Ohio Adm.Code 4734 | Ohio Administrative Code 4734 — State Chiropractic Board

Chapter 4734-1 General Provisions

Ohio Adm.Code 4734-1-01 Rulemaking and review of existing rules.

(A) The board shall comply with the provisions of section 119.03 of the Revised Code for the adoption, amendment or rescission of any rule.

(B) The board shall comply with the provisions of section 106.03 of the Revised Code for the review of existing rules.

(C) In accordance with section 119.0311 of the Revised Code, the board shall publish a guide to public participation in rule-making and review of existing rules. The guide shall be published in the register of Ohio and on the board's website, and a copy provided to any person upon request.

Last updated October 30, 2023 at 4:01 PM

History

Effective: October 1, 2017
Promulgated Under: 119.03

Ohio Adm.Code 4734-1-02 Public notice of meetings.

(A) The board shall comply with the public meeting requirements outlined in section 121.22 of the Revised Code.

(B) Notification of regular, special and emergency meetings of the board shall be posted on the board's website and shall specify the date, time, and place of the meeting. Notification of special meetings shall also include the purpose of the meeting and shall not be held unless at least twenty-four hours advance notice has been given to all media outlets that have requested such notification.

(C) The board may hold an emergency meeting when a situation requires immediate official action. The board shall immediately notify all media outlets that have specifically requested such notice of the time, place and purpose for the meeting.

(D) Any person may determine the time and place of all regularly scheduled meetings and the time, place and purpose of all special meetings by writing or calling the board at its business office or by visiting the board's website. Any person may request advance notification of all meetings at which any specific type of public business is to be discussed. Notification shall be made via electronic or regular mail.

Last updated October 30, 2023 at 4:01 PM

History

Effective: October 1, 2017
Promulgated Under: 119.03

Ohio Adm.Code 4734-1-09 Organizational memberships.

(A) Memberships. The board shall hold membership in the "Federation of Chiropractic Licensing Boards," (hereinafter the "FCLB") in accordance with section 4734.08 of the Revised Code. The board may participate in the governance of the "National Board of Chiropractic Examiners," (hereinafter "NBCE"). The board may join or participate in other groups, associations, or organizations which are consistent with its mission.

(B) Participation. The board may participate in activities and programs of the "FCLB", "NBCE" and other groups, associations, or organizations. The board's participation may include its members, selected staff members and other board representatives. The board's participation in affiliated organizations shall be subject to budgetary and logistical constraints.

(C) Delegates. The board members shall designate one member to serve as a delegate and one member to serve as an alternate delegate for purposes of voting on behalf of the board at meetings of the "FCLB" and/or the "NBCE." Said designation shall be made by a majority decision of the board. Board members shall disclose any conflicts of interest prior to voting.

(D) Voting. Board members that vote as a delegate to the "FCLB" and/or the "NBCE" shall vote accordingly: Issues that are slated to be voted upon at said meeting shall be placed on the board's agenda prior to the respective meeting for a majority decision. The board decision shall be deemed unalterable by a voting delegate, but would remain modifiable to the attending majority.

Last updated October 30, 2023 at 4:01 PM

History

Effective: October 1, 2017
Promulgated Under: 119.03

Ohio Adm.Code 4734-1-15 Scope of practice.

(A) In the conduct of the practice of chiropractic no chiropractic physician shall perform any service that is beyond the scope of his or her education, training, and experience.

(B) The practice of chiropractic will include and permit the use of such diagnostic and treatment procedures as are taught by board approved chiropractic colleges except as prohibited by law and/or the rules of this board.

Last updated February 26, 2026 at 9:02 AM

History

Effective: October 4, 2015
Promulgated Under: 119.03

Chapter 4734-3 Records

Ohio Adm.Code 4734-3-01 Confidential personal information.

(A) Definitions.

(1) "Confidential personal information" means personal information that is not public record for purposes of section 149.43 of the Revised Code.

(2) "Information owner" means the individual directly responsible for the system. The board's information owner is the executive director.

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

(4) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

(5) "System" has the same meaning as defined in section 1347.01 of the Revised Code.

(B) Personal information systems of the board are managed on a need-to-know basis. The executive director determines the level of access required for an employee to fulfill their assigned job duties.

(C) Appointment of a data privacy point of contact. The executive director must designate an employee to serve as the data privacy point of contact to work with the chief privacy officer within the office of information technology to ensure that confidential personal information is properly protected and that the board complies with Chapter 1347. of the Revised Code and rules adopted thereunder. The board's data privacy point of contact shall timely complete the privacy impact assessment form developed by the office of information technology.

(D) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure and log specific access by each employee. Any upgrades to an existing computer system, or the acquisition of a new computer system that stores, manages or contains confidential personal information, must include a mechanism for recording specific access by employees to confidential personal information in the system.

(E) Valid reasons for authorized employees to access confidential personal information:

(1) Responding to a public records request;

(2) Responding to a request from an individual for a list of confidential personal information maintained on that individual;

(3) Administering a constitutional provision or duty;

(4) Administering a statutory provision or duty;

(5) Administering an administrative rule provision or duty;

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

(7) Processing or payment of vendors billings;

(8) Auditing purposes;

(9) Licensureor registration processes;

(10) Investigation or law enforcement purposes .

(11) Administrative hearings;

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

(13) Human resource matters;

(14) Complying with an executive order or policy;

(15) Complying with an agency policy or a state administrative policy;

(16) Complying with a collective bargaining agreement provision;

(17) Supervising the work of another employee.

(F) Applicable federal or state statutes or administrative rules that make confidential personal information confidential:

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

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

(3) Personal health information: 45 C.F.R. 164.502 from the federal Health Insurance Portability and Accountability Act of 1996 .

(4) Financial and/or medical account numbers: sections 149.43 and 149.45 of the Revised Code.

(5) Investigatory records: sections 149.43 and 4734.45 of the Revised Code.

(6) Educational transcripts: Family Education Rights and Privacy Act, 34 CFR Part 99.

(7) Records excluded by the Ohio Public Records Act: section 149.43 of the Revised Code.

(G) Rights of persons who are subject to personal information. Upon receipt of a signed written request from an individual for a list of confidential personal information about the individual, unless the confidential personal information relates to an investigation about the individual in accordance with sections 149.42 and 4734.45 of the Revised Code, the board must:

(1) Permit the person, the person's legal guardian, or an attorney who presents a signed written authorization made by the person, to inspect all personal information in the system of which the person is the subject;

(2) Inform the person about the types of uses made of the personal information, including the identity of any users usually granted access to the system.

(3) If an individual who is authorized to inspect personal information that is maintained in the system requests a copy of any personal information that the individual is authorized to inspect, the board must provide a copy to the individual.

(H) 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 board shall notify each person whose information was invalidly accessed in the most expedient time possible, but not later than forty-five days following its discovery or notification of the invalid access, subject to legitimate needs of law enforcement and consistent with measures necessary to determine the scope of the invalid access, including which licensees' personal information was accessed and acquired, and to restore the reasonable integrity of the system.

Last updated June 17, 2026 at 7:37 PM

History

Effective: June 15, 2026
Promulgated Under: 119.03

Chapter 4734-4 Hearings

Ohio Adm.Code 4734-4-02 Representatives; appearances; communications; applicability.

(A) As used in Chapter 4734-4 of the Administrative Code, respondent shall be defined as the person who is requesting or has requested a hearing as provided in Chapter 119. of the Revised Code.

(B) Any provision of the rules in this chapter which references a hearing officer shall apply to the board in those instances in which the administrative hearing is conducted before the board, or to an attorney hearing examiner hired by the board or presiding board member, unless such rule by its nature is clearly inapplicable.

(C) All filings in any cases before the board shall be directed to the attention of the executive director and filed at the board office.

(D) A respondent may represent him or herself or may be represented by an attorney admitted to the practice of law in Ohio. If the respondent does represent him or herself, he or she shall be deemed the representative of record for purposes of Chapter 4734-4 of the Administrative Code.

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

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

(G) The representative of record for the respondent shall file a notice of appearance of counsel in writing with the board and shall serve such notice upon the representative of record from the office of the attorney general.

(H) The representative of record from the office of the attorney general shall, within fourteen days of the hearing inform the respondent or if applicable, the respondent's representative of record, in writing, that the attorney general's representative will serve as counsel of record for the case.

(I) Any representative of record who has entered an appearance before the board remains the representative of record unless and until a written withdrawal is filed with the board.

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

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

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

(M) The hearing officer and members of the board shall disclose on the record the source and substance of any ex parte or attempted ex parte communications. That disclosure shall be made at the earliest possible opportunity, but at least prior to deliberation on a pending or impending adjudicatory proceeding.

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

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

Last updated October 30, 2023 at 4:01 PM

History

Effective: August 12, 2002
Promulgated Under: 119.03

Ohio Adm.Code 4734-4-03 Continuances.

(A) The board may initially continue a hearing upon its own motion for a period of not less than thirty days, in order to more efficiently and effectively conduct its business, unless the circumstances establish that a continuance would not serve the interest of justice. The hearing officer or presiding board member may continue a hearing upon the motion of a representative of record. Hearings shall not be continued upon motion unless a showing of reasonable cause and proper diligence is presented. Before granting any continuance, consideration shall be given to harm to the public which may result from delay in proceedings.

(B) No continuance of an adjudicatory hearing under section 4734.37 of the Revised Code shall be granted without the written agreement of the respondent or his representative and the board.

(C) If a continuance is granted, the hearing officer or presiding board member shall immediately establish a new hearing date, unless circumstances prohibit.

(D) Hearings may be continued due to the unavailability of a subpoenaed witness, at the discretion of the hearing officer or presiding board member. The hearing officer or presiding board member may hold the record open to accept a deposition in lieu of live testimony of a subpoenaed witness. The procedures set forth in this chapter shall apply to any deposition taken pursuant to this rule.

(E) No adjudication hearing shall be continued for more than ninety days for the purpose of exchanging witness or document lists to the extent provided by this chapter unless the presiding board member or hearing officer finds in writing that such exchange was diligently pursued but was not completed due to the unusual circumstances of the case.

Last updated October 30, 2023 at 4:01 PM

History

Effective: August 12, 2002
Promulgated Under: 119.03

Ohio Adm.Code 4734-4-04 Out-of-state attorneys.

(A) Only those out-of-state attorneys who have been granted authority by a court of competent jurisdiction may represent respondents in administrative hearings before the board.

Last updated October 30, 2023 at 4:01 PM

History

Effective: August 12, 2002
Promulgated Under: 119.03

Ohio Adm.Code 4734-4-05 Authority and duties of hearing officers.

(A) Adjudication hearings may be conducted before a hearing officer pursuant to Chapters 4734. and 119. of the Revised Code. The board shall set the qualifications for hearing officers and shall appoint its hearing officers to serve during each fiscal year. The board or the executive director shall determine which hearing officer is assigned a particular case.

(B) All hearings shall be open to the public, but the hearing officer or presiding board member conducting a hearing may close the hearing to the extent necessary to protect compelling interests and rights or to comply with statutory requirements. In the event the hearing officer or presiding board member determines to close the hearing, the hearing officer or presiding board member shall state these reasons on the record prior to closing the hearing.

(C) The hearing officer or presiding board member shall conduct hearings in such a manner as to prevent unnecessary delay, maintain order, and ensure the development of a clear and adequate record.

(D) The authority of the hearing officer or presiding board member shall include, but not be limited to:

(1) Administer oaths and affirmations;

(2) Order issuance of subpoenas and subpoenas duces tecum to require the attendance of witnesses at hearings and depositions in lieu of live testimony at hearing and to require the production of evidence for hearings and depositions;

(3) Examine witnesses and direct witnesses to testify;

(4) Ruling on the admissibility of evidence;

(5) Ruling on procedural motions, whether such motions are oral or written;

(6) Hold prehearing and status conferences and mediate settlement discussions;

(7) Requesting briefs before, during or following the hearing, as well as suggested findings, orders, and conclusions of law within such time limits as the hearing officer may determine;

(8) Preparing entries, findings, orders, or reports and recommendations;

(9) Requesting preparation of entries, findings, or orders;

(10) Ruling on requests to broadcast, record, televise or photograph the hearing;

(11) Determining the order in which any hearing shall proceed.

(12) Taking such other actions as may be necessary to accomplish the purposes of paragraph (C) of this rule and to carry out Chapters 119. and 4734. of the Revised Code.

(E) The authority of the hearing officer or presiding board member shall not include:

(1) Granting motions for dismissal of charges;

(2) Modifying, compromising, or settling charges or allegations.

(F) The hearing officer or presiding board member shall have such other powers, duties, and authority as are granted by statutes or rules.

(G) All rulings on evidence and motions and on any other procedural matters shall be subject to review by the board upon presentation of the proposed findings of facts and conclusions of law of the hearing officer or presiding board member. When such rulings warrant, the matter may be remanded to the hearing officer or presiding board member.

Last updated October 30, 2023 at 4:01 PM

History

Effective: August 12, 2002
Promulgated Under: 119.03

Ohio Adm.Code 4734-4-06 Broadcasting and photographing administrative hearings.

If the hearing officer or presiding board member determines that broadcasting, televising, recording or taking of photographs in the hearing room would not distract participants or impair the dignity of the proceedings or otherwise materially interfere with the achievement of a fair administrative hearing, the broadcasting, televising, recording or taking of photographs during hearing proceedings open to the public may be permitted under the following conditions and upon request:

(A) Requests for permission for the broadcasting, televising, recording or taking of photographs in the hearing room shall be made in writing to the hearing officer or presiding board member prior to the commencement of the hearing, and shall be made a part of the record of the proceedings;

(B) Permission is expressly granted prior to commencement of the hearing in writing by the hearing officer or presiding board member and is made a part of the record of the proceedings;

(C) If the permission is granted, the hearing officer or presiding board member shall specify the place or places in the hearing room where operators and equipment are to be positioned;

(D) The filming, videotaping, recording or taking of photographs of witnesses who object thereto shall not be permitted.

