Cosponsors:
Representatives Terhar, Pillich, Stinziano, Fedor, Becker, Ruhl, Dovilla, Young, Johnson, Landis, Anielski, Barborak, Bishoff, Milkovich, Perales, Rosenberger, Adams, J., Adams, R., Amstutz, Antonio, Ashford, Baker, Beck, Blair, Blessing, Boose, Boyce, Brenner, Brown, Buchy, Budish, Burkley, Butler, Celebrezze, Cera, Clyde, Conditt, Curtin, Damschroder, Derickson, DeVitis, Duffey, Foley, Gerberry, Green, Grossman, Hackett, Hagan, C., Hall, Hayes, Heard, Henne, Hill, Hood, Hottinger, Huffman, Kunze, Letson, Lundy, Lynch, Maag, Mallory, McClain, McGregor, Patmon, Patterson, Pelanda, Phillips, Ramos, Reece, Roegner, Rogers, Romanchuk, Scherer, Schuring, Sears, Slaby, Smith, Sprague, Stautberg, Stebelton, Strahorn, Sykes, Szollosi, Thompson, Wachtmann, Williams, Winburn Speaker Batchelder
Senators Uecker, LaRose, Skindell, Brown, Tavares, Schaffer, Bacon, Balderson, Beagle, Burke, Cafaro, Coley, Eklund, Faber, Gardner, Gentile, Hite, Hughes, Jones, Jordan, Kearney, Lehner, Manning, Obhof, Oelslager, Patton, Peterson, Sawyer, Schiavoni, Seitz, Smith, Turner, Widener
Sec. 4506.09. (A) The registrar of motor vehicles, subject | 11 |
to approval by the director of public safety, shall adopt rules | 12 |
conforming with applicable standards adopted by the federal motor | 13 |
carrier safety administration as regulations under Pub. L. No. | 14 |
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to | 15 |
31317. The rules shall establish requirements for the | 16 |
qualification and testing of persons applying for a commercial | 17 |
driver's license, which shall be in addition to other requirements | 18 |
established by this chapter. Except as provided in division (B) of | 19 |
this section, the highway patrol or any other employee of the | 20 |
department of public safety the registrar authorizes shall | 21 |
supervise and conduct the testing of persons applying for a | 22 |
commercial driver's license. | 23 |
(B) The director may adopt rules, in accordance with Chapter | 24 |
119. of the Revised Code and applicable requirements of the | 25 |
federal motor carrier safety administration, authorizing the | 26 |
skills test specified in this section to be administered by any | 27 |
person, by an agency of this or another state, or by an agency, | 28 |
department, or instrumentality of local government. Each party | 29 |
authorized under this division to administer the skills test may | 30 |
charge a maximum divisible fee of eighty-five dollars for each | 31 |
skills test given as part of a commercial driver's license | 32 |
examination. The fee shall consist of not more than twenty dollars | 33 |
for the pre-trip inspection portion of the test, not more than | 34 |
twenty dollars for the off-road maneuvering portion of the test, | 35 |
and not more than forty-five dollars for the on-road portion of | 36 |
the test. Each such party may require an appointment fee in the | 37 |
same manner provided in division (F)(2) of this section, except | 38 |
that the maximum amount such a party may require as an appointment | 39 |
fee is eighty-five dollars. The skills test administered by | 40 |
another party under this division shall be the same as otherwise | 41 |
would be administered by this state. The other party shall enter | 42 |
into an agreement with the director that, without limitation, does | 43 |
all of the following: | 44 |
(C) The director shall enter into an agreement with the | 67 |
department of education authorizing the skills test specified in | 68 |
this section to be administered by the department at any location | 69 |
operated by the department for purposes of training and testing | 70 |
school bus drivers, provided that the agreement between the | 71 |
director and the department complies with the requirements of | 72 |
division (B) of this section. Skills tests administered by the | 73 |
department shall be limited to persons applying for a commercial | 74 |
driver's license with a school bus endorsement. | 75 |
(2) The director may require an applicant for a commercial | 157 |
driver's license who schedules an appointment with the highway | 158 |
patrol or other authorized employee of the department of public | 159 |
safety to take all portions of the skills test, to pay an | 160 |
appointment fee of fifty dollars at the time of scheduling the | 161 |
appointment. If the applicant appears at the time and location | 162 |
specified for the appointment and takes all portions of the skills | 163 |
test during that appointment, the appointment fee shall serve as | 164 |
the skills test fee. If the applicant schedules an appointment to | 165 |
