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Sub. H. B. No. 98 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Gonzales, Retherford
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
A BILL
To amend sections 4506.09, 4713.60, 4723.24, 4725.16,
4725.51, 4732.14, 4733.15, 4743.04, 5903.10,
5903.12, and 5903.121 and to enact section 5903.03
of the Revised Code to revise the Occupational
Licensing Law regarding military service members
and veterans and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4506.09, 4713.60, 4723.24, 4725.16,
4725.51, 4732.14, 4733.15, 4743.04, 5903.10, 5903.12, and 5903.121
be amended and section 5903.03 of the Revised Code be enacted to
read as follows:
Sec. 4506.09. (A) The registrar of motor vehicles, subject
to approval by the director of public safety, shall adopt rules
conforming with applicable standards adopted by the federal motor
carrier safety administration as regulations under Pub. L. No.
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to
31317. The rules shall establish requirements for the
qualification and testing of persons applying for a commercial
driver's license, which shall be in addition to other requirements
established by this chapter. Except as provided in division (B) of
this section, the highway patrol or any other employee of the
department of public safety the registrar authorizes shall
supervise and conduct the testing of persons applying for a
commercial driver's license.
(B) The director may adopt rules, in accordance with Chapter
119. of the Revised Code and applicable requirements of the
federal motor carrier safety administration, authorizing the
skills test specified in this section to be administered by any
person, by an agency of this or another state, or by an agency,
department, or instrumentality of local government. Each party
authorized under this division to administer the skills test may
charge a maximum divisible fee of eighty-five dollars for each
skills test given as part of a commercial driver's license
examination. The fee shall consist of not more than twenty dollars
for the pre-trip inspection portion of the test, not more than
twenty dollars for the off-road maneuvering portion of the test,
and not more than forty-five dollars for the on-road portion of
the test. Each such party may require an appointment fee in the
same manner provided in division (F)(2) of this section, except
that the maximum amount such a party may require as an appointment
fee is eighty-five dollars. The skills test administered by
another party under this division shall be the same as otherwise
would be administered by this state. The other party shall enter
into an agreement with the director that, without limitation, does
all of the following:
(1) Allows the director or the director's representative and
the federal motor carrier safety administration or its
representative to conduct random examinations, inspections, and
audits of the other party without prior notice;
(2) Requires the director or the director's representative to
conduct on-site inspections of the other party at least annually;
(3) Requires that all examiners of the other party meet the
same qualification and training standards as examiners of the
department of public safety, to the extent necessary to conduct
skills tests in the manner required by 49 C.F.R. 383.110 through
383.135;
(4) Requires either that state employees take, at least
annually and as though the employees were test applicants, the
tests actually administered by the other party, that the director
test a sample of drivers who were examined by the other party to
compare the test results, or that state employees accompany a test
applicant during an actual test;
(5) Reserves to this state the right to take prompt and
appropriate remedial action against testers of the other party if
the other party fails to comply with standards of this state or
federal standards for the testing program or with any other terms
of the contract.
(C) The director shall enter into an agreement with the
department of education authorizing the skills test specified in
this section to be administered by the department at any location
operated by the department for purposes of training and testing
school bus drivers, provided that the agreement between the
director and the department complies with the requirements of
division (B) of this section. Skills tests administered by the
department shall be limited to persons applying for a commercial
driver's license with a school bus endorsement.
(D) The director shall adopt rules, in accordance with
Chapter 119. of the Revised Code, authorizing waiver of the skills
test specified in this section for any applicant for a commercial
driver's license who meets all of the following requirements:
(1) Certifies that, during the two-year period immediately
preceding application for a commercial driver's license, all of
the following apply:
(a) The applicant has not had more than one license.
(b) The applicant has not had any license suspended, revoked,
or canceled.
(c) The applicant has not had any convictions for any type of
motor vehicle for the offenses for which disqualification is
prescribed in section 4506.16 of the Revised Code.
(d) The applicant has not had any violation of a state or
local law relating to motor vehicle traffic control other than a
parking violation arising in connection with any traffic accident
and has no record of an accident in which the applicant was at
fault.
