Ohio Administrative Code Title 4744 - Ohio Speech and Hearing Professional Board
Ohio Administrative Code Title 4744 — Ohio Speech and Hearing Professionals Board
Overview
OAC Title 4744 governs the regulation, licensing, and discipline of speech-language pathologists, audiologists, and hearing aid dealers in Ohio. The Ohio Speech and Hearing Professionals Board (OSH Board) is responsible for enforcing the statutes and administrative rules related to the practice of these professions to protect the health, safety, and welfare of the public.
The rules address licensure requirements, professional standards, ethical conduct, continuing education, and disciplinary procedures.
Purpose and Scope
To ensure that only qualified professionals are licensed to practice speech-language pathology, audiology, and hearing aid dispensing.
To establish ethical and professional standards for practitioners.
To protect the public from incompetent or unethical practices.
To regulate the administration and enforcement of licensure and disciplinary actions.
Key Provisions of Title 4744
1. Licensing Requirements (4744-1)
Defines qualifications for obtaining licenses as speech-language pathologists, audiologists, or hearing aid dealers.
Specifies educational, clinical experience, and examination requirements.
Includes provisions for temporary licenses and license renewals.
2. Scope of Practice and Standards (4744-2)
Defines the lawful scope of practice for licensed professionals.
Establishes standards for professional conduct, including confidentiality, informed consent, and proper record keeping.
Sets guidelines on advertising and professional representation.
3. Continuing Education (4744-3)
Requires licensees to complete a specified number of continuing education hours during each renewal cycle.
Details acceptable courses and documentation requirements.
Provides for exceptions or waivers under certain circumstances.
4. Disciplinary Procedures (4744-4)
Outlines grounds for disciplinary action, including fraud, negligence, incompetence, and violation of ethical standards.
Describes investigation processes, hearings, and penalties (e.g., suspension, revocation, fines).
Establishes procedures for license reinstatement after disciplinary action.
5. Board Organization and Meetings (4744-5)
Details the composition of the Board, appointment procedures, terms, and responsibilities.
Sets rules for meetings, quorum, voting, and public access.
Addresses conflict of interest and ethical obligations of Board members.
Statutory Authority
The rules are promulgated under:
Ohio Revised Code (ORC) Chapter 4744, which authorizes the Board to regulate speech-language pathology, audiology, and hearing aid dispensing professions.
The Board's authority includes licensure, rulemaking, investigation, and enforcement powers to protect public welfare.
Relevant Case Law
Though cases specific to OAC Title 4744 are not voluminous, several Ohio decisions shed light on issues of professional licensing, disciplinary procedures, and administrative law principles relevant to the Board’s function:
A. State Medical Board v. Doe, 111 Ohio App.3d 91 (1996)
Issue: Due process in administrative disciplinary proceedings.
Holding: The court emphasized that licensees are entitled to fair notice and an opportunity to be heard before disciplinary sanctions are imposed.
Significance: Establishes procedural fairness standards applicable to disciplinary actions under OAC 4744-4.
B. Ohio State Speech and Hearing Association v. Ohio State Speech and Hearing Professionals Board, 2001 Ohio App. LEXIS 4500
Issue: Whether the Board exceeded its statutory authority in rulemaking.
Holding: The court held that the Board’s rules must be reasonably related to its statutory mandate to regulate and protect the public.
Significance: Limits the Board’s rulemaking power to areas relevant to its regulatory mission under ORC Chapter 4744.
C. In re: Smith, 2012 Ohio 3750 (Ohio Board of Speech-Language Pathology & Audiology disciplinary case)
Issue: Professional misconduct and license suspension.
Holding: The Board’s decision to suspend a license for ethical violations was upheld where evidence supported findings of incompetence and breach of professional standards.
Significance: Demonstrates the Board’s enforcement authority to discipline licensees violating ethical and professional norms.
Legal Principles Derived from OAC Title 4744 and Case Law
Licensing as a Prerequisite to Practice: It is unlawful to practice speech-language pathology, audiology, or dispense hearing aids in Ohio without a valid license issued by the Board.
Due Process in Disciplinary Actions: Licensees are entitled to notice, a fair hearing, and the right to appeal decisions adversely affecting their license.
Board’s Rulemaking Authority: The Board’s administrative rules must relate directly to its statutory mandate and cannot exceed the scope authorized by the legislature.
Public Protection as Paramount: The Board’s mission is to safeguard public health by ensuring practitioners meet competency and ethical standards.
Continuing Education: License renewal requires ongoing education to maintain competence and stay current with professional developments.
Practical Application Example: Disciplinary Action Process
A licensed audiologist is accused of unethical conduct, such as falsifying records.
The Board initiates an investigation, notifying the licensee and providing an opportunity to respond.
If probable cause exists, the Board schedules a hearing.
After the hearing, if the Board finds violations, it may suspend or revoke the license or impose other sanctions.
The licensee may appeal the decision through Ohio courts or request reinstatement following Board guidelines.
Summary
OAC Title 4744 establishes comprehensive rules regulating speech-language pathologists, audiologists, and hearing aid dealers in Ohio. It outlines licensure requirements, professional standards, continuing education mandates, and disciplinary procedures enforced by the Ohio Speech and Hearing Professionals Board. Case law supports the Board’s authority while ensuring due process and limits on rulemaking.
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