Last updated October 30, 2023 at 4:01 PM

History

Effective: August 12, 2002
Promulgated Under: 119.03

Ohio Adm.Code 4734-4-07 Depositions in lieu of testimony at hearing and transcripts of prior testimony for submission at hearing.

(A) Upon written motion of any representative of record or the hearing officer's or presiding board member's own motion, and upon service of that motion to all other representatives, the hearing officer or presiding board member may order that the testimony of a witness be taken by deposition in lieu of live testimony under such conditions and terms as the hearing officer or presiding board member shall set, and that any designated books, papers, documents or tangible objects, not privileged, be produced at the same time and place if it appears probable that:

(1) The witness will be unavailable to attend or will be prevented from attending a hearing; and

(2) The testimony of the witness is material; and

(3) The testimony of the witness is necessary in order to prevent a failure of justice.

In the case of an expert witness, a showing of the unavailability of the expert shall not be necessary for the hearing officer's or presiding board member's consideration of the motion of a representative to take a deposition in lieu of live testimony.

(B) The representatives shall agree to the time and place for taking the deposition in lieu of live testimony. Depositions shall be conducted in the same county in which the hearing is conducted unless otherwise agreed to by the representatives. If the representatives are unable to agree, the hearing officer or presiding board member shall set the time or fix the place of deposition. At a deposition taken pursuant to this rule, representatives shall have the right, as at hearing, to fully examine witnesses. The hearing officer or presiding board member has the discretion to be present at the deposition in lieu of testimony at hearing.

(C) Unless requested due to the sudden unavailability of a witness, a deposition taken under this rule shall be filed with the board not later than one day prior to hearing, and shall be offered into evidence at hearing by the representative requesting the deposition, in lieu of the witness' live testimony at hearing. The cost of preparing a transcript of any testimony taken by deposition in lieu of live testimony shall be borne by the board. In the event of appeal, such costs shall be made a part of the cost of the hearing record. The expense of any video deposition shall be borne by the requestor. Any motion for a post-hearing deposition arising from the sudden unavailability of a witness shall be ruled upon by the hearing officer or presiding board member.

(D) Any deposition or transcript of prior testimony of a witness may be used for the purpose of refreshing the recollection, contradicting the testimony or impeaching the credibility of that witness. If only a part of a deposition of prior testimony is offered into evidence by a representative, the opposing representative may offer any other part. Nothing in this paragraph shall be construed to permit the taking of depositions for purposes other than those set forth in paragraph (A) of this rule.

(E) A transcript of testimony and exhibits from a prior proceeding may be introduced for any purpose if that prior proceeding forms the basis for the allegations in the current case. Upon offering part of a transcript or exhibit from a prior proceeding, the offering representative may be required by the opposing representative to present any other part of the offered item which should in fairness be considered contemporaneously with it.

(F) The content of investigative depositions taken by the board as part of its investigatory process may be introduced into evidence at hearing upon the motion for counsel for the state, if the respondent was given notice and an opportunity to attend the deposition. If the respondent was not given an opportunity to attend the deposition, the hearing officer may admit the deposition if the interests of justice require that it be so introduced.

Last updated October 30, 2023 at 4:01 PM

History

Effective: August 12, 2002
Promulgated Under: 119.03

Ohio Adm.Code 4734-4-08 Witnesses; subpoenaes; witness fees.

(A) Witnesses.

(1) Testimony under oath: All witnesses at any administrative hearing or during any deposition in lieu of live testimony, shall testify under oath or affirmation.

(2) Legal counsel for witness: A witness may be accompanied and advised by legal counsel. Participation by counsel for a witness other than the respondent is limited to protection of that witness' rights, and the witness' legal counsel may neither examine nor cross-examine any witnesses.

(3) Refusal by witness to testify: Should a witness refuse to be sworn, refuse to answer a question ruled proper at a hearing or disobey a subpoena, the board may institute contempt proceedings pursuant to section 119.09 of the Revised Code.

(4) Hearing officer/board member incompetent as witness: The presiding hearing officer, because of his duties, shall not be a competent witness nor subject to deposition in any adjudication proceeding. Unless the testimony of a board member or a hearing officer is material to the factual allegations set forth in the notice of opportunity for hearing, board members and hearing officers shall not be competent witnesses nor subject to deposition in lieu of live testimony in any adjudication proceeding. Evidence from other persons relating to the mental processes of the presiding hearing officer or board members shall not be admissible.

(5) Recusal by hearing officer/board member: If the hearing officer/board member intends to serve as a witness, he/she shall recuse him or herself from presiding over, deliberating on, or ruling on the matter.

(6) Separation of witnesses: Any representative of record or the hearing officer or presiding board member may move for a separation of witnesses. Expert witnesses shall not be separated. In granting a separation order, the hearing officer or presiding board member shall permit the executive director of the board and any case investigator designated by the counsel for the state, to remain present at the hearing. Notwithstanding the respondent's intent to testify, he or she may also remain present. A board member may attend a hearing as a member of the audience. Each representative of record at a hearing shall inform the hearing officer or presiding board member of the identity of each potential witness for his case present in the hearing room. Failure to so identify potential witnesses may be grounds for their later disqualification as witnesses.

(7) Propriety of board action: No witnesses shall be permitted to testify as to the nature, extent, or propriety of disciplinary action to be taken by the board. A witness may, at the discretion of the hearing officer or presiding board member, testify as to an ultimate issue of fact.

(B) Subpoenaes.

(1) Procedure for issuance: Upon written request of either party in a precipe filed with the board, the board shall issue subpoenas for purposes of hearing to compel the attendance and testimony of witnesses and production of books, records and papers at the hearing. Each subpoena shall indicate on whose behalf the witness is required to testify. The precipe shall indicate the method of service of the subpoena, i.e. (personal, residence, certified mail, etc.) and who is to effect service (i.e. deputy sheriff, return to counsel for service, process server).

(2) Process servers: Any representative of record may move the hearing officer or presiding board member for the appointment of a special process server. The motion shall state the name of the proposed process server, the process server's occupation, business address, that the process server is at least 18 years of age and not employed by or a business associate of the respondent. The hearing officer or presiding board member may then appoint such applicant as a special process server for the board, authorized to serve subpoenas for that particular case. The board's executive director may appoint special process servers to serve any process or papers issued by the board on an ongoing basis. The executive director shall enter such appointment and the particulars on the journal of the board. The respondent is responsible for payment of any special process servers working on his or her behalf.

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

(4) Time to file request for subpoena: Except upon leave of the board or its hearing officer or presiding board member, subpoena requests are to be filed with the board as provided in this chapter, at least twenty-one days in advance of the requested date of compliance, in order to allow sufficient time for preparation and service of the subpoenas.

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

(6) After the hearing has commenced, the board or its hearing officer or presiding board member may order the issuance of subpoenas for purposes of hearing to compel the attendance and testimony of witnesses and production of books, records and papers. Copies of such subpoenas shall be issued to the representatives as identified by the parties.

(7) Quashing subpoenas: Upon motion and for good cause, the board or its hearing officer or presiding board member may order any subpoena be quashed. Motions to quash shall be made in the manner provided in this chapter, except that motions to quash shall be filed at least five days prior to the date of compliance. The non-moving party may file a response no later than four days after service of the motion to quash or at least one day prior to the date of compliance, whichever is earlier. Unless a motion to quash has been granted, a witness shall attend the hearing to which he or she was subpoenaed. The board shall make a reasonable attempt to contact any witness whose subpoena has been quashed.

(8) Witnesses may not be subpoenaed to prehearing conferences.

(1) Mileage and witness fees shall be paid in the same manner as that allowed pursuant to section 119.094 of the Revised Code.

(2) The respondent may not subpoena him or herself.

(3) Mileage and witness fees shall not be paid to anyone who fails to register at the hearing for which he or she was subpoenaed.

Last updated October 30, 2023 at 4:01 PM

History

Effective: December 1, 2012
Promulgated Under: 119.03

Ohio Adm.Code 4734-4-09 Evidence; judicial notice of board records; stipulations; certified copy of conviction deemed conclusive.

(A) The Ohio rules of evidence may be taken into consideration by the hearing officer or presiding board member in determining the admissibility of evidence, but shall not be controlling. The hearing officer or presiding board member may permit the use of electronic or photographic means for the presentation of evidence.

(B) The hearing officer or presiding board member shall admit evidence of any prior action entered by the state chiropractic board against the respondent, including formal disciplinary action or warning letters. The board may take administrative (judicial) notice of its own records and reports, upon timely notice to the respondent.

(C) Representatives of record may, by stipulation, agree on any or all facts involved in proceedings before the hearing officer or presiding board member. The hearing officer or presiding board member may thereafter require development of any fact deemed necessary for just adjudication.

(D) A certified copy of a plea of guilty to, or a judicial finding of guilt of any crime in a court of competent jurisdiction is conclusive proof of the commission of all of the elements of that crime.

Last updated October 30, 2023 at 4:01 PM

History

Effective: August 12, 2002
Promulgated Under: 119.03

Ohio Adm.Code 4734-4-10 Limited discovery procedures.

(A) Any representative of record may serve upon the opposing representative of record a written request for a list of both the witnesses and the documents intended to be introduced at hearing. Within twelve days of service of that request, the opposing representative shall provide a response to the requesting representative. All final lists requested under this rule shall be exchanged no later than fourteen days prior to the commencement of the administrative hearing, unless leave from the hearing officer or presiding board member has been obtained.

(B) Failure without good cause to comply with paragraph (A) of this rule may result in exclusion from the hearing of such testimony or documents, upon motion of the representative to whom disclosure is refused.

(C) The hearing officer or presiding board member shall, upon written motion of any representative of a party, issue an order setting forth a schedule by which the parties shall simultaneously exchange hearing exhibits, identify lay and expert witnesses and exchange written reports from expert witnesses. Any written report by an expert required to be exchanged under the hearing officer's or presiding board member's order shall set forth the opinions to which the expert will testify and the bases for such opinions. The failure of a party to produce a written report from an expert under the hearing officer's or presiding board member's order may result in the exclusion of that expert's testimony at hearing. The failure of a party to produce an exhibit under the terms of the hearing officer's or presiding board member's order may result in the exclusion of that exhibit from evidence. The failure of a party to identify a lay or expert witness under the terms of the hearing officer's or presiding board member's order may result in the exclusion of that witness' testimony at hearing.

(D) The hearing officer or presiding board member may order any additional pre-hearing discovery that, in the hearing officer's or presiding board member's judgment, will assist the board in developing a full and fair record.

Last updated October 30, 2023 at 4:01 PM

History

Effective: August 12, 2002
Promulgated Under: 119.03

Ohio Adm.Code 4734-4-11 Motions.

(A) Except as otherwise provided in this chapter or Chapter 119. of the Revised Code, all motions, unless made upon the record at the hearing, shall be made in writing. A written motion shall state with particularity the relief or order sought, shall be accompanied by a memorandum setting forth the grounds therefore, and shall be filed in compliance with this chapter. A proposed entry may accompany any motion. All motions except for motions for continuance and those motions filed subsequent to the close of the hearing shall be filed with the board no later than fourteen days before the date of hearing, unless express exception is granted by the hearing officer, presiding board member, or by this chapter. All motions and briefs shall contain the name, address, telephone number, and if available the facsimile number and electronic mail address of the person submitting the motion or brief and shall be appropriately captioned to indicate the name of the respondent and the board's case number.

(B) All motions, together with supporting documentation, if any, shall be served as follows:

(1) Any motion to be served on a representative of record may be served personally, by fax, by electronic mail, by United States mail, or other delivery service. Service shall be made upon the representative as identified in this chapter. Service is complete on the date of transmittal, date of mailing, or on personal service of the document.

(2) A motion shall be considered by the hearing officer or presiding board member only if a certificate of service appears on it. Any signed statement is an acceptable certificate of service so long as it contains all of the following information:

(a) Date of service;

(b) Method by which service was made;

(d) Name of the person or authority who was served; and

(e) The signature of the representative of record.

All motions and briefs shall contain the name, address, and telephone number of the person submitting the motion or brief and shall be appropriately captioned to indicate the name of the respondent.

(C) Within ten days after service of a written prehearing motion, or such other time as is fixed by the hearing officer or presiding board member, a response to that motion may be filed. A movant may reply to a response only with the permission of the hearing officer or presiding board member.

(D) Before ruling upon a written motion, the hearing officer or presiding board member shall consider all memoranda and supporting documents filed. The hearing officer or presiding board member may enter a written ruling and shall issue copies to the representatives of record. In the alternative, the hearing officer or presiding board member may issue a ruling on the motion on the record at the hearing. The ruling on all oral motions made at hearing shall be included in the record, except where the hearing officer or presiding board member elects to take the motion under advisement and the hearing officer or presiding board member may issue a written ruling at a later time. The hearing officer or presiding board member shall include in each written ruling on a motion a statement of the reasons therefore.

(E) Upon motion by any representative of record, the hearing officer or presiding board member may consolidate two or more hearings into a single hearing. If different hearing officers or presiding board members are assigned to the hearings, the board president shall rule on the motion and determine which hearing officer or presiding board member will preside.

(F) Petitions to intervene shall not be permitted. However, with leave of the hearing officer or presiding board member, an interested party may file a brief on a case within ten days of an administrative hearing for the hearing officer's, presiding board member's and board's consideration.

