Bill Text: OH HB62 | 2009-2010 | 128th General Assembly | Comm Sub

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Bill Title: To require relevant military experience to be considered by state licensing boards and agencies and by private state contractors, to permit state licensing entities to consider relevant military training if certain criteria are met, to provide a waiver of a licensure or certification fee if a veteran is within six months of separation from active military duty, and to eliminate certain exemptions to the licensure and certification requirements for counselors, social workers, and marriage and family therapists.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Engrossed - Dead) 2009-12-17 - To State & Local Government & Veterans Affairs [HB62 Detail]

Download: Ohio-2009-HB62-Comm_Sub.html

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As Reported by the House Veterans Affairs Committee

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 62

Representative Pryor 

Cosponsors: Representatives Book, Dodd, Domenick, Fende, Garrison, Letson, Luckie, Murray, Newcomb, Pillich, Slesnick, Ujvagi, Winburn, Yuko, Combs, Goyal 

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A BILL

To amend sections 3107.014 and 4757.41 and to enact

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section 5903.101 of the Revised Code to require

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relevant military experience to be considered by

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state licensing boards and agencies and by private

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state contractors, to permit state licensing

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entities to consider relevant military training if

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certain criteria are met, to provide a waiver of a

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licensure or certification fee if a veteran is

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within six months of separation from active

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military duty, and to eliminate certain exemptions

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to the licensure and certification requirements

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for counselors, social workers, and marriage and

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family therapists.

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

Section 1. That sections 3107.014 and 4757.41 be amended and	14
section 5903.101 of the Revised Code be enacted to read as	15
follows:	16

Sec. 3107.014.  (A) Except as provided in division (B) of	17
this section, only an individual who meets all of the following	18
requirements may perform the duties of an assessor under sections	19
3107.031, 3107.032, 3107.082, 3107.09, 3107.101, 3107.12,	20
5103.0324, and 5103.152 of the Revised Code:	21

(1) The individual must be in the employ of, appointed by, or	22
under contract with a court, public children services agency,	23
private child placing agency, or private noncustodial agency;	24

(2) The individual must be one of the following:

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(a) A professional counselor, social worker, or marriage and	26
family therapist licensed under Chapter 4757. of the Revised Code;	27

(b) A psychologist licensed under Chapter 4732. of the	28
Revised Code;	29

(c) A student working to earn a four-year, post-secondary	30
degree, or higher, in a social or behavior science, or both, who	31
conducts assessor's duties under the supervision of a professional	32
counselor, social worker, or marriage and family therapist	33
licensed under Chapter 4757. of the Revised Code or a psychologist	34
licensed under Chapter 4732. of the Revised Code. Beginning July	35
1, 2009, a student is eligible under this division only if the	36
supervising professional counselor, social worker, marriage and	37
family therapist, or psychologist has completed training in	38
accordance with rules adopted under section 3107.015 of the	39
Revised Code.	40

(d) A civil service employee engaging in social work without	41
a license under Chapter 4757. of the Revised Code, as permitted by	42
division (A)(5) of section 4757.41 of the Revised CodeAn employee	43
of a court or public children services agency employed to conduct	44
the duties of an assessor;	45

(e) A former employee of a public children services agency	46
who, while so employed, conducted the duties of an assessor.	47

(3) The individual must complete training in accordance with	48
rules adopted under section 3107.015 of the Revised Code.	49

(B) An individual in the employ of, appointed by, or under	50
contract with a court prior to September 18, 1996, to conduct	51
adoption investigations of prospective adoptive parents may	52
perform the duties of an assessor under sections 3107.031,	53
3107.032, 3107.082, 3107.09, 3107.101, 3107.12, 5103.0324, and	54
5103.152 of the Revised Code if the individual complies with	55
division (A)(3) of this section regardless of whether the	56
individual meets the requirement of division (A)(2) of this	57
section.	58

(C) A court, public children services agency, private child	59
placing agency, or private noncustodial agency may employ,	60
appoint, or contract with an assessor in the county in which a	61
petition for adoption is filed and in any other county or location	62
outside this state where information needed to complete or	63
supplement the assessor's duties may be obtained. More than one	64
assessor may be utilized for an adoption.	65

