person's scope of practice.
In the prosecution of any person for violation of division (B) or (C) of this section, it is not necessary to allege or prove want of a valid license to practice physical therapy or to practice as a physical therapist assistant, but such matters shall be a matter of defense to be established by the accused.

Effective Date: 05-04-2004; 09-29-2005; 04-06-2007; 3-22-2013; 4-6-2017; 09-30-2021

4755.481 Treatment without prescription or referral

If a physical therapist evaluates and treats a patient without the prescription of, or the referral of the patient by, a person described in division (H)(1) of section 4755.48 of the Revised Code, all of the following apply:
1. The physical therapist shall, upon consent of the patient, inform the relevant person described in division (H)(1) of section 4755.48 of the Revised Code of the evaluation not later than five business days after the evaluation is made.
2. If the physical therapist determines, based on reasonable evidence, that no substantial progress has been made with respect to that patient during the thirty-day period immediately following the date of the patient's initial visit with the physical therapist, the physical therapist shall consult with or refer the patient to a person described in division (H)(1) of section 4755.48 of the Revised Code, unless either of the following applies:
  1. The evaluation, treatment, or services are being provided for fitness, wellness, or prevention purposes.
  2. The patient previously was diagnosed with chronic, neuromuscular, or developmental conditions and the evaluation, treatment, or services are being provided for problems or symptoms associated with one or more of those previously diagnosed conditions.
3. If the physical therapist determines that orthotic devices are necessary to treat the patient, the physical therapist shall be limited to the application of the following orthotic devices:
  1. Upper extremity adaptive equipment used to facilitate the activities of daily living;
  2. Finger splints;
  3. Wrist splints;
  4. Prefabricated elastic or fabric abdominal supports with or without metal or plastic reinforcing stays and other prefabricated soft goods requiring minimal fitting;
  5. Nontherapeutic accommodative inlays;
  6. Shoes that are not manufactured or modified for a particular individual;
  7. Prefabricated foot care products;
  8. Custom foot orthotics;
  9. Durable medical equipment.
4. If, at any time, the physical therapist has reason to believe that the patient has symptoms or conditions that require treatment or services beyond the scope of practice of a physical therapist, the physical therapist shall refer the patient to a licensed health care practitioner acting within the practitioner's scope of practice.
Nothing in sections 4755.40 to 4755.56 of the Revised Code shall be construed to require reimbursement under any health insuring corporation policy, contract, or agreement, any sickness and accident insurance policy, the medicaid program, or the health partnership program or qualified health plans established pursuant to sections 4121.44 to 4121.442 of the Revised Code, for any physical therapy service rendered without the prescription of, or the referral of the patient by, a person described in division (H)(1) of section 4755.48 of the Revised Code.
For purposes of this section, "business day" means any calendar day that is not a Saturday, Sunday, or legal holiday. "Legal holiday" has the same meaning as in section 1.14 of the Revised Code.

Effective Date: 05-04-2004; 12-30-2004; 06-27-2005; 3-22-2013; 9-29-2013; 4-6-2017

4755.482 Requirements for teaching physical therapy - violations - sanctions

Except as otherwise provided in Cdivisions (B) and (C) of this section, a person shall not teach a physical therapy theory and procedures course in physical therapy education without obtaining a license as a physical therapist from the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board.
A nonresident who is registered or licensed as a physical therapist under the laws of another state shall not teach a physical therapy theory and procedures course in physical therapy education for more than one year without obtaining a license as a physical therapist from the physical therapy section, and the section shall not require that person to obtain a license in accordance with Chapter 4796, of the Revised Code to teach as described in this division.
A person who is registered or licensed as a physical therapist under the laws of a foreign country and is not registered or licensed as a physical therapist in any state who wishes to teach a physical therapy theory and procedures course in physical therapy education in this state, or an institution that wishes the person to teach such a course at the institution, may apply to the physical therapy section to request authorization for the person to teach such a course for a period of not more than one year. Any member of the physical therapy section may approve the person's or institution's application. No person described in this division shall teach such a course for longer than one year without obtaining a license from the physical therapy section.
The physical therapy section may investigate any person who allegedly has violated this
section. The physical therapy section has the same powers to investigate an alleged violation of this section as those powers specified in section 4755.02 of the Revised Code. If, after investigation, the physical therapy section determines that reasonable evidence exists that a person has violated this section, within seven days after that determination, the physical therapy section shall send a written notice to that person in the same manner as prescribed in section 119.07 of the Revised Code for licensees, except that the notice shall specify that a hearing will be held and specify the date, time, and place of the hearing. The physical therapy section shall hold a hearing regarding the alleged violation in the same manner prescribed for an adjudication hearing under section 119.09 of the Revised Code. If the physical therapy section, after the hearing, determines a violation has occurred, the physical therapy section may discipline the person in the same manner as the physical therapy section disciplines licensees under section 4755.47 of the Revised Code. The physical therapy section's determination is an order that the person may appeal in accordance with section 119.12 of the Revised Code. If a person who allegedly committed a violation of this section fails to appear for a hearing, the physical therapy section may request the court of common pleas of the county where the alleged violation occurred to compel the person to appear before the physical therapy section for a hearing. If the physical therapy section assesses a person a civil penalty for a violation of this section and the person fails to pay that civil penalty within the time period prescribed by the physical therapy section, the physical therapy section shall forward to the attorney general the name of the person and the amount of the civil penalty for the purpose of collecting that civil penalty. In addition to the civil penalty assessed pursuant to this section, the person also shall pay any fee assessed by the attorney general for collection of the civil penalty.

