Sub. H. B. No. 98 As Reported by the House Military and Veterans Affairs Committee

As Reported by the House Military and Veterans Affairs Committee

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 98

Representatives Gonzales, Retherford

Cosponsors: Representatives Terhar, Pillich, Stinziano, Fedor, Becker, Ruhl, Dovilla, Young, Johnson, Landis, Anielski, Barborak, Bishoff, Milkovich, Perales, Rosenberger

A BILL

To amend sections 4506.09, 4713.60, 4723.24, 4725.16,

1

4725.51, 4732.14, 4733.15, 4743.04, 5903.10,

2

5903.12, and 5903.121 and to enact section 5903.03

3

of the Revised Code to revise the Occupational

4

Licensing Law regarding military service members

5

and veterans and to declare an emergency.

6

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

Section 1. That sections 4506.09, 4713.60, 4723.24, 4725.16,	7
4725.51, 4732.14, 4733.15, 4743.04, 5903.10, 5903.12, and 5903.121	8
be amended and section 5903.03 of the Revised Code be enacted to	9
read as follows:	10

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

(1) Allows the director or the director's representative and	45
the federal motor carrier safety administration or its	46
representative to conduct random examinations, inspections, and	47
audits of the other party without prior notice;	48

(2) Requires the director or the director's representative to	49
conduct on-site inspections of the other party at least annually;	50

(3) Requires that all examiners of the other party meet the	51
same qualification and training standards as examiners of the	52
department of public safety, to the extent necessary to conduct	53
skills tests in the manner required by 49 C.F.R. 383.110 through	54
383.135;	55

(4) Requires either that state employees take, at least	56
annually and as though the employees were test applicants, the	57
tests actually administered by the other party, that the director	58
test a sample of drivers who were examined by the other party to	59
compare the test results, or that state employees accompany a test	60
applicant during an actual test;	61

(5) Reserves to this state the right to take prompt and	62
appropriate remedial action against testers of the other party if	63
the other party fails to comply with standards of this state or	64
federal standards for the testing program or with any other terms	65
of the contract.	66

(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

(D) The director shall adopt rules, in accordance with	76
Chapter 119. of the Revised Code, authorizing waiver of the skills	77
test specified in this section for any applicant for a commercial	78
driver's license who meets all of the following requirements:	79

(1) Certifies that, during the two-year period immediately	80
preceding application for a commercial driver's license, all of	81
the following apply:	82

(a) The applicant has not had more than one license.

83

(b) The applicant has not had any license suspended, revoked,	84
or canceled.	85

(c) The applicant has not had any convictions for any type of	86
motor vehicle for the offenses for which disqualification is	87
prescribed in section 4506.16 of the Revised Code.	88

(d) The applicant has not had any violation of a state or	89
local law relating to motor vehicle traffic control other than a	90
parking violation arising in connection with any traffic accident	91
and has no record of an accident in which the applicant was at	92
fault.	93

(e) The applicant has previously taken and passed a skills	94
test given by a state with a classified licensing and testing	95
system in which the test was behind-the-wheel in a representative	96
vehicle for the applicant's commercial driver's license	97
classification.	98

(2) Certifies and also provides evidence that the applicant	99
is regularly employed in a job requiring operation of a commercial	100
motor vehicle and that one of the following applies:	101

(a) The applicant has previously taken and passed a skills	102
test given by a state with a classified licensing and testing	103
system in which the test was behind-the-wheel in a representative	104
vehicle for the applicant's commercial driver's license	105
classification.	106

(b) The applicant has regularly operated, for at least two	107
years immediately preceding application for a commercial driver's	108
license, a vehicle representative of the commercial motor vehicle	109
the applicant operates or expects to operate.	110

(E) The director shall adopt rules, in accordance with	111
Chapter 119. of the Revised Code, authorizing waiver of the skills	112
test specified in this section for any applicant for a commercial	113
driver's license who meets all of the following requirements:	114