(G) Except as otherwise provided in this chapter or Chapter 119. of the Revised Code, rulings on all substantive motions filed subsequent to the issuance of the report and recommendation shall be rendered by the board, and rulings on all procedural motions may be rendered by the president acting on its behalf.

Last updated October 30, 2023 at 4:01 PM

History

Effective: August 12, 2002
Promulgated Under: 119.03

Ohio Adm.Code 4734-4-12 Pre-hearing conferences; status conferences.

(A) The hearing officer or presiding board member shall, upon request of either party, schedule a prehearing conference, or may do so on the hearing officer's or presiding board member's own initiative. Further, the hearing officer or presiding board member may direct participation by the representatives of record in such a prehearing conference

(B) Prehearing conferences may be held for the following purposes:

(1) Identification of issues;

(2) Obtaining stipulations and admissions;

(3) Agreements limiting the number of witnesses;

(4) Discussion of documents, exhibits, and witness lists;

(5) Estimating the time necessary for hearing;

(6) Discussion of any other matters tending to expedite the proceedings.

(C) All representatives of record shall attend the prehearing conference fully prepared to discuss the items enumerated in paragraph (B) of this rule.

(D) Procedural orders may be issued by the hearing officer or presiding board member based upon information obtained at a prehearing conference.

(E) With or without written motion from the representative of any party, the hearing officer or presiding board member may convene a status conference with representatives of the parties to address any matter related to preparation for hearing or the conduct of a hearing. The hearing officer or presiding board member may issue such orders related to preparation for hearing and the conduct of the hearing which in the judgment of the hearing officer or presiding board member facilitates the just and efficient disposition of the subject of the hearing.

(F) Pre-hearing conferences and status conferences may be held via whatever medium is permitted by the hearing officer or presiding board member, i.e. in-person, via telephone, via videoconference, or otherwise.

Last updated October 30, 2023 at 4:01 PM

History

Effective: August 12, 2002
Promulgated Under: 119.03

Ohio Adm.Code 4734-4-13 Post hearing procedures; reports and recommendations; newly discovered evidence; addressing the board.

(A) Deadline for report: Within forty-five days following the close of an adjudication hearing conducted pursuant to Chapter 119. of the Revised Code, the hearing officer shall file with the board a written report setting forth the hearing examiner's findings of fact, conclusions of law and a recommendation of the action to be taken by the board, in the form of a proposed order. Any requests by the hearing officer to extend the time to file the report must be submitted to the board office and approved by the board president. The hearing shall not be considered closed until such time as the record is complete, as determined by the hearing officer.

(B) Issuing the report to parties: A copy of such written report shall be transmitted to the representatives of record by the executive director of the board. The copy issued to the respondent's representative of record shall be accompanied by notice of the date the report and recommendation is to be considered by the board.

(C) Objections to report: The respondent's representative of record may, within ten days of his or her receipt of the hearing officer's report and recommendation, file written objections to the report and recommendation. Only those objections filed in a timely manner shall be considered by the board before approving, modifying, or disapproving the hearing officer's recommendation.

(D) Extensions of time for objections: Upon written request, the board may grant extensions of the time within which to file objections. In the event that the board is not in session, the board president may grant such extensions.

(E) Board consideration of report: The board shall consider the hearing officer's report and recommendation and any objections thereto at its next regularly scheduled meeting, after the time for filing objections has passed. At that time, the board may order additional testimony to be taken or permit the introduction of further documentary evidence, or it may act upon the report and recommendation. For purposes of taking such additional testimony or documentary evidence, the board may remand the case back to the hearing officer.

(F) Newly discovered evidence: Any motion to reopen the hearing record for purposes of introducing newly discovered material evidence which, with reasonable diligence could not have been discovered and produced at the hearing shall be made in the manner provided in this chapter. Such motion to reopen shall be filed not later than ten days prior to the scheduled consideration by the board of the hearing officer's report and recommendation and any objections thereto. If such motion is filed prior to the issuance of the hearing officer's report and recommendation, the hearing officer shall rule on the motion. If such motion is filed subsequent to the issuance of the hearing officer's report and recommendation, the board shall rule upon the motion.

(G) Addressing the board: Without leave of the board, the respondent or any representative of record shall not be permitted to address the board at the time of consideration of the hearing officer's report and recommendation. Any request for such leave shall be filed by motion no less than five days prior to the date the report and recommendation is to be considered by the board and shall be served upon the other representative of record. If a request to address the board is granted, the opposing representative may also address the board.

Last updated October 30, 2023 at 4:01 PM

History

Effective: August 12, 2002
Promulgated Under: 119.03

Ohio Adm.Code 4734-4-14 Requesting adjudication hearing; timing of hearing; notification of hearing; requirements for filing; calculation of time; transcripts.

(A) Requesting adjudication hearing: In order to request a hearing under Chapter 119. of the Revised Code, a respondent or his or her representative must, in accordance with paragraph (C) of this rule, file in writing a statement requesting such adjudication hearing. Such request must be received in the board office within thirty days of the date of mailing of the board's notice of opportunity for hearing. The date of mailing shall be the date appearing on the certified mail receipt.

(B) Timing of adjudication hearing: A respondent or his or her representative properly filing a request for an adjudication hearing shall be entitled to such adjudication hearing within fifteen days but not sooner than seven days after such request has been filed unless both representatives agree otherwise or a continuance is granted pursuant to section 119.09 of the Revised Code and this chapter. Written notice specifying the date, time and place set for hearing shall be mailed by certified mail or served in accordance with section 4734.48 of the Revised Code, to the respondent's representatives as identified pursuant to this chapter.

(C) Requirements for filing: A document is filed when it is received and date stamped in the offices of the state chiropractic board during normal business hours. The burden of ensuring that the document(s) is properly filed is borne by the party filing the document(s).

(D) Calculation of time: The date of occurrence of the event causing time to run is not counted in the computation of any time limit under this chapter. The last day of the period is included in the computation of the time limit. If the last day of a period is not a regular business day, the time period runs through the end of the next regularly scheduled business day. The board or its hearing officer or presiding board member may extend the time for filing or responding to motions and briefs. Requests for extension of time shall be made in writing and filed as provided in this rule prior to the expiration of any applicable time limit. Requests for extension of time shall be served as provided in this chapter.

(E) Hearing transcripts: Duplicate transcripts of the stenographic record taken of hearings may be obtained directly from the court reporter at the requestor's expense before or after receipt of the original transcript by the board. Upon request made to the board, a copy of the original hearing transcripts may be reviewed at the board office. Copies may be prepared at the requestor's expense. Original transcripts shall not be removed from the board office.

Last updated October 30, 2023 at 4:01 PM

History

Effective: August 12, 2002
Promulgated Under: 119.03

Chapter 4734-5 Chiropractic Program Standards and Requirements

Ohio Adm.Code 4734-5-01 Board approved doctor of chiropractic degree programs.

(A) The objective of doctor of chiropractic degree programs approved by the state chiropractic board is to prepare the graduate doctor of chiropractic as a primary health care provider, as a portal of entry into the health delivery system, trained to examine, diagnose, and assume responsibility for the care of patients of all ages and genders and to care for the human body in both health and disease. The graduate doctor of chiropractic shall be qualified to consult with, refer to, and/or receive referrals from, other health care providers.

(B) The curriculum of doctor of chiropractic degree programs shall include, but not be limited to, the following subject matter: Foundations: principles, practices, philosophy and history of chiropractic. Basic sciences: anatomy; physiology; biochemistry; microbiology and pathology. Clinical sciences: physical, clinical and laboratory diagnosis; diagnostic imaging; spinal analysis; orthopedics; biomechanics; neurology; spinal adjustment/manipulation; extremities manipulation; rehabilitation and therapeutic modalities/procedures (active and passive care); toxicology/pharmacology; patient management; nutrition; organ systems; special populations; first aid and emergency procedures; wellness and public health; and clinical decision-making. Professional practice: ethics and integrity; jurisprudence; business and practice management and professional communications.

(C) The board adopts the "CCE Accreditation Standards; Principles, Processes & Requirements for Accreditation, January 2025" (hereinafter "Standards") issued by the council on chiropractic education (hereinafter "CCE" or "council").

(D) In considering whether to approve a doctor of chiropractic degree program, or to continue approval of a doctor of chiropractic degree program, the board shall utilize the "Standards" of the council in making its decision.

(E) Doctor of chiropractic degree programs with board approval prior to the effective date of this rule continue to have approval until approval is removed in accordance with this chapter. Board approval of programs and institutions runs concurrently with council accreditation.

Last updated December 29, 2025 at 7:46 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-5-02 Board relationship with the council on chiropractic education.

(A) The board may accept the council on chiropractic education's (hereinafter "CCE") designation of "accredited doctor of chiropractic program" and grant board approval of those programs for graduates to be eligible for Ohio licensure.

(B) The board may revoke approval from an accredited doctor of chiropractic program if the "CCE" removes accredidation for the program. Any such revocation must comply with the hearing requirements of Chapter 119. of the Revised Code.

Last updated December 29, 2025 at 7:46 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-5-03 Site visit, review, or inquiry.

(A) The council on chiropractic education (hereinafter "CCE") is recognized as the national accrediting body for doctor of chiropractic degree programs leading to the doctor of chiropractic degree. The actions of the "CCE" in regard to program accreditation and continued approval of programs guide the board in its determinations in regard to its approval and continued approval of any doctor of chiropractic degree program (hereinafter "program").

(B) The authority under section 4734.21 of the Revised Code authorizes the board to make on-site inspections, reviews and inquiries as it considers necessary when determining if a program should receive the board's approval or continue to be approved.

(C) The board may appoint a team to make an on-site visit, review, or inquiry of a program to determine if the program should receive the board's approval or continue to be approved.

(D) Once the board determines an on-site visit, review, or inquiry is necessary, a team will be appointed by the board and may consist of not more than three members, to include a chairperson appointed by the board. The team must consist of individuals with particular backgrounds and expertise to provide an on-site visit, review, or inquiry of a program.

(E) The cost of any site visit, review or inquiry must be paid by the program directly to the team members. Such expenses may include, but not be limited to, meals, lodging, travel and per diem expenses, and the time required for preparing a report and presenting the report to the board. Receipts of expenses incurred by the team must be submitted to the board for documentation and approval prior to submission to the program for reimbursement.

(F) Within forty-five days of completion of an on-site visit, review or inquiry, the team chairperson must provide a written report to the board. Within ten days of the board's receipt, a copy of the report must be provided to the chief administrative officer of the program. For applications for initial program approval, the report must include, but not be limited to, a detailed analysis of the program's eligibility factors contained in its application for approval and self-study documentation. For reports addressing continued approval of a program, the report must include, but not be limited to, a detailed analysis of the program's compliance with the "CCE's" current accreditation standards, principles, processes and requirements for accreditation.

(G) The board must review a team report and notify the program of its decision within one hundred twenty days of the filing of the report. This time period may be extended for good cause at the board's discretion.

Last updated December 29, 2025 at 7:46 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-5-04 Initial approval of doctor of chiropractic degree programs.

(A) For a doctor of chiropractic degree program to seek initial approval by the board for its graduates to apply for licensure, it must first apply to the board. The chief administrative officer of the program must send a letter of intent to the board and must include a copy of all self-study documentation required by the council on chiropractic education (hereinafter "CCE" or "Council") in its "CCE Accreditation Standards; Principles, Processes & Requirements for Accreditation, January 2025" (hereinafter "Standards"). This rule does not require a program to also apply to the "CCE" for accreditation, but if the program has done so, it should provide the same information to the board as it provided to the "CCE".

(B) The board may review the application and materials or appoint a committee to do so. If the program has applied to the "CCE" for accreditation, the board may hold the application as pending, until the "CCE" has fully reviewed and ruled on the application. If the applicant has not applied to the "CCE", the board or committee will then review the application and materials and follow the procedures outlined in the Standards. The board may then order a site visit, review or inquiry of the program, pursuant to section 4734.21 of the Revised Code and rule 4734-5-03 of the Administrative Code.

(C) Once the board has considered the information submitted by the program and/or report of any site visit, review or inquiry, it may approve or propose to deny the program. When it is the intention of the board to deny approval of a program that has requested board-approval, the program is entitled to a hearing on the question of such proposed denial.

Last updated December 29, 2025 at 7:46 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-5-06 Revocation of approval of a doctor of chiropractic degree program.

(A) The board may investigate allegations that a board-approved doctor of chiropractic degree program is not complying with the following:

(1) The "CCE Accreditation Standards; Principles, Processes & Requirements for Accreditation, January 2025" (hereinafter "Standards") promulgated by the council on chiropractic education (hereinafter "CCE" or "Council")

(2) If a "CCE" accredited program, maintaining that accreditation;

(3) If not a "CCE" accredited program, complying with the "Standards" as interpreted by the board;

(4) Chapter 4734. of the Revised Code and/or agency 4734 of the Administrative Code;

(5) All statutes and rules governing the operation of such a program in its state of domicile;

(B) During an investigation of a program pursuant to this rule, the program shall provide information and documentation requested by the board to complete its investigation. The board may order a site visit, review, or inquiry pursuant to section 4734.21 of the Revised Code and rule 4734-5-03 of the Administrative Code.

(C) The board may revoke approval of the program. Any such revocation must comply with the hearing requirements of Chapter 119. of the Revised Code.

Last updated December 29, 2025 at 7:46 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Chapter 4734-6 Licensing

Ohio Adm.Code 4734-6-01 Application for chiropractic licensure.