take all portions of the skills test and fails to appear at the | 166 |
time and location specified for the appointment, no portion of the | 167 |
appointment fee shall be refunded. If the applicant schedules an | 168 |
appointment to take all portions of the skills test and appears at | 169 |
the time and location specified for the appointment, but declines | 170 |
or is unable to take all portions of the skills test, no portion | 171 |
of the appointment fee shall be refunded. If the applicant cancels | 172 |
a scheduled appointment forty-eight hours or more prior to the | 173 |
time of the appointment time, the applicant shall not forfeit the | 174 |
appointment fee. | 175 |
An applicant for a commercial driver's license who schedules | 176 |
an appointment to take one or more, but not all, portions of the | 177 |
skills test shall be required to pay an appointment fee equal to | 178 |
the costs of each test scheduled, as prescribed in division (F)(1) | 179 |
of this section, when scheduling such an appointment. If the | 180 |
applicant appears at the time and location specified for the | 181 |
appointment and takes all the portions of the skills test during | 182 |
that appointment that the applicant was scheduled to take, the | 183 |
appointment fee shall serve as the skills test fee. If the | 184 |
applicant schedules an appointment to take one or more, but not | 185 |
all, portions of the skills test and fails to appear at the time | 186 |
and location specified for the appointment, no portion of the | 187 |
appointment fee shall be refunded. If the applicant schedules an | 188 |
appointment to take one or more, but not all, portions of the | 189 |
skills test and appears at the time and location specified for the | 190 |
appointment, but declines or is unable to take all portions of the | 191 |
skills test that the applicant was scheduled to take, no portion | 192 |
of the appointment fee shall be refunded. If the applicant cancels | 193 |
a scheduled appointment forty-eight hours or more prior to the | 194 |
time of the appointment time, the applicant shall not forfeit the | 195 |
appointment fee. | 196 |
(B) If an applicant fails to provide satisfactory proof of | 213 |
completion of any applicable continuing education requirements, | 214 |
the board shall notify the applicant that the application is | 215 |
incomplete. The board shall not renew the license until the | 216 |
applicant provides satisfactory proof of completion of any | 217 |
applicable continuing education requirements. The board may | 218 |
provide the applicant with an extension of up to ninety days in | 219 |
which to complete the continuing education requirement. In | 220 |
providing for the extension, the board may charge the licensee a | 221 |
fine of up to one hundred dollars. | 222 |
The board shall determine the period of time during which | 234 |
each extension is effective and shall inform the applicant. The | 235 |
board shall also inform the applicant of the continuing education | 236 |
requirements that must be met to have the license renewed. If an | 237 |
extension is granted for less than one year, the continuing | 238 |
education requirement for that year, in addition to the required | 239 |
continuing education for the succeeding year, must be completed in | 240 |
the succeeding year. In all other cases the board may waive all or | 241 |
part of the continuing education requirement on a case-by-case | 242 |
basis. Any required continuing education shall be completed and | 243 |
satisfactory proof of its completion submitted to the board by a | 244 |
date specified by the board. Every license which has not been | 245 |
renewed in any odd-numbered year by the last day of January and | 246 |
for which the continuing education requirement has not been waived | 247 |
or extended shall be considered expired. | 248 |
Sec. 4723.24. (A) Except as otherwise specified in this | 249 |
chapter, all active licenses and certificates issued under this | 250 |
chapter shall be renewed biennially according to a schedule | 251 |
established by the board of nursing. The board shall provide an | 252 |
application for renewal to every holder of an active license or | 253 |
certificate, except when the board is aware that an individual is | 254 |
ineligible for license or certificate renewal for any reason, | 255 |
including pending criminal charges in this state or another | 256 |
jurisdiction, failure to comply with a disciplinary order from the | 257 |
board or the terms of a consent agreement entered into with the | 258 |
