Bill Text: OH HB98 | 2013-2014 | 130th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To revise the Occupational Licensing Law regarding military service members and veterans and to declare an emergency.

Spectrum: Slight Partisan Bill (Republican 82-42)

Status: (Passed) 2013-11-15 - Effective Date [HB98 Detail]

Download: Ohio-2013-HB98-Introduced.html
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 98


Representatives Gonzales, Retherford 

Cosponsors: Representatives Terhar, Pillich, Stinziano, Fedor, Becker, Ruhl, Dovilla, Young 



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.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, isHas 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 daysthe Ohio military reserve, the Ohio naval militia, or 119
the national guard of any other state;120

        (2) Certifies that, during the two-year period immediately 121
preceding application for a commercial driver's license, all of 122
the following apply:123

        (a) The applicant has not had more than one license, 124
excluding any military license.125

        (b) The applicant has not had any license suspended, revoked, 126
or canceled.127

        (c) The applicant has not had any convictions for any type of 128
motor vehicle for the offenses for which disqualification is 129
prescribed in section 4506.16 of the Revised Code.130

        (d) The applicant has not had more than one conviction for 131
any type of motor vehicle for a serious traffic violation.132

        (e) The applicant has not had any violation of a state or 133
local law relating to motor vehicle traffic control other than a 134
parking violation arising in connection with any traffic accident 135
and has no record of an accident in which the applicant was at 136
fault.137

        (3) In accordance with rules adopted by the director, 138
certifies and also provides evidence of all of the following:139

        (a) That the applicant is regularly employed or was regularly 140
employed within the preceding ninety days in a military position 141
requiring operation of a commercial motor vehicle;142

        (b) That the applicant was exempt from the requirements of 143
this chapter under division (B)(6) of section 4506.03 of the 144
Revised Code;145

        (c) That, for at least two years immediately preceding the 146
date of application or at least two years immediately preceding 147
the date the applicant separated from military service or 148
employment, the applicant regularly operated a vehicle 149
representative of the commercial motor vehicle type that the 150
applicant operates or expects to operate. 151

       (F)(1) The department of public safety may charge and collect 152
a divisible fee of fifty dollars for each skills test given as 153
part of a commercial driver's license examination. The fee shall 154
consist of ten dollars for the pre-trip inspection portion of the 155
test, ten dollars for the off-road maneuvering portion of the 156
test, and thirty dollars for the on-road portion of the test.157

       (2) The director may require an applicant for a commercial 158
driver's license who schedules an appointment with the highway 159
patrol or other authorized employee of the department of public 160
safety to take all portions of the skills test, to pay an 161
appointment fee of fifty dollars at the time of scheduling the 162
appointment. If the applicant appears at the time and location 163
specified for the appointment and takes all portions of the skills 164
test during that appointment, the appointment fee shall serve as 165
the skills test fee. If the applicant schedules an appointment to 166
take all portions of the skills test and fails to appear at the 167
time and location specified for the appointment, no portion of the 168
appointment fee shall be refunded. If the applicant schedules an 169
appointment to take all portions of the skills test and appears at 170
the time and location specified for the appointment, but declines 171
or is unable to take all portions of the skills test, no portion 172
of the appointment fee shall be refunded. If the applicant cancels 173
a scheduled appointment forty-eight hours or more prior to the 174
time of the appointment time, the applicant shall not forfeit the 175
appointment fee.176

       An applicant for a commercial driver's license who schedules 177
an appointment to take one or more, but not all, portions of the 178
skills test shall be required to pay an appointment fee equal to 179
the costs of each test scheduled, as prescribed in division (F)(1) 180
of this section, when scheduling such an appointment. If the 181
applicant appears at the time and location specified for the 182
appointment and takes all the portions of the skills test during 183
that appointment that the applicant was scheduled to take, the 184
appointment fee shall serve as the skills test fee. If the 185
applicant schedules an appointment to take one or more, but not 186
all, portions of the skills test and fails to appear at the time 187
and location specified for the appointment, no portion of the 188
appointment fee shall be refunded. If the applicant schedules an 189
appointment to take one or more, but not all, portions of the 190
skills test and appears at the time and location specified for the 191
appointment, but declines or is unable to take all portions of the 192
skills test that the applicant was scheduled to take, no portion 193
of the appointment fee shall be refunded. If the applicant cancels 194
a scheduled appointment forty-eight hours or more prior to the 195
time of the appointment time, the applicant shall not forfeit the 196
appointment fee.197