(e) The applicant has previously taken and passed a skills
test given by a state with a classified licensing and testing
system in which the test was behind-the-wheel in a representative
vehicle for the applicant's commercial driver's license
classification.
(2) Certifies and also provides evidence that the applicant
is regularly employed in a job requiring operation of a commercial
motor vehicle and that one of the following applies:
(a) The applicant has previously taken and passed a skills
test given by a state with a classified licensing and testing
system in which the test was behind-the-wheel in a representative
vehicle for the applicant's commercial driver's license
classification.
(b) The applicant has regularly operated, for at least two
years immediately preceding application for a commercial driver's
license, a vehicle representative of the commercial motor vehicle
the applicant operates or expects to operate.
(E) The director shall adopt rules, in accordance with
Chapter 119. of the Revised Code, authorizing waiver of the skills
test specified in this section for any applicant for a commercial
driver's license who meets all of the following requirements:
(1) At the time of applying, is Has been a member or
uniformed employee of the armed forces of the United States or
their reserve components, including the Ohio national guard, or
separated from such service or employment within the preceding
ninety days the national guard of any other state;
(2) Certifies that, during the two-year period immediately
preceding application for a commercial driver's license, all of
the following apply:
(a) The applicant has not had more than one license,
excluding any military license.
(b) The applicant has not had any license suspended, revoked,
or canceled.
(c) The applicant has not had any convictions for any type of
motor vehicle for the offenses for which disqualification is
prescribed in section 4506.16 of the Revised Code.
(d) The applicant has not had more than one conviction for
any type of motor vehicle for a serious traffic violation.
(e) The applicant has not had any violation of a state or
local law relating to motor vehicle traffic control other than a
parking violation arising in connection with any traffic accident
and has no record of an accident in which the applicant was at
fault.
(3) In accordance with rules adopted by the director,
certifies and also provides evidence of all of the following:
(a) That the applicant is regularly employed or was regularly
employed within the preceding ninety days in a military position
requiring operation of a commercial motor vehicle;
(b) That the applicant was exempt from the requirements of
this chapter under division (B)(6) of section 4506.03 of the
Revised Code;
(c) That, for at least two years immediately preceding the
date of application or at least two years immediately preceding
the date the applicant separated from military service or
employment, the applicant regularly operated a vehicle
representative of the commercial motor vehicle type that the
applicant operates or expects to operate.
(F)(1) The department of public safety may charge and collect
a divisible fee of fifty dollars for each skills test given as
part of a commercial driver's license examination. The fee shall
consist of ten dollars for the pre-trip inspection portion of the
test, ten dollars for the off-road maneuvering portion of the
test, and thirty dollars for the on-road portion of the test.
(2) The director may require an applicant for a commercial
driver's license who schedules an appointment with the highway
patrol or other authorized employee of the department of public
safety to take all portions of the skills test, to pay an
appointment fee of fifty dollars at the time of scheduling the
appointment. If the applicant appears at the time and location
specified for the appointment and takes all portions of the skills
test during that appointment, the appointment fee shall serve as
the skills test fee. If the applicant schedules an appointment to
take all portions of the skills test and fails to appear at the
time and location specified for the appointment, no portion of the
appointment fee shall be refunded. If the applicant schedules an
appointment to take all portions of the skills test and appears at
the time and location specified for the appointment, but declines
or is unable to take all portions of the skills test, no portion
of the appointment fee shall be refunded. If the applicant cancels
a scheduled appointment forty-eight hours or more prior to the
time of the appointment time, the applicant shall not forfeit the
appointment fee.
An applicant for a commercial driver's license who schedules
an appointment to take one or more, but not all, portions of the
skills test shall be required to pay an appointment fee equal to
the costs of each test scheduled, as prescribed in division (F)(1)
of this section, when scheduling such an appointment. If the
applicant appears at the time and location specified for the
appointment and takes all the portions of the skills test during
that appointment that the applicant was scheduled to take, the
appointment fee shall serve as the skills test fee. If the
applicant schedules an appointment to take one or more, but not
all, portions of the skills test and fails to appear at the time
and location specified for the appointment, no portion of the
appointment fee shall be refunded. If the applicant schedules an
appointment to take one or more, but not all, portions of the
skills test and appears at the time and location specified for the
appointment, but declines or is unable to take all portions of the
skills test that the applicant was scheduled to take, no portion
of the appointment fee shall be refunded. If the applicant cancels
a scheduled appointment forty-eight hours or more prior to the
time of the appointment time, the applicant shall not forfeit the
appointment fee.
