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To amend sections 4729.12, 4729.13, 4729.15, 4731.36, | 1 |
4743.04, 5902.02, 5903.03, 5903.10, 5903.11, | 2 |
5903.12, 5903.121, 5907.01, and 5907.04 and to | 3 |
enact sections 3333.164, 3345.42, 3345.43, | 4 |
3345.44, 3345.46, 5903.01, 5903.04, and 5903.05 of | 5 |
the Revised Code to require state institutions of | 6 |
higher education to award credit for military | 7 |
training, and to make other changes regarding | 8 |
state support and benefits for veterans and their | 9 |
spouses. | 10 |
Section 1. That sections 4729.12, 4729.13, 4729.15, 4731.36, | 11 |
4743.04, 5902.02, 5903.03, 5903.10, 5903.11, 5903.12, 5903.121, | 12 |
5907.01, and 5907.04 be amended and sections 3333.164, 3345.42, | 13 |
3345.43, 3345.44, 3345.46, 5903.01, 5903.04, and 5903.05 of the | 14 |
Revised Code be enacted to read as follows: | 15 |
Sec. 3333.164. (A) As used in this section, "state | 16 |
institution of higher education" has the same meaning as in | 17 |
section 3345.011 of the Revised Code. | 18 |
(B) Not later than December 31, 2014, the chancellor of the | 19 |
Ohio board of regents shall do all of the following with regard to | 20 |
the awarding of college credit for military training, experience, | 21 |
and coursework: | 22 |
(1) Develop a set of standards and procedures for state | 23 |
institutions of higher education to utilize in the granting of | 24 |
college credit for military training, experience, and coursework; | 25 |
(2) Create a military articulation and transfer assurance | 26 |
guide for college credit that is earned through military training, | 27 |
experience, and coursework. The chancellor shall use the current | 28 |
articulation and transfer policy adopted pursuant to section | 29 |
3333.16 of the Revised Code as a model in developing this guide. | 30 |
(3) Create a web site that contains information related to | 31 |
the awarding of college credit for military training, experience, | 32 |
and coursework. The web site shall include both of the following: | 33 |
(a) Standardized resources that address frequently asked | 34 |
questions regarding the awarding of such credit and related | 35 |
issues. | 36 |
(b) A statewide database that shows how specified military | 37 |
training, experience, and coursework translates to college credit. | 38 |
(4) Develop a statewide training program that prepares | 39 |
faculty and staff of state institutions of higher education to | 40 |
evaluate various military training, experience, and coursework and | 41 |
to award appropriate equivalent credit. The training program shall | 42 |
incorporate the best practices of awarding credit for military | 43 |
experiences, including both the recommendations of the American | 44 |
council on education and the standards developed by the council | 45 |
for adult and experiential learning. | 46 |
(C) Beginning on July 1, 2015, state institutions of higher | 47 |
education shall ensure that appropriate equivalent credit is | 48 |
awarded for military training, experience, and coursework that | 49 |
meet the standards developed by the chancellor pursuant to this | 50 |
section. | 51 |
Sec. 3345.42. Not later than December 31, 2014, the board of | 52 |
trustees of each state institution of higher education, as defined | 53 |
in section 3345.011 of the Revised Code, shall do both of the | 54 |
following: | 55 |
(A) Designate at least one person employed by the institution | 56 |
to serve as the contact person for veterans affairs. This person | 57 |
shall assist and advise veterans on issues related to earning | 58 |
college credit for military training, experience, and coursework. | 59 |
(B) Adopt a policy regarding the support and assistance the | 60 |
institution will provide to veterans. | 61 |
The chancellor of the Ohio board of regents shall provide | 62 |
guidance to state institutions of higher education in their | 63 |
compliance with this section, including the recommendation of | 64 |
standardized policies on support and assistance to veterans. | 65 |
Sec. 3345.43. (A) Not later than December 31, 2014, and | 66 |
continuing thereafter, each state institution of higher education, | 67 |
as defined in section 3345.011 of the Revised Code, shall provide | 68 |
a student who is either a veteran or a service member with | 69 |
priority for course registration. | 70 |
(B) As used in this section: | 71 |
(1) "Service member" means a person who is serving in the | 72 |
armed forces of the United States. | 73 |
(2) "Veteran" means any person who has completed service in | 74 |
the armed forces, including the national guard of any state or a | 75 |
reserve component of the armed forces, and who has been discharged | 76 |
under honorable conditions from the armed forces or who has been | 77 |
transferred to the reserve with evidence of satisfactory service. | 78 |
Sec. 3345.44. Not later than December 31, 2014, the board of | 79 |
trustees or managing authority of each state institution of higher | 80 |
education, as defined in section 3345.011 of the Revised Code, | 81 |
shall establish an appeals procedure for students who are veterans | 82 |
for resolving disputes regarding the awarding of college credit | 83 |
for military experience. | 84 |
Sec. 3345.46. (A) On or after December 31, 2014, no state | 85 |
institution of higher education, as defined in section 3345.011 of | 86 |
the Revised Code, shall charge a student who is a veteran or a | 87 |
service member any fee for the evaluation of, transcription of, or | 88 |
application for college credit for military experience. | 89 |
(B) As used in this section: | 90 |
(1) "Service member" means a person who is serving in the | 91 |
armed forces of the United States. | 92 |
(2) "Veteran" means any person who has completed service in | 93 |
the armed forces, including the national guard of any state or a | 94 |
reserve component of the armed forces, and who has been discharged | 95 |
under honorable conditions from the armed forces or who has been | 96 |
transferred to the reserve with evidence of satisfactory service. | 97 |
Sec. 4729.12. An identification card issued by the state | 98 |
board of pharmacy under section 4729.08 of the Revised Code | 99 |
entitles the individual to whom it is issued to practice as a | 100 |
pharmacist or as a pharmacy intern in this state until the next | 101 |
