H.B. 127
128th General Assembly
(As Introduced)
Reps. S. Williams, Brown, Mallory, Letson, Hagan, Harris
BILL SUMMARY
· Permits individual boards, commissions, and agencies to adopt rules to determine what criminal offenses are "substantially related" to an applicable profession, the committing of which offenses causes certain licenses, permits, registrations, and certificates to be denied, revoked, suspended, or not renewed.
CONTENT AND OPERATION
Under current law, certain boards, commissions, and agencies have the authority to deny, revoke, suspend, refuse to renew, or impose conditions on a license, permit, registration, or certificate if the applicant or holder has committed certain crimes. The bill changes the varying types of those crimes to a "criminal offense that is substantially related" to the applicable profession. The bill defines "criminal offense that is substantially related" to mean that "the nature of the felony or misdemeanor offense for which the person was convicted or to which the person pleaded guilty has a direct bearing on the fitness or ability of the person to perform one or more of the duties or responsibilities necessarily related to a particular occupation, profession, or trade regulated by Title [47] of the Revised Code." The bill affects the professions in the manner described in the chart below. The first column in the chart describes the action that the applicable regulatory board, commission, or agency may take in disciplining a regulated professional. The second column states an offense specified under current law that, when committed by the professional, evokes the regulatory entity's discipline. The third column states the offense, as revised by the bill, that evokes discipline. The second and third columns complete the sentence started in the first column. The chart lists and contrasts only the offenses affected by the bill and does not list all the various offenses for which a regulated professional may be disciplined. (R.C. 4743.06.)
Description of
action taken by regulatory board, commission, or agency |
Offense that
evokes action by regulatory entity |
Change in offense |
The Accountancy
Board may discipline a person if the person is convicted of . . . |
. . . a felony or any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States. |
. . . or pleads guilty to a criminal offense that is substantially related to the practice of accountancy under the laws of any state or of the United States. |
The State
Board of Examiners of Architects may deny renewal of, revoke, or
suspend a certificate of qualification or a certificate of authorization if
the certificate holder has been found guilty by the Board or a court of justice
of any fraud or deceit in the holder's professional practice or has been
convicted of . . . |
. . . a felony by a court of justice. |
. . . or pleaded guilty to a criminal offense that is substantially related to the practice of architecture by a court of justice. |
The Department
of Agriculture may deny, refuse to renew, suspend, or revoke a
license if, in this state or another state, the applicant or licensee is
convicted of . . . |
. . . a criminal offense involving fraud, forgery, embezzlement, false pretense, extortion, conspiracy to defraud, or other similar offense or a felony. |
. . . or pleads guilty to a criminal offense that is substantially related to the profession of auctioneer, apprentice auctioneer, or special auctioneer. |
The Department
of Agriculture may not issue or renew a license if the applicant or
licensee has been convicted of . . . |
. . . a felony or crime involving fraud or theft in this state or another state at any time during the ten years immediately preceding application or renewal. |
. . . or pleaded guilty to a criminal offense that is substantially related to the profession of auction firm, auctioneer, apprentice auctioneer, or special auctioneer in this state or another state at any time during the ten years immediately preceding application or renewal. |
The Barber
Board may refuse to issue or renew, or may suspend, revoke, or impose
conditions upon a license if a person is convicted of . . . |
. . . a felony. |
. . . or pleads guilty to a criminal offense that is substantially related to the practice of barbering. |
The Superintendent
of Financial Institutions in the Department of Commerce, concerning credit
services organizations, may suspend, revoke, or refuse to issue or
renew a certificate of registration if, in this state or any other state, the
applicant or registrant was convicted |
. . . a felony or any criminal offense involving fraud, or failed to notify the Division of Financial Institutions of a conviction. |
. . . or pleaded guilty to a criminal offense that is substantially related to practice as a credit services organization, or failed to notify the Division of such a conviction or guilty plea. |
The State