board, failure to pay fines or fees owed to the board, or failure | 259 |
to provide on the board's request documentation of having | 260 |
completed the continuing nursing education requirements specified | 261 |
in division (C) of this section. | 262 |
If the board provides a renewal application by mail, the | 263 |
application shall be addressed to the last known post-office | 264 |
address of the license or certificate holder and mailed before the | 265 |
date specified in the board's schedule. Failure of the license or | 266 |
certificate holder to receive an application for renewal from the | 267 |
board shall not excuse the holder from the requirements contained | 268 |
in this section, except as provided in section 5903.10 of the | 269 |
Revised Code. | 270 |
The license or certificate holder shall complete the renewal | 271 |
form and return it to the board with the renewal fee required by | 272 |
section 4723.08 of the Revised Code on or before the date | 273 |
specified by the board. The license or certificate holder shall | 274 |
report any conviction, plea, or judicial finding regarding a | 275 |
criminal offense that constitutes grounds for the board to impose | 276 |
sanctions under section 4723.28 of the Revised Code since the | 277 |
holder last submitted an application to the board. | 278 |
(2) The board shall adopt rules establishing the procedure | 308 |
for a license holder to certify to the board completion of the | 309 |
required continuing nursing education. The board may conduct a | 310 |
random sample of license holders and require that the license | 311 |
holders included in the sample submit satisfactory documentation | 312 |
of having completed the requirements for continuing nursing | 313 |
education. On the board's request, a license holder included in | 314 |
the sample shall submit the required documentation. | 315 |
(4) The continuing education required of a certified | 321 |
registered nurse anesthetist, clinical nurse specialist, certified | 322 |
nurse-midwife, or certified nurse practitioner to maintain | 323 |
certification by a national certifying organization shall be | 324 |
applied toward the continuing education requirements for renewal | 325 |
of a license to practice nursing as a registered nurse only if it | 326 |
is obtained through a program or course approved by the board or a | 327 |
person the board has authorized to approve continuing nursing | 328 |
education programs and courses. | 329 |
(D) Except as otherwise provided in section 4723.28 of the | 330 |
Revised Code, an individual who holds an active license to | 331 |
practice nursing as a registered nurse or licensed practical nurse | 332 |
and who does not intend to practice in Ohio may send to the board | 333 |
written notice to that effect on or before the renewal date, and | 334 |
the board shall classify the license as inactive. During the | 335 |
period that the license is classified as inactive, the holder may | 336 |
not engage in the practice of nursing in Ohio and is not required | 337 |
to pay the renewal fee. | 338 |
(2) Meeting the requirements for reactivating or reinstating | 345 |
licenses established in rules adopted under section 4723.07 of the | 346 |
Revised Code or, if the individual did not renew because of | 347 |
service in the armed forces of the United States or a reserve | 348 |
component of the armed forces of the United States, including the | 349 |
Ohio national guard or the national guard of any other state, as | 350 |
provided in section 5903.10 of the Revised Code; | 351 |
(B) All licensed optometrists shall annually complete | 370 |
continuing education in subjects relating to the practice of | 371 |
optometry, to the end that the utilization and application of new | 372 |
techniques, scientific and clinical advances, and the achievements | 373 |
of research will assure comprehensive care to the public. The | 374 |
board shall prescribe by rule the continuing optometric education | 375 |
that licensed optometrists must complete. The length of study | 376 |
shall be twenty-five clock hours each year, including ten clock | 377 |
hours of instruction in pharmacology to be completed by all | 378 |
licensed optometrists. | 379 |
Unless the continuing education required under this division | 380 |
is waived or deferred under division (D) of this section, the | 381 |
continuing education must be completed during the twelve-month | 382 |
period beginning on the first day of October and ending on the | 383 |
last day of September. If the board receives notice from a | 384 |
continuing education program indicating that an optometrist | 385 |