annual renewal date. | 102 |
Identification cards shall be renewed annually on the | 103 |
fifteenth day of September, according to the standard renewal | 104 |
procedure of Chapter 4745. of the Revised Code. | 105 |
Each pharmacist and pharmacy intern shall carry the | 106 |
identification card or renewal identification card while engaged | 107 |
in the practice of pharmacy. The license shall be conspicuously | 108 |
exposed at the principal place where the pharmacist or pharmacy | 109 |
intern practices pharmacy. | 110 |
A pharmacist or pharmacy intern who desires to continue in | 111 |
the practice of pharmacy shall file with the board an application | 112 |
in such form and containing such data as the board may require for | 113 |
renewal of an identification card. An application filed under this | 114 |
section may not be withdrawn without the approval of the board. If | 115 |
the board finds that the applicant's card has not been revoked or | 116 |
placed under suspension and that the applicant has paid the | 117 |
renewal fee, has continued pharmacy education in accordance with | 118 |
the rules of the board, and is entitled to continue in the | 119 |
practice of pharmacy, the board shall issue a renewal | 120 |
identification card to the applicant. | 121 |
When an identification card has lapsed for more than sixty | 122 |
days but application is made within three years after the | 123 |
expiration of the card, the applicant shall be issued a renewal | 124 |
identification card without further examination if the applicant | 125 |
meets the requirements of this section and pays the fee designated | 126 |
under division | 127 |
Sec. 4729.13. A pharmacist who fails to make application to | 128 |
the state board of pharmacy for a renewal identification card | 129 |
within a period of three years from the expiration of the | 130 |
identification card must pass an examination for registration; | 131 |
except that a pharmacist whose registration has expired, but who | 132 |
has continually practiced pharmacy in another state under a | 133 |
license issued by the authority of that state, may obtain a | 134 |
renewal identification card upon payment to the executive director | 135 |
of the board the fee designated under division | 136 |
section 4729.15 of the Revised Code. | 137 |
Sec. 4729.15. | 138 |
this section, the state board of pharmacy shall charge the | 139 |
following fees: | 140 |
| 141 |
pharmacist, an amount adequate to cover all rentals, compensation | 142 |
for proctors, and other expenses of the board related to | 143 |
examination except the expenses of procuring and grading the | 144 |
examination, which fee shall not be returned if the applicant | 145 |
fails to pass the examination; | 146 |
| 147 |
pharmacist, an amount adequate to cover any expenses to the board | 148 |
of procuring and grading the examination or any part thereof, | 149 |
which fee shall not be returned if the applicant fails to pass the | 150 |
examination; | 151 |
| 152 |
individual who passes the examination described in section 4729.07 | 153 |
of the Revised Code, an amount that is adequate to cover the | 154 |
expense; | 155 |
| 156 |
identification card within sixty days after the expiration date, | 157 |
ninety-seven dollars and fifty cents, which fee shall not be | 158 |
returned if the applicant fails to qualify for renewal; | 159 |
| 160 |
identification card that has lapsed for more than sixty days, but | 161 |
for less than three years, one hundred thirty-five dollars, which | 162 |
fee shall not be returned if the applicant fails to qualify for | 163 |
renewal; | 164 |
| 165 |
identification card that has lapsed for more than three years, | 166 |
three hundred thirty-seven dollars and fifty cents, which fee | 167 |
shall not be returned if the applicant fails to qualify for | 168 |
renewal; | 169 |
| 170 |
identification card, on presentation of a pharmacist license | 171 |
granted by another state, three hundred thirty-seven dollars and | 172 |
fifty cents, which fee shall not be returned if the applicant | 173 |
fails to qualify for licensure. | 174 |
| 175 |
pharmacy intern, twenty-two dollars and fifty cents, which fee | 176 |
shall not be returned if the applicant fails to qualify for | 177 |
licensure; | 178 |
| 179 |
card, twenty-two dollars and fifty cents, which fee shall not be | 180 |
returned if the applicant fails to qualify for renewal; | 181 |
| 182 |
twenty-two dollars and fifty cents; | 183 |
| 184 |
intern, seven dollars and fifty cents; | 185 |
| 186 |
pharmacist, thirty-seven dollars and fifty cents, or pharmacy | 187 |
intern, seven dollars and fifty cents; | 188 |
| 189 |
licensure, ten dollars; | 190 |
| 191 |
other document filed in the state board of pharmacy office, an | 192 |
amount fixed by the board that is adequate to cover the expense, | 193 |
except that for copies required by federal or state agencies or | 194 |
law enforcement officers for official purposes, no charge need be | 195 |
made; | 196 |
| 197 |
amount fixed by the board that is adequate to cover the expense, | 198 |
except that for certifying and affixing the seal of the board to a | 199 |
document required by federal or state agencies or law enforcement | 200 |
officers for official purposes, no charge need be made; | 201 |
| 202 |
laws administered by the state board of pharmacy, rules adopted by | 203 |
the board, and chapters of the Revised Code with which the board | 204 |
is required to comply, an amount fixed by the board that is | 205 |
adequate to cover the expense of publishing and furnishing the | 206 |
book or pamphlet. | 207 |
(B)(1) Subject to division (B)(2) of this section, the fees | 208 |
described in divisions (A)(1) to (13) of this section do not apply | 209 |
to an individual who is on active duty in the armed forces of the | 210 |
United States or to an individual who served in the armed forces | 211 |
of the United States and presents a valid copy of the individual's | 212 |
DD-214 form or an equivalent document issued by the United States | 213 |
department of defense indicating that the individual is an | 214 |
honorably discharged veteran. | 215 |
(2) The state board of pharmacy may establish limits with | 216 |
respect to the individuals for whom fees are not applicable under | 217 |
division (B)(1) of this section. | 218 |
Sec. 4731.36. (A) Sections 4731.01 to 4731.47 of the Revised | 219 |
