As Reported by the House Veterans Affairs Committee

128th General Assembly
Regular Session
2009-2010
Sub. H. B. No. 62


Representative Pryor 

Cosponsors: Representatives Book, Dodd, Domenick, Fende, Garrison, Letson, Luckie, Murray, Newcomb, Pillich, Slesnick, Ujvagi, Winburn, Yuko, Combs, Goyal 

A BILL
To amend sections 3107.014 and 4757.41 and to enact 1
section 5903.101 of the Revised Code to require 2
relevant military experience to be considered by 3
state licensing boards and agencies and by private 4
state contractors, to permit state licensing 5
entities to consider relevant military training if 6
certain criteria are met, to provide a waiver of a 7
licensure or certification fee if a veteran is 8
within six months of separation from active 9
military duty, and to eliminate certain exemptions 10
to the licensure and certification requirements 11
for counselors, social workers, and marriage and 12
family therapists.13


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3107.014 and 4757.41 be amended and 14
section 5903.101 of the Revised Code be enacted to read as 15
follows:16

       Sec. 3107.014.  (A) Except as provided in division (B) of 17
this section, only an individual who meets all of the following 18
requirements may perform the duties of an assessor under sections 19
3107.031, 3107.032, 3107.082, 3107.09, 3107.101, 3107.12, 20
5103.0324, and 5103.152 of the Revised Code:21

       (1) The individual must be in the employ of, appointed by, or 22
under contract with a court, public children services agency, 23
private child placing agency, or private noncustodial agency;24

       (2) The individual must be one of the following:25

       (a) A professional counselor, social worker, or marriage and 26
family therapist licensed under Chapter 4757. of the Revised Code;27

       (b) A psychologist licensed under Chapter 4732. of the 28
Revised Code;29

       (c) A student working to earn a four-year, post-secondary 30
degree, or higher, in a social or behavior science, or both, who 31
conducts assessor's duties under the supervision of a professional 32
counselor, social worker, or marriage and family therapist 33
licensed under Chapter 4757. of the Revised Code or a psychologist 34
licensed under Chapter 4732. of the Revised Code. Beginning July 35
1, 2009, a student is eligible under this division only if the 36
supervising professional counselor, social worker, marriage and 37
family therapist, or psychologist has completed training in 38
accordance with rules adopted under section 3107.015 of the 39
Revised Code.40

       (d) A civil service employee engaging in social work without 41
a license under Chapter 4757. of the Revised Code, as permitted by 42
division (A)(5) of section 4757.41 of the Revised CodeAn employee 43
of a court or public children services agency employed to conduct 44
the duties of an assessor;45

       (e) A former employee of a public children services agency 46
who, while so employed, conducted the duties of an assessor.47

       (3) The individual must complete training in accordance with 48
rules adopted under section 3107.015 of the Revised Code.49

       (B) An individual in the employ of, appointed by, or under 50
contract with a court prior to September 18, 1996, to conduct 51
adoption investigations of prospective adoptive parents may 52
perform the duties of an assessor under sections 3107.031, 53
3107.032, 3107.082, 3107.09, 3107.101, 3107.12, 5103.0324, and 54
5103.152 of the Revised Code if the individual complies with 55
division (A)(3) of this section regardless of whether the 56
individual meets the requirement of division (A)(2) of this 57
section.58

       (C) A court, public children services agency, private child 59
placing agency, or private noncustodial agency may employ, 60
appoint, or contract with an assessor in the county in which a 61
petition for adoption is filed and in any other county or location 62
outside this state where information needed to complete or 63
supplement the assessor's duties may be obtained. More than one 64
assessor may be utilized for an adoption.65

       (D) Not later than January 1, 2008, the department of job and 66
family services shall develop and maintain an assessor registry. 67
The registry shall list all individuals who are employed, 68
appointed by, or under contract with a court, public children 69
services agency, private child placing agency, or private 70
noncustodial agency and meet the requirements of an assessor as 71
described in this section. A public children services agency, 72
private child placing agency, private noncustodial agency, court, 73
or any other person may contact the department to determine if an 74
individual is listed in the assessor registry. An individual 75
listed in the assessor registry shall immediately inform the 76
department when that individual is no longer employed, appointed 77
by, or under contract with a court, public children services 78
agency, private child placing agency, or private noncustodial 79
agency to perform the duties of an assessor as described in this 80
section. The director of job and family services shall adopt rules 81
in accordance with Chapter 119. of the Revised Code necessary for 82
the implementation, contents, and maintenance of the registry, and 83
any sanctions related to the provision of information, or the 84
failure to provide information, that is needed for the proper 85
operation of the assessor registry.86

       Sec. 4757.41.  (A) This chapter shall not apply to the 87
following:88

       (1) A person certified by the state board of education under 89
Chapter 3319. of the Revised Code while performing any services 90
within the person's scope of employment by a board of education or 91
by a private school meeting the standards prescribed by the state 92
board of education under division (D) of section 3301.07 of the 93
Revised Code or in a program operated under Chapter 5126. of the 94
Revised Code for training individuals with mental retardation or 95
other developmental disabilities;96

       (2) Psychologists or school psychologists licensed under 97
Chapter 4732. of the Revised Code;98

       (3) Members of other professions licensed, certified, or 99
registered by this state while performing services within the 100
recognized scope, standards, and ethics of their respective 101
professions;102

       (4) Rabbis, priests, Christian science practitioners, clergy, 103
or members of religious orders and other individuals participating 104
with them in pastoral counseling when the counseling activities 105
are within the scope of the performance of their regular or 106
specialized ministerial duties and are performed under the 107
auspices or sponsorship of an established and legally cognizable 108
church, denomination, or sect or an integrated auxiliary of a 109
church as defined in federal tax regulations, paragraph (g)(5) of 110
26 C.F.R. 1.6033-2 (1995), and when the individual rendering the 111
service remains accountable to the established authority of that 112
church, denomination, sect, or integrated auxiliary;113

