1. (a) On a random basis 10% of the renewal applications submitted in each renewal year shall be selected for an audit of completion of the maintenance of continuing competence required by Phy 406.01.
2. (b) If the board selects the licensee for an audit, the OPLC shall notify the licensee within 30 days of the date their license is renewed.

3. (c) Audited renewal applicants who reported on the renewal application form that they completed maintenance of continuing competence before their license expired shall:

   1. (1) Submit a completed “Continuing Education Audit Form” requiring the following information for each course or activity completed:

      1. a. Type of license held by the licensee;
      2. b. Name of licensee;
      3. c. License number;
      4. d. Date form completed;
      5. e. Address of the licensee;
      6. f. Name of course or activity;
      7. g. Beginning and ending date of course or activity;
      8. h. Name of course or activity sponsor;
      9. i. Number of clinical contact hours;
      10. j. Number of non-clinical hours;
      11. k. Type of activity;
      12. l. Total number of clinical hours;
      13. m. Total number of non-clinical contact hours; and
      14. n. Total number of clinical and non-clinical contact hours;
   2. (2) Submit, with the “Continuing Education Audit Form”, proof in the form of the documentation described in Phy 406; and
   3. (3) Submit the materials in (1) and (2) above to OPLC within 30 days of the date on the letter provided on the letter notifying them they are being audited.

4. (d) Failure to submit proof of continuing education shall be as follows:

   1. (1) If the licensee being audited fails to submit documentation of completion of continuing education the board shall apply the following:

      1. a. If proof of continuing education is postmarked or hand delivered no more than 30 days after the deadline to submit the documents an administrative fine of $50.00 shall be imposed;
      2. b. If proof of continuing education is postmarked or hand delivered between 31 and 60 days after the deadline to submit the documents an administrative fine of $100.00 shall be imposed; or
      3. c. If proof of continuing education is not submitted as described in a. and b. above a notice of hearing shall be issued; and

   2. (2) A licensee who has been assessed an administrative fine for failure to submit documentation of continuing education within the deadline described in Ph 402.08 (d)(1)a. and b. above and wishes to challenge the fine the licensee shall:

      1. a. Make a written request for a hearing of the licensee’s challenge; and

      2. b. Submit this request to the OPLC;

         1. 1. Within 30 days of the board’s assessment of the administrative fine; or
         2. 2. If the applicant is on active military duty outside the United States, within 60 days of the applicant’s return to the United States or release from active duty, whichever occurs later.
5. (e) The OPLC shall forward all the materials collected for the licensee to the board. The board shall review the materials to determine if the licensee completed the maintenance of continuing education.
6. (f) If the board determines that the documents submitted pursuant to (c)(2) above do not support the renewal applicant's claim of maintenance of continuing competence, the board shall review the possibility that the renewal applicant made an error on the renewal application form or in submitting documents.
7. (g) In making the review called for by (e) above the board, through the OPLC, shall seek further information from the renewal applicant if doing so will aid in the review.

8. (h) If, having completed the review required by (e) above, the board believes that the renewal applicant made an error in reporting or in submitting documents and did not intentionally falsely report maintenance of continuing competence, the board shall:

   1. (1) Require correction of the error; or
   2. (2) If the error cannot be corrected, shall be issued a notice of hearing.
9. (i) If, having completed the review required by (f) above, the board believes that the renewal applicant has intentionally falsely reported maintenance of continuing competence, the board shall commence a disciplinary adjudicative proceeding in the manner required by Plc 200.

Source. #9456, eff 4-17-09; renumbered by #10725 (from Phy 402.07); ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 402.11)