Code shall not prohibit service in case of emergency, domestic | 220 |
administration of family remedies, or provision of assistance to | 221 |
another individual who is self-administering drugs. | 222 |
Sections 4731.01 to 4731.47 of the Revised Code shall not | 223 |
apply to any of the following: | 224 |
(1) A commissioned medical officer of the armed forces of the | 225 |
United States | 226 |
227 | |
United States or the United States public health service in the | 228 |
discharge of the officer's or employee's professional duties; | 229 |
(2) A dentist authorized under Chapter 4715. of the Revised | 230 |
Code to practice dentistry when engaged exclusively in the | 231 |
practice of dentistry or when administering anesthetics in the | 232 |
practice of dentistry; | 233 |
(3) A physician or surgeon in another state or territory who | 234 |
is a legal practitioner of medicine or surgery therein when | 235 |
providing consultation to an individual holding a certificate to | 236 |
practice issued under this chapter who is responsible for the | 237 |
examination, diagnosis, and treatment of the patient who is the | 238 |
subject of the consultation, if one of the following applies: | 239 |
(a) The physician or surgeon does not provide consultation in | 240 |
this state on a regular or frequent basis. | 241 |
(b) The physician or surgeon provides the consultation | 242 |
without compensation of any kind, direct or indirect, for the | 243 |
consultation. | 244 |
(c) The consultation is part of the curriculum of a medical | 245 |
school or osteopathic medical school of this state or a program | 246 |
described in division (A)(2) of section 4731.291 of the Revised | 247 |
Code. | 248 |
(4) A physician or surgeon in another state or territory who | 249 |
is a legal practitioner of medicine or surgery therein and | 250 |
provided services to a patient in that state or territory, when | 251 |
providing, not later than one year after the last date services | 252 |
were provided in another state or territory, follow-up services in | 253 |
person or through the use of any communication, including oral, | 254 |
written, or electronic communication, in this state to the patient | 255 |
for the same condition; | 256 |
(5) A physician or surgeon residing on the border of a | 257 |
contiguous state and authorized under the laws thereof to practice | 258 |
medicine and surgery therein, whose practice extends within the | 259 |
limits of this state. Such practitioner shall not either in person | 260 |
or through the use of any communication, including oral, written, | 261 |
or electronic communication, open an office or appoint a place to | 262 |
see patients or receive calls within the limits of this state. | 263 |
(6) A board, committee, or corporation engaged in the conduct | 264 |
described in division (A) of section 2305.251 of the Revised Code | 265 |
when acting within the scope of the functions of the board, | 266 |
committee, or corporation; | 267 |
(7) The conduct of an independent review organization | 268 |
accredited by the superintendent of insurance under section | 269 |
3922.13 of the Revised Code for the purpose of external reviews | 270 |
conducted under Chapter 3922. of the Revised Code. | 271 |
As used in division (A)(1) of this section, "armed forces of | 272 |
the United States" means the army, air force, navy, marine corps, | 273 |
coast guard, and any other military service branch that is | 274 |
designated by congress as a part of the armed forces of the United | 275 |
States. | 276 |
(B)(1) Subject to division (B)(2) of this section, this | 277 |
chapter does not apply to a person who holds a current, | 278 |
unrestricted license to practice medicine and surgery or | 279 |
osteopathic medicine and surgery in another state when the person, | 280 |
pursuant to a written agreement with an athletic team located in | 281 |
the state in which the person holds the license, provides medical | 282 |
services to any of the following while the team is traveling to or | 283 |
from or participating in a sporting event in this state: | 284 |
(a) A member of the athletic team; | 285 |
(b) A member of the athletic team's coaching, communications, | 286 |
equipment, or sports medicine staff; | 287 |
(c) A member of a band or cheerleading squad accompanying the | 288 |
athletic team; | 289 |
(d) The athletic team's mascot. | 290 |
(2) In providing medical services pursuant to division (B)(1) | 291 |
of this section, the person shall not provide medical services at | 292 |
a health care facility, including a hospital, an ambulatory | 293 |
surgical facility, or any other facility in which medical care, | 294 |
diagnosis, or treatment is provided on an inpatient or outpatient | 295 |
basis. | 296 |
(C) Sections 4731.51 to 4731.61 of the Revised Code do not | 297 |
apply to any graduate of a podiatric school or college while | 298 |
performing those acts that may be prescribed by or incidental to | 299 |
participation in an accredited podiatric internship, residency, or | 300 |
fellowship program situated in this state approved by the state | 301 |
medical board. | 302 |
(D) This chapter does not apply to an oriental medicine | 303 |
practitioner or acupuncturist who complies with Chapter 4762. of | 304 |
the Revised Code. | 305 |
(E) This chapter does not prohibit the administration of | 306 |
drugs by any of the following: | 307 |
(1) An individual who is licensed or otherwise specifically | 308 |
authorized by the Revised Code to administer drugs; | 309 |
(2) An individual who is not licensed or otherwise | 310 |
specifically authorized by the Revised Code to administer drugs, | 311 |
but is acting pursuant to the rules for delegation of medical | 312 |
tasks adopted under section 4731.053 of the Revised Code; | 313 |
(3) An individual specifically authorized to administer drugs | 314 |
pursuant to a rule adopted under the Revised Code that is in | 315 |
effect on April 10, 2001, as long as the rule remains in effect, | 316 |
specifically authorizing an individual to administer drugs. | 317 |
(F) The exemptions described in divisions (A)(3), (4), and | 318 |
(5) of this section do not apply to a physician or surgeon whose | 319 |
certificate to practice issued under this chapter is under | 320 |
suspension or has been revoked or permanently revoked by action of | 321 |