(3) The department of public safety shall deposit all fees it
collects under division (F) of this section in the state highway
safety fund.
(G) As used in this section, "skills test" means a test of an
applicant's ability to drive the type of commercial motor vehicle
for which the applicant seeks a commercial driver's license by
having the applicant drive such a motor vehicle while under the
supervision of an authorized state driver's license examiner or
tester.
Sec. 4713.60. (A) Except as provided in division (C) of this
section, a person seeking a renewal of a license to practice a
branch of cosmetology, managing license, or instructor license
shall include in the renewal application proof satisfactory to the
board of completion of any applicable continuing education
requirements established by rules adopted under section 4713.09 of
the Revised Code.
(B) If an applicant fails to provide satisfactory proof of
completion of any applicable continuing education requirements,
the board shall notify the applicant that the application is
incomplete. The board shall not renew the license until the
applicant provides satisfactory proof of completion of any
applicable continuing education requirements. The board may
provide the applicant with an extension of up to ninety days in
which to complete the continuing education requirement. In
providing for the extension, the board may charge the licensee a
fine of up to one hundred dollars.
(C) The board may waive, or extend the period for completing,
any continuing education requirement if a licensee applies to the
board and provides proof satisfactory to the board of being unable
to complete the requirement within the time allowed because of any
of the following:
(2) An unusual or prolonged illness;
(3) Active duty service in any branch of the armed forces of
the United States or a reserve component of the armed forces of
the United States, including the Ohio national guard or the
national guard of any other state.
The board shall determine the period of time during which
each extension is effective and shall inform the applicant. The
board shall also inform the applicant of the continuing education
requirements that must be met to have the license renewed. If an
extension is granted for less than one year, the continuing
education requirement for that year, in addition to the required
continuing education for the succeeding year, must be completed in
the succeeding year. In all other cases the board may waive all or
part of the continuing education requirement on a case-by-case
basis. Any required continuing education shall be completed and
satisfactory proof of its completion submitted to the board by a
date specified by the board. Every license which has not been
renewed in any odd-numbered year by the last day of January and
for which the continuing education requirement has not been waived
or extended shall be considered expired.
Sec. 4723.24. (A) Except as otherwise specified in this
chapter, all active licenses and certificates issued under this
chapter shall be renewed biennially according to a schedule
established by the board of nursing. The board shall provide an
application for renewal to every holder of an active license or
certificate, except when the board is aware that an individual is
ineligible for license or certificate renewal for any reason,
including pending criminal charges in this state or another
jurisdiction, failure to comply with a disciplinary order from the
board or the terms of a consent agreement entered into with the
board, failure to pay fines or fees owed to the board, or failure
to provide on the board's request documentation of having
completed the continuing nursing education requirements specified
in division (C) of this section.
If the board provides a renewal application by mail, the
application shall be addressed to the last known post-office
address of the license or certificate holder and mailed before the
date specified in the board's schedule. Failure of the license or
certificate holder to receive an application for renewal from the
board shall not excuse the holder from the requirements contained
in this section, except as provided in section 5903.10 of the
Revised Code.
The license or certificate holder shall complete the renewal
form and return it to the board with the renewal fee required by
section 4723.08 of the Revised Code on or before the date
specified by the board. The license or certificate holder shall
report any conviction, plea, or judicial finding regarding a
criminal offense that constitutes grounds for the board to impose
sanctions under section 4723.28 of the Revised Code since the
holder last submitted an application to the board.
On receipt of the renewal application, the board shall verify
whether the applicant meets the renewal requirements. If the
applicant meets the requirements, the board shall renew the
license or certificate for the following two-year period.
If a renewal application that meets the renewal requirements
is submitted after the date specified in the board's schedule, but
before expiration of the license or certificate, the board shall
grant a renewal upon payment of the late renewal fee authorized
under section 4723.08 of the Revised Code.
