(A) The professional standards committees of the counselor, social worker, and marriage and family therapist board, in accordance with Chapter 119. of the Revised Code, may refuse to issue a license or certificate of registration applied for under this chapter; refuse to renew a license or certificate of registration issued under this chapter; suspend, revoke, or otherwise restrict a license or certificate of registration issued under this chapter; or reprimand a person holding a license or certificate of registration issued under this chapter. Such actions may be taken by the appropriate committee if the applicant for a license or certificate of registration or the person holding a license or certificate of registration has:
(1) Committed a violation of any provision of this chapter or rules adopted under it;
(2) Knowingly made a false statement on an application for licensure or registration, or for renewal of a license or certificate of registration;
(3) Accepted a commission or rebate for referring persons to any professionals licensed, certified, or registered by any court or board, commission, department, division, or other agency of the state, including, but not limited to, individuals practicing counseling, social work, or marriage and family therapy or practicing in fields related to counseling, social work, or marriage and family therapy;
(4) Failed to comply with section 4757.12 of the Revised Code;
(5) Been convicted in this or any other state of any crime that is a felony in this state;
(6) Had the ability to perform properly as a professional clinical counselor, professional counselor, independent marriage and family therapist, marriage and family therapist, social work assistant, social worker, or independent social worker impaired due to the use of alcohol or other drugs or any other physical or mental condition;
(7) Been convicted in this state or in any other state of a misdemeanor committed in the course of practice as a professional clinical counselor, professional counselor, independent marriage and family therapist, marriage and family therapist, social work assistant, social worker, or independent social worker;
(8) Practiced outside the scope of practice applicable to that person;
(9) Practiced without complying with the supervision requirements specified under sections 4757.21 and 4757.26, and division (F) of section 4757.30, of the Revised Code;
(10) Violated the person's code of ethical practice adopted by rule of the board pursuant to section 4757.11 of the Revised Code;
(11) Had a license or certificate of registration revoked or suspended, or voluntarily surrendered a license or certificate of registration in another state or jurisdiction for an offense that would be a violation of this chapter.
(B) One year or more after the date of suspension or revocation of a license or certificate of registration under this section, application may be made to the appropriate professional standards committee for reinstatement. The committee may accept or refuse an application for reinstatement. If a license has been suspended or revoked, the committee may require an examination for reinstatement.
HISTORY: RC § 4757.13, 140 v H 205 (Eff 10-10-84); 142 v S 155 (Eff 6-24-88); RC § 4757.36, 146 v S 223 (Eff 3-18-97); 149 v H 374. Eff 4-7-2003.
Cross-References to Related Sections
Balance billing of medicare beneficiaries, RC § 4769.02.
Drug offense convictions to be reported to professional licensing authorities, RC § 2925.38.
Report of abuse or neglect of resident or misappropriation of property at long-term care facility by health care professional, RC § 3721.22.
Ohio Adminstrative Code
Code of ethics. OAC ch. 4757-5.
Denial, suspension, or revocation of license. OAC ch. 4757-11.
Impaired practitioner rules. OAC 4757-11-02.
Comparative Legislation
Grounds for revocation, etc.:
CA - Bus & Prof Code § 4992.3
FL - Stat Ann § 491.009
IL - Comp Stat Ann ch 225 § 20/19
IN - Code § 25-23.6-7-7
KY - Rev Stat Ann § 335.150
MI - Comp Laws Ann § 339.1609
NY - Educ Law §§ 6509, 6509-a
PA - CSA tit 63 § 1911
Research Aids
Disciplinary actions by board:
O-Jur3d: Phys & S §§ 62, 144, 155
Am-Jur2d: Phys & S § 121 et seq
CASE NOTES AND OAG
Failure to possess the moral character required by R.C. § 4757.23(B)(1) is a violation of R.C. § 4757.36(A)(1). Schmitt v. Counselor & Soc. Worker Bd., - Ohio App. 3d - , - N.E.2d - 2003 Ohio App. LEXIS 3203 (June 30, 2003).