       (5) Any person employed in the civil service as defined in 114
section 124.01 of the Revised Code while engaging in social work 115
or professional counseling as a civil service employee;116

       (6) A student in an accredited educational institution while 117
carrying out activities that are part of the student's prescribed 118
course of study if the activities are supervised as required by 119
the educational institution and if the student does not hold 120
herself or himself out as a person licensed or registered under 121
this chapter;122

       (7) Until two years after the date the department of alcohol 123
and drug addiction services ceases to administer its process for 124
the certification or credentialing of chemical dependency 125
counselors and alcohol and other drug prevention specialists under 126
section 3793.07 of the Revised Code, as specified in division (B) 127
of that section, or in the case of an individual who has the 128
expiration date of the individual's certificate or credentials 129
delayed under section 4758.04 of the Revised Code, until the date 130
of the delayed expiration, individuals with certification or 131
credentials accepted by the department under that section who are 132
acting within the scope of their certification or credentials as 133
members of the profession of chemical dependency counseling or as 134
alcohol and other drug prevention specialists;135

       (8)(6) Individuals who hold a license or certificate under 136
Chapter 4758. of the Revised Code who are acting within the scope 137
of their license or certificate as members of the profession of 138
chemical dependency counseling or alcohol and other drug 139
prevention services;140

       (9)(7) Any person employed by the American red cross while 141
engaging in activities relating to services for military families 142
and veterans and disaster relief, as described in the "American 143
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as 144
amended;145

       (10)(8) Members of labor organizations who hold union 146
counselor certificates while performing services in their official 147
capacity as union counselors;148

       (11)(9) Any person employed in a hospital as defined in 149
section 3727.01 of the Revised Code or in a nursing home as 150
defined in section 3721.01 of the Revised Code while providing as 151
a hospital employee or nursing home employee, respectively, social 152
services other than counseling and the use of psychosocial 153
interventions and social psychotherapy.154

       (B) Divisions (A)(5), (9),(7) and (11)(9) of this section do 155
not prevent a person described in those divisions from obtaining a 156
license or certificate of registration under this chapter.157

       (C) Nothing in this chapter shall be construed to require 158
licensure or certification for a caseworker employed by a public 159
children services agency under section 5153.112 of the Revised 160
Code.161

       Sec. 5903.101. (A) Except as provided in division (B) of this 162
section, a state department, division, board, commission, agency, 163
or other state governmental unit, or a private state contractor, 164
authorized by the Revised Code to grant a licensure or 165
certification shall, upon presentation of satisfactory evidence, 166
consider relevant education, training, or service completed by an 167
individual as a member of the armed forces of the United States or 168
reserve components thereof, the national guard of any state, the 169
military reserve of any state, or the naval militia of any state 170
toward the qualifications required to receive the licensure or 171
certification.172

       (B)(1) If an individual is required to successfully complete 173
specific training or education authorized by a state or nationally 174
accredited entity as a prerequisite for obtaining a state license 175
or certification and the state or nationally accredited entity 176
accepts relevant military education, service, or training to 177
fulfill part or all of those requirements, the state department, 178
division, board, commission, agency or other state governmental 179
unit, or a private state contractor has met the duty specified in 180
division (A) of this section upon receiving proof by the 181
individual of completion of the specific training or education 182
authorized by a state or nationally accredited entity.183

       (2) An education program approved by a state department, 184
division, board, commission, agency or other state governmental 185
unit, or a private state contractor, may grant advanced standing 186
to an individual who served as a member of the armed forces of the 187
United States or reserve components thereof, the national guard of 188
any state, the military reserve of any state, or the naval militia 189
of any state for the individual's prior relevant military 190
experience and coursework, in accordance with specific written 191
policies and procedures of the education program and in accordance 192
with rules promulgated by the appropriate governmental unit or 193
contractor that permit granting advanced standing in those 194
education programs. If applicable, such advanced standing shall be 195
applied to the individual's status toward completion of an 196
education program if the individual satisfies all of the program 197
requirements adopted under the appropriate governmental unit's or 198
contractor's rules.199

       (C) If, within six months before or after discharge or 200
separation, an individual otherwise qualified to receive a 201
licensure or certification presents satisfactory evidence of 202
honorable discharge or separation under honorable conditions, the 203
state department, division, board, commission, agency, or other 204
state governmental unit, or a private state contractor, issuing 205
the licensure or certification shall waive any licensure or 206
certification fee.207

       Section 2.  That existing sections 3107.014 and 4757.41 of 208
the Revised Code are hereby repealed.209

       Section 3. Within one year after the effective date of this 210
act, the Office of Collective Bargaining within the Department of 211
Administrative Services shall implement the change by this act to 212
division (A)(5) of section 4757.41 of the Revised Code.213

       Within ninety days after the effective date of this act, the 214
Office of Collective Bargaining shall negotiate with each state 215
agency and the affected union to reach a mutually agreeable 216
resolution for employees impacted by this change.217

       Notwithstanding divisions (A) and (D) of section 124.14 of 218
the Revised Code or any other contrary provision of law, for 219
employees in the service of the state exempt from Chapter 4117. of 220
the Revised Code who are impacted by this change, the Director of 221
Administrative Services may implement any or all of the provisions 222
of the resolutions described in the preceding paragraph. Nothing 223
in this Section shall be construed as restricting the Director 224
from developing new classifications related to this change or from 225
reassigning impacted employees to appropriate classifications 226
based on the employee's duties and qualifications.227