Ohio Administrative Code|Rule 4757-1-07 | Discipline actions that may include fines.

                                                
The professional standards committees established
		under section 4757.04 of the Revised Code may utilize fines at the discretion
		of each committee. Per division (E) of section 4757.10 of the Revised Code the
		following fines are enumerated.
(A) Practicing without a valid license,
		  which includes practice prior to license and continuing to practice with an
		  expired license.
(1) Worked as a licensee
			 for sixty days or less without a valid license standard consent agreement
			 terms:
(a) Written reprimand;
(b) Standard fine two hundred dollars for independent
				practitioner licensee and one hundred dollars for all others; and
(c) Fine to be paid within sixty days of the effective date of
				the agreement.
(2) Worked for sixty-one
			 to one hundred twenty days without a valid license standard consent agreement
			 terms:
(a) Suspension of fourteen days, plus an additional day for each
				day he/she engaged in unlicensed practice;
(b) Standard fine of two hundred dollars for independent
				practitioner licensee and one hundred dollars for other licensees plus one
				hundred dollars per week after the first three weeks. Fine amount up to five
				hundred dollars; and
(c) Fine to be paid within sixty days of the effective date of
				the agreement.
(3) Worked for more than
			 one hundred twenty days without a valid license standard consent agreement
			 terms:
(a) Suspension of four months, plus an additional month for each
				month or part thereof he/she engaged in unlicensed practice;
(b) Standard fine of five hundred dollars for all licensees;
				and
(c) Fine to be paid within sixty days of the effective date of
				the agreement.
(B) Fines may be levied in other
		  discipline cases where the professional standards committee believes the fine
		  will be more productive in correcting the issue than other discipline actions.
		  Fine amounts up to five hundred dollars per violation may be made using the
		  aggravating and mitigating factors in paragraph (F) of this rule in determining
		  the proposed fine amount.
(C) Failure to complete the continuing
		  education required for renewal, which is typically discovered during a
		  continuing education audit, which includes failure to provide documentation of
		  thirty hours of continuing education that meet the requirements of rule
		  4757-7-01 of the Administrative Code. These terms will be implemented after a
		  licensee has failed a previous audit and paid a fee under rule 4757-1-05 of the
		  Administrative Code for failure to complete thirty continuing education hours
		  prior to renewal. The standard consent agreement terms are:
(1) Written
			 reprimand;
(2) A five hundred dollar
			 fine to be paid within thirty days of the effective date of the
			 agreement;
(3) Complete the number
			 of continuing education hours he/she was deficient within thirty days of the
			 consent agreement effective date and submit proof of completion on or before
			 that date. These hours shall not be counted toward his/her next
			 renewal.
(4) Agrees to audit for
			 continuing education the next time he/she renews his/her license.
(D) Applying for or renewing a license by means of
		  fraud/deceit. Includes failure to report discipline by another jurisdiction,
		  conviction, etc. May include:
(1) Written
			 reprimand;
(2) Fine up to five
			 hundred dollars with a standard fine of two hundred fifty dollars;
(3) Fine to be paid
			 within sixty days of the effective date of the agreement; and
(4) Attend four hours of
			 ethics training. Course(s) must be at least a two semester hour or three
			 quarter hour college level or thirty hour continuing education course, no
			 on-line courses. Verification of completion shall be submitted to the
			 investigation division within thirty days of attendance. These hours will not
			 count toward the continuing education requirement for license
			 renewal.
(E) Failure to respond to the continuing education audit
		  may include:
(1) Fine up to five
			 hundred dollars with a standard fine of two hundred fifty dollars;
(2) Fine to be paid
			 within sixty days of the effective date of the agreement;
(3) Submit proof of
			 thirty hours of continuing education for the audit renewal period within thirty
			 days of the ratification of the agreement; and
(4) Agrees to audit for
			 continuing education the next time he/she renews his/her license.
(F) Aggravating and mitigating factors to consider in
		  levying fines. After a violation has been established, the professional
		  standards committee may consider aggravating and mitigating
		  factors/circumstances in determining the penalty to be imposed. If the
		  professional standards committee deems such circumstances to be sufficient to
		  justify a departure from the disciplinary guidelines, the reasons shall be
		  specified by the professional standards committee.
(1) Aggravating
			 factors/circumstances are any considerations or factors, which might justify an
			 increase in the degree of discipline to be imposed. Aggravating factors may
			 include, but are not limited to:
(a) Prior disciplinary actions;
(b) A pattern of misconduct;
(c) Multiple violations;
(d) Submission of false statements, false evidence or other
				deceptive practices during the disciplinary process;
(e) Refusal to acknowledge wrongful nature of
				conduct;
(f) Adverse impact of misconduct on others;
(g) Vulnerability of the victim; and
(h) Willful or reckless misconduct.
(2) Mitigating
			 factors/circumstances are any considerations, which might justify a reduction
			 in the degree of discipline to be imposed. Mitigating factors may include, but
			 are not limited to:
(a) Absence of a prior disciplinary record;
(b) Isolated incident, unlikely to recur;
(c) Full and free disclosure to the board;
(d) Interim rehabilitation or remedial measures;
(e) Absence of adverse impact of misconduct on
				others;
(f) Remorse; and/or
(g) Absence of willful or reckless misconduct.


Last updated November 29, 2021 at 4:34 PM