       (3) The department of public safety shall deposit all fees it 198
collects under division (F) of this section in the state highway 199
safety fund.200

       (G) As used in this section, "skills test" means a test of an 201
applicant's ability to drive the type of commercial motor vehicle 202
for which the applicant seeks a commercial driver's license by 203
having the applicant drive such a motor vehicle while under the 204
supervision of an authorized state driver's license examiner or 205
tester.206

       Sec. 4713.60. (A) Except as provided in division (C) of this 207
section, a person seeking a renewal of a license to practice a 208
branch of cosmetology, managing license, or instructor license 209
shall include in the renewal application proof satisfactory to the 210
board of completion of any applicable continuing education 211
requirements established by rules adopted under section 4713.09 of 212
the Revised Code.213

       (B) If an applicant fails to provide satisfactory proof of 214
completion of any applicable continuing education requirements, 215
the board shall notify the applicant that the application is 216
incomplete. The board shall not renew the license until the 217
applicant provides satisfactory proof of completion of any 218
applicable continuing education requirements. The board may 219
provide the applicant with an extension of up to ninety days in 220
which to complete the continuing education requirement. In 221
providing for the extension, the board may charge the licensee a 222
fine of up to one hundred dollars.223

       (C) The board may waive, or extend the period for completing, 224
any continuing education requirement if a licensee applies to the 225
board and provides proof satisfactory to the board of being unable 226
to complete the requirement within the time allowed because of any 227
of the following:228

       (1) An emergency;229

       (2) An unusual or prolonged illness;230

       (3) Active duty service in any branch of the armed forces of 231
the United States, a reserve component of the armed forces of the 232
United States, the Ohio national guard, the Ohio military reserve, 233
the Ohio naval militia, or the national guard of any other state.234

       The board shall determine the period of time during which 235
each extension is effective and shall inform the applicant. The 236
board shall also inform the applicant of the continuing education 237
requirements that must be met to have the license renewed. If an 238
extension is granted for less than one year, the continuing 239
education requirement for that year, in addition to the required 240
continuing education for the succeeding year, must be completed in 241
the succeeding year. In all other cases the board may waive all or 242
part of the continuing education requirement on a case-by-case 243
basis. Any required continuing education shall be completed and 244
satisfactory proof of its completion submitted to the board by a 245
date specified by the board. Every license which has not been 246
renewed in any odd-numbered year by the last day of January and 247
for which the continuing education requirement has not been waived 248
or extended shall be considered expired.249

       Sec. 4723.24.  (A) Except as otherwise specified in this 250
chapter, all active licenses and certificates issued under this 251
chapter shall be renewed biennially according to a schedule 252
established by the board of nursing. The board shall provide an 253
application for renewal to every holder of an active license or 254
certificate, except when the board is aware that an individual is 255
ineligible for license or certificate renewal for any reason, 256
including pending criminal charges in this state or another 257
jurisdiction, failure to comply with a disciplinary order from the 258
board or the terms of a consent agreement entered into with the 259
board, failure to pay fines or fees owed to the board, or failure 260
to provide on the board's request documentation of having 261
completed the continuing nursing education requirements specified 262
in division (C) of this section.263

       If the board provides a renewal application by mail, the 264
application shall be addressed to the last known post-office 265
address of the license or certificate holder and mailed before the 266
date specified in the board's schedule. Failure of the license or 267
certificate holder to receive an application for renewal from the 268
board shall not excuse the holder from the requirements contained 269
in this section, except as provided in section 5903.10 of the 270
Revised Code.271