(A) Each applicant must submit the following:

(1) A completed application;

(2) Non-refundable two hundred fifty-dollar application fee;

(3) A passport type photograph taken within the preceding one hundred eighty days;

(4) Those applicants who graduated from a doctor of chiropractic degree program on or after June 30, 2010 must supply an educational transcript reflecting possession of a bachelor, masters, or doctorate degree;

(5) Educational transcript reflecting the applicant holds a doctor of chiropractic degree from a program approved by the board;

(6) National board of chiropractic examiners transcript;

(7) Verification of licensure from all jurisdictions in which a chiropractic license was ever issued, regardless of licensure status or date of issuance;

(8) Fingerprint criminal background check results completed no earlier than one hundred eighty days preceding application for licensure. Results are valid for one hundred eighty days after receipt.

(B) Except as provided in sections 4734.23, 4734.24 and 4734.27 of the Revised Code, applicants must meet the conditions outlined in section 4734.20 of the Revised Code to receive a chiropractic license.

(C) Each applicant must submit all required credentials, facts, and materials as the board requires. The applicant has an ongoing obligation to update and supplement all information provided to the board. All required transcripts must be sent directly from the issuing institution. Applications and fees are valid for one year from the date of initial application.

(D) If an applicant has not actively practiced chiropractic for two years or more immediately preceding the date of application, the board may require as a condition for licensure that the applicant complete training or testing which may include passing the "Special Purposes Examination for Chiropractic" offered by the national board of chiropratic examiners.

(E) Any refusal or denial of an application except where an applicant failed to pass all or portions of an examination of the national board of chiropractic examiners, must comply with the hearing requirements of Chapter 119. of the Revised Code.

Last updated December 29, 2025 at 7:47 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-6-02 Application for chiropractic licensure by another state.

(A) Each applicant must submit the following:

(1) A completed application on which the applicant must designate the specific state from which licensure is sought;

(2) Non-refundable five-hundred dollar application fee;

(3) A passport type photograph taken within the preceding one hundred eighty days;

(4) Educational transcript reflecting the applicant holds a doctor of chiropractic degree from a program approved by the board;

(5) National board of chiropractic examiners transcript;

(6) Verification of licensure from all jurisdictions in which a chiropractic license was ever issued, regardless of licensure status or date of issuance, to include evidence that the chiropractic license in the state from which licensure is sought is not restricted or limited by that licensing entity;

(7) Evidence that the applicant has held the out of state chiropractic license from which licensure is sought for at least one year preceding the date of application and has been actively engaged in the practice of chiropractic for at least one of the five years immediately preceding the date of application;

(8) Fingerprint criminal background check results completed no earlier than one hundred eighty days preceding application for licensure. Results are valid for one hundred eighty days after receipt.

(B) Each applicant must submit all required credentials, facts and materials as the board requires . The applicant has an ongoing obligation to update and supplement all information provided to the board. All required documentation and transcripts must be sent directly from each issuing institution. Applications and fees are valid one year from the initial application date.

(C) Each individual applying for licensure under this rule must comply with all applicable provisions of Chapter 4796. of the Revised Code.

(D) The board may issue a license to an individual in accordance with this rule and Chapter 4796. of the Revised Code provided the requirements for licensure from the state licensure is sought are substantially equivalent to the board's requirements for licensure, as determined by the board pursuant to section 4796.03 of the Revised Code.

(E) An individual issued a license pursuant to this rule and section 4796.03 of the Revised Code is subject to the laws and rules regulating the practice of chiropractic in this state and subject to the board's jurisdiction. The individual may only practice in this state within the scope of practice permitted under Ohio law and that does not exceed the applicant's training.

(F) Any refusal or denial of an application must comply with the hearing requirements of Chapter 119. of the Revised Code.

Last updated December 29, 2025 at 8:08 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-6-03 Application for chiropractic license by another country.

(A) An individual not licensed in any state may apply for licensure by another country.

(B) Each applicant shall submit the following:

(1) A completed application on which the applicant must designate the specific country from which licensure is sought;

(2) Non-refundable five-hundred-dollar application fee;

(3) Evidence that the applicant is at least twenty-one years of age;

(4) A passport type photograph taken within the preceding one hundred eighty days;

(5) Educational transcript of undergraduate education or the equivalent;

(6) Educational transcript reflecting the applicant holds the degree of doctor of chiropractic or its equivalent;

(7) International or national board of chiropractic examiners transcript, if applicable;

(8) Verification of licensure from all jurisdictions in which a chiropractic license was ever issued, regardless of status or date of issuance, including evidence that the chiropractic license in the country from which reciprocity is sought is not restricted or limited by that country;

(9) Fingerprint criminal background check results completed no earlier than one hundred eighty days preceding application for licensure. Results are valid for one hundred eighty days after receipt.

(C) Foreign educational transcripts and credentials must be converted by the World Education Services or its equivalent to authenticate academic equivalence in the United States.

(D) Each applicant must submit all required credentials, facts, and materials as the board requires. The applicant has an ongoing obligation to update and supplement all information provided to the board. All required documentation and transcripts must be sent directly from each issuing institution. Applications and fees are valid for one year from the date of initial application.

(E) The board may, for good cause, waive all or part of the educational and testing requirements specified under section 4734.20 of the Revised Code if the applicant presents satisfactory proof of being licensed to practice chiropractic in another country where the requirements for receipt of the license, on the date the license was issued, are considered by the board to be substantially equivalent to those of Chapter 4734. of the Revised Code. If the board does not waive all of the educational and testing requirements, the board may require that the applicant complete and receive a score specified by the board on one or more tests administered by the board or by the national board of chiropractic examiners or another testing entity.

(F) Any refusal or denial of an application must comply with the hearing requirements of Chapter 119. of the Revised Code.

Last updated December 29, 2025 at 8:08 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-6-04 Preceptorships.

(A) In accordance with section 4734.27 of the Revised Code, the board may approve the limited practice of chiropractic in this state by a student intern of a board approved doctor of chiropractic degree program that offers a preceptorship program.

(B) Definitions.

(1) Preceptorship program is a clinical program in which chiropractic interns participate under direct supervision of an Ohio licensed chiropractic physician. Only board approved doctor of chiropractic degree programs may conduct preceptorship programs in this state.

(2) Preceptor is an Ohio licensed chiropractic physician approved by the intern's doctor of chiropractic degree program and the board to provide direct supervision of the limited practice of chiropractic in this state by a student intern.

(3) Intern is an individual enrolled in a doctor of chiropractic degree program who has completed all requirements for the doctor of chiropractic degree except for the final clinical phase of the program and is approved by the board to practice chiropractic in Ohio in accordance with section 4734.27 of the Revised Code.

(4) Direct supervision of an intern means initial and ongoing direction, procedural guidance, observation, and evaluation by the approved preceptor who shall remain in the patient care area to supervise and monitor the intern's performance when the intern is performing any patient care. The preceptor must be readily available to the intern and patient.

(1) The board may approve a licensee to be a preceptor if the licensee meets all of the following :

(a) Continuously licensed and actively practicing in Ohio for five years preceding the date of application;

(b) No pending disciplinary action in any jurisdiction;

(d) The intern's doctor of chiropractic degree program approves the licensee to act in a preceptor capacity;

(e) Evidence of current valid malpractice insurance for the duration of the preceptorship program.

(2) The board may refuse to approve, or withdraw its approval of the preceptor at any time.

(D) Intern approval.

(1) Each intern must apply for a special limited license and must submit satisfactory evidence of their qualifications as prescribed by section 4734.27 of the Revised Code and this rule. A complete application, including a non-refundable application fee in the amount of seventy-five dollars , and all required credentials, facts and materials as the board requires must be filed with the board.

(2) An application for a special limited license must include the following:

(a) An attestment from the academic dean that the applicant is in good academic standing with the doctor of chiropractic degree program and has completed all requirements for a doctor of chiropractic degree except for the clinical phase of the program;

(b) A passport type photograph taken within the preceding six months.

(3) Applicants have an ongoing obligation to update and supplement all information provided to the board in writing within ten days of any change.

(4) The board may refuse or deny an applicant for a limited license if the applicant does not meet the requirements outlined in section 4734.27 of the Revised Code or this rule.

(5) Any refusal or denial of an application must comply with the hearing requirements of Chapter 119. of the Revised Code .

(E) Preceptorship standards and procedures.

(1) The preceptor must exercise direct on-premises supervision of the intern at all times during which the intern is engaged in any facet of patient care in the preceptorship program.

(2) The preceptor must identify the intern to patients of the preceptorship practice in such a way that no patient will be misled as to the status of the intern.

(3) The intern must display a name badge identifying the intern's status as an intern at all times .

(4) The preceptor must monitor and track the intern's activity and regularly evaluate the intern's performance.

(5) Interns may assist preceptors in the performance of those duties that are lawful and ethical under Chapter 4734. of the Revised Code and agency 4734 of the Administrative Code including but not limited to physical examinations, patient consultation, radiologic procedures, x-ray interpretation, specific chiropractic adjustment procedures and physical therapeutics.

(6) Interns are required to document all patient encounters in a logbook. Entries must be made for all patient encounters, including observation. These entries should accurately reflect patient identification, involvement, and services rendered. Copies of logbook entries may be requested by the board at any time.

(7) The preceptor must maintain copies of all logbook records for one year following conclusion of the preceptorship program.

(8) The board may conduct random inspections of a preceptor site, including inspection of all pertinent documents to determine whether the program maintains the minimum standards required by the board.

(9) Any change in preceptor must be pre-approved by the board in writing.

(F) An intern is prohibited from:

(1) Independently diagnosing the condition of a patient;

(2) Independently establishing a plan of treatment or prognosis for a patient;

(3) Independently performing any service not at the direction and supervision of an approved preceptor;

(4) Billing independently for any service rendered; or

(5) Signing insurance forms or any other forms which require a licensed chiropractic physician's signature.

Last updated June 17, 2026 at 7:38 PM

History

Effective: June 15, 2026
Promulgated Under: 119.03

Ohio Adm.Code 4734-6-05 License for voluntary public service.

(A) An individual who previously held an unrestricted license to practice chiropractic in the state of Ohio who plans to offer gratuitous chiropractic services as a voluntary public service in this state may apply for a special limited license to practice chiropractic in accordance with section 4734.27 of the Revised Code .

(B) Each applicant for a voluntary public service license must submit the following:

(1) A completed application that may be obtained by contacting the board office;

(2) Non-refundable seventy-five dollar application fee;

(3) A passport type photograph taken within the preceding one hundred eighty days;

(4) A complete description of the gratuitous chiropractic services to be performed;

(5) Proof of current valid malpractice insurance;

(6) An attestation that the applicant's practice will be solely devoted to providing gratuitous chiropractic care.

(C) The granting of a license for voluntary public service constitutes authority to practice chiropractic in Ohio only within the scope of services as described in the application as approved.

(D) Any refusal or denial of an application must comply with the hearing requirements of Chapter 119. of the Revised Code.

Last updated December 29, 2025 at 7:47 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-6-06 Jurisprudence examination.

(A) Every applicant for a chiropractic license must successfully complete a jurisprudence examination administered by the board with a minimum score of seventy-five per cent.

(B) In the event an applicant does not achieve a minimum score of seventy-five per cent on the jurisprudence examination, the applicant may retake the examination until a score of seventy-five per cent is achieved.

(C) If an applicant does not successfully complete the jurisprudence examination within one year from the date of original application, the applicant must submit a new application, application fee and updated credentials as applicable.

(D) Interns do not need to pass the jurisprudence examination.

Last updated December 29, 2025 at 8:08 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-6-07 Addresses of licensees.

(A) Each licensee is required to maintain current contact information with the boardto include valid email address, residence address and telephone number, and address and telephone number for all locations where activities related to the practice of chiropractic and/or acupuncture are conducted. Post office boxes may not be reported as mailing addresses without disclosing the actual physical address of the residence or location where activities related to the practice of chiropractic and/or acupuncture are conducted.

(B) Each licensee is required to provide and maintain current contact information via the eLicense Ohio portal.Any change to contact information must be made via the eLicense Ohio portal within thirty days of the change.

Last updated December 29, 2025 at 7:47 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-6-09 Character and fitness standards.

(A) The applicant for licensure has the burden to prove by clear and convincing evidence that the he or she possesses the requisite character, fitness, and moral qualifications for licensure for the practice of chiropractic. An applicant's failure to provide requested information, or otherwise cooperate in licensure proceedings before the board, may be grounds for refusal of the application.

(B) The board shall determine an applicant's character, fitness, and moral qualifications in accordance with:

(1) The provisions of Chapter 4734. of the Revised Code;

(2) The provisions of agency-level 4734 of the Administrative Code;

(3) Any code of ethics established or adopted by the board in accordance with section 4734.16 of the Revised Code.

(C) An applicant may be approved for licensure if the applicant's record of conduct justifies the trust of patients, other healthcare colleagues and the public with respect to the professional duties owed to them and demonstrates that the applicant satisfies the essential eligibility requirements for the practice of chiropractic as defined by the board. A record manifesting a significant deficiency in the honesty, trustworthiness, diligence, or reliability of an applicant may constitute a basis for refusal of the applicant. Factors to be considered carefully by the board concerning an applicant's good moral character and fitness to practice shall include, but are not limited to:

(1) Commission or conviction of a crime;

(2) Evidence of an existing and untreated chemical (drug or alcohol) dependency;

(3) Commission of an act constituting the unlicensed practice of chiropractic or other health care discipline requiring licensure;

(4) Violation of the rules of the applicant's chiropractic educational institution or any other academic misconduct;

(5) Evidence of a mental, emotional or psychological disorder that in any way affects or, if untreated, could affect the applicant's ability to practice chiropractic in a competent and professional manner;

(6) A pattern of disregard of the laws of this state, another state, or the United States;

(7) Failure to provide complete and accurate information concerning the applicant's past;

(8) False statements, including omissions;

(9) Acts involving dishonesty, fraud, deceit, or misrepresentation;

(10) Abuse of the health care system;

(11) Neglect of financial responsibilities;

(12) Neglect of professional obligations;

(13) Violation of an order of a court or licensing authority;

(14) Denial of licensure in another jurisdiction on character and fitness grounds;

(15) Disciplinary action by a chiropractic disciplinary agency or other professional disciplinary agency of any jurisdiction; and

(16) Any other grounds specified in section 4734.31 of the Revised Code.