Effective Date: 04-06-2007; 10-03-2023

4755.50 No restrictions on licensed health care professional

Nothing in this chapter shall be construed to prevent or restrict the practice of any person who is a licensed health care professional in this state while practicing within the scope of the person's license and according to the standards and ethics of the person's profession, or of any person employed by or acting under the supervision of that licensed health care professional. Services rendered by a person acting under the supervision or in the employment of a licensed health care professional shall not be designated physical therapy.

Effective Date: 03-27-1991; 04-06-2007

4755.51 Continuing education

Except in the case of a first license renewal, a physical therapist is eligible for renewal of the physical therapist's license only if the physical therapist has completed twenty-four units of continuing education in one or more courses, activities, or programs approved by the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board. On request of the physical therapy section, an applicant for license renewal shall submit evidence satisfactory to the section of completion of the required continuing physical therapy education.

Effective Date: 04-16-1993; 04-06-2007

4755.511 License renewal - continuing education requirements

Except in the case of a first license renewal, a physical therapist assistant is eligible for renewal of the physical therapist assistant's license only if the physical therapist assistant has completed twelve units of continuing education in one or more courses, activities, or programs approved by the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board. On request of the physical therapy section, an applicant for license renewal shall submit evidence satisfactory to the section of completion of the required continuing physical therapist assistant education.

Effective Date: 04-06-2007

4755.52 Administrative rules for approval of courses, programs and activities

In accordance with Chapter 119. of the Revised Code, the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall adopt rules specifying standards, in addition to the standards specified by division (B) of this section, for approval of continuing education courses, programs, and activities for physical therapists and physical therapist assistants.
To be eligible for approval by the physical therapy section, a continuing education course, program, or activity shall meet all of the following requirements:
1. Include significant intellectual or practical content, the primary objective of which is to improve the professional competence of the participant;
2. Be an organized program of learning dealing with matters directly related to the practice of physical therapy, professional responsibility, ethical obligations, or similar subjects that the section determines maintain and improve the quality of physical therapy services in this state;
3. Consist of in-person instruction or other methods of instruction, including the use of self-study materials prepared and conducted by an individual or a group qualified by practical or academic experience as determined by the section;
4. Be presented in a setting physically suited to the educational activity of the course, program, or activity;
5. Include thorough, high-quality written material;
6. Meet any other standards established by rule of the section adopted under division (A) of this section.
The physical therapy section shall review physical therapy continuing education programs, courses, and activities and grant approval to those that meet the standards established under divisions (A) and (B) of this section. If the section denies approval of a course, program, or activity, it shall give a written explanation of the reason for denial to the person requesting approval. The physical therapy section may approve continuing education courses, programs, and activities that have been approved by an agency in another state that governs the licensure of physical therapists and physical therapist assistants if the section determines that the standards for continuing education courses established by the agency are comparable to those established pursuant to this section. The physical therapy section may contract with the Ohio chapter of the American physical therapy association for assistance in performance of the section's duties under this section.