       The license or certificate holder shall complete the renewal 272
form and return it to the board with the renewal fee required by 273
section 4723.08 of the Revised Code on or before the date 274
specified by the board. The license or certificate holder shall 275
report any conviction, plea, or judicial finding regarding a 276
criminal offense that constitutes grounds for the board to impose 277
sanctions under section 4723.28 of the Revised Code since the 278
holder last submitted an application to the board.279

        On receipt of the renewal application, the board shall verify 280
whether the applicant meets the renewal requirements. If the 281
applicant meets the requirements, the board shall renew the 282
license or certificate for the following two-year period.283

       If a renewal application that meets the renewal requirements 284
is submitted after the date specified in the board's schedule, but 285
before expiration of the license or certificate, the board shall 286
grant a renewal upon payment of the late renewal fee authorized 287
under section 4723.08 of the Revised Code.288

       (B) Every license or certificate holder shall give written 289
notice to the board of any change of name or address within thirty 290
days of the change. The board shall require the holder to document 291
a change of name in a manner acceptable to the board.292

       (C)(1) Except in the case of a first renewal after licensure 293
by examination, to be eligible for renewal of an active license to 294
practice nursing as a registered nurse or licensed practical 295
nurse, each individual who holds an active license shall, in each 296
two-year period specified by the board, complete continuing 297
nursing education as follows:298

       (a) For renewal of a license that was issued for a two-year 299
renewal period, twenty-four hours of continuing nursing education;300

       (b) For renewal of a license that was issued for less than a 301
two-year renewal period, the number of hours of continuing nursing 302
education specified by the board in rules adopted in accordance 303
with Chapter 119. of the Revised Code;304

       (c) Of the hours of continuing nursing education completed in 305
any renewal period, at least one hour of the education must be 306
directly related to the statutes and rules pertaining to the 307
practice of nursing in this state.308

       (2) The board shall adopt rules establishing the procedure 309
for a license holder to certify to the board completion of the 310
required continuing nursing education. The board may conduct a 311
random sample of license holders and require that the license 312
holders included in the sample submit satisfactory documentation 313
of having completed the requirements for continuing nursing 314
education. On the board's request, a license holder included in 315
the sample shall submit the required documentation.316

       (3) An educational activity may be applied toward meeting the 317
continuing nursing education requirement only if it is obtained 318
through a program or course approved by the board or a person the 319
board has authorized to approve continuing nursing education 320
programs and courses.321

       (4) The continuing education required of a certified 322
registered nurse anesthetist, clinical nurse specialist, certified 323
nurse-midwife, or certified nurse practitioner to maintain 324
certification by a national certifying organization shall be 325
applied toward the continuing education requirements for renewal 326
of a license to practice nursing as a registered nurse only if it 327
is obtained through a program or course approved by the board or a 328
person the board has authorized to approve continuing nursing 329
education programs and courses.330

       (D) Except as otherwise provided in section 4723.28 of the 331
Revised Code, an individual who holds an active license to 332
practice nursing as a registered nurse or licensed practical nurse 333
and who does not intend to practice in Ohio may send to the board 334
written notice to that effect on or before the renewal date, and 335
the board shall classify the license as inactive. During the 336
period that the license is classified as inactive, the holder may 337
not engage in the practice of nursing in Ohio and is not required 338
to pay the renewal fee.339

       The holder of an inactive license or an individual who has 340
failed to renew the individual's license may have the license 341
reactivated or reinstated upon doing the following, as applicable 342
to the holder or individual:343

       (1) Applying to the board for license reactivation or 344
reinstatement on forms provided by the board;345

       (2) Meeting the requirements for reactivating or reinstating 346
licenses established in rules adopted under section 4723.07 of the 347
Revised Code or, if the individual did not renew because of 348
service in the armed forces of the United States, a reserve 349
component of the armed forces of the United States, the Ohio 350
national guard, the Ohio military reserve, the Ohio naval militia, 351
or the national guard of any other state, as provided in section 352
5903.10 of the Revised Code;353