(D) The board shall determine whether the present character, fitness, and moral qualifications of an applicant qualify the applicant for licensure for the practice of chiropractic. In making this determination, the following factors shall be considered in assigning weight and significance to the applicant's prior conduct:

(1) Age of the applicant at the time of the conduct;

(2) Recency of the conduct;

(3) Reliability of the information concerning the conduct;

(4) Seriousness of the conduct;

(5) Factors underlying the conduct;

(6) Cumulative effect of the conduct;

(7) Evidence of rehabilitation;

(8) Positive social contributions of the applicant since the conduct;

(9) Candor of the applicant in the licensure process;

(10) Materiality of any omissions or misrepresentations;

(11) Public confidence in the chiropractic profession if the applicant is licensed.

(E) In determining an applicant's character, fitness, and moral qualifications for the practice of chiropractic, the board shall not consider factors which do not directly bear a reasonable relationship to the practice of chiropractic, including but not limited to the following impermissible factors:

(1) Age, gender, race, color, national origin, or religion of the applicant; or

(2) Disability of the applicant, provided that the applicant, though disabled, is able to satisfy the essential eligibility requirements for the practice of chiropractic.

Last updated September 17, 2024 at 8:27 AM

History

Effective: August 12, 2002
Promulgated Under: 119.03

Chapter 4734-7 License Renewal and Restoration

Ohio Adm.Code 4734-7-01 Renewal requirements.

(A) General renewal requirements.

(1) All continuing education (CE) earned for renewal shall meet the requirements outlined in rule 4734-7-02 of the Administrative Code.

(2) Individuals licensed during the current CE reporting period are exempt from earning CE credit during the earning period of their initial licensure.

(3) At least sixty days prior to the expiration of a license, the board shall notify every individual issued a license or reinstated during the current biennial period. Failure to receive the board's notification of renewal does not exonerate the licensee from the board's renewal requirements.

(4) Renewal shall be made in the manner prescribed by the board. Each licensee shall complete a renewal application(s) and supply all information necessary to process the renewal.

(5) The board may select applications for audit to verify that all CE requirements have been met. Licensees whose applications are selected for audit shall submit documentation of compliance with the required CE hours within thirty days from the date of the board's notification.

(B) Chiropractic license renewal.

(1) Each licensee who receives a license shall thereafter apply for renewal of the license on a biennial basis and pay a non-refundable five hundred dollar renewal fee on or before the renewal deadline of March thirty-first of each even numbered year.

(2) Except for those licensees simultaneously renewing an acupuncture certificate in accordance with paragraph (C) of this rule, each licensee renewing a chiropractic license shall attest on the application for renewal to having earned the following CE hours:

(a) Thirty-four hours of chiropractic CE as defined in paragraph (B)(3) of rule 4734-7-02 of the Administrative Code;

(b) Two hours of board mandated CE as defined in paragraph (B)(5) of rule 4734-7-02 of the Administrative Code.

(3) Any current licensee may place their chiropractic license on inactive status on or before the license renewal deadline if the license is in good standing and the licensee is not under disciplinary review pursuant to section 4734.31 of the Revised Code. The effective date of the inactive status shall be the date reflected in the board's official record. The license may be restored in accordance with the provisions of section 4734.26 of the Revised Code and rule 4734-7-04 of the Administrative Code.

(4) Failure to renew a chiropractic license on or before March thirty-first of each even numbered year results in forfeiture of the licensee's right to practice chiropractic as outlined in section 4734.25 of the Revised Code. The license may be reinstated in accordance with the provisions outlined in section 4734.25 of the Revised Code and rule 4734-7-05 of the Administrative Code.

(1) Each licensee who receives a certificate to practice acupuncture shall thereafter apply for renewal of the certificate on a biennial basis and pay a non-refundable one hundred dollar renewal fee on or before the renewal deadline of March thirty-first of each even numbered year.

(2) No acupuncture certificate shall be renewed unless the individual's chiropractic license is likewise renewed.

(3) Each licensee shall attest on the application for renewal to having earned the following CE hours:

(a) Twenty-two hours of chiropractic CE as defined in paragraph (B)(3) of rule 4734-7-02 of the Administrative Code;

(b) Twelve hours of acupuncture CE as defined in paragraph (B)(4) of rule 4734-7-02 of the Administrative Code;

(4) Any current licensee may place their acupuncture certificate on inactive status if the certificate is in good standing and not under disciplinary review. The effective date of the inactive status shall be the date reflected in the board's official record. The certificate may be restored in accordance with the provisions of section 4734.286 of the Revised Code and rule 4734-10-06 of the Administrative Code.

(5) Failure to renew an acupuncture certificate results in the certificate being placed on inactive status. The certificate may be restored in accordance with the provisions of section 4734.286 of the Revised Code and rule 4734-10-06 of the Administrative Code.

(D) Licensee responsibilities.

(1) Each licensee shall ensure that CE programs earned for renewal meets the requirements outlined in rule 4734-7-02 of the Administrative Code;

(2) Each licensee shall earn CE in the two year period beginning April first of each even numbered year;

(3) Licensees shall not claim CE credit for a program more than once per renewal biennium;

(4) Licensees shall not carry forward or retroactively apply CE to any other CE earning period;

(5) Licensees shall earn interactive online CE programs one at a time and shall not open or complete multiple programs simultaneously;

(6) Each licensee shall maintain verification of earned CE for no less than three full years from completion of the CE activity;

(7) Destroying, altering, or otherwise making unavailable documentation of CE is prohibited. Failure to maintain CE records rebuts the presumption that the required CE hours were met.

(E) CE exceptions.

(1) Proctors of the national board of chiropractic examiners part four practical examination may claim the hours, as applicable, toward their chiropractic CE requirement. The licensee is not exempt from earning two hours of board mandated CE.

(2) Instructors of programs offered for CE credit that meet the requirements of rule 4734-7-02 of the Administrative Code may claim the hours, as applicable, toward their chiropractic CE, acupuncture CE and/or board mandated CE requirement. CE credit shall not be claimed for teaching the same program more than once.

(3) Licensees who earn college credit in three hundred level courses or above in a health care related topic through a college or university accredited by an accrediting agency recognized by the United States department of education may claim the hours, as applicable, toward their chiropractic or acupuncture CE requirement. The licensee is not exempt from earning two hours of board mandated CE.

(4) Licensees who teach three hundred level courses or above in a health care related topic at a college or university accredited by an accrediting agency recognized by the United States department of education may claim the hours, as applicable, toward their chiropractic or acupuncture CE requirement. The licensee is not exempt from earning two hours of board mandated CE.

(5) Licensees who author research papers published in recognized chiropractic or medical journals may claim, as applicable, chiropractic CE and/or acupuncture CE toward their renewal requirement. The licensee is not exempt from earning two hours of board mandated CE.

(6) A waiver, extension, reduction, or modification of CE hours may be granted to a licensee due to illness, disability, or other good cause shown. A request for a waiver, extension, reduction, or modification of CE hours shall be made to the board in writing no less than thirty days prior to the expiration of the license.

Last updated May 2, 2022 at 8:43 AM

History

Effective: May 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4734-7-02

(A) It is the responsibility of each licensee to ensure that programs earned for continuing education (CE) credit meet the requirements of this rule.

(B) Definitions

(1) CE, other than online CE, is defined as programs at which attendees interact with the instructor and the instructor can speak directly with the participants. A program may be conducted via teleconference so long as the instructor can speak directly with and interact with attendees.

(2) Online CE is defined as interactive online learning over the internet.

(3) Chiropractic CE is defined as programs comprised of one or more of the following subjects: acupuncture; animal chiropractic; chiropractic philosophy and history; clinical diagnosis and examination procedures; diagnostic imaging; clinical documentation; electrodiagnostics; emergency procedures; laboratory procedures; manipulation and adjusting procedures; neurology; nutrition; orthopedics; physiological therapeutics; principles and practice of chiropractic; professional boundaries; public health, hygiene, sanitation; rehabilitative procedures/exercise; risk management and other subjects related to the practice of chiropractic as deemed appropriate by the board.

(4) Acupuncture CE is defined as programs comprised of topics to enhance acupuncture education and competency.

(5) Board mandated CE is defined as programs on the topics of: boundaries and/or trauma informed care; human trafficking awareness; and/or laws and rules of the board.

(6) CE hour is defined as a minimum of fifty minutes of CE activity and shall not include time for meals or breaks.

(1) The program shall have significant intellectual or practical content and the primary objective of the program shall be to improve the licensee's professional competence;

(2) Programs shall consist of topics of clinical benefit to consumers;

(3) Instructors shall be qualified by education or experience to provide instruction in the relevant subject matter;

(4) The program shall be presented in a setting suited to the educational activity of the program;

(5) The program shall be based upon scientific evidence generally accepted by the profession.

(D) Requirements for online CE

(1) The program shall have a sufficent method to ensure the participant has earned all of the time required to complete the program;

(2) The program shall have a mechanism in place for the participant to contact the provider;

(3) The program shall include a mechanism to assess the participant's knowledge of the subject matter;

(4) The program shall provide verification of attendance or allow the user to print a verification upon completion of the program;

(5) Programs shall be earned one at a time. The program shall not grant CE credit for multiple programs completed simultaneously.

(E) Prohibited CE

(1) Topics related to: billing and coding in relation to upcoding or enhanced billing and/or coding techniques; malpractice defense; practice management; programs wherein promotion of a product or service is the principle purpose of the program; strategies to increase reimbursement; motivational programs; legal courses; professional organizational business meetings; speeches; and practice building;

(2) Authoring articles;

(3) Programs conducted via CD; DVD; audio programs; reading books, articles, or journals; home study courses; correspondence courses; and other mechanisms of self-instruction not defined in this rule.

(F) Licensees who take the board's online laws and rules CE program and pass an assessment shall be granted one hour of board mandated CE credit.

(G) Instructors for CE programs conducted in Ohio shall not be required to apply for a temporary license when demonstrating techniques or procedures on a program participant, provided that the instructor:

(1) Possesses a current, valid and unrestricted chiropractic license in another state or country;

(2) Possesses valid liability coverage at the time of demonstration;

(3) Fully explains the technique or procedure to the participant;

(4) Discloses any potential risks, and;

(5) Obtains written informed consent from the program participant prior to the demonstration.

Last updated May 2, 2022 at 8:43 AM

History

Effective: May 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4734-7-04

(A) Requirements for applications filed before the first day of the second year of the CE period:

(1) A completed application for restoration;

(2) Non-refundable five hundred dollar restoration fee;

(3) Evidence of earning thirty-six hours of CE in accordance with rule 4734-7-01 of the Administrative Code within the twenty-four months immediately preceding the date of application;

(4) Fingerprint criminal background check results completed no earlier than one hundred eighty days preceding the date of application for restoration.

(B) Requirements for applications filed on or after the first day of the second year of the CE period:

(1) A completed application for restoration;

(2) Non-refundable two hundred fifty dollar restoration fee;

(3) Evidence of earning eighteen hours of CE, of which must include two hours of board mandated CE, in accordance with rule 4734-7-01 of the Administrative Code within the twenty-four months immediately preceding the date of application;

(4) Fingerprint criminal background check results completed no earlier than one hundred eighty days preceding the date of application for restoration.

(C) If an individual's license has been inactive for two years or more, the board may require as a condition for restoration that the applicant complete training or testing which may include passing the "Special Purposes Examination for Chiropractic" offered by the national board of chiropractic examiners.

(D) Any refusal or denial of an application must comply with the hearing requirements of Chapter 119. of the Revised Code.

Last updated December 29, 2025 at 7:47 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-7-05

(A) Requirements for applications filed before the first day of the second year of the CE period:

(1) A completed application for reinstatement;

(2) Six hundred fifty dollar non-refundable fee; (five hundred dollar reinstatement fee and a one hundred fifty dollar penalty fee);

(3) Evidence of earning thirty-six hours of CE in accordance with rule 4734-7-01 of the Administrative Code within the twenty-four months immediately preceding the date of application;

(4) Fingerprint criminal background check results completed no earlier than one hundred eighty days preceding the date of application for reinstatement.

(B) Requirements for applications filed on or after the first day of the second year of the CE period:

(1) A completed application for reinstatement;

(2) Four hundred dollar non-refundable fee; (two hundred fifty dollar reinstatement fee and a one hundred fifty dollar penalty fee);

(4) Fingerprint criminal background check results completed no earlier than one hundred eighty days preceding the date of application for reinstatement.

(C) If an individual's license has been forfeited for two years or more, the board may require as a condition for reinstatement that the applicant complete training or testing which may include passing the "Special Purposes Examination for Chiropractic" offered by the national board of chiropractic examiners.

(D) Any refusal or denial of an application must comply with the hearing requirements of Chapter 119. of the Revised Code.

Last updated December 29, 2025 at 7:47 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-10-06

(A) A licensee holding an inactive acupuncture certificate may apply to have the certificate restored in the manner prescribed by the board and shall complete an application and supply all information necessary to process the application. An acupuncture certificate shall not be restored unless the licensee's chiropractic license is current.