(B) Every license or certificate holder shall give written
notice to the board of any change of name or address within thirty
days of the change. The board shall require the holder to document
a change of name in a manner acceptable to the board.
(C)(1) Except in the case of a first renewal after licensure
by examination, to be eligible for renewal of an active license to
practice nursing as a registered nurse or licensed practical
nurse, each individual who holds an active license shall, in each
two-year period specified by the board, complete continuing
nursing education as follows:
(a) For renewal of a license that was issued for a two-year
renewal period, twenty-four hours of continuing nursing education;
(b) For renewal of a license that was issued for less than a
two-year renewal period, the number of hours of continuing nursing
education specified by the board in rules adopted in accordance
with Chapter 119. of the Revised Code;
(c) Of the hours of continuing nursing education completed in
any renewal period, at least one hour of the education must be
directly related to the statutes and rules pertaining to the
practice of nursing in this state.
(2) The board shall adopt rules establishing the procedure
for a license holder to certify to the board completion of the
required continuing nursing education. The board may conduct a
random sample of license holders and require that the license
holders included in the sample submit satisfactory documentation
of having completed the requirements for continuing nursing
education. On the board's request, a license holder included in
the sample shall submit the required documentation.
(3) An educational activity may be applied toward meeting the
continuing nursing education requirement only if it is obtained
through a program or course approved by the board or a person the
board has authorized to approve continuing nursing education
programs and courses.
(4) The continuing education required of a certified
registered nurse anesthetist, clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner to maintain
certification by a national certifying organization shall be
applied toward the continuing education requirements for renewal
of a license to practice nursing as a registered nurse only if it
is obtained through a program or course approved by the board or a
person the board has authorized to approve continuing nursing
education programs and courses.
(D) Except as otherwise provided in section 4723.28 of the
Revised Code, an individual who holds an active license to
practice nursing as a registered nurse or licensed practical nurse
and who does not intend to practice in Ohio may send to the board
written notice to that effect on or before the renewal date, and
the board shall classify the license as inactive. During the
period that the license is classified as inactive, the holder may
not engage in the practice of nursing in Ohio and is not required
to pay the renewal fee.
The holder of an inactive license or an individual who has
failed to renew the individual's license may have the license
reactivated or reinstated upon doing the following, as applicable
to the holder or individual:
(1) Applying to the board for license reactivation or
reinstatement on forms provided by the board;
(2) Meeting the requirements for reactivating or reinstating
licenses established in rules adopted under section 4723.07 of the
Revised Code or, if the individual did not renew because of
service in the armed forces of the United States or a reserve
component of the armed forces of the United States, including the
Ohio national guard or the national guard of any other state, as
provided in section 5903.10 of the Revised Code;
(3) If the license has been inactive for at least five years
from the date of application for reactivation or has lapsed for at
least five years from the date of application for reinstatement,
submitting a request to the bureau of criminal identification and
investigation for a criminal records check and check of federal
bureau of investigation records pursuant to section 4723.091 of
the Revised Code.
Sec. 4725.16. (A) Each certificate of licensure, topical
ocular pharmaceutical agents certificate, and therapeutic
pharmaceutical agents certificate issued by the state board of
optometry shall expire annually on the last day of December, and
may be renewed in accordance with this section and the standard
renewal procedure established under Chapter 4745. of the Revised
Code.
An optometrist seeking to continue to practice optometry
shall file with the board an application for license renewal. The
application shall be in such form and require such pertinent
professional biographical data as the board may require.
(B) All licensed optometrists shall annually complete
continuing education in subjects relating to the practice of
optometry, to the end that the utilization and application of new
techniques, scientific and clinical advances, and the achievements
of research will assure comprehensive care to the public. The
board shall prescribe by rule the continuing optometric education
that licensed optometrists must complete. The length of study
shall be twenty-five clock hours each year, including ten clock
hours of instruction in pharmacology to be completed by all
licensed optometrists.