       (3) If the license has been inactive for at least five years 354
from the date of application for reactivation or has lapsed for at 355
least five years from the date of application for reinstatement, 356
submitting a request to the bureau of criminal identification and 357
investigation for a criminal records check and check of federal 358
bureau of investigation records pursuant to section 4723.091 of 359
the Revised Code.360

       Sec. 4725.16.  (A) Each certificate of licensure, topical 361
ocular pharmaceutical agents certificate, and therapeutic 362
pharmaceutical agents certificate issued by the state board of 363
optometry shall expire annually on the last day of December, and 364
may be renewed in accordance with this section and the standard 365
renewal procedure established under Chapter 4745. of the Revised 366
Code.367

       An optometrist seeking to continue to practice optometry 368
shall file with the board an application for license renewal. The 369
application shall be in such form and require such pertinent 370
professional biographical data as the board may require.371

       (B) All licensed optometrists shall annually complete 372
continuing education in subjects relating to the practice of 373
optometry, to the end that the utilization and application of new 374
techniques, scientific and clinical advances, and the achievements 375
of research will assure comprehensive care to the public. The 376
board shall prescribe by rule the continuing optometric education 377
that licensed optometrists must complete. The length of study 378
shall be twenty-five clock hours each year, including ten clock 379
hours of instruction in pharmacology to be completed by all 380
licensed optometrists.381

       Unless the continuing education required under this division 382
is waived or deferred under division (D) of this section, the 383
continuing education must be completed during the twelve-month 384
period beginning on the first day of October and ending on the 385
last day of September. If the board receives notice from a 386
continuing education program indicating that an optometrist 387
completed the program after the last day of September, and the 388
optometrist wants to use the continuing education completed after 389
that day to renew the license that expires on the last day of 390
December of that year, the optometrist shall pay the penalty 391
specified under section 4725.34 of the Revised Code for late 392
completion of continuing education.393

       At least once annually, the board shall mail to each licensed 394
optometrist a list of courses approved in accordance with 395
standards prescribed by board rule. Upon the request of a licensed 396
optometrist, the executive director of the board shall supply a 397
list of additional courses that the board has approved subsequent 398
to the most recent mailing of the list of approved courses.399

       (C)(1) Annually, not later than the first day of November, 400
the board shall mail a notice regarding license renewal to each 401
licensed optometrist who may be eligible for renewal. The notice 402
shall be sent to the optometrist's last address shown in the 403
board's records. If the board knows that the optometrist has 404
completed the required continuing optometric education for the 405
year, the board may include with the notice an application for 406
license renewal. 407

       (2) Filing a license renewal application with the board shall 408
serve as notice by the optometrist that the continuing optometric 409
education requirement has been successfully completed. If the 410
board finds that an optometrist has not completed the required 411
continuing optometric education, the board shall disapprove the 412
optometrist's application. The board's disapproval of renewal is 413
effective without a hearing, unless a hearing is requested 414
pursuant to Chapter 119. of the Revised Code. 415

       (3) The board shall refuse to accept an application for 416
renewal from any applicant whose license is not in good standing 417
or who is under disciplinary review pursuant to section 4725.19 of 418
the Revised Code. 419

       (4) Notice of an applicant's failure to qualify for renewal 420
shall be served upon the applicant by mail. The notice shall be 421
sent not later than the fifteenth day of November to the 422
applicant's last address shown in the board's records.423