the state medical board. | 322 |
Sec. 4743.04. (A) The renewal of a license or other | 323 |
authorization to practice a trade or profession issued under Title | 324 |
XLVII of the Revised Code is subject to the provisions of section | 325 |
5903.10 of the Revised Code relating to service in the armed | 326 |
forces | 327 |
328 | |
329 |
(B) Continuing education requirements applicable to the | 330 |
licensees under Title XLVII of the Revised Code are subject to the | 331 |
provisions of section 5903.12 of the Revised Code relating to | 332 |
active duty military service. | 333 |
(C) A department, agency, or office of this state or of any | 334 |
political subdivision of this state that issues a license or | 335 |
certificate to practice a trade or profession may, pursuant to | 336 |
rules adopted by the department, agency, or office, issue a | 337 |
temporary license or certificate to practice the trade or | 338 |
profession to a person whose spouse is on active military duty in | 339 |
this state. | 340 |
(D) The issuance of a license or other authorization to | 341 |
practice a trade or profession issued under Title XLVII of the | 342 |
Revised Code is subject to the provisions of section 5903.03 of | 343 |
the Revised Code relating to service in the armed forces | 344 |
345 | |
346 | |
347 |
Sec. 5902.02. The duties of the director of veterans | 348 |
services shall include the following: | 349 |
(A) Furnishing the veterans service commissions of all | 350 |
counties of the state copies of the state laws, rules, and | 351 |
legislation relating to the operation of the commissions and their | 352 |
offices; | 353 |
(B) Upon application, assisting the general public in | 354 |
obtaining records of vital statistics pertaining to veterans or | 355 |
their dependents; | 356 |
(C) Adopting rules pursuant to Chapter 119. of the Revised | 357 |
Code pertaining to minimum qualifications for hiring, certifying, | 358 |
and accrediting county veterans service officers, pertaining to | 359 |
their required duties, and pertaining to revocation of the | 360 |
certification of county veterans service officers; | 361 |
(D) Adopting rules pursuant to Chapter 119. of the Revised | 362 |
Code for the education, training, certification, and duties of | 363 |
veterans service commissioners and for the revocation of the | 364 |
certification of a veterans service commissioner; | 365 |
(E) Developing and monitoring programs and agreements | 366 |
enhancing employment and training for veterans in single or | 367 |
multiple county areas; | 368 |
(F) Developing and monitoring programs and agreements to | 369 |
enable county veterans service commissions to address | 370 |
homelessness, indigency, and other veteran-related issues | 371 |
individually or jointly; | 372 |
(G) Developing and monitoring programs and agreements to | 373 |
enable state agencies, individually or jointly, that provide | 374 |
services to veterans, including the veterans' homes operated under | 375 |
Chapter 5907. of the Revised Code and the director of job and | 376 |
family services, to address homelessness, indigency, employment, | 377 |
and other veteran-related issues; | 378 |
(H) Establishing and providing statistical reporting formats | 379 |
and procedures for county veterans service commissions; | 380 |
(I) Publishing electronically a listing of county veterans | 381 |
service offices and county veterans service commissioners. The | 382 |
listing shall include the expiration dates of commission members' | 383 |
terms of office and the organizations they represent; the names, | 384 |
addresses, and telephone numbers of county veterans service | 385 |
offices; and the addresses and telephone numbers of the Ohio | 386 |
offices and headquarters of state and national veterans service | 387 |
organizations. | 388 |
(J) Establishing a veterans advisory committee to advise and | 389 |
assist the department of veterans services in its duties. Members | 390 |
shall include a member of the national guard association of the | 391 |
United States who is a resident of this state, a member of the | 392 |
military officers association of America who is a resident of this | 393 |
state, a state representative of congressionally chartered | 394 |
veterans organizations referred to in section 5901.02 of the | 395 |
Revised Code, a representative of any other congressionally | 396 |
chartered state veterans organization that has at least one | 397 |
veterans service commissioner in the state, three representatives | 398 |
of the Ohio state association of county veterans service | 399 |
commissioners, who shall have a combined vote of one, three | 400 |
representatives of the state association of county veterans | 401 |
service officers, who shall have a combined vote of one, one | 402 |
representative of the county commissioners association of Ohio, | 403 |
who shall be a county commissioner not from the same county as any | 404 |
of the other county representatives, a representative of the | 405 |
advisory committee on women veterans, a representative of a labor | 406 |
organization, and a representative of the office of the attorney | 407 |
general. The department of veterans services shall submit to the | 408 |
advisory committee proposed rules for the committee's operation. | 409 |
The committee may review and revise these proposed rules prior to | 410 |
submitting them to the joint committee on agency rule review. | 411 |
(K) Adopting, with the advice and assistance of the veterans | 412 |
advisory committee, policy and procedural guidelines that the | 413 |
veterans service commissions shall adhere to in the development | 414 |
and implementation of rules, policies, procedures, and guidelines | 415 |
for the administration of Chapter 5901. of the Revised Code. The | 416 |
department of veterans services shall adopt no guidelines or rules | 417 |
regulating the purposes, scope, duration, or amounts of financial | 418 |
assistance provided to applicants pursuant to sections 5901.01 to | 419 |
5901.15 of the Revised Code. The director of veterans services may | 420 |
obtain opinions from the office of the attorney general regarding | 421 |
rules, policies, procedures, and guidelines of the veterans | 422 |
service commissions and may enforce compliance with Chapter 5901. | 423 |
of the Revised Code. | 424 |