Unless the continuing education required under this division
is waived or deferred under division (D) of this section, the
continuing education must be completed during the twelve-month
period beginning on the first day of October and ending on the
last day of September. If the board receives notice from a
continuing education program indicating that an optometrist
completed the program after the last day of September, and the
optometrist wants to use the continuing education completed after
that day to renew the license that expires on the last day of
December of that year, the optometrist shall pay the penalty
specified under section 4725.34 of the Revised Code for late
completion of continuing education.
At least once annually, the board shall mail to each licensed
optometrist a list of courses approved in accordance with
standards prescribed by board rule. Upon the request of a licensed
optometrist, the executive director of the board shall supply a
list of additional courses that the board has approved subsequent
to the most recent mailing of the list of approved courses.
(C)(1) Annually, not later than the first day of November,
the board shall mail a notice regarding license renewal to each
licensed optometrist who may be eligible for renewal. The notice
shall be sent to the optometrist's last address shown in the
board's records. If the board knows that the optometrist has
completed the required continuing optometric education for the
year, the board may include with the notice an application for
license renewal.
(2) Filing a license renewal application with the board shall
serve as notice by the optometrist that the continuing optometric
education requirement has been successfully completed. If the
board finds that an optometrist has not completed the required
continuing optometric education, the board shall disapprove the
optometrist's application. The board's disapproval of renewal is
effective without a hearing, unless a hearing is requested
pursuant to Chapter 119. of the Revised Code.
(3) The board shall refuse to accept an application for
renewal from any applicant whose license is not in good standing
or who is under disciplinary review pursuant to section 4725.19 of
the Revised Code.
(4) Notice of an applicant's failure to qualify for renewal
shall be served upon the applicant by mail. The notice shall be
sent not later than the fifteenth day of November to the
applicant's last address shown in the board's records.
(D) In cases of certified illness or undue hardship, the
board may waive or defer for up to twelve months the requirement
of continuing optometric education, except that in such cases the
board may not waive or defer the continuing education in
pharmacology required to be completed by optometrists who hold
topical ocular pharmaceutical agents certificates or therapeutic
pharmaceutical agents certificates. The board shall waive the
requirement of continuing optometric education for any optometrist
who is serving on active duty in the armed forces of the United
States or a reserve component of the armed forces of the United
States, including the Ohio national guard or the national guard of
any other state or who has received an initial certificate of
licensure during the nine-month period which ended on the last day
of September.
(E) An optometrist whose renewal application has been
approved may renew each certificate held by paying to the
treasurer of state the fees for renewal specified under section
4725.34 of the Revised Code. On payment of all applicable fees,
the board shall issue a renewal of the optometrist's certificate
of licensure, topical ocular pharmaceutical agents certificate,
and therapeutic pharmaceutical agents certificate, as appropriate.
(F) Not later than the fifteenth day of December, the board
shall mail a second notice regarding license renewal to each
licensed optometrist who may be eligible for renewal but did not
respond to the notice sent under division (C)(1) of this section.
The notice shall be sent to the optometrist's last address shown
in the board's records. If an optometrist fails to file a renewal
application after the second notice is sent, the board shall send
a third notice regarding license renewal prior to any action under
division (I) of this section to classify the optometrist's
certificates as delinquent.
(G) The failure of an optometrist to apply for license
renewal or the failure to pay the applicable annual renewal fees
on or before the date of expiration, shall automatically work a
forfeiture of the optometrist's authority to practice optometry in
this state.
(H) The board shall accept renewal applications and renewal
fees that are submitted from the first day of January to the last
day of April of the year next succeeding the date of expiration.
An individual who submits such a late renewal application or fee
shall pay the late renewal fee specified in section 4725.34 of the
Revised Code.
(I)(1) If the certificates issued by the board to an
individual have expired and the individual has not filed a
complete application during the late renewal period, the
individual's certificates shall be classified in the board's
records as delinquent.
(2) Any optometrist subject to delinquent classification may
submit a written application to the board for reinstatement. For
reinstatement to occur, the applicant must meet all of the
following conditions:
(a) Submit to the board evidence of compliance with board
rules requiring continuing optometric education in a sufficient
number of hours to make up for any delinquent compliance;
(b) Pay the renewal fees for the year in which application
for reinstatement is made and the reinstatement fee specified
under division (A)(8) of section 4725.34 of the Revised Code;
(c) Pass all or part of the licensing examination accepted by
the board under section 4725.11 of the Revised Code as the board
considers appropriate to determine whether the application for
reinstatement should be approved;
(d) If the applicant has been practicing optometry in another
state or country, submit evidence that the applicant's license to
practice optometry in the other state or country is in good
standing.