       (D) In cases of certified illness or undue hardship, the 424
board may waive or defer for up to twelve months the requirement 425
of continuing optometric education, except that in such cases the 426
board may not waive or defer the continuing education in 427
pharmacology required to be completed by optometrists who hold 428
topical ocular pharmaceutical agents certificates or therapeutic 429
pharmaceutical agents certificates. The board shall waive the 430
requirement of continuing optometric education for any optometrist 431
who is serving on active duty in the armed forces of the United 432
States, a reserve component of the armed forces of the United 433
States, the Ohio national guard, the Ohio military reserve, the 434
Ohio naval militia, or the national guard of any other state or 435
who has received an initial certificate of licensure during the 436
nine-month period which ended on the last day of September.437

       (E) An optometrist whose renewal application has been 438
approved may renew each certificate held by paying to the 439
treasurer of state the fees for renewal specified under section 440
4725.34 of the Revised Code. On payment of all applicable fees, 441
the board shall issue a renewal of the optometrist's certificate 442
of licensure, topical ocular pharmaceutical agents certificate, 443
and therapeutic pharmaceutical agents certificate, as appropriate. 444

       (F) Not later than the fifteenth day of December, the board 445
shall mail a second notice regarding license renewal to each 446
licensed optometrist who may be eligible for renewal but did not 447
respond to the notice sent under division (C)(1) of this section. 448
The notice shall be sent to the optometrist's last address shown 449
in the board's records. If an optometrist fails to file a renewal 450
application after the second notice is sent, the board shall send 451
a third notice regarding license renewal prior to any action under 452
division (I) of this section to classify the optometrist's 453
certificates as delinquent. 454

       (G) The failure of an optometrist to apply for license 455
renewal or the failure to pay the applicable annual renewal fees 456
on or before the date of expiration, shall automatically work a 457
forfeiture of the optometrist's authority to practice optometry in 458
this state. 459

       (H) The board shall accept renewal applications and renewal 460
fees that are submitted from the first day of January to the last 461
day of April of the year next succeeding the date of expiration. 462
An individual who submits such a late renewal application or fee 463
shall pay the late renewal fee specified in section 4725.34 of the 464
Revised Code.465

       (I)(1) If the certificates issued by the board to an 466
individual have expired and the individual has not filed a 467
complete application during the late renewal period, the 468
individual's certificates shall be classified in the board's 469
records as delinquent.470

       (2) Any optometrist subject to delinquent classification may 471
submit a written application to the board for reinstatement. For 472
reinstatement to occur, the applicant must meet all of the 473
following conditions:474

       (a) Submit to the board evidence of compliance with board 475
rules requiring continuing optometric education in a sufficient 476
number of hours to make up for any delinquent compliance;477

       (b) Pay the renewal fees for the year in which application 478
for reinstatement is made and the reinstatement fee specified 479
under division (A)(8) of section 4725.34 of the Revised Code;480

       (c) Pass all or part of the licensing examination accepted by 481
the board under section 4725.11 of the Revised Code as the board 482
considers appropriate to determine whether the application for 483
reinstatement should be approved;484

       (d) If the applicant has been practicing optometry in another 485
state or country, submit evidence that the applicant's license to 486
practice optometry in the other state or country is in good 487
standing.488

       (3) The board shall approve an application for reinstatement 489
if the conditions specified in division (I)(2) of this section are 490
met. An optometrist who receives reinstatement is subject to the 491
continuing education requirements specified under division (B) of 492
this section for the year in which reinstatement occurs. 493

       Sec. 4725.51.  (A) Each license issued under sections 4725.40 494
to 4725.59 of the Revised Code shall expire on the first day of 495
January in the year after it was issued. Each person holding a 496
valid, current license may apply to the Ohio optical dispensers 497
board for the extension of the license under the standard renewal 498
procedures of Chapter 4745. of the Revised Code. Each application 499
for renewal shall be accompanied by a renewal fee the board shall 500
establish by rule and shall contain evidence that the applicant 501
has completed a continuing education program within the 502
immediately preceding one-year period as follows:503

       (1) Licensed spectacle dispensing opticians shall have 504
pursued four hours of study in spectacle dispensing, approved by 505
the board;506

       (2) Licensed contact lens dispensing opticians shall have 507
pursued eight hours of study in contact lens dispensing, approved 508
by the board.509