(L) Receiving copies of form DD214 filed in accordance with | 425 |
the director's guidelines adopted under division (L) of this | 426 |
section from members of veterans service commissions appointed | 427 |
under section 5901.02 and from county veterans service officers | 428 |
employed under section 5901.07 of the Revised Code; | 429 |
(M) Developing and maintaining and improving a resource, such | 430 |
as a telephone answering point or a web site, by means of which | 431 |
veterans and their dependents, through a single portal, can access | 432 |
multiple sources of information and interaction with regard to the | 433 |
rights of, and the benefits available to, veterans and their | 434 |
dependents. The director of veterans services may enter into | 435 |
agreements with state and federal agencies, with agencies of | 436 |
political subdivisions, with state and local instrumentalities, | 437 |
and with private entities as necessary to make the resource as | 438 |
complete as is possible. | 439 |
(N) Planning, organizing, advertising, and conducting | 440 |
outreach efforts, such as conferences and fairs, at which veterans | 441 |
and their dependents may meet, learn about the organization and | 442 |
operation of the department of veterans services and of veterans | 443 |
service commissions, and obtain information about the rights of, | 444 |
and the benefits and services available to, veterans and their | 445 |
dependents; | 446 |
(O) Advertising, in print, on radio and television, and | 447 |
otherwise, the rights of, and the benefits and services available | 448 |
to, veterans and their dependents; | 449 |
(P) Developing and advocating improved benefits and services | 450 |
for, and improved delivery of benefits and services to, veterans | 451 |
and their dependents; | 452 |
(Q) Searching for, identifying, and reviewing statutory and | 453 |
administrative policies that relate to veterans and their | 454 |
dependents and reporting to the general assembly statutory and | 455 |
administrative policies that should be consolidated in whole or in | 456 |
part within the organization of the department of veterans | 457 |
services to unify funding, delivery, and accounting of statutory | 458 |
and administrative policy expressions that relate particularly to | 459 |
veterans and their dependents; | 460 |
(R) Encouraging veterans service commissions to innovate and | 461 |
otherwise to improve efficiency in delivering benefits and | 462 |
services to veterans and their dependents and to report successful | 463 |
innovations and efficiencies to the director of veterans services; | 464 |
(S) Publishing and encouraging adoption of successful | 465 |
innovations and efficiencies veterans service commissions have | 466 |
achieved in delivering benefits and services to veterans and their | 467 |
dependents; | 468 |
(T) Establishing advisory committees, in addition to the | 469 |
veterans advisory committee established under division (K) of this | 470 |
section, on veterans issues; | 471 |
(U) Developing and maintaining a relationship with the United | 472 |
States department of veterans affairs, seeking optimal federal | 473 |
benefits and services for Ohio veterans and their dependents, and | 474 |
encouraging veterans service commissions to maximize the federal | 475 |
benefits and services to which veterans and their dependents are | 476 |
entitled; | 477 |
(V) Developing and maintaining relationships with the several | 478 |
veterans organizations, encouraging the organizations in their | 479 |
efforts at assisting veterans and their dependents, and advocating | 480 |
for adequate state subsidization of the organizations; | 481 |
(W) Requiring the several veterans organizations that receive | 482 |
funding from the state annually, not later than the thirtieth day | 483 |
of July, to report to the director of veterans services and | 484 |
prescribing the form and content of the report; | 485 |
(X) Reviewing the reports submitted to the director under | 486 |
division (W) of this section within thirty days of receipt and | 487 |
informing the veterans organization of any deficiencies that exist | 488 |
in the organization's report and that funding will not be released | 489 |
until the deficiencies have been corrected and a satisfactory | 490 |
report submitted; | 491 |
(Y) Advising the director of budget and management when a | 492 |
report submitted to the director under division (W) of this | 493 |
section has been reviewed and determined to be satisfactory; | 494 |
(Z) Furnishing copies of all reports that the director of | 495 |
veterans services has determined have been submitted | 496 |
satisfactorily under division (W) of this section to the | 497 |
chairperson of the finance committees of the general assembly; | 498 |
(AA) Investigating complaints against county veterans | 499 |
services commissioners and county veterans service officers if the | 500 |
director reasonably believes the investigation to be appropriate | 501 |
and necessary; | 502 |
(BB) Developing and maintaining a web site that is accessible | 503 |
by veterans and their dependents and provides a link to the web | 504 |
site of each state agency that issues a license, certificate, or | 505 |
other authorization permitting an individual to engage in an | 506 |
occupation or occupational activity; | 507 |
(CC) Encouraging state agencies to conduct outreach efforts | 508 |
through which veterans and their dependents can learn about | 509 |
available job and education benefits; | 510 |
(DD) Informing state agencies about changes in statutes and | 511 |
rules that affect veterans and their dependents; | 512 |
(EE) Assisting licensing agencies in adopting rules under | 513 |
section 5903.03 of the Revised Code; | 514 |
(FF) Taking any other actions required by this chapter. | 515 |
Sec. 5903.01. As used in this chapter: | 516 |
"Armed forces" means the armed forces of the United States, | 517 |
including the army, navy, air force, marine corps, coast guard, or | 518 |
any reserve components of those forces; the national guard of any | 519 |
state; the commissioned corps of the United States public health | 520 |
service; the merchant marine service during wartime; such other | 521 |
service as may be designated by congress; or the Ohio organized | 522 |
militia when engaged in full-time national guard duty for a period | 523 |