(3) The board shall approve an application for reinstatement
if the conditions specified in division (I)(2) of this section are
met. An optometrist who receives reinstatement is subject to the
continuing education requirements specified under division (B) of
this section for the year in which reinstatement occurs.
Sec. 4725.51. (A) Each license issued under sections 4725.40
to 4725.59 of the Revised Code shall expire on the first day of
January in the year after it was issued. Each person holding a
valid, current license may apply to the Ohio optical dispensers
board for the extension of the license under the standard renewal
procedures of Chapter 4745. of the Revised Code. Each application
for renewal shall be accompanied by a renewal fee the board shall
establish by rule and shall contain evidence that the applicant
has completed a continuing education program within the
immediately preceding one-year period as follows:
(1) Licensed spectacle dispensing opticians shall have
pursued four hours of study in spectacle dispensing, approved by
the board;
(2) Licensed contact lens dispensing opticians shall have
pursued eight hours of study in contact lens dispensing, approved
by the board.
(3) Licensed spectacle-contact lens dispensing opticians
shall have pursued courses of study under divisions (A)(1) and (2)
of this section.
(4) Licensed ocularists shall have pursued courses of study
as prescribed by rule of the board.
(B) No person who fails to renew his the person's license
under division (A) of this section shall be required to take a
qualifying examination under section 4725.48 of the Revised Code
as a condition of renewal, provided that the application for
renewal and proof of the requisite continuing education hours are
submitted within ninety days from the date the license expired and
the applicant pays the annual renewal fee and a penalty of
seventy-five dollars. The board may provide, by rule, for an
extension of the grace period for licensed dispensing opticians
who are serving in the armed forces of the United States or a
reserve component of the armed forces of the United States,
including the Ohio national guard or the national guard of any
other state and for waiver of the continuing education
requirements or the penalty in cases of hardship or illness.
(C) The board shall approve continuing education programs and
shall adopt rules as necessary for approving the programs.
Approved programs shall be scheduled, sponsored, and conducted in
accordance with the board's rules.
Sec. 4732.14. On or before the thirty-first day of August of
each even-numbered year, each person licensed by the state board
of psychology shall register with the board on a form prescribed
by the board, giving the person's name, address, license number,
the continuing education information required by section 4732.141
of the Revised Code, and such other reasonable information as the
board requires, and pay to the board secretary a biennial
registration fee in an amount determined by the board, but not to
exceed two hundred seventy-five dollars in fiscal year 2000 and
three hundred fifty dollars in each fiscal year thereafter. A
person licensed for the first time on or before the thirty-first
day of August of an even-numbered year shall next be required to
register on or before the thirty-first day of August of the next
even-numbered year.
Before the first day of August of each even-numbered year,
the secretary shall send a notice to each licensed psychologist
and licensed school psychologist, whether a resident or not, at
the licensed psychologist's or licensed school psychologist's last
known address, that the licensed psychologist's or licensed school
psychologist's biennial registration form and fee are due on or
before the last day of August. Before the fifteenth day of
September of such years, the secretary shall send a second notice
to each such person who has not paid the registration fee or
registered with the board as required by this section. A license
of any licensed psychologist or licensed school psychologist shall
automatically be suspended if the biennial registration fee is not
paid or the registration form is not received on or before the
thirtieth day of September of a renewal year. Within five years
thereafter, the board may reinstate any license so suspended upon
payment of the current registration fee and a penalty not to
exceed fifty dollars, as determined by the board, and receipt of
the registration form completed by the registrant in accordance
with this section and section 4732.141 of the Revised Code or in
accordance with any modifications authorized by the board under
division (F) of section 4732.141 of the Revised Code. The board
may by rule waive the payment of the registration fee and
completion of the continuing psychology education required by
section 4732.141 of the Revised Code by a licensed psychologist or
licensed school psychologist when the licensed psychologist or
licensed school psychologist is on active duty in the armed forces
of the United States or a reserve component of the armed forces of
the United States, including the Ohio national guard or the
national guard of any other state.