(1) If an application for restoration is received before the first day of the second year of the CE period, the applicant shall submit a non-refundable payment of one hundred dollars and evidence of twelve hours of acupuncture CE earned in accordance with the provisions of rule 4734-7-01 of the Administrative Code within the twenty-four months immediately preceding the date of the application.

(2) If an application for restoration is received on or after the first day of the second year of the CE period, the applicant shall submit a non-refundable payment of fifty dollars and evidence of six hours of acupuncture CE earned in accordance with the provisions of rule 4734-7-01 of the Administrative Code within the twenty-four months immediately preceding the date of the application.

(B) The board shall consider the length of inactivity and the moral character and activities of the applicant during the inactive certificate period and may impose any of the terms and conditions for restoration outlined in division (B) of section 4734.286 of the Revised Code.

(C) The board may refuse or deny an applicant for restoration of his or her inactive certificate if the applicant does not meet the requirements as outlined in this chapter or section 4734.286 of the Revised Code or has committed any act which indicates that the applicant does not possess the character and fitness to practice acupuncture, including any act that would be grounds for disciplinary action as outlined in section 4734.31 of the Revised Code. The burden of proof is on the applicant to prove by clear and convincing evidence to the board that he or she meets the conditions for certificate restoration.

Last updated May 2, 2022 at 8:44 AM

History

Effective: May 1, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4734-7-03 Continuing education credit for providing health care to indigent and uninsured persons as a volunteer.

(A) So long as all of the following apply, a licensee may satisfy up to twelve hours of required continuing education by providing health care services as a volunteer:

(1) The licensee provides health care services to an indigent and uninsured person, as defined in section 2305.234 of the Revised Code;

(2) The licensee provides the health care services as a volunteer;

(3) The licensee satisfies the requirements of section 2305.234 of the Revised Code to qualify for the immunity from liability granted under that section;

(4) The health care services provided are within the scope of chiropractic practice in this state.

(B) Documentation of CE credit for providing health care to indigent and uninsured persons as a volunteer shall be in writing from an administrative official at the organization where services were rendered, specifying at a minimum, the date(s) the activity occurred, the time devoted toward the activity, and an attestment that the individuals for which services were provided meet the requirements of paragraph (A)(1) of this rule. One credit hour is defined as sixty minutes spent providing health care services as a volunteer.

Last updated December 29, 2025 at 7:47 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Chapter 4734-8 Chiropractic Physicians

Ohio Adm.Code 4734-8-01 Dismissing a patientfrom a chiropractic practice.

(A) A doctor-patient relationship is established when a licensee provides professional services to a person. Except as provided in paragraph (B) of this rule, every licensee must comply with the following requirements in order to dismiss a patient from care or from the chiropractic practice:

(1) Send notice to the patient that includes all of the following:

(a) A statement that the doctor-patient relationship is terminated;

(b) Except when the patient, or patient's representative, has displayed disruptive or threatening behavior toward the licensee, office staff, or other patients, a statement that the licensee will provide emergency treatment for up to thirty days from the date the letter was mailed to allow the patient an opportunity to secure care from another licensee;

(2) Notice must be sent in one of the following ways:

(a) A letter sent via certified mail, return receipt requested, to the last address for the patient on record, with a copy of the letter, the certified mail receipt, and the mail delivery receipt maintained in the patient record;

(b) An electronic message sent via a HIPPA compliant electronic medical record system or HIPPA compliant electronic health record system that provides a means of electronic communication to the patient and is capable of sending the patient a notification that a message is in the patient's portal and can confirm the message was viewed by the patient.

(c) If a notice sent via an electronic message as authorized in paragraph (A)(2)(b) of this rule is not viewed within ten days of having been sent, a letter sent in accordance with paragraph (A)(2)(a) of this rule.

(B) Retention of patient records must be held in accordance with rule 4734-8-04 of the Administrative Code.

(1) The licensee rendered professional services to the person on an episodic basis or in an emergency setting and the licensee should not reasonably expect that related professional services will be rendered to the patient in the future;

(2) The licensee formally transferred the patient's care to another licensee who is not in the same practice group;

(3) The licensee is leaving, selling, closing a practice, retiring from practice, or whose employment with the health care entity has ended;

(4) The patient terminated the relationship, either verbally or in writing, or has transferred care to another licensee. The licensee must maintain documentation in the patient record of the patient's action terminating the relationship.

Last updated December 29, 2025 at 7:48 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-8-04

(A) Every licensee must maintain proper, accurate, and legible records documenting each patient's care. If non-standard codes or abbreviations are used, a key for interpretation must be included in the file. All documentation must be in the English language.

(B) Each patient's health care record shall include all services rendered including but not limited to:

(1) Date(s) of treatment;

(2) Examinations;

(3) X-ray reports;

(4) Referrals;

(5) Diagnostic studies performed and/or ordered accompanied by a report of the results of each procedure performed or ordered;

(6) Diagnosis or clinical impression and clinical treatment plan provided to the patient.

(C) Health care records, including x-ray films must be maintained on site for current patients and may be stored off-site for former patients.

(D) Health care records must be maintained in a safe, confidential, and secure location.

(E) Health care records must be destroyed in a confidential manner, such as shredding or burning.

(F) Health care records must be retained for five years from the last date of clinical encounter, termination of care, or dismissal from care.

(G) Health care records pertaining to minors must be maintained for two years beyond the minor's eighteenth birthday, or five years from the last date of clinical encounter, whichever is longer.

(H) Health care records containing information pertinent to contemplated or ongoing legal proceedings which the licensee has knowledge or notice of must be kept for two years beyond the conclusion of the legal proceedings, or five years from the last date of clinical encounter, whichever is longer.

(I) Health care records must be released pursuant to sections 3701.74 to 3701.742 of the Revised Code.

Last updated December 29, 2025 at 7:48 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-8-02 Unlicensed supportive personnel.

(A) Unlicensed supportive personnel are individuals who are properly qualified by education, training, and/or experience to perform designated tasks and duties related to patient care delivery in the practice of chiropractic. These tasks and duties do not include any activity that would require performance, clinical interpretation and/or treatment by a licensed professional.

(B) A licensed chiropractic physician must properly supervise all unlicensed supportive personnel to whom responsibilities are delegated. Properly supervise within the meaning of this rule is defined as on-site initial and ongoing direction, procedural guidance, and evaluation by an Ohio licensed chiropractic physician.

(C) It is the licensee's responsibility to ensure that unlicensed supportive personnel are competent and properly qualified by education, training, and/or experience to perform their assigned tasks and duties.

(D) The following professional tasks and duties can only be conducted when an Ohio licensed chiropractic physician is on site and delegated by the order of the licensee:

(1) Taking measurements for height, weight, blood pressure, respiration, pulse, and temperature;

(2) Recording observable signs and symptoms;

(3) Collecting bodily fluids for diagnostic purposes, not including blood draws or other invasive measures;

(4) Applying heat and cold therapy;

(5) Applying mechanical traction and/or computerized decompression;

(6) Applying electrical stimulation;

(7) Applying vasopneumatic devices;

(8) Applying diathermy;

(9) Applying therapeutic ultrasound;

(10) Instruction and supervision of therapeutic exercises;

(11) Instruction and supervision of therapeutic procedures and activities, not including manual therapy or massage therapy techniques;

(12) Instruction and supervision of neuromuscular reeducation;

(13) Low level laser therapy up to and including class IV lasers;

(14) Assist patients to safely perform activities related to the development of strength, flexibility and endurance;

(15) Applying shock wave therapy;

(16) Applying radial pulse therapy;

(17) Applying percussion or vibration therapy;

(18) Other services or procedures as deemed appropriate by the board.

Last updated December 29, 2025 at 7:48 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-8-03 Quality intervention program.

(A) The board may offer an educational and assessment program to improve the practice and communication skills of a licensee, pursuant to an investigation.

(B) Providers of educational and assessment services must be qualified to provide specific education and assessment related to the practice of chiropractic. The board, in consultation with at least one case reviewer, must identify the specific education and/or assessment a licensee must complete. Case reviewers must be chiropractic physicians. Cases pertaining to acupuncture must include at least one reviewer licensed to practice acupuncture.

(C) The Board must specify the time frame during which the licensee must complete any education and/or assessment. Providers of educational and assessment must submit regular progress reports, as determined by the board, of each individual undertaking a recommended individual education program.

(D) Upon successful completion of an individual education program the board may require further monitoring of the individual or other action the board determines to be appropriate.

(E) The licensee is responsible for all expenses related to education and/or assessment.

Last updated December 29, 2025 at 7:48 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-8-05 Examination and prescription protocols.

(A) Every licensee must conduct an appropriate evaluation of each patient prior to initiating treatment. Such evaluation must include:

(1) History;

(2) Examination and findings;

(3) Diagnosis(es);

(B) The history, examination, findings, and diagnosis(es) must be documented in the patient's paper or electronic file or in another readily accessible medium. Further evaluation and management must be conducted as needed, based on each patient's condition in accordance with prevailing standards of care.

(C) Once a licensee prescribes care for the management of any condition, a treatment plan must be documented to include the frequency, duration, and procedures recommended for management of the diagnosed condition(s).

Last updated December 29, 2025 at 8:09 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-8-06 Board consideration of sanctions.

(A) Each disciplinary case involves unique facts and circumstances. In striving for fair disciplinary standards, consideration will be given to the specific professional misconduct and to the existence of aggravating or mitigating factors. In determining the appropriate sanction, the board must consider all relevant factors; to include precedent established by the board and the following:

(1) Aggravating factors:

(a) Disciplinary action(s) or admonishments taken by any regulatory agency, including those in Ohio;

(b) Failure to implement remedial measures to correct conduct resulting from any discipline or admonishment from any regulatory agency, including those in Ohio;

(d) A pattern of misconduct and the cumulative effect of the conduct;

(e) Multiple offenses;

(f) Lack of cooperation in the disciplinary process;

(g) Solicitation or submission of false evidence, false statements, or other obstructive or deceptive conduct during the disciplinary process;

(h) Refusal to acknowledge wrongful nature of conduct;

(i) Vulnerability of and resulting harm to any victims of the misconduct;

(j) Negative public perception of the chiropractic profession;

(k) Economic harm to any individual or entity and the severity of such harm;

(l) Failure to make restitution or other appropriate amends;

(m) Any other factors the board believes to be aggravating.

(2) Mitigating factors:

(a) Absence of a prior disciplinary record or admonishments, by any regulatory agency, including those in Ohio;

(b) Absence of a dishonest or selfish motive;

(d) Self-reporting of any violation(s) and full disclosure to the board and/or cooperative attitude toward proceedings;

(e) Character, reputation and positive social contributions of the chiropractic physician;

(f) Imposition of other penalties, sanctions or liability;

(g) Evidence of rehabilitation;

(h) Chemical dependency and/or mental illness, where there has been:

(i) A diagnosis of a chemical dependency or mental illness by a qualified health care professional or alcohol/substance abuse counselor;

(ii) A determination that the chemical dependency and/or mental illness contributed to cause the misconduct;

(iii) A certification of successful completion of an approved treatment program or course of treatment; and

(iv) A prognosis from a qualified health care professional or alcohol/substance abuse counselor that the chiropractic physician will be able to return to safe, competent, and ethical professional practice under specified conditions, restrictions or limitations.

(i) Any other factors the board believes to be mitigating.

(3) Compliance programs. Operation or participation in a bona fide compliance program may be considered by the board as a mitigating factor. Bona fide compliance programs shall contain the following elements:

(a) Auditing and monitoring the practice for deficiencies and violations;

(b) Written compliance standards and procedures for the practice;

(d) Employee training and education;

(e) Appropriate response to detected violations, including self reporting and correction action plans;

(f) Developing open lines of communication;

(g) Enforcing disciplinary standards through guidelines.

(B) Alternative sanctions. The board may use the factors listed in this rule in making a determination to issue an alternative sanction in lieu of initiating formal charges through the process of Chapter 119. of the Revised Code.

Last updated December 29, 2025 at 8:09 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-8-07 Notice of leaving, selling or retiring from practice.

(A) Except as provided for in paragraph (F) of this rule, a licensee who is an independent contractor or who has an ownership interest in a chiropractic practice shall provide notice when leaving, selling, closing the practice, or retiring from practice . Notification shall be sent to all patients who received services from the licensee within the six months immediately preceding the licensee's last date for seeing patients and shall be sent no later than thirty days prior to the last date the licensee will see patients.

(B) Notification may be provided in one of the following ways:

(1) A letter sent via regular mail to the last known address on record for the patient with the date of mailing of the letter documented;

(2) An electronic message sent via a HIPPA compliant electronic medical record system or HIPPA compliant electronic health record system that provides a means of electronic communication to the patient and is capable of sending the patient a notification that a message is in the patient's portal.

(1) The effective date the licensee will cease to provide services;

(2) Offer to transfer records to a new provider with a signed authorization;

(3) Contact information that enables the patient to obtain a copy of their records.

(D) Licensees unable to comply with this rule within the required thirty days due to acute illness or unforeseen emergency must comply with this rule no later than thirty days after it is determined that the licensee is leaving, selling, closing the practice, or retiring from practice.

(E) Licensees employed by non-Ohio licensed chiropractic physicians must comply with the notice required by paragraph (A) of this rule.

(F) If a licensee is the employee of another Ohio licensee, the patient records belong to the employer and the employee licensee is not required to comply with this rule. It is the Ohio licensee employer's responsibility to maintain continuity of care, or to comply with this rule if patient care will be terminated upon a licensee employee's leaving employment or retiring.