of more than thirty days. | 524 |
"License" means a license, certificate, permit, or other | 525 |
authorization issued or conferred by a licensing agency under | 526 |
which a licensee may engage in a profession, occupation, or | 527 |
occupational activity. | 528 |
"Licensee" means a person to whom all of the following apply: | 529 |
(A) The person has been issued a license by a licensing | 530 |
agency. | 531 |
(B) The person has been a member of the armed forces. | 532 |
(C) The person has served on active duty, whether inside or | 533 |
outside the United States, for a period in excess of thirty-one | 534 |
days. | 535 |
"Licensing agency" means any state department, division, | 536 |
board, commission, agency, or other state governmental unit | 537 |
authorized by the Revised Code to issue a license. | 538 |
"Member" means any person who is serving in the armed forces. | 539 |
"Merchant marine" includes the United States army transport | 540 |
service and the United States naval transport service. | 541 |
"Veteran" means any person who has completed service in the | 542 |
armed forces, including the national guard of any state, or a | 543 |
reserve component of the armed forces, who has been discharged | 544 |
under honorable conditions from the armed forces or who has been | 545 |
transferred to the reserve with evidence of satisfactory service. | 546 |
Sec. 5903.03. (A) As used in this section | 547 |
| 548 |
549 |
| 550 |
training program of the armed forces | 551 |
552 | |
553 | |
554 |
(B) Notwithstanding any provision of the Revised Code to the | 555 |
contrary, a licensing agency shall consider an applicant for a | 556 |
license: | 557 |
(1) To have met the educational requirement for that license | 558 |
if the applicant has completed a military program of training and | 559 |
has been awarded a military primary specialty at a level that is | 560 |
substantially equivalent to or exceeds the educational requirement | 561 |
for that license; and | 562 |
(2) To have met the experience requirement for that license | 563 |
if the applicant has served in that military primary specialty | 564 |
under honorable conditions for a period of time that is | 565 |
substantially equivalent to or exceeds the experience requirement | 566 |
for that license. | 567 |
(C) Each licensing agency, not later than June 30, 2014, | 568 |
shall adopt rules under Chapter 119. of the Revised Code regarding | 569 |
which military programs of training, military primary specialties, | 570 |
and lengths of service are substantially equivalent to or exceed | 571 |
the educational and experience requirements for each license that | 572 |
agency issues. | 573 |
Sec. 5903.04. Each licensing agency shall adopt rules under | 574 |
Chapter 119. of the Revised Code to establish and implement all of | 575 |
the following: | 576 |
(A) A process to obtain from each applicant documentation and | 577 |
additional information necessary to determine if the applicant is | 578 |
a member or veteran, or the spouse or surviving spouse of a member | 579 |
or veteran; | 580 |
(B) A process to record, track, and monitor applications that | 581 |
have been received from a member, veteran, or the spouse or | 582 |
surviving spouse of a member or veteran; and | 583 |
(C) A process to prioritize and expedite certification or | 584 |
licensing for each applicant who is a member, veteran, or the | 585 |
spouse or a surviving spouse of a member or veteran. | 586 |
In establishing these processes, the licensing agency shall | 587 |
include any special accommodations that may be appropriate for | 588 |
applicants facing imminent deployment. | 589 |
Sec. 5903.05. A licensing agency shall apply for approval to | 590 |
the state approving agency at the Ohio department of veterans | 591 |
services as required under 38 U.S.C. 3672(a) to enable an eligible | 592 |
person or veteran to receive education benefits through the United | 593 |
States department of veterans affairs. | 594 |
Sec. 5903.10. (A) A holder of an expired license or | 595 |
certificate from this state or any political subdivision or agency | 596 |
of the state to practice a trade or profession shall be granted a | 597 |
renewal of the license or certificate by the issuing board or | 598 |
authority at the usual cost without penalty and without | 599 |
re-examination if not otherwise disqualified because of mental or | 600 |
physical disability and if either of the following applies: | 601 |
(1) The license or certificate was not renewed because of the | 602 |
holder's service in the armed forces | 603 |
604 | |
605 | |
606 |
(2) The license or certificate was not renewed because the | 607 |
holder's spouse served in the armed forces of the United States or | 608 |
a reserve component of the armed forces | 609 |
610 | |
611 | |
this state. | 612 |
(B) A renewal shall not be granted under division (A) of this | 613 |
section unless the holder or the holder's spouse, whichever is | 614 |
applicable, has presented satisfactory evidence of the service | 615 |
member's discharge under honorable conditions or release under | 616 |
honorable conditions from active duty or national guard duty | 617 |
within six months after the discharge or release. | 618 |
Sec. 5903.11. (A) Any federally funded employment and | 619 |
training program administered by any state agency including, but | 620 |
not limited to, the "Workforce Investment Act of 1998," 112 Stat. | 621 |
936, codified in scattered sections of 29 U.S.C., as amended, | 622 |
shall include a veteran priority system to provide maximum | 623 |
employment and training opportunities to veterans and eligible | 624 |
persons within each targeted group as established by federal law | 625 |
and state and federal policy in the service area. Disabled | 626 |
veterans, veterans of the Vietnam era, other veterans, and | 627 |
eligible persons shall receive preference over nonveterans within | 628 |
each targeted group in the provision of employment and training | 629 |
services available through these programs as required by this | 630 |
section. | 631 |
(B) Each state agency shall refer qualified applicants to job | 632 |
openings and training opportunities in programs described in | 633 |
division (A) of this section in the following order of priority: | 634 |
(1) Special disabled veterans; | 635 |
(2) Veterans of the Vietnam era; | 636 |
