(A) An applicant for an initial
license or certificate to practice or for a
restored
license or certificate to practice
pursuant to Chapter
4730., 4731.,
4759., 4760,
4761.,
or 4762.
, 4774., or
4778. of the Revised Code, shall submit fingerprints, required forms, and
required fees to BCI for completion of BCI and FBI criminal records checks.
(1) An applicant who is present in Ohio shall
use the services of an entity that has been designated by the Ohio attorney
general to participate in the "National WebCheck" program (available at
http://www.ohioattorneygeneral.gov/)
,
and pay any
processing fee charged by the entity,
and cause the
entity to submit both of the following to BCI, with the "State Medical
Board of Ohio" designated to receive the results:
(a) The applicant's electronic
fingerprints; and
(b) The applicant's payment of fees
for the BCI and FBI criminal records checks.
(2) An applicant who resides in a state or
jurisdiction other than Ohio shall either appear in Ohio in order to comply
with the requirements of paragraph (A)(1) of this rule or request that the
board
send
provide the forms required
for
to complete the
criminal records checks
to the applicant's
address.
Upon receipt of the forms, the applicant shall have
their
his or
her fingerprints processed,
processed and pay any applicable processing fees charged by the entity, and cause the entity to submit to BCI
all of the following, with the "State Medical Board of Ohio" designated to
receive the results:
.
(a) A fingerprint card bearing
prints of the applicant's ten fingers;
(b) The applicant's completed
request for exemption from the electronic fingerprint submission requirement;
and
(c) The applicant's payment of fees
for the BCI and FBI criminal records checks.
(B) The board shall maintain the
criminal records check reports in a manner that ensures the confidentiality of
the results, prevents disclosure pursuant to a public records request, and
complies with applicable state and federal requirements.
(C) The board shall not accept the results of
a criminal records check submitted by an entity other than BCI.
(D) In reviewing the results of criminal
records checks to determine whether the applicant should be granted an initial
or restored certificate to practice, the board may consider all of the
following:
(1) The nature and seriousness of
the crime;
(2) The extent of the
applicant's past criminal activity;
(3) The age of the applicant when the crime
was committed;
(4) The amount of
time that has elapsed since the applicant's last criminal activity;
(5) The conduct and work activity of the
applicant before and after the criminal activity;
(6) Whether the applicant has completed the
terms of any probation or deferred adjudication;
(7) Evidence of the applicant's
rehabilitation;
(8) Whether the
applicant fully disclosed the arrest or conviction to the board; and
(9) Any other factors the board considers
relevant.
Replaces: 4730-3-02, 4759-4-11, 4761-5-07, 4774-2-02,
4778-2-02
Notes
Ohio Admin. Code
4731-4-02
Effective:
9/30/2019
Five Year Review (FYR) Dates:
7/5/2019 and
09/30/2024
Promulgated
Under: 119.03
Statutory
Authority: 4730.07,
4731.05,
4759.05,
4760.19,
4761.03,
4762.19,
4774.11,
4776.03,
4778.12
Rule
Amplifies: 4730.101,
4730.14,
4730.28,
4731.08,
4731.171,
4731.222,
4731.281,
4731.296,
4731.531,
4759.061,
4759.062,
4760.032,
4760.06,
4761.051,
4761.06,
4762.031,
4762.06,
4774.031,
4774.06,
4776.03,
4778.04,
4778.07
Prior
Effective Dates: 08/15/2008, 09/30/2008, 02/28/2009, 07/06/2009, 10/31/2013,
12/31/2013, 06/30/2014, 11/30/2016, 09/30/2018, 02/28/2019,
04/30/2019