completed the program after the last day of September, and the | 386 |
optometrist wants to use the continuing education completed after | 387 |
that day to renew the license that expires on the last day of | 388 |
December of that year, the optometrist shall pay the penalty | 389 |
specified under section 4725.34 of the Revised Code for late | 390 |
completion of continuing education. | 391 |
(C)(1) Annually, not later than the first day of November, | 398 |
the board shall mail a notice regarding license renewal to each | 399 |
licensed optometrist who may be eligible for renewal. The notice | 400 |
shall be sent to the optometrist's last address shown in the | 401 |
board's records. If the board knows that the optometrist has | 402 |
completed the required continuing optometric education for the | 403 |
year, the board may include with the notice an application for | 404 |
license renewal. | 405 |
(2) Filing a license renewal application with the board shall | 406 |
serve as notice by the optometrist that the continuing optometric | 407 |
education requirement has been successfully completed. If the | 408 |
board finds that an optometrist has not completed the required | 409 |
continuing optometric education, the board shall disapprove the | 410 |
optometrist's application. The board's disapproval of renewal is | 411 |
effective without a hearing, unless a hearing is requested | 412 |
pursuant to Chapter 119. of the Revised Code. | 413 |
(D) In cases of certified illness or undue hardship, the | 422 |
board may waive or defer for up to twelve months the requirement | 423 |
of continuing optometric education, except that in such cases the | 424 |
board may not waive or defer the continuing education in | 425 |
pharmacology required to be completed by optometrists who hold | 426 |
topical ocular pharmaceutical agents certificates or therapeutic | 427 |
pharmaceutical agents certificates. The board shall waive the | 428 |
requirement of continuing optometric education for any optometrist | 429 |
who is serving on active duty in the armed forces of the United | 430 |
States or a reserve component of the armed forces of the United | 431 |
States, including the Ohio national guard or the national guard of | 432 |
any other state or who has received an initial certificate of | 433 |
licensure during the nine-month period which ended on the last day | 434 |
of September. | 435 |
(E) An optometrist whose renewal application has been | 436 |
approved may renew each certificate held by paying to the | 437 |
treasurer of state the fees for renewal specified under section | 438 |
4725.34 of the Revised Code. On payment of all applicable fees, | 439 |
the board shall issue a renewal of the optometrist's certificate | 440 |
of licensure, topical ocular pharmaceutical agents certificate, | 441 |
and therapeutic pharmaceutical agents certificate, as appropriate. | 442 |
(F) Not later than the fifteenth day of December, the board | 443 |
shall mail a second notice regarding license renewal to each | 444 |
licensed optometrist who may be eligible for renewal but did not | 445 |
respond to the notice sent under division (C)(1) of this section. | 446 |
The notice shall be sent to the optometrist's last address shown | 447 |
in the board's records. If an optometrist fails to file a renewal | 448 |
application after the second notice is sent, the board shall send | 449 |
a third notice regarding license renewal prior to any action under | 450 |
division (I) of this section to classify the optometrist's | 451 |
certificates as delinquent. | 452 |
Sec. 4725.51. (A) Each license issued under sections 4725.40 | 492 |
to 4725.59 of the Revised Code shall expire on the first day of | 493 |
January in the year after it was issued. Each person holding a | 494 |
valid, current license may apply to the Ohio optical dispensers | 495 |
board for the extension of the license under the standard renewal | 496 |
procedures of Chapter 4745. of the Revised Code. Each application | 497 |
for renewal shall be accompanied by a renewal fee the board shall | 498 |
establish by rule and shall contain evidence that the applicant | 499 |
has completed a continuing education program within the | 500 |
immediately preceding one-year period as follows: | 501 |
(B) No person who fails to renew histhe person's license | 513 |
under division (A) of this section shall be required to take a | 514 |
qualifying examination under section 4725.48 of the Revised Code | 515 |
as a condition of renewal, provided that the application for | 516 |
renewal and proof of the requisite continuing education hours are | 517 |