Effective Date: 04-16-1993; 04-06-2007

4755.53 Continuing education - granting units

Subject to division (B) of this section, the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall grant continuing education units to a licensed physical therapist or physical therapist assistant as follows:
1. For completing an approved continuing education course, program, or activity, one unit for each hour of instruction received;
2. For teaching as a faculty member of an institution of higher education a course that is part of the curriculum of the institution, one-half unit for each semester hour of the course, or an equivalent portion of a unit, as determined by the section, for each quarter or trimester hour of the course;
3. For teaching an approved course that is part of the curriculum of an institution of higher education other than as a faculty member, one unit for each hour of teaching the course;
4. For teaching an approved course, program, or activity, other than a course that is part of the curriculum of an institution of higher education, three units for each hour of teaching the course, program, or activity the first time and one-half unit for each hour of teaching the course, program, or activity any time after the first time;
5. For authoring a published article or book, up to ten units as determined by the physical therapy section.
The physical therapy section shall grant no more than twelve units of continuing education for teaching during a biennial renewal period.
The physical therapy section may contract with the Ohio chapter of the American physical therapy association for assistance in performance of the section's duties under this section.

Effective Date: 04-16-1993

4755.56 Insurance claims to specify license number of physical therapy service provider

As used in this section:
1. "Governmental health care program" has the same meaning as in section 4731.65 of the Revised Code.
2. "Third-party payer" has the same meaning as in section 3901.38 of the Revised Code.
1. Except as provided in division (B)(2) of this section, each person and governmental entity, when submitting to a governmental health care program or third-party payer a claim for payment for services rendered in this state that are designated in the claim as physical therapy, shall specify in the claim one of the following:
  1. The national provider identifier that is assigned by the United States secretary of health and human services or the secretary's designee pursuant to 45 C.F.R. 162.406 and 162.408 to the physical therapist licensed under this chapter who rendered the services;
  2. The national provider identifier that is assigned by the United States secretary of health and human services or the secretary's designee pursuant to 45 C.F.R. 162.406 and 162.408 to the health care professional who rendered the services in accordance with section 4755.50 of the Revised Code.
2. The requirement of division (B)(1) of this section to specify the national provider identifiers on claims for services designated as physical therapy does not apply to a hospital, as defined in section 3727.01 of the Revised Code, or to any entity submitting a claim on behalf of a hospital unless otherwise required by federal law.
Each physical therapist licensed under this chapter who renders or supervises physical therapy, and each health care professional licensed in this state who renders services in accordance with section 4755.50 of the Revised Code designated as physical therapy, shall provide a patient, when the patient is responsible for submitting a claim to a governmental health care program or third-party payer, with the physical therapist's or health care professional's national provider identifier and a written explanation of the provisions of divisions (B)(1) and (D) of this section.
A governmental health care program or third-party payer is not required to pay a claim for payment for services designated as physical therapy that does not specify the national provider identifiers required by division (B)(1) of this section. If the claim was submitted by the physical therapist who rendered or supervised the services, another health care professional who rendered or supervised the services in accordance with section 4755.50 of the Revised Code, or an entity other than a patient on behalf of the therapist or health care professional, the patient is not required to pay any amount for the services specified in the claim.

Effective Date: 11-24-1995; 04-06-2007

4755.57 Physical therapy licensure compact

The Physical Therapy Licensure Compact" is hereby ratified, enacted into law, and entered into by the state of Ohio as a party to the compact with any other state that has legally joined in the compact as follows:

PHYSICAL THERAPY LICENSURE COMPACT

SECTION 1. PURPOSE

The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

This Compact is designed to achieve the following objectives:

Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;
Enhance the states' ability to protect the public's health and safety;
Encourage the cooperation of member states in regulating multi-state physical therapy practice;
Support spouses of relocating military members;
Enhance the exchange of licensure, investigative, and disciplinary information between member states; and
Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.

SECTION 2. DEFINITIONS

As used in this Compact, and except as otherwise provided, the following definitions shall apply:

"Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211.
"Adverse Action" means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.
"Alternative Program" means a non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.
"Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.
"Continuing competence" means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
"Data system" means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.
"Encumbered license" means a license that a physical therapy licensing board has limited in any way.
"Executive Board" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
"Home state" means the member state that is the licensee's primary state of residence.
"Investigative information" means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.
"Jurisprudence Requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of physical therapy in a state.
"Licensee" means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.
"Member state" means a state that has enacted the Compact.
"Party state" means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.
"Physical therapist" means an individual who is licensed by a state to practice physical therapy.
"Physical therapist assistant" means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.
"Physical therapy," "physical therapy practice," and "the practice of physical therapy" mean the care and services provided by or under the direction and supervision of a licensed physical therapist.
"Physical Therapy Compact Commission" or "Commission" means the national administrative body whose membership consists of all states that have enacted the Compact.
"Physical therapy licensing board" or "licensing board" means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.
"Remote State" means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.
"Rule" means a regulation, principle, or directive promulgated by the Commission that has the force of law.
"State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

