Ohio Code 4757.36 – Disciplinary actions
(A) The appropriate professional standards committee of the counselor, social worker, and marriage and family therapist board may, in accordance with Chapter 119 of the Revised Code, take any action specified in division (B) of this section for any reason described in division (C) of this section against an individual who has applied for or holds a license issued under this chapter; a master’s level counselor trainee, social worker trainee, or marriage and family therapist trainee; or an individual or entity that is registered, or has applied for registration, in accordance with rules adopted under section 4757.33 of the Revised Code to provide continuing education programs approved by the board.
Terms Used In Ohio Code 4757.36
- Allegation: something that someone says happened.
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Art therapy: includes therapeutic intervention to facilitate alternative modes of receptive and expressive communication and evaluation and assessment to define and implement art-based treatment plans to address cognitive, behavioral, developmental, and emotional needs. See Ohio Code 4757.01
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Marriage and family therapy: means the diagnosis, evaluation, assessment, counseling, management and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of marriage and family systems, through the professional application of marriage and family therapies and techniques. See Ohio Code 4757.01
- Music therapy: means the clinical use of music interventions by an individual to accomplish individualized goals within a therapeutic relationship through an individualized music therapy treatment plan developed for a client. See Ohio Code 4757.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Rule: includes regulation. See Ohio Code 1.59
- Scope of practice: means the services, methods, and techniques in which and the areas for which a person licensed or registered under this chapter is trained and qualified. See Ohio Code 4757.01
- state: means the state of Ohio. See Ohio Code 1.59
(B) In its imposition of sanctions against an individual or entity specified in division (A) of this section, the board may do any of the following:
(1) Refuse to issue or refuse to renew a license or certificate of registration;
(2) Suspend, revoke, or otherwise restrict a license or certificate of registration;
(3) Reprimand an individual holding a license or certificate of registration;
(4) Except as otherwise provided in division (J) of this section, impose a fine in accordance with the graduated system of fines established by the board in rules adopted under section 4757.10 of the Revised Code;
(5) Require an individual holding a license or certificate of registration to take corrective action courses.
(C) The appropriate professional standards committee of the board may take an action specified in division (B) of this section for any of the following reasons:
(1) Commission of an act that violates any provision of this chapter or rules adopted under it;
(2) Knowingly making a false statement on an application for licensure or registration, or for renewal of a license or certificate of registration;
(3) Accepting a commission or rebate for referring persons to any professionals licensed, certified, or registered by any court or board, commission, department, division, or other agency of the state, including, but not limited to, individuals practicing counseling, social work, marriage and family therapy, art therapy, and music therapy or practicing in fields related to counseling, social work, marriage and family therapy, art therapy, and music therapy;
(4) A failure to comply with section 4757.13 of the Revised Code;
(5) A conviction in this or any other state of a crime that is a felony in this state;
(6) A failure to perform properly as a licensed professional clinical counselor, licensed professional counselor, independent marriage and family therapist, marriage and family therapist, social work assistant, social worker, independent social worker, art therapist, or music therapist due to the use of alcohol or other drugs or any other physical or mental condition;
(7) A conviction in this state or in any other state of a misdemeanor committed in the course of practice as a licensed professional clinical counselor, licensed professional counselor, independent marriage and family therapist, marriage and family therapist, social work assistant, social worker, independent social worker, art therapist, or music therapist;
(8) Practicing outside the scope of practice applicable to that person;
(9) Practicing in violation of the supervision requirements specified under sections 4757.21 and 4757.26, and division (E) of section 4757.30, of the Revised Code;
(10) A violation of the person’s code of ethical practice adopted by rule of the board pursuant to section 4757.11 of the Revised Code;
(11) Revocation or suspension of a license or certificate of registration, other disciplinary action against a license holder or registration, or the voluntary surrender of a license or certificate of registration in another state or jurisdiction for an offense that would be a violation of this chapter;
(12) Commission of a second or subsequent violation of division (B)(1) of section 959.07 or any violation of division (C) of section 959.09 of the Revised Code.
(D) Notwithstanding any provision of divisions (A) to (C) of this section to the contrary, the board shall not refuse to issue a license or certificate of registration to an applicant because of a criminal conviction unless the refusal is in accordance with section 9.79 of the Revised Code.
(E) A disciplinary action under division (B) of this section shall be taken pursuant to an adjudication under Chapter 119 of the Revised Code, except that in lieu of an adjudication, the appropriate professional standards committee may enter into a consent agreement with an individual or entity specified in division (A) of this section to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by the appropriate professional standards committee, constitutes the findings and order of the board with respect to the matter addressed in the agreement. If a committee refuses to ratify a consent agreement, the admissions and findings contained in the consent agreement are of no force or effect.
(F) In any instance in which a professional standards committee of the board is required by Chapter 119 of the Revised Code to give notice of the opportunity for a hearing and the individual or entity subject to the notice does not timely request a hearing in accordance with section 119.07 of the Revised Code, the committee may adopt a final order that contains the board’s findings. In that final order, the committee may order any of the sanctions identified in division (B) of this section.
(G) One year or more after the date of suspension or revocation of a license or certificate of registration under this section, application may be made to the appropriate professional standards committee for reinstatement. The committee may approve or deny an application for reinstatement. If a license has been suspended or revoked, the committee may require an examination for reinstatement.
(H) On request of the board, the attorney general shall bring and prosecute to judgment a civil action to collect any fine imposed under division (B)(4) of this section that remains unpaid.
(I) All fines collected under division (B)(4) of this section shall be deposited into the state treasury to the credit of the occupational licensing and regulatory fund.
(J) A board shall impose a fine under division (B)(4) of this section for a violation specified in division (C)(12) of this section as follows:
(1) One hundred dollars for a second violation of division (B)(1) of section 959.07 of the Revised Code or a first violation of division (C) of section 959.09 of the Revised Code;
(2) Five hundred dollars for any subsequent violation of division (B)(1) of section 959.07 or division (C) of section 959.09 of the Revised Code.
(K) Notwithstanding any provision of this section to the contrary, for a first violation of division (B)(1) of section 959.07 of the Revised Code, the board shall issue a confidential written warning and shall not take any other disciplinary action under this section. The board shall include in the warning an explanation of the violation and the reporting requirement specified under section 959.07 of the Revised Code.
Last updated October 3, 2023 at 1:25 PM