(1) ~~At the time of applying, is~~Has been a member or	115
uniformed employee of the armed forces of the United States or	116
their reserve components, including the Ohio national guard, or	117
~~separated from such service or employment within the preceding~~	118
~~ninety days~~the national guard of any other state;	119

(2) Certifies that, during the two-year period immediately	120
preceding application for a commercial driver's license, all of	121
the following apply:	122

(a) The applicant has not had more than one license,	123
excluding any military license.	124

(b) The applicant has not had any license suspended, revoked,	125
or canceled.	126

(c) The applicant has not had any convictions for any type of	127
motor vehicle for the offenses for which disqualification is	128
prescribed in section 4506.16 of the Revised Code.	129

(d) The applicant has not had more than one conviction for	130
any type of motor vehicle for a serious traffic violation.	131

(e) The applicant has not had any violation of a state or	132
local law relating to motor vehicle traffic control other than a	133
parking violation arising in connection with any traffic accident	134
and has no record of an accident in which the applicant was at	135
fault.	136

(3) In accordance with rules adopted by the director,	137
certifies and also provides evidence of all of the following:	138

(a) That the applicant is ~~regularly employed~~ or was regularly	139
employed ~~within the preceding ninety days~~ in a military position	140
requiring operation of a commercial motor vehicle;	141

(b) That the applicant was exempt from the requirements of	142
this chapter under division (B)(6) of section 4506.03 of the	143
Revised Code;	144

(c) That, for at least two years immediately preceding the	145
date of application or at least two years immediately preceding	146
the date the applicant separated from military service or	147
employment, the applicant regularly operated a vehicle	148
representative of the commercial motor vehicle type that the	149
applicant operates or expects to operate.	150

(F)(1) The department of public safety may charge and collect	151
a divisible fee of fifty dollars for each skills test given as	152
part of a commercial driver's license examination. The fee shall	153
consist of ten dollars for the pre-trip inspection portion of the	154
test, ten dollars for the off-road maneuvering portion of the	155
test, and thirty dollars for the on-road portion of the test.	156

(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

(3) The department of public safety shall deposit all fees it	197
collects under division (F) of this section in the state highway	198
safety fund.	199

(G) As used in this section, "skills test" means a test of an	200
applicant's ability to drive the type of commercial motor vehicle	201
for which the applicant seeks a commercial driver's license by	202
having the applicant drive such a motor vehicle while under the	203
supervision of an authorized state driver's license examiner or	204
tester.	205

Sec. 4713.60. (A) Except as provided in division (C) of this	206
section, a person seeking a renewal of a license to practice a	207
branch of cosmetology, managing license, or instructor license	208
shall include in the renewal application proof satisfactory to the	209
board of completion of any applicable continuing education	210
requirements established by rules adopted under section 4713.09 of	211
the Revised Code.	212

(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

(C) The board may waive, or extend the period for completing,	223
any continuing education requirement if a licensee applies to the	224
board and provides proof satisfactory to the board of being unable	225
to complete the requirement within the time allowed because of any	226
of the following:	227

(1) An emergency;

228

(2) An unusual or prolonged illness;

229

(3) Active duty service in any branch of the armed forces of	230
the United States or a reserve component of the armed forces of	231
the United States, including the Ohio national guard or the	232
national guard of any other state.	233

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

On receipt of the renewal application, the board shall verify	279
whether the applicant meets the renewal requirements. If the	280
applicant meets the requirements, the board shall renew the	281
license or certificate for the following two-year period.	282

If a renewal application that meets the renewal requirements	283
is submitted after the date specified in the board's schedule, but	284
before expiration of the license or certificate, the board shall	285
grant a renewal upon payment of the late renewal fee authorized	286
under section 4723.08 of the Revised Code.	287

(B) Every license or certificate holder shall give written	288
notice to the board of any change of name or address within thirty	289
days of the change. The board shall require the holder to document	290
a change of name in a manner acceptable to the board.	291