To participate in the Compact, a state must:
1. Participate fully in the Commission's data system, including using the Commission's unique identifier as defined in rules;
2. Have a mechanism in place for receiving and investigating complaints about licensees;
3. Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
4. Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with Section 3.B.;
5. Comply with the rules of the Commission;
6. Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and
7. Have continuing competence requirements as a condition for license renewal.
Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. § 534 and 42 U.S.C. § 14616.
A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.
Member states may charge a fee for granting a compact privilege.

SECTION 4. COMPACT PRIVILEGE

To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:
1. Hold a license in the home state;
2. Have no encumbrance on any state license;
3. Be eligible for a compact privilege in any member state in accordance with Sections 4D, G and H;
4. Have not had any adverse action against any license or compact privilege within the previous 2 years;
5. Notify the Commission that the licensee is seeking the compact privilege within a remote state(s);
6. Pay any applicable fees, including any state fee, for the compact privilege;
7. Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and
8. Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.
The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of Section 4.A. to maintain the compact privilege in the remote state.
A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
1. The home state license is no longer encumbered; and
2. Two years have elapsed from the date of the adverse action.
Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state.
If a licensee's compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:
1. The specific period of time for which the compact privilege was removed has ended;
2. All fines have been paid; and
3. Two years have elapsed from the date of the adverse action.
Once the requirements of Section 4G have been met, the license must meet the requirements in Section 4A to obtain a compact privilege in a remote state.

SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:

Home of record;
Permanent Change of Station (PCS); or
State of current residence if it is different than the PCS state or home of record.

SECTION 6. ADVERSE ACTIONS

A home state shall have exclusive power to impose adverse action against a license issued by the home state.
A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.
Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state's laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.
A remote state shall have the authority to:
1. Take adverse actions as set forth in Section 4.D. against a licensee's compact privilege in the state;
2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and
3. If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
Joint Investigations
1. In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION

The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission:
1. The Commission is an instrumentality of the Compact states.
2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
Membership, Voting, and Meetings
1. Each member state shall have and be limited to one (1) delegate selected by that member state's licensing board.
2. The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.
3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
4. The member state board shall fill any vacancy occurring in the Commission.
5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.
6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
The Commission shall have the following powers and duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Maintain its financial records in accordance with the bylaws;
4. Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;
5. Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;
6. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;
9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;
11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;
12. Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
16. Provide and receive information from, and cooperate with, law enforcement agencies;
17. Establish and elect an Executive Board; and
18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of physical therapy licensure and practice.
The Executive Board
The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact.
1. The Executive Board shall be comprised of nine members:
  1. Seven voting members who are elected by the Commission from the current membership of the Commission;
  2. One ex-officio, nonvoting member from the recognized national physical therapy professional association; and
  3. One ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.
2. The ex-officio members will be selected by their respective organizations.
3. The Commission may remove any member of the Executive Board as provided in bylaws.
4. The Executive Board shall meet at least annually.
5. The Executive Board shall have the following Duties and responsibilities:
  1. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;
  2. Ensure Compact administration services are appropriately provided, contractual or otherwise;
  3. Prepare and recommend the budget;
  4. Maintain financial records on behalf of the Commission;
  5. Monitor Compact compliance of member states and provide compliance reports to the Commission;
  6. Establish additional committees as necessary; and
  7. Other duties as provided in rules or bylaws.
Meetings of the Commission
1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 9.
2. The Commission or the Executive Board or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Board or other committees of the Commission must discuss:
  1. Non-compliance of a member state with its obligations under the Compact;
  2. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;
  3. Current, threatened, or reasonably anticipated litigation;
  4. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
  5. Accusing any person of a crime or formally censuring any person;
  6. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
  7. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
  8. Disclosure of investigative records compiled for law enforcement purposes;
  9. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or
  10. Matters specifically exempted from disclosure by federal or member state statute.
3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.
4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.
5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.
Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

SECTION 8. DATA SYSTEM

The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or compact privilege;
4. Non-confidential information related to alternative program participation;
5. Any denial of application for licensure, and the reason(s) for such denial; and
6. Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.
Investigative information pertaining to a licensee in any member state will only be available to other party states.
The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