(3) Disabled veterans; | 637 |
(4) All other veterans; | 638 |
(5) Other eligible persons; | 639 |
(6) Nonveterans. | 640 |
(C) Each state agency providing employment and training | 641 |
services to veterans and eligible persons under programs described | 642 |
in division (A) of this section shall submit an annual written | 643 |
report to the speaker of the house of representatives and the | 644 |
president of the senate on the services that it provides to | 645 |
veterans and eligible persons. Each such agency shall report | 646 |
separately on all entitlement programs, employment or training | 647 |
programs, and any other programs that it provides to each class of | 648 |
persons described in divisions (B)(1) to (6) of this section. Each | 649 |
such agency shall also report on action taken to ensure compliance | 650 |
with statutory requirements. Compliance and reporting procedures | 651 |
shall be in accordance with the reporting procedures then in | 652 |
effect for all employment and training programs described in | 653 |
division (A) of this section, with the addition of veterans as a | 654 |
separate reporting module. | 655 |
(D) All state agencies that administer federally funded | 656 |
employment and training programs described in division (A) of this | 657 |
section for veterans and eligible persons shall do all of the | 658 |
following: | 659 |
(1) Ensure that veterans are treated with courtesy and | 660 |
respect at all state governmental facilities; | 661 |
(2) Give priority in referral to jobs to qualified veterans | 662 |
and other eligible persons; | 663 |
(3) Give priority in referral to and enrollment in training | 664 |
programs to qualified veterans and other eligible persons; | 665 |
(4) Give preferential treatment to special disabled veterans | 666 |
in the provision of all needed state services; | 667 |
(5) Provide information and effective referral assistance to | 668 |
veterans and other eligible persons regarding needed benefits and | 669 |
services that may be obtained through other agencies. | 670 |
(E) As used in this section: | 671 |
(1) "Special disabled veteran" means a veteran who is | 672 |
entitled to, or who but for the receipt of military pay would be | 673 |
entitled to, compensation under any law administered by the | 674 |
department of veterans affairs for a disability rated at thirty | 675 |
per cent or more or a person who was discharged or released from | 676 |
active duty because of a service-connected disability. | 677 |
(2) "Veteran of the Vietnam era" means an eligible veteran | 678 |
who served on active duty for a period of more than one hundred | 679 |
eighty days, any part of which occurred from August 5, 1964, | 680 |
through May 7, 1975, and was discharged or released therefrom with | 681 |
other than a dishonorable discharge or a person who was discharged | 682 |
or released from active duty for a service-connected disability if | 683 |
any part of the active duty was performed from August 5, 1964, | 684 |
through May 7, 1975. | 685 |
(3) "Disabled veteran" means a veteran who is entitled to, or | 686 |
who but for the receipt of military retirement pay would be | 687 |
entitled to compensation, under any law administered by the | 688 |
department of veterans affairs and who is not a special disabled | 689 |
veteran. | 690 |
(4) "Eligible veteran" means a person who served on active | 691 |
duty for more than one hundred eighty days and was discharged or | 692 |
released from active duty with other than a dishonorable discharge | 693 |
or a person who was discharged or released from active duty | 694 |
because of a service-connected disability. | 695 |
(5) "Other eligible person" means one of the following: | 696 |
(a) The spouse of any person who died of a service-connected | 697 |
disability; | 698 |
(b) The spouse of any member of the armed forces serving on | 699 |
active duty who at the time of the spouse's application for | 700 |
assistance under any program described in division (A) of this | 701 |
section is listed pursuant to the "Act of September 6, 1966," 80 | 702 |
Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant | 703 |
thereto, as having been in one or more of the following categories | 704 |
for a total of ninety or more days: | 705 |
(i) Missing in action; | 706 |
(ii) Captured in line of duty by a hostile force; | 707 |
(iii) Forcibly detained or interned in line of duty by a | 708 |
foreign government or power. | 709 |
(c) The spouse of any person who has a total disability | 710 |
permanent in nature resulting from a service-connected disability | 711 |
or the spouse of a veteran who died while such a disability was in | 712 |
existence. | 713 |
(6) "Veteran" means | 714 |
| 715 |
Revised Code who was a member of the armed forces of the United | 716 |
States for a period of one hundred eighty days or more | 717 |
person who was discharged or released from active duty because of | 718 |
a service-connected disability; | 719 |
| 720 |
merchant marine and to whom either of the following applies: | 721 |
| 722 |
active duty military service, form DD214 or DD215 | 723 |
| 724 |
marine between December 7, 1941, and December 31, 1946, and died | 725 |
on active duty while serving in a war zone during that period of | 726 |
service. | 727 |
(7) | 728 |
729 | |
730 | |
731 |
| 732 |
referral of individuals to employer job openings in the federal, | 733 |
state, or private sector. | 734 |
| 735 |
employability of qualified applicants. | 736 |
| 737 |
specific criteria in determining eligibility, including but not | 738 |
limited to the existence in special segments of the general | 739 |
population of specific financial needs. | 740 |
| 741 |
by federal law or regulations or by state law to receive special | 742 |
assistance under an employment and training program described in | 743 |
division (A) of this section. | 744 |
| 745 |
746 | |
747 |
Sec. 5903.12. (A) As used in this section: | 748 |
| 749 |
required of a licensee by law and includes, but is not limited to, | 750 |
the continuing education required of licensees under sections | 751 |
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24, | 752 |
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141, | 753 |
4736.11, 4741.16, 4741.19, 4751.07, 4755.63, 4757.33, 4759.06, | 754 |
4761.06, and 4763.07 of the Revised Code. | 755 |