(C)(1) Except in the case of a first renewal after licensure	292
by examination, to be eligible for renewal of an active license to	293
practice nursing as a registered nurse or licensed practical	294
nurse, each individual who holds an active license shall, in each	295
two-year period specified by the board, complete continuing	296
nursing education as follows:	297

(a) For renewal of a license that was issued for a two-year	298
renewal period, twenty-four hours of continuing nursing education;	299

(b) For renewal of a license that was issued for less than a	300
two-year renewal period, the number of hours of continuing nursing	301
education specified by the board in rules adopted in accordance	302
with Chapter 119. of the Revised Code;	303

(c) Of the hours of continuing nursing education completed in	304
any renewal period, at least one hour of the education must be	305
directly related to the statutes and rules pertaining to the	306
practice of nursing in this state.	307

(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

(3) An educational activity may be applied toward meeting the	316
continuing nursing education requirement only if it is obtained	317
through a program or course approved by the board or a person the	318
board has authorized to approve continuing nursing education	319
programs and courses.	320

(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

The holder of an inactive license or an individual who has	339
failed to renew the individual's license may have the license	340
reactivated or reinstated upon doing the following, as applicable	341
to the holder or individual:	342

(1) Applying to the board for license reactivation or	343
reinstatement on forms provided by the board;	344

(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

(3) If the license has been inactive for at least five years	352
from the date of application for reactivation or has lapsed for at	353
least five years from the date of application for reinstatement,	354
submitting a request to the bureau of criminal identification and	355
investigation for a criminal records check and check of federal	356
bureau of investigation records pursuant to section 4723.091 of	357
the Revised Code.	358

Sec. 4725.16. (A) Each certificate of licensure, topical	359
ocular pharmaceutical agents certificate, and therapeutic	360
pharmaceutical agents certificate issued by the state board of	361
optometry shall expire annually on the last day of December, and	362
may be renewed in accordance with this section and the standard	363
renewal procedure established under Chapter 4745. of the Revised	364
Code.	365

An optometrist seeking to continue to practice optometry	366
shall file with the board an application for license renewal. The	367
application shall be in such form and require such pertinent	368
professional biographical data as the board may require.	369

(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

At least once annually, the board shall mail to each licensed	392
optometrist a list of courses approved in accordance with	393
standards prescribed by board rule. Upon the request of a licensed	394
optometrist, the executive director of the board shall supply a	395
list of additional courses that the board has approved subsequent	396
to the most recent mailing of the list of approved courses.	397

(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

(3) The board shall refuse to accept an application for	414
renewal from any applicant whose license is not in good standing	415
or who is under disciplinary review pursuant to section 4725.19 of	416
the Revised Code.	417

(4) Notice of an applicant's failure to qualify for renewal	418
shall be served upon the applicant by mail. The notice shall be	419
sent not later than the fifteenth day of November to the	420
applicant's last address shown in the board's records.	421

(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

(G) The failure of an optometrist to apply for license	453
renewal or the failure to pay the applicable annual renewal fees	454
on or before the date of expiration, shall automatically work a	455
forfeiture of the optometrist's authority to practice optometry in	456
this state.	457

(H) The board shall accept renewal applications and renewal	458
fees that are submitted from the first day of January to the last	459
day of April of the year next succeeding the date of expiration.	460
An individual who submits such a late renewal application or fee	461
shall pay the late renewal fee specified in section 4725.34 of the	462
Revised Code.	463

(I)(1) If the certificates issued by the board to an	464
individual have expired and the individual has not filed a	465
complete application during the late renewal period, the	466
individual's certificates shall be classified in the board's	467
records as delinquent.	468

(2) Any optometrist subject to delinquent classification may	469
submit a written application to the board for reinstatement. For	470
reinstatement to occur, the applicant must meet all of the	471
following conditions:	472

(a) Submit to the board evidence of compliance with board	473
rules requiring continuing optometric education in a sufficient	474
number of hours to make up for any delinquent compliance;	475

(b) Pay the renewal fees for the year in which application	476
for reinstatement is made and the reinstatement fee specified	477
under division (A)(8) of section 4725.34 of the Revised Code;	478