Each licensed psychologist and licensed school psychologist
shall notify the secretary of any change in the licensed
psychologist's or licensed school psychologist's office address or
employment within ninety days of such change.
Sec. 4733.15. (A) Registration expires on the last day of
December 2011, and becomes invalid on that date unless renewed.
For renewals after that date, registration expires biennially on
the last day of December following initial registration or renewal
of registration and becomes invalid on that date unless renewed.
Renewal may be effected by the applicant's payment to the
treasurer of state of a fee of forty dollars for a renewal of
registration as either a professional engineer or professional
surveyor and demonstration of completion of the continuing
professional development requirements of section 4733.151 of the
Revised Code. When notified as required in this section, a
registrant's failure to renew registration shall not deprive the
registrant of the right of renewal within the following twelve
months, but the fee to renew a registration within twelve months
after expiration shall be increased fifty per cent, and the
registrant shall certify completion of continuing professional
development hours as required in section 4733.151 of the Revised
Code.
The state board of registration for professional engineers
and surveyors may, upon request, waive the payment of renewal fees
or the completion of continuing professional development
requirements for a registrant during the period when the
registrant is on active duty in connection with any branch of the
armed forces of the United States or a reserve component of the
armed forces of the United States, including the Ohio national
guard or the national guard of any other state.
(B) Each certificate of authorization issued pursuant to
section 4733.16 of the Revised Code shall authorize the holder to
provide professional engineering or professional surveying
services, through the registered professional engineer or
professional surveyor designated as being in responsible charge of
the professional engineering or professional surveying practice,
from the date of issuance until the last day of June next
succeeding the date upon which the certificate was issued, unless
the certificate has been revoked or suspended for cause as
provided in section 4733.20 of the Revised Code or has been
suspended pursuant to section 3123.47 of the Revised Code.
(C) If a registrant fails to renew registration as provided
under division (A) of this section, renewal and reinstatement may
be effected under rules the board adopts regarding requirements
for reexamination or reapplication, and reinstatement penalty
fees. The board may require a registrant who fails to renew
registration to complete the required hours of continuing
professional development as a condition of renewal and
reinstatement if the registrant seeks renewal and reinstatement
under this division.
Sec. 4743.04. (A) The renewal of a license or other
authorization to practice a trade or profession issued under Title
XLVII of the Revised Code is subject to the provisions of section
5903.10 of the Revised Code relating to service in the armed
forces of the United States or a reserve component of the armed
forces of the United States, including the Ohio national guard or
the national guard of any other state.
(B) Continuing education requirements applicable to the
licensees under Title XLVII of the Revised Code are subject to the
provisions of section 5903.12 of the Revised Code relating to
active duty military service.
(C) A department, agency, or office of this state or of any
political subdivision of this state that issues a license or
certificate to practice a trade or profession may, pursuant to
rules adopted by the department, agency, or office, issue a
temporary license or certificate to practice the trade or
profession to a person whose spouse is on active military duty in
this state.
(D) The issuance of a license or other authorization to
practice a trade or profession issued under Title XLVII of the
Revised Code is subject to the provisions of section 5903.03 of
the Revised Code relating to service in the armed forces of the
United States or a reserve component of the armed forces of the
United States, including the Ohio national guard or the national
guard of any other state.
Sec. 5903.03. (A) As used in this section:
(1) "License" and "licensing agency" have the meanings
defined in section 5903.12 of the Revised Code.
(2) "Military" means the armed forces of the United States or
a reserve component of the armed forces of the United States,
including the Ohio national guard or the national guard of any
other state.
(B) Notwithstanding any provision of the Revised Code to the
contrary, a licensing agency shall consider an applicant for a
license:
(1) To have met the educational requirement for that license
if the applicant has completed a military program of training and
has been awarded a military primary specialty at a level that is
substantially equivalent to or exceeds the educational requirement
for that license; and
(2) To have met the experience requirement for that license
if the applicant has served in that military primary specialty
under honorable conditions for a period of time that is
substantially equivalent to or exceeds the experience requirement
for that license.