submitted within ninety days from the date the license expired and | 518 |
the applicant pays the annual renewal fee and a penalty of | 519 |
seventy-five dollars. The board may provide, by rule, for an | 520 |
extension of the grace period for licensed dispensing opticians | 521 |
who are serving in the armed forces of the United States or a | 522 |
reserve component of the armed forces of the United States, | 523 |
including the Ohio national guard or the national guard of any | 524 |
other state and for waiver of the continuing education | 525 |
requirements or the penalty in cases of hardship or illness. | 526 |
Sec. 4732.14. On or before the thirty-first day of August of | 531 |
each even-numbered year, each person licensed by the state board | 532 |
of psychology shall register with the board on a form prescribed | 533 |
by the board, giving the person's name, address, license number, | 534 |
the continuing education information required by section 4732.141 | 535 |
of the Revised Code, and such other reasonable information as the | 536 |
board requires, and pay to the board secretary a biennial | 537 |
registration fee in an amount determined by the board, but not to | 538 |
exceed two hundred seventy-five dollars in fiscal year 2000 and | 539 |
three hundred fifty dollars in each fiscal year thereafter. A | 540 |
person licensed for the first time on or before the thirty-first | 541 |
day of August of an even-numbered year shall next be required to | 542 |
register on or before the thirty-first day of August of the next | 543 |
even-numbered year. | 544 |
Before the first day of August of each even-numbered year, | 545 |
the secretary shall send a notice to each licensed psychologist | 546 |
and licensed school psychologist, whether a resident or not, at | 547 |
the licensed psychologist's or licensed school psychologist's last | 548 |
known address, that the licensed psychologist's or licensed school | 549 |
psychologist's biennial registration form and fee are due on or | 550 |
before the last day of August. Before the fifteenth day of | 551 |
September of such years, the secretary shall send a second notice | 552 |
to each such person who has not paid the registration fee or | 553 |
registered with the board as required by this section. A license | 554 |
of any licensed psychologist or licensed school psychologist shall | 555 |
automatically be suspended if the biennial registration fee is not | 556 |
paid or the registration form is not received on or before the | 557 |
thirtieth day of September of a renewal year. Within five years | 558 |
thereafter, the board may reinstate any license so suspended upon | 559 |
payment of the current registration fee and a penalty not to | 560 |
exceed fifty dollars, as determined by the board, and receipt of | 561 |
the registration form completed by the registrant in accordance | 562 |
with this section and section 4732.141 of the Revised Code or in | 563 |
accordance with any modifications authorized by the board under | 564 |
division (F) of section 4732.141 of the Revised Code. The board | 565 |
may by rule waive the payment of the registration fee and | 566 |
completion of the continuing psychology education required by | 567 |
section 4732.141 of the Revised Code by a licensed psychologist or | 568 |
licensed school psychologist when the licensed psychologist or | 569 |
licensed school psychologist is on active duty in the armed forces | 570 |
of the United States or a reserve component of the armed forces of | 571 |
the United States, including the Ohio national guard or the | 572 |
national guard of any other state. | 573 |
Sec. 4733.15. (A) Registration expires on the last day of | 578 |
December 2011, and becomes invalid on that date unless renewed. | 579 |
For renewals after that date, registration expires biennially on | 580 |
the last day of December following initial registration or renewal | 581 |
of registration and becomes invalid on that date unless renewed. | 582 |
Renewal may be effected by the applicant's payment to the | 583 |
treasurer of state of a fee of forty dollars for a renewal of | 584 |
registration as either a professional engineer or professional | 585 |
surveyor and demonstration of completion of the continuing | 586 |
professional development requirements of section 4733.151 of the | 587 |
Revised Code. When notified as required in this section, a | 588 |
registrant's failure to renew registration shall not deprive the | 589 |
registrant of the right of renewal within the following twelve | 590 |
