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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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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 

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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; and	668

(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