(c) Pass all or part of the licensing examination accepted by	479
the board under section 4725.11 of the Revised Code as the board	480
considers appropriate to determine whether the application for	481
reinstatement should be approved;	482

(d) If the applicant has been practicing optometry in another	483
state or country, submit evidence that the applicant's license to	484
practice optometry in the other state or country is in good	485
standing.	486

(3) The board shall approve an application for reinstatement	487
if the conditions specified in division (I)(2) of this section are	488
met. An optometrist who receives reinstatement is subject to the	489
continuing education requirements specified under division (B) of	490
this section for the year in which reinstatement occurs.	491

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

(1) Licensed spectacle dispensing opticians shall have	502
pursued four hours of study in spectacle dispensing, approved by	503
the board;	504

(2) Licensed contact lens dispensing opticians shall have	505
pursued eight hours of study in contact lens dispensing, approved	506
by the board.	507

(3) Licensed spectacle-contact lens dispensing opticians	508
shall have pursued courses of study under divisions (A)(1) and (2)	509
of this section.	510

(4) Licensed ocularists shall have pursued courses of study	511
as prescribed by rule of the board.	512

(B) No person who fails to renew ~~his~~the 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

(C) The board shall approve continuing education programs and	527
shall adopt rules as necessary for approving the programs.	528
Approved programs shall be scheduled, sponsored, and conducted in	529
accordance with the board's rules.	530

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

Each licensed psychologist and licensed school psychologist	574
shall notify the secretary of any change in the licensed	575
psychologist's or licensed school psychologist's office address or	576
employment within ninety days of such change.	577

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

Sec. 4743.04. (A) The renewal of a license or other	624
authorization to practice a trade or profession issued under Title	625
XLVII of the Revised Code is subject to the provisions of section	626
5903.10 of the Revised Code relating to service in the armed	627
forces of the United States or a reserve component of the armed	628
forces of the United States, including the Ohio national guard or	629
the national guard of any other state.	630

(B) Continuing education requirements applicable to the	631
licensees under Title XLVII of the Revised Code are subject to the	632
provisions of section 5903.12 of the Revised Code relating to	633
active duty military service.	634

(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

(D) The issuance of a license or other authorization to	642
practice a trade or profession issued under Title XLVII of the	643
Revised Code is subject to the provisions of section 5903.03 of	644
the Revised Code relating to service in the armed forces of the	645
United States or a reserve component of the armed forces of the	646
United States, including the Ohio national guard or the national	647
guard of any other state.	648

Sec. 5903.03. (A) As used in this section:

649

(1) "License" and "licensing agency" have the meanings	650
defined in section 5903.12 of the Revised Code.	651

(2) "Military" means the armed forces of the United States or	652
a reserve component of the armed forces of the United States,	653
including the Ohio national guard or the national guard of any	654
other state.	655

(B) Notwithstanding any provision of the Revised Code to the	656
contrary, a licensing agency shall consider an applicant for a	657
license:	658

(1) To have met the educational requirement for that license	659
if the applicant has completed a military program of training and	660
has been awarded a military primary specialty at a level that is	661
substantially equivalent to or exceeds the educational requirement	662
for that license; and	663

(2) To have met the experience requirement for that license	664
if the applicant has served in that military primary specialty	665
under honorable conditions for a period of time that is	666
substantially equivalent to or exceeds the experience requirement	667
for that license.	668

(C) Each licensing agency shall adopt rules under Chapter	669
119. of the Revised Code regarding which military programs of	670
training, military primary specialties, and lengths of service are	671
substantially equivalent to or exceed the educational and	672
experience requirements for each license that agency issues.	673

Sec. 5903.10. (A) A holder of an expired license or	674
certificate from this state or any political subdivision or agency	675
of the state to practice a trade or profession shall be granted a	676
renewal of the license or certificate by the issuing board or	677
authority at the usual cost without penalty and without	678
re-examination if not otherwise disqualified because of mental or	679
physical disability and if either of the following applies:	680

