Ohio Revised Code Section 4779.33 requires the Secretary of the State Board of Orthotics, Prosthetics and Pedorthics to enforce the provisions of the Practice Act, and to engage in an investigative process appropriate to the complaint and the facts that may be known or discovered.
Any person may report to the Board any information that appears to show a violation of any provision of Chapter 4779 of the Ohio Revised Code or any rule of the Board. Ohio Revised Code Section 4779.32 requires complaints to be submitted in writing, and any complaint submitted must present facts that can be "verified" by another identified party.
Information received by the Board in the course of any investigation is not confidential except under very limited circumstances. The Board's public record policies are governed by Ohio Revised Code Section 149.43. Detailed information about Ohio Public Records law is available in the Yellow Book published by the Office of the Ohio Attorney General.
TYPES OF COMPLAINTS WHICH CAN BE ADDRESSED BY THE BOARD:
The Board investigates complaints of violations of Chapter 4779 of the Ohio Revised Code or any rule of the Board. The basis for any disciplinary action against a licensee or applicant for licensure must be recognized under the language of Ohio Revised Code Section 4779.28. Causes of action include:
- Fraud or misrepresentation in applying for or renewing a license to practice.
- Conviction of or a plea of guilty to a felony or a misdemeanor involving moral turpitude.
- Performing duties beyond the scope of practice of the license held
- Impairment of the ability to practice because of drug or alcohol abuse, or because of physical or mental illness
- Obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice
- Failing to practice in accordance with generally accepted minimum standards of safe practice and care
- Failing to meet continuing education requirements
TYPES OF COMPLAINTS THAT CANNOT BE ADDRESSED BY THE BOARD:
- Complaints regarding billing practices or financial terms for which the complainant seeks monetary relief.
- Employer / Employee Disputes
- Complaints regarding a physician - Please contact the Ohio Medical Board
HOW TO FILE A COMPLAINT:
Pursuant to Section 4779.32 of the Ohio Revised Code, "If any person makes an allegation against an individual who holds a license issued under this chapter, the allegation shall be reduced to writing and verified by a person who is familiar with the facts underlying the allegation." Complaint forms can be obtained on our website. If you do not have a printer, you may also contact us at 614-466-1157 and request that a complaint form be mailed to you. Completed forms can be returned via mail (77 S. High St., Columbus, OH 43215), fax (614-387-7347) or scanned to email.
Information received by the Board in the course of any investigation is not confidential except under very limited circumstances. The Board's public record policies are governed by Ohio Revised Code Section 149.43. Detailed information about Ohio Public Records law is available in the Yellow Book published by the Office of the Ohio Attorney General. Information that is confidential under other legal provisions (medical information, professionally privileged communications, certain law enforcement records, etc.) may maintain its confidential and protected status when obtained by the Board in the course of an investigation.
A complaintant may request ID confidentiality and the Board may provide ID confidentiality to a complainant if the promise of confidentiality is necessary to obtain the information offered or requested.
A complainant who believes s/he needs full confidentiality because of possible endangerment to life or physical safety should disclose that information when filing the complaint or when speaking with a complaint investigator.
To protect confidential personal information (CPI) and to ensure that every complaint brought to the Board's attention is reviewed, each complaint is assigned a case number. Complaints are then reviewed with the Secretary or designee to determine whether the Board has the legal authority or jurisdiction to act on the complaint.
The Board only has the legal authority to investigate cases that indicate that there has been a violation of the law or rules governing the practice of orthotics, prosthetics and/or pedorthics. Although all complaints are evaluated and are helpful to the Board's understanding of issues and problems in the consumer-professional relationship, most complaints do not result in formal disciplinary action.
After initial review of the complaint and usually after some fact-finding has occurred, if it is determined that the Board does not have jurisdiction, the complaint file may be closed. If the Board does have jurisdiction, then a determination will be made as to whether further investigation is needed prior to review by the Board for possible remediation, disciplinary action, or referral.
The Board, in the course of an investigation, may obtain records or seek information through interviews with the complaintant and/or other individuals relevant to the complaint. In addition, hospitals, pharmacies, and other healthcare facilities or providers of care may also be contacted. The Board has limited subpeona authority and will utilize this power when necessary.
For more information on the laws and rules governing complaints, please see:
§ 4779.32 Allegation against licensee.
§ 4779.33 Enforcement of laws; investigations.
§ 4779.99 Penalties.
§ 4779.28 Grounds for disciplinary actions; investigations.
§ 4779.29 License suspension without adjudicatory hearing.