SECTION 9. RULEMAKING

The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.
Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly accessible platform; and
2. On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
2. The text of the proposed rule or amendment and the reason for the proposed rule;
3. A request for comments on the proposed rule from any interested person; and
4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.
Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
The Commission shall grant an opportunity for a public hearing before it adopts a rule oramendment if a hearing is requested by:
1. At least twenty-five (25) persons;
2. A state or federal governmental subdivision or agency; or
3. An association having at least twenty-five (25) members.
If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings will be recorded. A copy of the recording will be made available on request.
4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.
The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or member state funds;
3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
4. Protect public health and safety.
The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

Oversight
1. The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission.
3. The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.
Default, Technical Assistance, and Termination
1. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:
  1. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and
  2. Provide remedial training and specific technical assistance regarding the default.
2. If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
3. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
5. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.
6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees
Dispute Resolution
1. Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non-member states.
2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
Enforcement

SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

SECTION 12. CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.

Effective Date: 06-30-2021

4755.571 Delegate to physical therapy compact commission

Not later than ninety days after the "Physical Therapy Licensure Compact" is entered into under section 4755.57 of the Revised Code, the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall select an individual to serve as a delegate to the physical therapy compact commission created under the compact. The physical therapy section shall fill a vacancy in this position not later than ninety days after the vacancy occurs.

Effective Date: 06-30-2021

4796.01

A.  "License" means an authorization evidenced by a license, certificate, registration, permit,
card, or other authority that is issued or conferred by a licensing authority to an individual by which
  the individual has or claims the privilege to engage in a profession, occupation, or occupational
  activity over which the licensing authority has jurisdiction.
B.  "Licensing authority" means a state agency or political subdivision that issues licenses or
government certifications.
C. "State agency" has the same meaning as in section 1.60 of the Revised Code.
D. "Political subdivision" means a county, township, municipal corporation, or any other
body corporate and politic that is responsible for government activities in a geographic area smaller
than that of the state.
E. "Out-of-state occupational license" means a license, certificate, registration, permit, card,
or other authority that is issued or conferred by one of the uniformed services or the government of
another state to an individual by which the individual has or claims the privilege to engage in a
profession, occupation, or occupational activity over which that service or state has jurisdiction.
F.

1. "Government certification" means authorization from a licensing authority, one of the
uniformed services, or the government of another state to an individual who meets qualifications
related to a profession, occupation, or occupational activity to which both of the following apply:
a. Only an individual holding the authorization may use a specific title or titles when
advertising or holding the individual's self out to engage in the profession, occupation, or
occupational activity.
b. An individual is not required to have the authorization to engage in the profession,
occupation, or occupational activity in the respective jurisdiction.

2.  "Government certification" does not include a license or an out-of-state occupational
  license.
G. "Private certification" means authorization from a private organization to an individual
who meets qualifications determined by the organization related to the performance of a profession,
  occupation, or occupational activity and by which the individual may hold the individual's self out as
  certified by the organization.
H. "National standard" means a standard declared by a national organization to be the
preferred standard for licensure of a profession if both of the following apply:

1.  The standard is required by at least forty-five states, including this state, to receive a
  license or government certification for the respective profession, occupation, or occupational
  activity.
2. The standard includes both of the following:
a.  A uniform quantitative minimum education or experience requirement;
b.  A requirement to pass a national examination.
I. "Uniform quantitative minimum education or experience requirement" means a
quantitative minimum education or experience requirement that is identical in all states that adopt a
national standard.
J.  "National examination" means an examination that is substantially similar in all states that
adopt a national standard.
K. "Good standing" means that the individual's out-of-state occupational license,
government certification, or private certification, as applicable, is not restricted or limited by the
entity that regulates the out-of-state license, government certification, or private certification.
L. "Armed forces of the United States" means the army, navy, air force, marine corps, space
force, coast guard, or any other reserve components of those forces.
M. "Uniformed services" means the armed forces of the United States; the commissioned
corps of the national oceanic and atmospheric administration; the commissioned corps of the public
health service; or any reserve components of those forces; and such other service as may be
designated by congress.

4796.02 For purposes of any law requiring a licensing authority to issue a license or
government certification under this chapter to an individual who holds a license or government
certification issued by another state, "another state," "any other state," and "home state" include the
uniformed services. This section does not apply to any provision of a law governing a profession,
occupation, or occupational activity that does not require an individual who holds a license or
government certification in another state to be issued a license or government certification under this
chapter.