       (3) Licensed spectacle-contact lens dispensing opticians 510
shall have pursued courses of study under divisions (A)(1) and (2) 511
of this section.512

       (4) Licensed ocularists shall have pursued courses of study 513
as prescribed by rule of the board.514

       (B) No person who fails to renew histhe person's license 515
under division (A) of this section shall be required to take a 516
qualifying examination under section 4725.48 of the Revised Code 517
as a condition of renewal, provided that the application for 518
renewal and proof of the requisite continuing education hours are 519
submitted within ninety days from the date the license expired and 520
the applicant pays the annual renewal fee and a penalty of 521
seventy-five dollars. The board may provide, by rule, for an 522
extension of the grace period for licensed dispensing opticians 523
who are serving in the armed forces of the United States, a 524
reserve component of the armed forces of the United States, the 525
Ohio national guard, the Ohio military reserve, the Ohio naval 526
militia, or the national guard of any other state and for waiver 527
of the continuing education requirements or the penalty in cases 528
of hardship or illness.529

       (C) The board shall approve continuing education programs and 530
shall adopt rules as necessary for approving the programs. 531
Approved programs shall be scheduled, sponsored, and conducted in 532
accordance with the board's rules.533

       Sec. 4732.14.  On or before the thirty-first day of August of 534
each even-numbered year, each person licensed by the state board 535
of psychology shall register with the board on a form prescribed 536
by the board, giving the person's name, address, license number, 537
the continuing education information required by section 4732.141 538
of the Revised Code, and such other reasonable information as the 539
board requires, and pay to the board secretary a biennial 540
registration fee in an amount determined by the board, but not to 541
exceed two hundred seventy-five dollars in fiscal year 2000 and 542
three hundred fifty dollars in each fiscal year thereafter. A 543
person licensed for the first time on or before the thirty-first 544
day of August of an even-numbered year shall next be required to 545
register on or before the thirty-first day of August of the next 546
even-numbered year. 547

       Before the first day of August of each even-numbered year, 548
the secretary shall send a notice to each licensed psychologist 549
and licensed school psychologist, whether a resident or not, at 550
the licensed psychologist's or licensed school psychologist's last 551
known address, that the licensed psychologist's or licensed school 552
psychologist's biennial registration form and fee are due on or 553
before the last day of August. Before the fifteenth day of 554
September of such years, the secretary shall send a second notice 555
to each such person who has not paid the registration fee or 556
registered with the board as required by this section. A license 557
of any licensed psychologist or licensed school psychologist shall 558
automatically be suspended if the biennial registration fee is not 559
paid or the registration form is not received on or before the 560
thirtieth day of September of a renewal year. Within five years 561
thereafter, the board may reinstate any license so suspended upon 562
payment of the current registration fee and a penalty not to 563
exceed fifty dollars, as determined by the board, and receipt of 564
the registration form completed by the registrant in accordance 565
with this section and section 4732.141 of the Revised Code or in 566
accordance with any modifications authorized by the board under 567
division (F) of section 4732.141 of the Revised Code. The board 568
may by rule waive the payment of the registration fee and 569
completion of the continuing psychology education required by 570
section 4732.141 of the Revised Code by a licensed psychologist or 571
licensed school psychologist when the licensed psychologist or 572
licensed school psychologist is on active duty in the armed forces 573
of the United States, a reserve component of the armed forces of 574
the United States, the Ohio national guard, the Ohio military 575
reserve, the Ohio naval militia, or the national guard of any 576
other state.577

       Each licensed psychologist and licensed school psychologist 578
shall notify the secretary of any change in the licensed 579
psychologist's or licensed school psychologist's office address or 580
employment within ninety days of such change.581