(G) In the event a licensee dies and there is no other licensee in the practice, the deceased licensee's executor, guardian, administrator, conservator, next of kin, or other legal representative shall endeavor to comply with the notice required by paragraph (A) of this rule.

(H) Retention of patient records must be held in accordance with rule 4734-8-04 of the Administrative Code.

Last updated December 29, 2025 at 7:48 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-8-08 Universal precautions.

(A) Licensees who perform or participate in invasive procedures are required to be familiar with, observe and adhere to acceptable and prevailing standards for universal blood and body fluid precautions to minimize the risk of being exposed to or exposing others to the hepatitis B virus (HBV), the hepatitis C virus (HCV), and the human immunodeficiency virus (HIV).

(B) When performing or participating in invasive procedures licensees must:

(1) Wear disposable gloves. Hands must be washed when gloves are removed. Before performing or participating in invasive procedures on another patient, the licensee must wash hands and reglove with another pair of disposable gloves. If a glove is torn or a needle stick or other injury occurs, the glove must be removed and a new glove used as promptly as patient safety permits. The needle or instrument involved in the incident must be removed from the sterile field. Disposable gloves may not be washed or reused for any purpose.

(2) Effectively disinfect and sterilize equipment.

(3) Utilize aseptic techniques and only sterile, disposable needles.

(4) Hands and other skin surfaces must be washed immediately and thoroughly if contaminated with blood or other body fluids.

(5) Safely handle and dispose of needles and other sharp instruments in a puncture-resistant container for disposal. The container must be located as close as practicable to the use area. Needles or other sharp instruments may not be recapped or purposely bent or broken by hand. All sharp items and contaminated waste must be disposed of according to requirements established by federal, local and state environmental or regulatory agencies.

(C) A licensee who performs any procedure that requires the use of needles shall utilize aseptic techniques and only sterile, disposable needles.

(D) Glove use is required for acupuncture and dry needling when needling areas of non-intact skin, areas of or in proximity to mucus membranes or when there is a risk of blood or other potential infectious material as defined by the occupational health and safety administration in 29 C.F.R. 1910.1030(b) .

(E) Glove use is required for any procedure that requires examining or touching a patient's pelvic area, genitals, rectum, prostate or breast, in accordance with rule 4734-9-06 of the Administrative Code.

(F) For the purposes of this chapter, hand washing is defined as the process of cleaning hands, through either washing with soap and water or using an alcohol-based waterless hand sanitizer or other antimicrobial agent.

Last updated February 17, 2026 at 8:01 AM

History

Effective: February 16, 2026
Promulgated Under: 119.03

Ohio Adm.Code 4734-9-06

(A) A patient is any person who is the recipient of a professional service rendered by a licensee. A doctor-patient relationship is any relationship between a licensee and a patient wherein the licensee provides professional services to the patient. An individual is considered a patient until thirty days have elapsed from the date the doctor-patient relationship was formally terminated in accordance with rule 4734-8-01 of the Administrative Code. An individual remains a patient until the doctor-patient relationship is terminated regardless if the individual is not actively receiving professional services from the licensee.

(B) The doctor-patient relationship requires the licensee to exercise the utmost care that they will do nothing to exploit the trust and dependency of the patient. Licensees shall make every effort to avoid other types of relationships that impair their professional judgment or risk the possibility of exploiting the confidence placed in them by a patient.

(C) Sexual misconduct is conduct that exploits the licensee-patient relationship in a sexual way, whether verbal or physical, and may include the expression of thoughts or feelings, or gestures that are sexual or that reasonably may be constured by a patient as sexual.

(D) Sexual misconduct includes:

(1) Conduct by the licensee that is seductive, sexually suggestive, disrespectful of patient privacy, or sexually demeaning to a patient;

(2) Performing any procedure that involves exposure or contact with the pelvic area, genitals, rectum, prostate, or breast without clinical justification;

(3) The creation, receipt, exchange, saving, or sending of images or communications, whether verbal or written, via a telecommunictions device;

(4) Failure to provide privacy for disrobing and/or failure to provide proper gowns;

(5) Failure to explain the necessity of performing any procedure that involves exposure or contact with the pelvic area, genitals, rectum, prostate, or breast. In the event the patient is a minor, the explanation shall be given to the parent or legal guardian. The licensee must ensure that the patient comprehends the necessity for such examination prior to performing the procedure;

(6) Failure to have a third party present while performing any examination that involves exposure or contact with the pelvic area, genitals, rectum, prostate or breast without the patient's signed consent;

(7) Subjecting a patient to exposure or contact with the pelvic area, genitals, rectum, prostate or breast in the presence of a third party without the patient's consent;

(8) Examining or touching a patient's pelvic area, genitals, rectum, prostate or breast without gloves;

(9) Conduct that may reasonably be interpreted as intended for the sexual arousal or gratification of the licensee, patient, or both;

(10) Making comments that are not clinically relevant about or to the patient, including, but not limited to, sexual comments about the patient's body, underclothing, or sexual orientation; making sexualized or sexually demeaning comments; or comments about potential sexual performance;

(11) Solicitating a date or romantic relationship with a patient;

(12) Initiating or participating in a conversation with a patient regarding the licensee's own sexuality, including sexual problems, sexual preferences, or sexual fantasies;

(13) Initiating conversation with, or requesting details of, a patient's sexuality, including history, sexual problems, sexual fantasies or sexual preferences when not clinically indicated for the type of health care services rendered;

(14) Participation in acts of sexual nature that is recorded on film, in print, or in an electronic medium;

(15) Kissing or fondling of a sexual nature;

(16) Touching any body part that has sexual connotation for the licensee or the patient for any purpose other than for the patient's legitimate health care need or where the patient has refused consent;

(17) Encouraging a patient to masturbate in the presence of the licensee or masturbation by the licensee in the presence of a patient;

(18) Sexual acts involving kissing, genital to genital contact, vaginal or anal intercourse, oral to genital, oral to anal, and/or oral to breast contact;

(19) Sexually demeaning conduct or conduct that demonstrates a lack of respect for the patient's privacy;

(20) Offering to provide or providing chiropractic, animal chiropractic, or acupuncture services in exchange for any prohibited conduct outlined in this rule.

(E) The initiation of, consent to, or participation in sexual misconduct with a licensee by a patient does not change the nature of the conduct or negate the prohibitions contained in this rule.

(F) Sexually intimate acts and relationships that exist between life partners or in a marriage do not preclude the licensee from providing the partner or spouse with professional services.

(G) Conduct may be considered sexual misconduct between a licensee and a former patient after termination of the doctor-patient relationship upon consideration of the following:

(1) The duration of the licensee-patient relationship;

(2) The nature of the health care services provided;

(3) The lapse of time since the licensee-patient relationship ended;

(4) The extent to which the former patient confided personal or private information to the licensee;

(5) The degree of emotional dependence that the former patient has or had on the licensee; and

(6) The extent to which the licensee used or exploited the trust, knowledge, emotions, or influence derived from the previous licensee-patient relationship.

Last updated December 29, 2025 at 8:09 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-8-09 Concussion management.

(A) General population.

(1) Assessment, diagnosis and/or treatment of concussed patients shall be conducted in accordance with nationally accepted standards and guidelines. The licensee shall maintain a level of continuing education that keeps pace with the evolving topic of concussion management.

(2) A licensee may do all of the following in regard to concussion management:

(a) Assess;

(b) Diagnose;

(d) Grant clearance to return to activities of daily living;

(e) Consult with, refer to, or collaborate with other licensed healthcare providers.

(B) Youth athletes.

(1) As used in section 3313.535 of the Revised Code, "interscholastic extracurricular activity" means a pupil activity program that a school or school district sponsors or participates in and that includes participants from more than one school or school district. Interscholastic athletics apply to public schools, including schools operated by school districts, community schools, and science, technology, engineering, and math (STEM) schools and private schools, including both chartered and non-chartered public schools.

(2) As used in section 3707.51 of the Revised Code, "youth sports organization" 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.

(3) As used in this rule, "youth athlete" means a participant in an interscholastic extracurricular activity under section 3313.539 of the Revised Code or a participant in a youth sports organization under section 3707.511 of the Revised Code.

(4) "Physician" means a person authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.

(5) Diagnosis and treatment of concussed youth athletes.

(a) Youth athletes shall be diagnosed and treated in accordance with the "consensus statement on concussion in sport - the 5th international conference on concussion in sport held in Berlin, October 2016" and adopted on March 6, 2017 (available from the website of the state chiropractic board at: http://www.chirobd.ohio.gov) or with nationally accepted standards and guidelines consistent with that statement.

(b) Each licensee who assesses, diagnoses and/or treats a concussed youth athlete shall maintain a level of continuing education that keeps pace with the evolving topic of concussion management.

(6) Assessment and clearance of concussed youth athletes.

(a) Subject to the exemptions provided in paragraph (B)(7) of this rule, licensees shall only make an assessment and/or grant clearance to a concussed youth athlete to return to play:

(i) In consultation with a physician;

(ii) Pursuant to the referral of a physician;

(iii) In collaboration with a physician;

(iv) Under the supervision of a physician.

(7) Exemptions.

(a) A licensee with one or more of the following current credentials is exempt from the provisions of paragraph (B)(6) of this rule and may assess and/or grant a clearance to return to play to a concussed youth athlete:

(i) Diplomate in chiropractic neurology recognized by the american chiropractic neurology board or the international board of chiropractic neurology;

(ii) Diplomate in chiropractic sports medicine recognized by the american chiropractic board of sports physicians;

(iii) Certified chiropractic sports physician recognized by the american chiropractic board of sports physicians and listed on the american chiropractic board of sports physicians national concussion registry.

History

Effective: January 30, 2021
Promulgated Under: 119.03

Ohio Adm.Code 4734-8-10 Telehealth.

(A) In accordance with division (A)(6) of section 4743.09 of the Revised Code, telehealth services 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 their services is consulting regarding the patient.

(B) A health care provider may use synchronous or asynchronous technology to provide telehealth services to a patient if the appropriate standard of care is satisfied.

(1) "Synchronous communication technology" means audio and/or video technology that permits two-way, interactive, real-time electronic communication between the health care professional and the patient or between the health care professional and the consulting health care professional regarding the patient.

(2) "Asynchronous communication technology" also called store and forward technology, has the same meaning as asynchronous store and forward technologies as that term is defined in 42 C.F.R. 410.78 (effective January 1, 2022).

(C) In accordance with division (A)(3)(g) of section 4743.09 of the Revised Code, a chiropractor licensed under Chapter 4734. of the Revised Code is a health care professional and may provide telehealth services.

(D) Unlicensed personnel are not defined as health care professionals under section 4734.09 of the Revised Code. A licensee shall not delegate telehealth services to unlicensed personnel.

(E) Provided that the standard of care for an in-person visit can be met for the patient and the patient's medical condition through the use of the technology selected, each licensee that performs telehealth services must comply with the provisions outlined in Chapter 4734. of the Revised Code and Chapter 4734. of the Administrative Code. The following provisions additionally apply to telehealth services:

(1) The licensee providing telehealth services must have an active Ohio license to practice chiropractic in the state of Ohio.

(2) The licensee must communicate their first and last name and ensure the patient understands their licensure status as a chiropractor prior to rendering telehealth services to the patient.

(3) The patient receiving telehealth services must be located within the state of Ohio. The licensee must verify the identity and physical location of the patient at the beginning of each telehealth visit.

(4) Consent to receive telehealth services must be documented in the medical record or signed authorization of the patient or, if applicable, the patient's parent, guardian, or person designated under the patient's health care power of attorney.

(5) The standard of care for a telehealth visit is the same as the standard of care for an in-person visit. If a licensee determines at any time during the provision of telehealth services that a telehealth visit will not meet the standard of care for the medical condition of the patient, or if additional in-person care is necessary, the licensee must schedule the patient for an in-person visit and conduct that visit within an amount of time that is appropriate for the patient and condition presented. If the patient needs emergency care, the licensee must help the patient identify the closest emergency room.

(6) A licensee must provide telehealth services in a manner that complies with all requirements under state and federal law regarding the protection of patient information. The licensee must ensure that any user name or password information and any electronic communication between the licensee and the patient is securely transmitted and stored. Photographs or video images that are visualized by a telecommunications system must be both specific to the patient's medical condition and sufficient for furnishing or confirming a diagnosis and/or a treatment plan.

(7) In accordance with section 3902.30 of the Revised Code, a licensee may not charge a patient or a health plan insurer covering telehealth services a facility fee, an origination fee, or any fee associated with the cost of the equipment used at the provider site to provide telehealth services.

(8) A licensee providing telehealth services may charge a health plan issuer for durable medical equipment used at the patient site.

(9) A licensee may negotiate with a health plan issuer to establish a reimbursement rate for fees associated with the administrative costs incurred providing telehealth services so long as a patient is not responsible for any portion of the fee.

(10) The licensee providing telehealth services must obtain the patient's consent before billing for the cost of providing the services, but the requirement to do so only applies once.

(11) A licensee may deny a patient telehealth services and require the patient to undergo an in-person visit.

(F) Nothing in this rule will prohibit an individual who is licensed as a chiropractor in a state other than Ohio from performing telehealth services for patients outside of Ohio if such telehealth services are permitted by:

(1) The laws of the state in which the individual has been authorized to practice chiropractic and,

(2) The location where the patient is located.

Last updated September 5, 2023 at 8:12 AM

History

Effective: September 2, 2023
Promulgated Under: 119.03

Chapter 4734-9 Discipline

Ohio Adm.Code 4734-9-01 Fine schedules.