months, but the fee to renew a registration within twelve months | 591 |
after expiration shall be increased fifty per cent, and the | 592 |
registrant shall certify completion of continuing professional | 593 |
development hours as required in section 4733.151 of the Revised | 594 |
Code. | 595 |
The state board of registration for professional engineers | 596 |
and surveyors may, upon request, waive the payment of renewal fees | 597 |
or the completion of continuing professional development | 598 |
requirements for a registrant during the period when the | 599 |
registrant is on active duty in connection with any branch of the | 600 |
armed forces of the United States or a reserve component of the | 601 |
armed forces of the United States, including the Ohio national | 602 |
guard or the national guard of any other state. | 603 |
(B) Each certificate of authorization issued pursuant to | 604 |
section 4733.16 of the Revised Code shall authorize the holder to | 605 |
provide professional engineering or professional surveying | 606 |
services, through the registered professional engineer or | 607 |
professional surveyor designated as being in responsible charge of | 608 |
the professional engineering or professional surveying practice, | 609 |
from the date of issuance until the last day of June next | 610 |
succeeding the date upon which the certificate was issued, unless | 611 |
the certificate has been revoked or suspended for cause as | 612 |
provided in section 4733.20 of the Revised Code or has been | 613 |
suspended pursuant to section 3123.47 of the Revised Code. | 614 |
(C) If a registrant fails to renew registration as provided | 615 |
under division (A) of this section, renewal and reinstatement may | 616 |
be effected under rules the board adopts regarding requirements | 617 |
for reexamination or reapplication, and reinstatement penalty | 618 |
fees. The board may require a registrant who fails to renew | 619 |
registration to complete the required hours of continuing | 620 |
professional development as a condition of renewal and | 621 |
reinstatement if the registrant seeks renewal and reinstatement | 622 |
under this division. | 623 |
(C) A department, agency, or office of this state or of any | 635 |
political subdivision of this state that issues a license or | 636 |
certificate to practice a trade or profession may, pursuant to | 637 |
rules adopted by the department, agency, or office, issue a | 638 |
temporary license or certificate to practice the trade or | 639 |
profession to a person whose spouse is on active military duty in | 640 |
this state. | 641 |
(1) "Continuing education" means continuing education | 700 |
required of a licensee by law and includes, but is not limited to, | 701 |
the continuing education required of licensees under sections | 702 |
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24, | 703 |
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141, | 704 |
4736.11, 4741.16, 4741.19, 4751.07, 4755.63, 4757.33, 4759.06, | 705 |
4761.06, and 4763.07 of the Revised Code. | 706 |
(B) Each licensing agency, upon receiving an application from | 731 |
one of its licensees that is accompanied by proper documentation | 732 |
certifying thatA licensee may submit an application to a | 733 |
licensing agency, stating that the licensee requires an extension | 734 |
of the current reporting period because the licensee has been | 735 |
called toserved on active duty as described in division (A)(3)(c) | 736 |
of this section during the current or a prior reporting period | 737 |
and. The licensee shall submit proper documentation certifying the | 738 |
active duty service and the length of that active duty,service. | 739 |
Upon receiving the application and proper documentation, the | 740 |
licensing agency shall extend the current reporting period by an | 741 |
amount of time equal to the total number of months that the | 742 |
licensee spent on active duty during the current reporting period. | 743 |
For purposes of this division, any portion of a month served on | 744 |
active duty shall be considered one full month. | 745 |
Sec. 5903.121. A "licensing agency," as defined in section | 746 |
5903.12 of the Revised Code, shall consider relevant education, | 747 |
training, or service completed by a licensee as a member of the | 748 |
armed forces of the United States or reserve components thereof, | 749 |
the Ohio national guard, the Ohio military reserve, or the Ohio | 750 |
naval militia, or the national guard of any other state in | 751 |
determining whether a licensee has fulfilled required continuing | 752 |
education. | 753 |