Dental Board may discipline a certificate or license holder if the
holder is convicted of . . . |
. . . a misdemeanor committed in the course of practice or of any felony. |
. . . or pleads guilty to a criminal offense that is substantially related to the practice of dentistry. |
The Board of
Embalmers and Funeral Directors may refuse to grant or renew or may
suspend or revoke a license if the applicant or licensee has been convicted
of or has pleaded guilty to . . . |
. . . a felony or of any crime involving moral turpitude. |
. . . a criminal offense that is substantially related to the profession of embalming or funeral directing. |
The Attorney
General, regarding telephone solicitors, may deny,
refuse renewal, suspend, or revoke a certificate of registration if, in this
state, any other state, or under the laws of the United States, the applicant
or registrant was convicted of, pleaded guilty to, or entered a plea of no
contest for . . . |
. . . a felony, engaging in a pattern of corrupt activity, racketeering, a violation of federal or state securities law, or a theft offense, or the applicant or registrant failed to notify the Attorney General of a conviction of the type described above. |
. . . a criminal offense that is substantially related to the profession of telephone solicitor, or the applicant or registrant failed to notify the Attorney General of a conviction or plea of the type described above. |
(1) The Board
of Nursing may impose a number of sanctions on a nurse or
dialysis technician if, in this state, the person is convicted of or
pleads guilty to or a court makes a judicial finding of guilt of, a judicial
finding of guilt resulting from a plea of no contest to, or a judicial
finding of eligibility for intervention in lieu of conviction for . . . |
(1) . .
. a misdemeanor committed in the course of practice, any felony, or any crime
involving gross immorality or moral turpitude. |
(1) . .
. a criminal offense that is substantially related to the practice of nursing
or dialysis technician. |
The State
Board of Optometry may refuse to grant an optometrist
license or discipline a licensee if the applicant or licensee is convicted of
. . . |
. . . a felony or a misdemeanor committed in the course of practicing optometry. |
. . . a criminal offense that is substantially related to the practice of optometry. |
The Ohio
Optical Dispensers Board may refuse to grant a dispensing
optician license or discipline a licensee if the applicant or
licensee is convicted of . . . |
. . . a felony or a crime involving moral turpitude. |
. . . or pleads guilty to a criminal offense that is substantially related to the practice of optical dispensing. |
The Superintendent
of Financial Institutions, concerning pawnbrokers, may
suspend or revoke a pawnbroker license or assess a penalty if the licensee is
convicted of a crime under Ohio's criminal laws (Title 29) or under federal
law for . . . |
. . . a crime other than theft, receiving stolen property, or money laundering. |
. . . a criminal offense substantially related to the profession of pawnbroker other than theft, receiving stolen property, or money laundering. |
(1) The Division
of Financial Institutions, concerning precious metals dealers,
may revoke or suspend a precious metals dealer's license if the licensee is
convicted of . . . |
(1) . .
. any
felony offense or crime involving moral turpitude. |
(1) . .
. or pleads guilty to
any criminal offense substantially related to the profession of precious
metals dealer. |
The State
Board of Pharmacy, concerning pharmacists and pharmacy interns,
may refuse to grant an identification card or impose sanctions on a card
holder if a pharmacist or pharmacy intern is guilty of . . . |
. . . a felony or gross immorality, or has been convicted of a misdemeanor related to, or committed in, the practice of pharmacy. |
. . . a criminal offense substantially related to the practice of pharmacy. |
(1) The State
Board of Pharmacy, concerning wholesale distributors of
dangerous drugs, must not register any person as a wholesale
distributor of dangerous drugs if the person is convicted of . . . |
(1) . .
. a
felony unless the person assures the Board that the person has adequate
safeguards in place to prevent recurrent violations. |
(1) . .
. a
criminal offense substantially related to the profession of wholesale
distributor of dangerous drugs, unless the person assures the Board that the
person had adequate safeguards in place to prevent recurrent violations. |
(1) The State
Medical Board may limit or refuse to register an applicant or
otherwise discipline a certificate holder if, in this state, the person
pleads guilty to or a court makes a judicial finding of guilt of or judicial
finding of eligibility for intervention in lieu of conviction for . . . |
(1) . .
. a felony, misdemeanor committed in the course of practice, or misdemeanor
involving moral turpitude. |
(1) . .