The board must consider the factors in rule 4734-8-06 of the Administrative Code when imposing a civil fine in accordance with the following schedule of fines:

(A) For a first offense, a minimum fine of five hundred dollars and a maximum fine of three thousand dollars.

(B) For a second offense, a minimum fine of one thousand five hundred dollars and a maximum fine of five thousand dollars.

(C) For a third or subsequent offense, a minimum fine of three thousand dollars and a maximum fine of five thousand dollars.

Last updated December 29, 2025 at 7:49 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-8-06

(1) Aggravating factors:

(a) Disciplinary action(s) or admonishments taken by any regulatory agency, including those in Ohio;

(b) Failure to implement remedial measures to correct conduct resulting from any discipline or admonishment from any regulatory agency, including those in Ohio;

(d) A pattern of misconduct and the cumulative effect of the conduct;

(e) Multiple offenses;

(f) Lack of cooperation in the disciplinary process;

(g) Solicitation or submission of false evidence, false statements, or other obstructive or deceptive conduct during the disciplinary process;

(h) Refusal to acknowledge wrongful nature of conduct;

(i) Vulnerability of and resulting harm to any victims of the misconduct;

(j) Negative public perception of the chiropractic profession;

(k) Economic harm to any individual or entity and the severity of such harm;

(l) Failure to make restitution or other appropriate amends;

(m) Any other factors the board believes to be aggravating.

(2) Mitigating factors:

(a) Absence of a prior disciplinary record or admonishments, by any regulatory agency, including those in Ohio;

(b) Absence of a dishonest or selfish motive;

(d) Self-reporting of any violation(s) and full disclosure to the board and/or cooperative attitude toward proceedings;

(e) Character, reputation and positive social contributions of the chiropractic physician;

(f) Imposition of other penalties, sanctions or liability;

(g) Evidence of rehabilitation;

(h) Chemical dependency and/or mental illness, where there has been:

(i) A diagnosis of a chemical dependency or mental illness by a qualified health care professional or alcohol/substance abuse counselor;

(ii) A determination that the chemical dependency and/or mental illness contributed to cause the misconduct;

(iii) A certification of successful completion of an approved treatment program or course of treatment; and

(i) Any other factors the board believes to be mitigating.

(a) Auditing and monitoring the practice for deficiencies and violations;

(b) Written compliance standards and procedures for the practice;

(d) Employee training and education;

(e) Appropriate response to detected violations, including self reporting and correction action plans;

(f) Developing open lines of communication;

(g) Enforcing disciplinary standards through guidelines.

Last updated December 29, 2025 at 8:09 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-9-02 Advertising and solicitation.

(A) This rule applies to all forms of chiropractic and acupuncture advertising and solicitation. All advertisements and solicitations shall comply with the provisions of this rule.

(B) Advertising and solicitation means any communication disseminated by any means with the intent, either directly or indirectly, of offering or selling professional services, or offering to perform professional services, or inducing individuals to enter into any obligation relating to professional services or care or goods related thereto. Advertising includes business cards.

(C) No chiropractic physician shall disseminate or cause to be disseminated any advertisement or solicitation that is in any way false, fraudulent, deceptive, or misleading.

(D) Excluding a free consultation, any advertisement or solicitation which offers free or discounted goods or services shall include a disclaimer. The disclaimer shall clearly state specifically what goods or services are discounted or free and what goods or services are not included with the free or discounted services offered. If the advertisement is visual, the disclaimer shall be contained therein. If the advertisement is aural, the disclaimer shall be read. A copy of the disclaimer shall be provided to each patient who responds to an offer prior to the rendering of care and a copy shall be maintained in the patient's file. Additional goods or services that are subject to a charge that are rendered on the same date as free or discounted goods or services are offered shall not be rendered until such charges are disclosed in writing and acknowledged by signature of the patient. A copy of such signed disclosure shall be provided to the patient prior to rendering care and a copy shall be maintained in the patient's file.

(E) All advertisements and solicitations shall include therein the first and last name of a designated chiropractic physician who holds a valid Ohio chiropractic license, who has reviewed and approved the content of the advertisement or solicitation.

(F) All advertisements and solicitations shall clearly reveal that the advertisement and/or solicitation is being made on behalf of a chiropractic physician(s).

(G) All advertisements and solicitations shall contain therein one of these exact terms: chiropractic, chiropractor, doctor of chiropractic or chiropractic physician and in at least ten point font or its equivalent if the advertisement or solicitation is visual.

(H) No chiropractic physician who holds a certificate to practice acupuncture issued under Chapter 4734. of the Revised Code may advertise or represent to the public that he or she is engaged in the practice of oriental medicine or utilize any of the titles in section 4762.08 of the Revised Code.

(I) Any trade or fictitious names utilized in connection with the practice of chiropractic and/or acupuncture shall be duly registered with the Ohio secretary of state.

(J) No chiropractic physician shall advertise that he or she 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 the chiropractor's services, otherwise would be required to pay, unless the waiver is made:

(1) In compliance with the health benefit plan that expressly allows a practice of that nature. 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 board upon request, or;

(2) For professional services rendered to any other person licensed pursuant to this chapter, to the extent allowed by this chapter and the rules of the board.

(K) All advertisements and solicitations that claim specific physical illnesses, ailments, conditions, or symptoms are alleviated by chiropractic care must be supported by clinical or scientific literature generally recognized by the chiropractic profession.

(L) Chiropractic physicians who solicit via any telecommunication method or device shall maintain a record of the names of the individuals called, their telephone number, and a copy of the exact solicitation script(s) used for six months from the date of last use. Failure to maintain the names of the individuals called, their telephone number, and a copy of the exact solicitation script(s) used for six months from the date of last use constitutes a violation of this rule.

(M) Chiropractic physicians who solicit via any written medium, including but not limited to via the US mail, facsimile, or electronic mail, shall maintain a copy of the written solicitation and a record of the name, address, electronic mail address, or other location where the solicitation was sent, for six months from the last date of use. Failure to maintain a copy of the written solicitation and a record of the name, address, electronic mail address, or other location where the solicitation was sent for six months from the date of last use constitutes a violation of this rule. When the name and information are acquired from public documents, the written solicitation shall clearly state in at least ten point font or its equivalent "This is an advertisement. Your name and information were acquired from public documents. You are under no obligation to respond to this communication."

(N) Chiropractic physicians who solicit via in-person shall maintain a record of the names of the individuals contacted, including their address and telephone number, and copies of any documents or materials provided to the individual for a period of six months. Failure to maintain a record of the names of the individuals contacted, including their address and telephone number and copies of any documents or materials provided to the individual for a period of six months constitutes a violation of this rule.

(O) Each of the following constitutes an act of abusive solicitation and is in violation of this rule:

(1) Use of threats, intimidation, or profane or obscene language;

(2) Contacting an individual repeatedly or continuously, or after being advised that there is no interest in receiving chiropractic and/or acupuncture services;

(3) Contacting an individual when that person has previously stated that he or she does not wish to receive an outbound telephone call or in person solicitation made by or on behalf of the seller whose goods or services are being offered. Every chiropractic physician who solicits via telephone is to maintain a "do not call" list;

(4) Contacting an individual at any time other than between eight a.m. and nine p.m. local time;

(5) Requiring an immediate response from an individual to any offer made during the solicitation or making a one time only offer and/or not permitting the individual to consider the offer and reply at a later time;

(6) Failure to disclose within the first sixty seconds of the solicitation, the solicitor's identity and the identity and practice name of the chiropractic physician on whose behalf the solicitation is being made; the purpose of the solicitation; and a statement of the goods or services being offered;

(7) Failure to provide the practice telephone number of the chiropractic physician on whose behalf the solicitation is being made;

(8) Misrepresenting an affiliation with, or endorsement by, any government or third-party organization;

(9) Communicating with an individual in a way that invades privacy of the individual, or interferes with an existing doctor/patient relationship;

(10) Leaving a recorded message for the prospect that does not comply with this rule;

(11) Failing to advise the prospect how his or her name and information were acquired and that the prospect is under no obligation to respond to the offer made during the solicitation;

(12) Contacting a minor child under eighteen years of age;

(13) Offering cash, gift cards, gift certificates or cash equivalents to patients or potential patients as a referral fee or as an inducement to enter into or to continue care or offering a promotional item that violates paragraph (I) of rule 4734-9-07 of the Administrative Code.

(14) Blocking or otherwise concealing or disguising the true identification of the origin of the solicitation.

(P) Chiropractic physicians are responsible for the solicitations made by others on his or her behalf.

(Q) A licensee may utilize testimonials if the patient giving the testimonial has given written consent as to the exact wording and proposed use of the testimonial. A copy of such consent and testimonial shall be retained by the chiropractic physician who holds a valid Ohio license for one year from the last date of publication. Testimonials shall be true and shall not be false, fraudulent, deceptive or misleading.

Last updated October 22, 2025 at 3:44 PM

History

Effective: August 14, 2014
Promulgated Under: 119.03

Ohio Adm.Code 4734-9-07

(A) Licensees who function as owners, operators, members, partners, shareholders, officers, directors, and/or managers of a chiropractic clinic are responsible for the policies, procedures and billings generated by the clinic.

(B) Licensees who function only as clinical staff without any management or financial responsibilities are required to familiarize themselves with the clinic's billing practices to ensure that the services rendered are accurately reflected in the billings generated.

(C) Licensees have a right to review and correct all billings submitted under their name and/or identifying number(s). Signature stamps and/or automatically generated signatures may be utilized only with the authorization of the licensee whose name or signature is designated. Such authorization may be revoked at any time in writing by that individual.

(D) Licensees must accurately report the services rendered to a patient on all billing documents.

(E) Licensees must release copies of billing records upon a written request from a patient or a patient's authorized representative within thirty days of said request.

(F) Licensees must not knowingly:

(1) Increase charges when a patient utilizes a third-party payment program;

(2) Report incorrect dates or types of service on any billing documents;

(3) Report charges for services not rendered;

(4) Bill for services rendered not documented in a patient's file.

(G) No licensee may 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 the licensee's services, otherwise would 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 chiropractor, unless the waiver is made:

(2) For professional services rendered to any other person licensed pursuant to this chapter, to the extent allowed by this chapter and the rules of the board.

(H) No licensee may offer cash, gift cards, gift certificates or cash equivalents to patients or potential patients as a referral fee or an inducement to enter into or to continue care.

(I) Promotional items may not be more than seventy-five dollars in retail value per year per patient. Professional services, product samples, literature, or refreshments served at events such as health fairs, open houses, educational lectures or health care orientations are not considered promotional items. Promotional items may not be claimed directly or indirectly or otherwise shifted to any third party for reimbursement.

(J) A licensee may provide a reasonable time of service discount.

Last updated December 29, 2025 at 7:49 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-9-03 Signage and display of license and certificate.

(A) Licensees may not utilize signs which include any false, fraudulent, deceptive or misleading information.

(B) One of the following terms must be included on all signs utilized in connection with the practice of chiropractic or otherwise prominently displayed unless the licensee practices under a trade or fictitious name and complies with paragraph (C) of this rule:

(1) Chiropractic,

(2) Chiropractor,

(3) Doctor of chiropractic,

(4) Chiropractic physician,

(5) Or the initials "D.C." with the use of the chiropractic physician's name.

(C) If a licensee practices under a trade or fictitious (DBA) name, they must display their first and last name with one of the exact terms: chiropractic, chiropractor, doctor of chiropractic, chiropractic physician, or the initials "D.C." at the public entrance of each practice location. Any trade or fictitious name utilized must be registered with the Ohio secretary of state.

(D) Every licensee practicing in the state of Ohio must publicly and prominently display their license to practice chiropractic in the state of Ohio or a copy thereof in all facilities in which the licensee practices and/or provides health related services.

(E) If a licensee holds an active certificate to practice acupuncture issued under Chapter 4734. of the Revised Code, the licensee must publicly and prominently display their certificate to practice acupuncture or a copy thereof in all facilities in which the licensee practices and/or provides acupuncture services.

(F) No licensee who holds a certificate to practice acupuncture issued under Chapter 4734. of the Revised Code shall utilize any title, initials or abbreviations contained in section 4762.08 of the Revised Code on any sign.

Last updated December 29, 2025 at 7:49 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-9-04 Ownership of chiropractic practices.

(A) A licensee may practice chiropractic as an agent, employee, associate, owner, contractor, officer, shareholder, director, member or manager of a sole proprietorship, partnership, limited partnership, limited liability company, corporation, professional corporation, not for profit corporation, unincorporated association, or any other form of business legal in the state of Ohio.

(B) Without regard to what form of business in which a chiropractic practice is organized, all chiropractic practices must have an Ohio licensed chiropractic physician who is responsible for any facet of the practice that deals with patient care, patient billing or advertising. Any unlicensed person with an ownership interest in a chiropractic practice may have access to financial data about the practice. However, the unlicensed owner must keep any patient information confidential in accordance with and as required by law.

(C) Trusts: Any trust that owns or operates a chiropractic practice(s) must be operated by a trustee who is an Ohio licensed chiropractic physician.

Last updated December 29, 2025 at 7:49 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-9-05 Confidentiality.

(A) Except when a release has been properly executed by a patient, every licensee must maintain the confidentiality of patient information, except when otherwise required by law.

(B) Every licensee must ensure that there is a system in place to protect the confidentiality of patient records and information, including instructing staff members and vendors on their legal obligations to safeguard confidential information.

(C) Every licensee must comply with other applicable state and federal laws concerning the confidentiality of patient information.

Last updated December 29, 2025 at 7:49 AM

History

Effective: December 25, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4734-9-06 Sexual misconduct.