(C) Each licensing agency shall adopt rules under Chapter
119. of the Revised Code regarding which military programs of
training, military primary specialties, and lengths of service are
substantially equivalent to or exceed the educational and
experience requirements for each license that agency issues.
Sec. 5903.10. (A) A holder of an expired license or
certificate from this state or any political subdivision or agency
of the state to practice a trade or profession shall be granted a
renewal of the license or certificate by the issuing board or
authority at the usual cost without penalty and without
re-examination if not otherwise disqualified because of mental or
physical disability and if either of the following applies:
(1) The license or certificate was not renewed because of the
holder's service in the armed forces of the United States or a
reserve component of the armed forces of the United States,
including the Ohio national guard or the national guard of any
other state.
(2) The license or certificate was not renewed because the
holder's spouse served in the armed forces of the United States or
a reserved reserve component of the armed forces of the United
States, including the Ohio national guard or the national guard of
any other state, and the service resulted in the holder's absence
from this state.
(B) A renewal shall not be granted under division (A) of this
section unless the holder or the holder's spouse, whichever is
applicable, has presented satisfactory evidence of the service
member's discharge under honorable conditions or release under
honorable conditions from active duty or national guard duty
within six months after the discharge or release.
Sec. 5903.12. (A) As used in this section:
(1) "Continuing education" means continuing education
required of a licensee by law and includes, but is not limited to,
the continuing education required of licensees under sections
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141,
4736.11, 4741.16, 4741.19, 4751.07, 4755.63, 4757.33, 4759.06,
4761.06, and 4763.07 of the Revised Code.
(2) "License" means a license, certificate, permit, or other
authorization issued or conferred by a licensing agency under
which a licensee may engage in a profession, occupation, or
occupational activity.
(3) "Licensee" means a person to whom all of the following
apply:
(a) The person has been issued a license by a licensing
agency.
(b) The person is has been a member of the armed forces of
the United States, the Ohio national guard, the Ohio military
reserve, the Ohio naval militia, the national guard of any other
state, or a reserve component of the armed forces of the United
States.
(c) The person has been called to served on active duty,
whether inside or outside the United States, because of an
executive order issued by the president of the United States or an
act of congress, or upon the order of the governor, for a period
in excess of thirty-one days.
(4) "Licensing agency" means any state department, division,
board, commission, agency, or other state governmental unit
authorized by the Revised Code to issue a license.
(5) "Reporting period" means the period of time during which
a licensee must complete the number of hours of continuing
education required of the licensee by law.
(B) Each licensing agency, upon receiving an application from
one of its licensees that is accompanied by proper documentation
certifying that A licensee may submit an application to a
licensing agency, stating that the licensee requires an extension
of the current reporting period because the licensee has been
called to served on active duty as described in division (A)(3)(c)
of this section during the current or a prior reporting period
and. The licensee shall submit proper documentation certifying the
active duty service and the length of that active duty, service.
Upon receiving the application and proper documentation, the
licensing agency shall extend the current reporting period by an
amount of time equal to the total number of months that the
licensee spent on active duty during the current reporting period.
For purposes of this division, any portion of a month served on
active duty shall be considered one full month.
Sec. 5903.121. A "licensing agency," as defined in section
5903.12 of the Revised Code, shall consider relevant education,
training, or service completed by a licensee as a member of the
armed forces of the United States or reserve components thereof,
the Ohio national guard, the Ohio military reserve, or the Ohio
naval militia, or the national guard of any other state in
determining whether a licensee has fulfilled required continuing
education.
Section 2. That existing sections 4506.09, 4713.60, 4723.24,
4725.16, 4725.51, 4732.14, 4733.15, 4743.04, 5903.10, 5903.12, and
5903.121 of the Revised Code are hereby repealed.
Section 3. This act is an emergency measure necessary for the
immediate preservation of the public peace, health, and safety.
The reason for such necessity is that every day, military service
members and veterans return to this state and must begin the
process of seeking employment. Therefore, this act goes into
immediate effect.
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