4796.03 Except as otherwise provided in this chapter, a licensing authority shall issue a
license or government certification to an applicant if the licensing authority determines that all of the
following apply:
A.  The applicant holds either of the following:
1.  A substantially similar out-of-state occupational license that authorizes the applicant to
  engage in the same profession, occupation, or occupational activity as the license or government
  certification for which the applicant is applying in this state;
2.  A government certification in the same profession, occupation, or occupational activity as the
license or government certification for which the applicant is applying in this state from one of
the uniformed services or a state that does not issue an out-of-state occupational license for the
respective profession, occupation, or occupational activity.
B.

1. Except as provided in division (B)(2) of this section, the applicant has held the out-of-state
occupational license or government certification for at least one year immediately preceding the
date the application is submitted and has been actively engaged in the practice of the same
profession, occupation, or occupational activity as the license or government certification for which
the applicant is applying in this state for at least one of the five years immediately preceding the
date the application is submitted.
2. A licensing authority may waive the requirement that an applicant has held the out-of-state
occupational license or government certification for at least one year immediately preceding the
date the application is submitted and has been actively engaged in the practice of the profession,
occupation, or occupational activity for one of the five years immediately preceding the date the
application is submitted.
C. The applicant is in good standing in all jurisdictions in which the applicant holds an out-of-state
occupational license or government certification to practice the same profession, occupation,
or occupational activity for which the applicant is applying in this state.
D.

1. Except as provided in division (D)(2) of this section, the applicant was required to
satisfy minimum education, training, or experience requirements or pass an examination to receive
the out-of-state occupational license or government certification.
2. Division (D)(1) of this section does not apply if the applicable law governing the license
or government certification for which the applicant is applying in this state does not require an
applicant to do at least one of the following to receive the license or government certification:
a. Satisfy minimum education, training, or experience requirements;
b. Pass an examination.
E.  The applicant has not surrendered or had revoked a license, out-of-state occupational
  license, or government certification because of negligence or intentional misconduct related to the
  applicant's work in the same profession, occupation, or occupational activity for which the applicant
is applying in this state.
F.   The applicant pays a fee to the licensing authority that is equal to one of the following, as
  determined by the licensing authority:
1. The renewal fee for license or government certification holders under the applicable law;
2. The initial licensure fee for applicants to be issued the license or government certification
under the applicable law;
3. The fee in effect before the effective date of this section for applicants who hold an out-of-state
occupational license or government certification to be issued the license or government
certification under the applicable law.
G. The applicant has not been convicted of, found guilty pursuant to a judicial finding of, or
  plead guilty to a criminal offense for which a licensing authority may deny an application for a
  license or government certification or that would otherwise disqualify the applicant for the license or
  government certification under the applicable law of this state governing the profession, occupation,
  or occupational activity for which the applicant is applying.

4796.04 Except as otherwise provided in this chapter, a licensing authority shall issue a
license or government certification to an applicant if the licensing authority determines that all of the
following apply:

1.  Except as provided in division (A)(2) of this section, the applicant has held a private
  certification for at least two years immediately preceding the date the application is submitted and
  has been actively engaged in the same profession, occupation, or occupational activity as the
  license or government certification for which the applicant is applying in this state in a state that
  does not issue an out-of-state occupational license or government certification for the respective
  profession, occupation, or occupational activity for at least two of the five years immediately
  preceding the date the application is submitted.
2.  A licensing authority may waive the requirement that an applicant has held the private
  certification for at least two years immediately preceding the date the application is submitted and
  has been actively engaged in the practice of the profession, occupation, or occupational activity for
  two of the five years immediately preceding the date the application is submitted.
B.  The applicant is in good standing with the private organization that issued the private certification.
C.  The applicant meets the requirements specified under divisions (E) to (G) of section
4796.03 of the Revised Code.

4796.05

A. Except as otherwise provided in this chapter, a licensing authority shall issue a license or government
certification to an applicant if the licensing authority determines that an applicant satisfies divisions (B)
and (C) of this section.
B.

1.  Except as provided in division (B)(2) of this section, the applicant has been actively
  engaged in the same profession, occupation, or occupational activity as the license or government
  certification for which the applicant is applying in this state for at least three of the five years
  immediately preceding the date the application is submitted in either of the following:
a.  A state that does not issue an out-of-state occupational license or government certification
for the respective profession, occupation, or occupational activity;
b. Service of the uniformed services.
2.  A licensing authority may waive the requirement that an applicant has been actively
  engaged in the practice of the profession, occupation, or occupational activity for three of the five
  years immediately preceding the date the application is submitted.
C.  The applicant meets the requirements under divisions (E) to (G) of section 4796.03 of the
Revised Code.