. a criminal offense that is substantially related to (1) the practice
of medicine or as a physician assistant, (2) for anesthesiologist
assistants, the practice of anesthesiologist assistant, (3) for
acupuncturists, the practice of acupuncture, or (4) for radiologist
assistants, the practice of radiologist assistant. |
The State
Medical Board must automatically suspend an anesthesiologist
assistant's and an acupuncturist's certificate of
registration if the person pleads guilty to or a judge or jury makes a
judicial finding of guilt of or judicial finding of eligibility for
intervention in lieu of conviction in this state or treatment of intervention
in lieu of conviction in another jurisdiction for . . . |
. . . any of the following criminal offenses in this state or a substantially equivalent criminal offense in another jurisdiction: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary. |
. . . any criminal offense that is substantially related to (1) the practice of anesthesiologist assistant, or (2) for acupuncturists, the practice of acupuncture. |
The State
Board of Psychology, concerning licensed psychologists and
licensed school psychologists, may refuse to issue, suspend, revoke a
license to practice psychology or issue a reprimand to a person who is
convicted of . . . |
. . . a felony or any offense involving moral turpitude in this state, any other state, or federal court. |
. . . or pleads guilty to a criminal offense that is substantially related to the practice of psychology in this state, any other state, or federal court. |
The State
Board of Registration for Professional Engineers and Surveyors may
deny an applicant or discipline a registrant if the person is convicted of or
pleads guilty |
. . . any felony or crime involving moral turpitude. |
. . . a criminal offense that is substantially related to the practice of professional engineering or professional surveying. |
(1) The State
Chiropractic Board may refuse to issue a license to practice
chiropractic or discipline a license holder if a person pleads guilty to or a
court makes a judicial finding of guilt of or a judicial finding of
eligibility for intervention in lieu of conviction for . . . |
(1) . .
. a felony in any jurisdiction, a misdemeanor involving moral turpitude in
this state, or a misdemeanor committed in the course of practice. |
(1) . .
. a criminal offense that is substantially related to the practice of
chiropractic in any jurisdiction. |
The Superintendent
of Real Estate, concerning real estate brokers, foreign real
estate dealers, and foreign real estate salesperson applicants, may
not allow an applicant to take the broker's examination, foreign real estate
dealer's examination, or foreign real estate sales person's examination if
the applicant has been convicted of . . . |
. . . a felony or a crime of moral turpitude unless the Superintendent of Real Estate disregards the conviction. |
. . . or pleaded guilty to a criminal offense that is substantially related to (1) for real estate brokers, the practice of real estate broker, (2) for foreign real estate dealers, the practice of foreign real estate dealer, and (3) for foreign real estate salespersons, the practice of foreign real estate salesperson. However, the Superintendent may disregard the conviction or guilty plea. |
(1) The Superintendent
of Real Estate, concerning real estate salesperson
applicants, may not allow an applicant to take the salesperson's examination
if the applicant has been convicted of . . . |
(1) . .
. a felony or a crime of moral turpitude unless the Superintendent of Real
Estate disregards the conviction. |
(1) . .
. or pleaded guilty to a criminal offense that is substantially related to
the practice of salesperson unless the Superintendent disregards the
conviction or guilty plea. |
(1) A real
estate broker licensee must notify the Superintendent of Real
Estate, within 15 days if the licensee |
(1) . .
. convicted of a felony or crime involving moral turpitude. |
(1) . .
. convicted of or pleads guilty to a criminal offense that is substantially
related to the practice of real estate broker or salesperson. |
The Ohio Real
Estate Commission must impose disciplinary sanctions upon a real
estate broker or salesperson who is found to have been convicted of .
