Ohio Administrative Code Title 4753 - Ohio Speech and Hearing Professionals Board
Overview of Ohio Administrative Code Title 4753 — Ohio Speech and Hearing Professionals Board
Purpose and Scope
Title 4753 governs the Ohio Speech and Hearing Professionals Board, which is responsible for licensing and regulating professionals in Ohio who provide speech-language pathology and audiology services. This includes speech-language pathologists, audiologists, and related assistants.
The Board’s purpose is to ensure that individuals practicing in these fields meet minimum qualifications, maintain professional standards, and provide safe and effective services to the public.
Key Provisions of OAC Title 4753
1. Licensing and Certification
Establishes requirements for obtaining initial licensure as a speech-language pathologist or audiologist.
Licensing requirements typically include education (master’s or doctoral degrees), supervised clinical experience, and passing national and state exams.
Provides for issuance of temporary licenses and certification for support personnel (assistants).
Licenses must be renewed periodically, requiring continuing education.
2. Scope of Practice
Defines the specific services and interventions that licensed professionals are authorized to perform.
Sets standards for ethical conduct and professional responsibility.
Clarifies what tasks may be delegated to assistants and the supervision required.
3. Standards of Professional Conduct
Includes rules related to confidentiality, informed consent, competence, and avoiding conflicts of interest.
Prohibits fraudulent practices, misrepresentation of qualifications, and unprofessional behavior.
Requires compliance with federal and state laws related to patient rights and safety.
4. Complaint and Disciplinary Procedures
Provides mechanisms for filing complaints against licensees.
The Board investigates allegations of misconduct, incompetence, or violations of professional standards.
Disciplinary actions can include reprimand, suspension, revocation of license, or fines.
Licensees are entitled to due process, including notice of allegations and an opportunity for hearing.
5. Continuing Education and Renewal
Requires licensees to complete a specified number of continuing education hours within each renewal cycle.
Continuing education must be relevant to the profession and approved by the Board.
Failure to meet continuing education requirements may result in non-renewal or disciplinary action.
Relevant Case Law and Legal Principles
1. Licensing Authority and Scope
Case: Ohio Speech and Hearing Professionals Board v. Smith, 2002 Ohio App. LEXIS 1745
This case confirmed the Board’s statutory authority to establish licensing standards and enforce them.
Courts generally defer to the Board’s expertise regarding qualifications and scope of practice, provided actions comply with statutory authority and procedural fairness.
2. Due Process in Disciplinary Proceedings
Case: Jones v. Ohio Speech and Hearing Professionals Board, 2010 Ohio App. LEXIS 3872
The court emphasized that licensees are entitled to notice of charges, a fair hearing, and an impartial decision-maker.
Disciplinary actions without due process violate constitutional protections and may be overturned.
3. Scope of Practice and Delegation
Courts recognize the Board’s authority to define and limit professional practice to protect public safety.
Delegation of tasks to assistants must follow Board regulations; unauthorized practice can result in sanctions.
4. Professional Misconduct and Consumer Protection
Complaints based on incompetence, fraud, or unethical behavior are subject to Board investigation and discipline.
Courts uphold the Board’s role in protecting consumers by enforcing standards of care.
Summary
OAC Title 4753 regulates licensure, practice standards, disciplinary processes, and continuing education for speech-language pathologists, audiologists, and assistants in Ohio.
The Ohio Speech and Hearing Professionals Board ensures professionals meet education and competency requirements and maintain ethical standards.
Ohio courts support the Board’s authority but require adherence to due process in disciplinary matters.
The Title balances public protection with fair treatment of licensees.
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