       Sec. 4733.15.  (A) Registration expires on the last day of 582
December 2011, and becomes invalid on that date unless renewed. 583
For renewals after that date, registration expires biennially on 584
the last day of December following initial registration or renewal 585
of registration and becomes invalid on that date unless renewed. 586
Renewal may be effected by the applicant's payment to the 587
treasurer of state of a fee of forty dollars for a renewal of 588
registration as either a professional engineer or professional 589
surveyor and demonstration of completion of the continuing 590
professional development requirements of section 4733.151 of the 591
Revised Code. When notified as required in this section, a 592
registrant's failure to renew registration shall not deprive the 593
registrant of the right of renewal within the following twelve 594
months, but the fee to renew a registration within twelve months 595
after expiration shall be increased fifty per cent, and the 596
registrant shall certify completion of continuing professional 597
development hours as required in section 4733.151 of the Revised 598
Code.599

       The state board of registration for professional engineers 600
and surveyors may, upon request, waive the payment of renewal fees 601
or the completion of continuing professional development 602
requirements for a registrant during the period when the 603
registrant is on active duty in connection with any branch of the 604
armed forces of the United States, a reserve component of the 605
armed forces of the United States, the Ohio national guard, the 606
Ohio military reserve, the Ohio naval militia, or the national 607
guard of any other state.608

       (B) Each certificate of authorization issued pursuant to 609
section 4733.16 of the Revised Code shall authorize the holder to 610
provide professional engineering or professional surveying 611
services, through the registered professional engineer or 612
professional surveyor designated as being in responsible charge of 613
the professional engineering or professional surveying practice, 614
from the date of issuance until the last day of June next 615
succeeding the date upon which the certificate was issued, unless 616
the certificate has been revoked or suspended for cause as 617
provided in section 4733.20 of the Revised Code or has been 618
suspended pursuant to section 3123.47 of the Revised Code.619

       (C) If a registrant fails to renew registration as provided 620
under division (A) of this section, renewal and reinstatement may 621
be effected under rules the board adopts regarding requirements 622
for reexamination or reapplication, and reinstatement penalty 623
fees. The board may require a registrant who fails to renew 624
registration to complete the required hours of continuing 625
professional development as a condition of renewal and 626
reinstatement if the registrant seeks renewal and reinstatement 627
under this division.628

       Sec. 4743.04.  (A) The renewal of a license or other 629
authorization to practice a trade or profession issued under Title 630
XLVII of the Revised Code is subject to the provisions of section 631
5903.10 of the Revised Code relating to service in the armed 632
forces of the United States or, a reserve component of the armed 633
forces of the United States, the Ohio national guard, the Ohio 634
military reserve, the Ohio naval militia, or the national guard of 635
any other state.636

       (B) Continuing education requirements applicable to the 637
licensees under Title XLVII of the Revised Code are subject to the 638
provisions of section 5903.12 of the Revised Code relating to 639
active duty military service.640

       (C) A department, agency, or office of this state or of any 641
political subdivision of this state that issues a license or 642
certificate to practice a trade or profession may, pursuant to 643
rules adopted by the department, agency, or office, issue a 644
temporary license or certificate to practice the trade or 645
profession to a person whose spouse is on active military duty in 646
this state.647

       (D) The issuance of a license or other authorization to 648
practice a trade or profession issued under Title XLVII of the 649
Revised Code is subject to the provisions of section 5903.03 of 650
the Revised Code relating to service in the armed forces of the 651
United States, the Ohio national guard, the Ohio military reserve, 652
the Ohio naval militia, or the national guard of any other state.653

       Sec. 5903.03.  (A) As used in this section:654

       (1) "License" and "licensing agency" have the meanings 655
defined in section 5903.12 of the Revised Code.656

       (2) "Military" means the armed forces of the United States, a 657
reserve component of the armed forces of the United States, the 658
Ohio national guard, the Ohio military reserve, the Ohio naval 659
militia, or the national guard of any other state.660

       (B) Notwithstanding any provision of the Revised Code to the 661
contrary, a licensing agency shall consider an applicant for a 662
license:663