. . |
. . . a felony or crime of moral turpitude. |
. . . or pleaded guilty to a criminal offense that is substantially related to practice as a real estate broker or salesperson. |
An applicant for a motor
vehicle salvage dealer license, a salvage motor vehicle auction
license, or a salvage motor vehicle pool license must submit a statement to
the Bureau of Motor Vehicles showing whether the applicant has
been convicted of . . . |
. . . a felony. |
. . . or pleaded
guilty to
a criminal offense that is substantially related to the profession of motor
vehicle salvage dealer, salvage motor vehicle auction, or salvage motor
vehicle pool. |
The Motor
Vehicle Salvage Dealer's Licensing Board may suspend or revoke a
license described above if the license holder has been convicted |
. . . a felony or violating any law that in any way relates to the theft of motor vehicles. |
. . . or pleaded guilty to a criminal offense that is substantially related to the operation of a motor vehicle salvage dealer, salvage motor vehicle auction, or salvage motor pool. |
(1) The Ohio
Construction Industry Licensing Board may not allow an applicant to
take an examination for a license if the person has been convicted of or
pleaded guilty to . . . |
(1) . .
. a misdemeanor involving moral turpitude or any felony. |
(1) . .
. a criminal offense that is substantially related to the construction
profession. |
The State
Veterinary Medical Licensing Board, concerning veterinarians
and veterinary technicians, may refuse to issue a license or
temporary permit to an applicant or discipline a licensee if the person is
convicted of . . . |
. . . any felony or crime involving moral turpitude. |
. . . or pleads guilty to a criminal offense that is substantially related to the practice of veterinary medicine or registered veterinary technician. |
The Hearing
Aid Dealers and Fitters Licensing Board may revoke or suspend a
license or permit if a person is convicted of . . . |
. . . a felony or a misdemeanor involving moral turpitude. |
. . . or pleads guilty to a criminal offense that is substantially related to the practice of hearing aid dealer or fitter. |
The Department
of Public Safety, concerning private investigators and security
guard providers, may not issue and may suspend, revoke, or refuse to
renew the license of a private investigator or security guard provider if the
person has been convicted |
. . . a felony or any offense or crime involving moral turpitude. |
. . . or pleaded guilty to a criminal offense that is substantially related to the practice of private investigator or security guard provider. |
The Department
of Public Safety, concerning employees of private investigators
and security guard providers, must issue an identification card to an
employee of a private investigator or security guard provider if the Bureau
of Criminal Identification and Investigation determines that the employee has
not been convicted of . . . |
. . . a felony within the last 20 years. |
. . . or pleaded guilty to a criminal offense that is substantially related to the practice of private investigator or security guard provider within the last 20 years. |
The Board of
Examiners of Nursing Home Administrators must revoke or
suspend the license or registration of any registrant or licensee if the
person is convicted of . . . |
. . . a felony in this state or another state. |
. . . or pleaded guilty to a criminal offense that is substantially related to the practice of nursing home administration, in this state or another state. |
The Board of
Speech-Language Pathology and Audiology may refuse to issue a license
for or may discipline a speech-language pathologist or audiologist
if the person has been convicted of or pleaded guilty or nolo contendere to .
. . |
. . . a felony or a crime involving moral turpitude. |
. . . a criminal offense that is substantially related to the practice of speech-language pathology or audiology. |
The Occupational
Therapy Section of the Ohio Occupational Therapy,
Physical Therapy, and Athletic Trainers Board, concerning occupational
therapists and occupational therapy assistants, may refuse to issue a
license for or discipline an occupational therapist or occupational therapy
assistant if, in any state or country, the person is convicted of . . . |
. . . an offense involving moral turpitude or a felony reasonably related to the practice of occupational therapy. |
. . . pleads guilty to a criminal offense that is substantially related to the practice of occupational therapy. |
The Physical
Therapy Section or Athletic Trainer Section of the Ohio
Occupational Therapy, Physical Therapy, and Athletic Trainers Board,
concerning physical therapists, physical therapy assistants,
and athletic trainers, may refuse to issue a license for or may
discipline a physical therapist, physical therapy assistant, or athletic
trainer if, in any state or country, the person is convicted of . . . |
. . . a felony or crime involving moral turpitude. |