| 756 |
757 | |
758 | |
759 |
| 760 |
761 |
| 762 |
763 |
| 764 |
765 | |
766 | |
767 |
| 768 |
769 | |
770 |
| 771 |
772 | |
773 |
| 774 |
a licensee must complete the number of hours of continuing | 775 |
education required of the licensee by law. | 776 |
(B) A licensee may submit an application to a licensing | 777 |
agency, stating that the licensee requires an extension of the | 778 |
current reporting period because the licensee has served on active | 779 |
duty | 780 |
current or a prior reporting period. The licensee shall submit | 781 |
proper documentation certifying the active duty service and the | 782 |
length of that active duty service. Upon receiving the application | 783 |
and proper documentation, the licensing agency shall extend the | 784 |
current reporting period by an amount of time equal to the total | 785 |
number of months that the licensee spent on active duty during the | 786 |
current reporting period. For purposes of this division, any | 787 |
portion of a month served on active duty shall be considered one | 788 |
full month. | 789 |
Sec. 5903.121. A | 790 |
791 | |
training, or service completed by a licensee as a member of the | 792 |
armed forces | 793 |
794 | |
795 | |
whether a licensee has fulfilled required continuing education. | 796 |
Sec. 5907.01. (A) As used in this chapter: | 797 |
(1) "Armed forces of the United States" | 798 |
799 | |
force, navy, marine corps, coast guard, and any other military | 800 |
service branch that is designated by congress as a part of the | 801 |
armed forces of the United States. | 802 |
(2) "Domiciliary" means a separate area within the Ohio | 803 |
veterans' home providing domiciliary care. | 804 |
(3) "Domiciliary care" means providing shelter, food, and | 805 |
necessary medical care on an ambulatory self-care basis to | 806 |
eligible veterans who do not need the nursing services provided in | 807 |
nursing homes. | 808 |
(4) "Nursing home" has the same meaning as in section 3721.01 | 809 |
of the Revised Code. | 810 |
(5) "Veteran" has the same meaning as in section 5901.01 of | 811 |
the Revised Code. | 812 |
(B) There are hereby established the Ohio veterans' homes | 813 |
within the department of veterans services. The department shall | 814 |
maintain and operate state veterans' homes as administered under | 815 |
the state veterans' home programs defined in Title 38 of the | 816 |
United States Code. | 817 |
Sec. 5907.04. | 818 |
of the United States" means the army, air force, navy, marine | 819 |
corps, coast guard, and any other military service branch that is | 820 |
designated by congress as a part of the armed forces of the United | 821 |
States. | 822 |
Subject to the following paragraph, all veterans, who served | 823 |
during a period of conflict as determined by the United States | 824 |
department of veterans affairs or any person who is awarded either | 825 |
the armed forces expeditionary medal established by presidential | 826 |
executive order 10977 dated December 4, 1961, or the Vietnam | 827 |
service medal established by presidential executive order 11231 | 828 |
dated July 8, 1965, who have been honorably discharged or | 829 |
separated under honorable conditions therefrom, or any discharged | 830 |
members of the Polish and Czechoslovakian armed forces who served | 831 |
in armed conflict with an enemy of the United States in World War | 832 |
II who have been citizens of the United States for at least ten | 833 |
years, provided that the above-mentioned persons have been | 834 |
citizens of this state for one year or more at the date of making | 835 |
application for admission, are disabled by disease, wounds, or | 836 |
otherwise, and are by reason of such disability incapable of | 837 |
earning their living, and all members of the Ohio national guard | 838 |
or naval militia who have lost an arm or leg, or their sight, or | 839 |
become permanently disabled from any cause, while in the line and | 840 |
discharge of duty, and are not able to support themselves, may be | 841 |
admitted to a veterans' home under such rules as the director of | 842 |
veterans services adopts. | 843 |
A veteran who served in the armed forces of the United States | 844 |
845 | |
846 | |
preceding paragraph only if the person has the characteristics | 847 |
defined in division (B)(1) of section 5901.01 of the Revised Code. | 848 |
Veterans' homes may reserve a bed during the temporary | 849 |
absence of a resident or patient from the home, including a | 850 |
nursing home within it, under conditions prescribed by the | 851 |
director, to include hospitalization for an acute condition, | 852 |
visits with relatives and friends, and participation in | 853 |
therapeutic programs outside the home. A home shall not reserve a | 854 |
bed for more than thirty days, except that absences for more than | 855 |
thirty days due to hospitalization may be authorized. | 856 |
Section 2. That existing sections 4729.12, 4729.13, 4729.15, | 857 |
4731.36, 4743.04, 5902.02, 5903.03, 5903.10, 5903.11, 5903.12, | 858 |
5903.121, 5907.01, and 5907.04 of the Revised Code are hereby | 859 |
repealed. | 860 |
Section 3. The Director of Veterans Services shall implement | 861 |
divisions (BB) to (EE) of section 5902.02 of the Revised Code not | 862 |
later than December 31, 2014. | 863 |
Section 4. A licensing agency that is required to adopt | 864 |
rules under section 5903.04 of the Revised Code shall adopt | 865 |
initial rules not later than December 31, 2014. | 866 |
Section 5. State agencies that are required to apply for | 867 |
approval to the State Approving Agency at the Ohio Department of | 868 |
Veterans Services under section 5903.05 of the Revised Code shall | 869 |
do so initially not later than December 31, 2014. | 870 |
Section 6. Section 4731.36 of the Revised Code is presented | 871 |
in this act as a composite of the section as amended by both Sub. | 872 |
H.B. 251 and Sub. S.B. 141 of the 129th General Assembly. The | 873 |
General Assembly, applying the principle stated in division (B) of | 874 |
section 1.52 of the Revised Code that amendments are to be | 875 |
harmonized if reasonably capable of simultaneous operation, finds | 876 |
that the composite is the resulting version of the section in | 877 |
effect prior to the effective date of the section as presented in | 878 |
this act. | 879 |