4731-10-08 Evidence of continuing medical education.

(A) Each applicant for license registration or license reinstatement shall certify that the applicant has completed the requisite hours of since the start of the registration period, staggered registration period, or volunteer registration period. This certification shall be evidence of completion of the CME requirement as set forth in section 4731.281 of the Revised Code, and this chapter of the Administrative Code, provided that:

(1) The board may randomly select applications for verification that all CME requirements have been met. Licensees whose applications are selected shall submit additional documentation of compliance with CME requirements as the board may require.

(2) Applicants and licensees have a continuing obligation to keep detailed records of CME hours taken. Each applicant or licensee shall be responsible for and shall retain written verification obtained from the sponsoring entity of attendance at category 1 CME programs. Written verification shall include a description of the CME activity, the location of the CME activity, the dates of attendance, the hours of each CME activity, and the category of CME. Each applicant or licensee shall retain written documentation of category 2 CME completed during the registration period or staggered registration period. Records of all CME undertaken shall be retained by the licensee for one year after the end of the registration period or staggered registration period.

(3) All records of CME activity shall be kept available for the board to review upon request. Applicants and licensees shall not destroy or otherwise make unavailable written documentation of CME activity after the board has requested verification of CME pursuant to this rule or section 4731.22 of the Revised Code. Upon verification that all CME requirements have been met, the board shall provide written notice to the applicant or licensee that the requested records may be destroyed.

(B) Failure to maintain records rebuts the presumption established in paragraph (A) of this rule that the CME requirements have been completed.

(C) Nothing in this rule shall limit the board's authority to investigate and take action under section 4731.22 of the Revised Code.

HISTORY: Eff 5-16-83; 10-31-96; 6-8-98
Rule promulgated under: RC Chapter 119 .
Rule authorized by: RC 4731.05 , 4731.295
Rule amplifies: RC 4731.22 , 4731.281 , 4731.295 119.032 Rule Review Date: 3/25/01

CASE NOTES AND OAG

1. (1991) Ohio Adm. Code 4731-10-08(A)(2)(f) does not create an irrebuttable presumption against an applicant for license registration; the applicant need only retain any available documentation of the completion of CME activity: Nusbaum v. State Med. Board of Ohio, No. 90AP-1376 (10th Dist.), 1991 Ohio App. LEXIS 2897 .


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Containing legislation passed and filed through August 1, 2000.