. . . or pleads guilty to a criminal offense that is substantially related to, (1) for physical therapists and physical therapy assistants, the practice of physical therapy, or (2) for athletic trainers, the practice of athletic trainer. |
The Professional
Standards Committees of the Counselor, Social Worker, and Marriage and Family
Therapist Board may refuse to issue a license or certificate of
registration to an applicant or may discipline a person licensed under the
Counselors, Social Workers, and Marriage and Family Therapists Law (Chapter
4757.) if, in this state or any other state, the person has been convicted of
. . . |
. . . a misdemeanor committed in the course of practice or a felony. |
. . . or pleaded guilty to a criminal offense that is substantially related to the practice of counselor, social worker, or marriage and family therapist. |
The Chemical
Dependency Professionals Board may refuse to issue a license or
discipline a person licensed under the Chemical Dependency Professionals Law
(Chapter 4758.) if, in this state or any other state, the person has been
convicted |
. . . a misdemeanor committed in the course of practice or a felony. |
. . . or pleaded guilty to a criminal offense that is substantially related to the practice of chemical dependency professional. |
The Ohio
Board of Dietetics may refuse to issue a license or permit to
practice dietetics or may discipline a licensee if the person has been
convicted |
. . . a felony or misdemeanor committed in the course of work as a dietitian in this state or any other state. |
. . . or pleaded guilty to a criminal offense that is substantially related to the practice of dietetics in this state or any other state. |
The Ohio
Respiratory Care Board may refuse to issue a license or may
discipline a licensee if the person pleads guilty to or a court makes a
judicial finding of guilt of or a judicial finding of eligibility for
intervention in lieu of conviction for . . . |
. . . an offense involving moral turpitude or a felony. |
. . . a criminal offense that is substantially related to the practice of respiratory care. |
The Real
Estate Appraiser Board may take any authorized
disciplinary action if a certificate holder, registrant, or licensee is
convicted of . . . |
. . . a felony or a crime involving moral turpitude. |
. . . or pleads guilty to a criminal offense that is substantially related to the practice of appraiser. |
The State
Board of Emergency Medical Services may suspend or revoke a
certificate of accreditation or approval if a certificate holder has been
convicted of or pleaded guilty to . . . |
. . . a felony or a crime
involving moral turpitude. |
. . . a criminal offense
that is substantially related to the practice of emergency medical services. |
The State
Board of Orthotics, Prosthetics, and Pedorthics may refuse to issue a
license or may discipline a licensee if the person if convicted of or pleads
guilty to . . . |
. . . a misdemeanor or felony involving moral turpitude. |
. . . a criminal offense that is substantially related to the practice of orthotics, prosthetics, or pedorthics. |
The Manufactured
Homes Commission, concerning manufactured home installers,
may deny, suspend, revoke, or refuse to renew a license if the person is
convicted of . . . |
. . . a felony or a crime involving moral turpitude. |
. . . or pleads guilty to a criminal offense that is substantially related to the practice of manufactured home installer. |
Within 90 days after the bill's effective date, each board, commission, and agency listed above must do all of the following:
(1) Adopt rules that identify each criminal offense that is substantially related to the occupation, profession, or trade under its supervision or regulation;
(2) Keep records of the number of licenses, permits, registrations, and certificates that are denied, revoked, or suspended because the applicant or license, permit, registration, or certificate holder is convicted of or pleads guilty to a criminal offense that is substantially related to the occupation, profession, or trade under the supervision or regulation of the board, commission, or agency;
(3) Keep records of the reasons for the denials, revocations, or suspensions.
Additionally, in the absence of fraud or bad faith, no private cause of action for damages exists against any of the following entities or persons if a board, commission, or agency grants a license, permit, registration, or certificate to a person who is convicted of or pleads guilty to a criminal offense if that person, subsequent to receiving the license, permit, registration, or certificate, commits another criminal offense: (1) any board, commission, or agency, (2) a current or former board, commission, or agency member, (3) an agent of a board, commission, or agency, (4) a person formally requested by a board, commission, or agency to be a representative of the entity, or (5) an employee of a board, commission, or agency. (R.C. 4743.06.)
HISTORY
ACTION |
DATE |
|
|
Introduced |
04-08-09 |
H0127-I-128.docx/jc