(1) The license or certificate was not renewed because of the	681
holder's service in the armed forces of the United States or a	682
reserve component of the armed forces of the United States,	683
including the Ohio national guard or the national guard of any	684
other state.	685

(2) The license or certificate was not renewed because the	686
holder's spouse served in the armed forces of the United States or	687
a ~~reserved~~reserve component of the armed forces of the United	688
States, including the Ohio national guard or the national guard of	689
any other state, and the service resulted in the holder's absence	690
from this state.	691

(B) A renewal shall not be granted under division (A) of this	692
section unless the holder or the holder's spouse, whichever is	693
applicable, has presented satisfactory evidence of the service	694
member's discharge under honorable conditions or release under	695
honorable conditions from active duty or national guard duty	696
within six months after the discharge or release.	697

Sec. 5903.12. (A) As used in this section:

698

(1) "Continuing education" means continuing education	699
required of a licensee by law and includes, but is not limited to,	700
the continuing education required of licensees under sections	701
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,	702
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141,	703
4736.11, 4741.16, 4741.19, 4751.07, 4755.63, 4757.33, 4759.06,	704
4761.06, and 4763.07 of the Revised Code.	705

(2) "License" means a license, certificate, permit, or other	706
authorization issued or conferred by a licensing agency under	707
which a licensee may engage in a profession, occupation, or	708
occupational activity.	709

(3) "Licensee" means a person to whom all of the following	710
apply:	711

(a) The person has been issued a license by a licensing	712
agency.	713

(b) The person ishas been a member of the armed forces of	714
the United States, the Ohio national guard, the Ohio military	715
reserve, the Ohio naval militia, the national guard of any other	716
state, or a reserve component of the armed forces of the United	717
States.	718

(c) The person has ~~been called to~~served on active duty,	719
whether inside or outside the United States, ~~because of an~~	720
~~executive order issued by the president of the United States or an~~	721
~~act of congress, or upon the order of the governor,~~ for a period	722
in excess of thirty-one days.	723

(4) "Licensing agency" means any state department, division,	724
board, commission, agency, or other state governmental unit	725
authorized by the Revised Code to issue a license.	726

(5) "Reporting period" means the period of time during which	727
a licensee must complete the number of hours of continuing	728
education required of the licensee by law.	729

(B) ~~Each licensing agency, upon receiving an application from~~	730
~~one of its licensees that is accompanied by proper documentation~~	731
~~certifying that~~A licensee may submit an application to a	732
licensing agency, stating that the licensee requires an extension	733
of the current reporting period because the licensee has ~~been~~	734
~~called to~~served on active duty as described in division (A)(3)(c)	735
of this section during the current or a prior reporting period	736
~~and~~. The licensee shall submit proper documentation certifying the	737
active duty service and the length of that active duty,service.	738
Upon receiving the application and proper documentation, the	739
licensing agency shall extend the current reporting period by an	740
amount of time equal to the total number of months that the	741
licensee spent on active duty during the current reporting period.	742
For purposes of this division, any portion of a month served on	743
active duty shall be considered one full month.	744

Sec. 5903.121. A "licensing agency," as defined in section	745
5903.12 of the Revised Code, shall consider relevant education,	746
training, or service completed by a licensee as a member of the	747
armed forces of the United States or reserve components thereof,	748
the Ohio national guard, the Ohio military reserve, or the Ohio	749
naval militia, or the national guard of any other state in	750
determining whether a licensee has fulfilled required continuing	751
education.	752

Section 2. That existing sections 4506.09, 4713.60, 4723.24,	753
4725.16, 4725.51, 4732.14, 4733.15, 4743.04, 5903.10, 5903.12, and	754
5903.121 of the Revised Code are hereby repealed.	755

Section 3. This act is an emergency measure necessary for the	756
immediate preservation of the public peace, health, and safety.	757
The reason for such necessity is that every day, military service	758
members and veterans return to this state and must begin the	759
process of seeking employment. Therefore, this act goes into	760
immediate effect.	761