4796.08

A.  If a licensing authority requires an applicant to pass an examination on this state's laws and rules
governing the applicable profession, occupation, or occupational activity to receive a license or
government certification under the applicable law, a licensing authority may require an applicant to
pass the examination to receive a license or government certification under this chapter.
B.  If a licensing authority requires an applicant under the law governing the applicable profession,
occupation, or occupational activity to submit to a criminal records check to receive a
license or government certification, the licensing authority shall require an applicant to submit to the
criminal records check to receive a license or government certification under this chapter.
C. If a licensing authority requires an applicant under the law governing the applicable profession,
  occupation, or occupational activity to satisfy a financial responsibility requirement to receive a license
  or government certification, the licensing authority shall require an applicant to satisfy the requirement
  to receive a license or government certification under this chapter.
D. If a federal law, rule, or regulation requires the state to impose a requirement on an applicant with
  which the applicant must comply to receive a license or government certification as a condition for the
state to receive federal funding, the licensing authority may require an applicant to satisfy that
  requirement to receive a license or government certification under this chapter.

4796.10 If an applicant would be disqualified from obtaining a license or government
certification under this chapter because of a conviction, judicial finding of guilt, or plea of guilty to a
disqualifying criminal offense as described in division (G) of section 4796.03 of the Revised Code,
the licensing authority may, in accordance with rules adopted under section 4796.30 of the Revised
Code, issue a restricted or limited license or government certification to the applicant, provided the
limitation or restriction is relevant to the offense.

4796.11 If the law governing the applicable profession, occupation, or occupational
activity allows or requires a licensing authority to take disciplinary action against an applicant,
including but not limited to refusing to issue, limiting, or restricting a license or government
certification for a reason that is not related to minimum education, training, or experience
requirements or an examination requirement, the licensing authority may apply the applicable
provision of law to an applicant under this chapter in the same manner as to an applicant for an initial
license under the applicable law.

4796.12 If the law governing the applicable profession, occupation, or occupational
activity allows a licensing authority to determine the fitness to practice of an applicant who has not
been engaged in the practice of the profession, occupation, or occupational activity for a period of
time specified in that law and to impose terms and conditions on the applicant to receive a license or
government certification, the licensing authority may apply the requirements of that law to an
applicant under this chapter.

4796.13 If the law governing the applicable profession, occupation, or occupational
activity allows or requires a licensing authority to deny an applicant a license or government
certification if the applicant was subject to discipline by an entity that regulates a license, out-of-state
occupational license, or government certification, the licensing authority may apply the applicable
provision of law to an applicant under this chapter.

4796.20

A. Except as provided in division (B) of this section, a licensing authority shall provide an applicant with a
written decision to issue or reject a license or government certification under this chapter or take any
other action under this chapter within sixty days after receiving a complete application. For purposes
of this division, an application shall not be considered complete until any required examination or
criminal records check under divisions (A) and (B) of section 4796.08 of the Revised Code is
complete.
B. If an applicant is the subject of a complaint, allegation, or investigation that relates to
  information provided in the application, unprofessional conduct, a violation of a law regulating a
profession, occupation, or occupational activity, or an alleged crime pending before a court,
administrative agency, licensing authority, or other entity that regulates a license, out-of-
state occupational license, or government certification, a licensing authority shall not issue or deny a
  license or government certification to the applicant under this chapter until the complaint, allegation,
  or investigation is resolved to the satisfaction of the licensing authority. A licensing authority shall
  provide the applicant with a written decision to issue or reject a license or government certification
  under this chapter or take any other action under this chapter within sixty days after the complaint,
  allegation, or investigation is resolved to the satisfaction of the licensing authority.

4796.21 An applicant who is issued a license or government certification under this chapter is subject to the laws regulating the practice of the applicable occupation or profession in this state and is subject to the licensing authority's jurisdiction. An applicant who is issued a license or government certification under this chapter may practice the applicable occupation or profession in this state only within the scope and practice that is permitted under Ohio law and that does not exceed the applicant's training.