       (1) To have met the educational requirement for that license 664
if the applicant has completed a military program of training and 665
has been awarded a military primary specialty at a level that is 666
substantially equivalent to or exceeds the educational requirement 667
for that license; and668

       (2) To have met the experience requirement for that license 669
if the applicant has served in that military primary specialty 670
under honorable conditions for a period of time that is 671
substantially equivalent to or exceeds the experience requirement 672
for that license.673

       (C) A licensing agency may adopt rules under Chapter 119. of 674
the Revised Code regarding which military programs of training, 675
military primary specialties, and lengths of service are 676
substantially equivalent to or exceed the educational and 677
experience requirements for a license that agency issues.678

       Sec. 5903.10.  (A) A holder of an expired license or 679
certificate from this state or any political subdivision or agency 680
of the state to practice a trade or profession shall be granted a 681
renewal of the license or certificate by the issuing board or 682
authority at the usual cost without penalty and without 683
re-examination if not otherwise disqualified because of mental or 684
physical disability and if either of the following applies:685

       (1) The license or certificate was not renewed because of the 686
holder's service in the armed forces of the United States or, a 687
reserve component of the armed forces of the United States, 688
including the Ohio national guard, the Ohio military reserve, the 689
Ohio naval militia, or the national guard of any other state.690

       (2) The license or certificate was not renewed because the 691
holder's spouse served in the armed forces of the United States 692
or, a reserved component of the armed forces of the United States, 693
including the Ohio national guard, the Ohio military reserve, the 694
Ohio naval militia, or the national guard of any other state, and 695
the service resulted in the holder's absence from this state. 696

       (B) A renewal shall not be granted under division (A) of this 697
section unless the holder or the holder's spouse, whichever is 698
applicable, has presented satisfactory evidence of the service 699
member's discharge under honorable conditions or release under 700
honorable conditions from active duty or national guard duty 701
within six months after the discharge or release.702

       Sec. 5903.12.  (A) As used in this section:703

       (1) "Continuing education" means continuing education 704
required of a licensee by law and includes, but is not limited to, 705
the continuing education required of licensees under sections 706
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24, 707
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141, 708
4736.11, 4741.16, 4741.19, 4751.07, 4755.63, 4757.33, 4759.06, 709
4761.06, and 4763.07 of the Revised Code.710

       (2) "License" means a license, certificate, permit, or other 711
authorization issued or conferred by a licensing agency under 712
which a licensee may engage in a profession, occupation, or 713
occupational activity.714

       (3) "Licensee" means a person to whom all of the following 715
apply:716

       (a) The person has been issued a license by a licensing 717
agency.718

       (b) The person is a member of the armed forces of the United 719
States, the Ohio national guard, the Ohio military reserve, the 720
Ohio naval militia, the national guard of any other state, or a 721
reserve component of the armed forces of the United States.722

       (c) The person has been called toserved on active duty, 723
whether inside or outside the United States, because of an 724
executive order issued by the president of the United States or an 725
act of congress, or upon the order of the governor, for a period 726
in excess of thirty-one days.727

       (4) "Licensing agency" means any state department, division, 728
board, commission, agency, or other state governmental unit 729
authorized by the Revised Code to issue a license.730

       (5) "Reporting period" means the period of time during which 731
a licensee must complete the number of hours of continuing 732
education required of the licensee by law.733

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

       Sec. 5903.121. A "licensing agency," as defined in section 744
5903.12 of the Revised Code, shall consider relevant education, 745
training, or service completed by a licensee as a member of the 746
armed forces of the United States or reserve components thereof, 747
the Ohio national guard, the Ohio military reserve, or the Ohio 748
naval militia, or the national guard of any other state in 749
determining whether a licensee has fulfilled required continuing 750
education.751

       Section 2.  That existing sections 4506.09, 4713.60, 4723.24, 752
4725.16, 4725.51, 4732.14, 4733.15, 4743.04, 5903.10, 5903.12, and 753
5903.121 of the Revised Code are hereby repealed.754

feedback