4796.22

A.  Except as provided in division (B) of this section, a license or government certification issued under
this chapter shall be considered a license or government certification issued under the laws regulating
the practice of the applicable occupation or profession in this state. Provisions of law applicable to a
license or government certification issued to an applicant who does not obtain a license or
government certification under this chapter apply in the same manner to licenses and government
certifications issued under this chapter.
B.  A licensing authority may, for purposes of verifying licensure status in this state with an entity that
licenses the same profession, occupation, or occupational activity in another state, require
an applicant issued a license or government certification under this chapter to satisfy a national
standard to have that license or government certification verified as a license or government
certification issued by this state. A licensing authority may require satisfaction of a national standard
under this division only if both of the following apply:
1. An applicant for a license or government certification under the laws of this state governing the
profession, occupation, or occupational activity is required to satisfy the national standard to receive
the license or government certification.
2. The licensing authority posts notice of the requirement to satisfy the national standard on the web
site maintained by the licensing authority.
C. If a licensing authority elects to require satisfaction of a national standard under division (B) of this
section and the law governing the license or government certification in effect immediately before the
effective date of this section required an applicant who holds an out-of-state occupational license or
government certification to satisfy a requirement that is less restrictive than a requirement described in
division (B), (C), (D), (E), or (F) of section 4796.03 of the Revised Code to receive the license or
government certification, the licensing authority shall do the following:
1.  Apply the less restrictive requirement to an applicant who satisfied the national standard;
  2.  Apply the requirements of section 4796.03, 4796.04, or 4796.05 of the Revised Code
to an applicant who did not satisfy the national standard.

4796.23 A licensing authority may prohibit an individual who is issued a license or government certification under this chapter from using the license or government certification to obtain a substantially similar license or government certification in another state if the licensing authority determines that allowing the individual to do so would jeopardize any reciprocal licensing agreement with the other state that is in effect on the effective date of this section.

4796.24 An individual who holds a license issued pursuant to an interstate licensure compact to which Ohio is a party is not required to obtain a license under this chapter to practice in this state. A licensing authority may prohibit an individual who is issued a license under this chapter from using the license to obtain a license through an interstate licensure compact if the licensing authority determines that allowing the individual to do so would jeopardize the state's membership in the compact.

4796.25 This chapter does not apply to any of the following:
A.  Licenses issued under Chapter 3796. of the Revised Code;
B.  Licenses issued pursuant to rules prescribed under Section 5 of Article IV, Ohio Constitution;
C.  Commercial fishing licenses issued under section 1533.342 of the Revised Code;
D.  Licenses issued under Chapter 4506. of the Revised Code;
E.  Physician certificates to recommend treatment with medical marijuana issued under section 4731.30
of the Revised Code;
F.  Money transmitter licenses issued under section 1315.04 of the Revised Code;
G.  Lottery sales agent licenses issued under section 3770.05 of the Revised Code;
H. Licenses issued under Chapter 3905. of the Revised Code;
I.   Fantasy contest operator licenses issued under section 3774.02 of the Revised Code;
J.  Teledentistry permits issued under section 4715.43 of the Revised Code;
K. Physician training certificates issued under section 4731.291 of the Revised Code;
L.  Podiatrist training certificates issued under section 4731.573 of the Revised Code;
M. Licenses issued under Chapter 4740. of the Revised Code;
N. Licenses issued by a political subdivision to an individual by which the individual has or claims the
privilege to act as a tradesperson as defined in section 4740.01 of the Revised Code in the
political subdivision's jurisdiction.

4796.26 Notwithstanding any requirement in the Revised Code that a licensing authority grant a license or government certification in accordance with this chapter, the licensing authority shall not grant the license or government certification under this chapter unless both of the following apply:
A. The applicant is applying for the license or government certification in the applicant's capacity as an
individual;
B. One of the following applies:
1. If the applicant seeks licensure or certification under section 4796.03 or 4796.04 of the Revised
Code, the applicant held the applicable out-of-state occupational license, government certification, or
private certification in the applicant's capacity as an individual;
2. If the applicant seeks licensure or certification under section 4796.05 of the Revised Code, the
applicant personally engaged in the profession, occupation, or occupational activity in a state that
does not issue the occupational license or government certification for which the applicant is applying
in this state.

4796.30 Each licensing authority shall adopt rules as necessary to implement this chapter, including rules regarding issuing restricted or limited licenses or government certifications under section 4796.10 of the Revised Code.

4796.35 A political subdivision shall not prohibit an individual who holds a license or government certification issued by a state agency under this chapter from engaging in the respective profession, occupation, or occupational activity in the political subdivision's jurisdiction.