(D) Not later than January 1, 2008, the department of job and	66
family services shall develop and maintain an assessor registry.	67
The registry shall list all individuals who are employed,	68
appointed by, or under contract with a court, public children	69
services agency, private child placing agency, or private	70
noncustodial agency and meet the requirements of an assessor as	71
described in this section. A public children services agency,	72
private child placing agency, private noncustodial agency, court,	73
or any other person may contact the department to determine if an	74
individual is listed in the assessor registry. An individual	75
listed in the assessor registry shall immediately inform the	76
department when that individual is no longer employed, appointed	77
by, or under contract with a court, public children services	78
agency, private child placing agency, or private noncustodial	79
agency to perform the duties of an assessor as described in this	80
section. The director of job and family services shall adopt rules	81
in accordance with Chapter 119. of the Revised Code necessary for	82
the implementation, contents, and maintenance of the registry, and	83
any sanctions related to the provision of information, or the	84
failure to provide information, that is needed for the proper	85
operation of the assessor registry.	86

Sec. 4757.41.  (A) This chapter shall not apply to the	87
following:	88

(1) A person certified by the state board of education under	89
Chapter 3319. of the Revised Code while performing any services	90
within the person's scope of employment by a board of education or	91
by a private school meeting the standards prescribed by the state	92
board of education under division (D) of section 3301.07 of the	93
Revised Code or in a program operated under Chapter 5126. of the	94
Revised Code for training individuals with mental retardation or	95
other developmental disabilities;	96

(2) Psychologists or school psychologists licensed under	97
Chapter 4732. of the Revised Code;	98

(3) Members of other professions licensed, certified, or	99
registered by this state while performing services within the	100
recognized scope, standards, and ethics of their respective	101
professions;	102

(4) Rabbis, priests, Christian science practitioners, clergy,	103
or members of religious orders and other individuals participating	104
with them in pastoral counseling when the counseling activities	105
are within the scope of the performance of their regular or	106
specialized ministerial duties and are performed under the	107
auspices or sponsorship of an established and legally cognizable	108
church, denomination, or sect or an integrated auxiliary of a	109
church as defined in federal tax regulations, paragraph (g)(5) of	110
26 C.F.R. 1.6033-2 (1995), and when the individual rendering the	111
service remains accountable to the established authority of that	112
church, denomination, sect, or integrated auxiliary;	113

(5) Any person employed in the civil service as defined in	114
section 124.01 of the Revised Code while engaging in social work	115
or professional counseling as a civil service employee;	116

(6) A student in an accredited educational institution while	117
carrying out activities that are part of the student's prescribed	118
course of study if the activities are supervised as required by	119
the educational institution and if the student does not hold	120
herself or himself out as a person licensed or registered under	121
this chapter;	122

(7) Until two years after the date the department of alcohol	123
and drug addiction services ceases to administer its process for	124
the certification or credentialing of chemical dependency	125
counselors and alcohol and other drug prevention specialists under	126
section 3793.07 of the Revised Code, as specified in division (B)	127
of that section, or in the case of an individual who has the	128
expiration date of the individual's certificate or credentials	129
delayed under section 4758.04 of the Revised Code, until the date	130
of the delayed expiration, individuals with certification or	131
credentials accepted by the department under that section who are	132
acting within the scope of their certification or credentials as	133
members of the profession of chemical dependency counseling or as	134
alcohol and other drug prevention specialists;	135

(8)(6) Individuals who hold a license or certificate under	136
Chapter 4758. of the Revised Code who are acting within the scope	137
of their license or certificate as members of the profession of	138
chemical dependency counseling or alcohol and other drug	139
prevention services;	140

(9)(7) Any person employed by the American red cross while	141
engaging in activities relating to services for military families	142
and veterans and disaster relief, as described in the "American	143
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as	144
amended;	145

(10)(8) Members of labor organizations who hold union	146
counselor certificates while performing services in their official	147
capacity as union counselors;	148

(11)(9) Any person employed in a hospital as defined in	149
section 3727.01 of the Revised Code or in a nursing home as	150
defined in section 3721.01 of the Revised Code while providing as	151
a hospital employee or nursing home employee, respectively, social	152
services other than counseling and the use of psychosocial	153
interventions and social psychotherapy.	154

(B) Divisions (A)(5), (9),(7) and (11)(9) of this section do	155
not prevent a person described in those divisions from obtaining a	156
license or certificate of registration under this chapter.	157

(C) Nothing in this chapter shall be construed to require	158
licensure or certification for a caseworker employed by a public	159
children services agency under section 5153.112 of the Revised	160
Code.	161

Sec. 5903.101. (A) Except as provided in division (B) of this	162
section, a state department, division, board, commission, agency,	163
or other state governmental unit, or a private state contractor,	164
authorized by the Revised Code to grant a licensure or	165
certification shall, upon presentation of satisfactory evidence,	166
consider relevant education, training, or service completed by an	167
individual as a member of the armed forces of the United States or	168
reserve components thereof, the national guard of any state, the	169
military reserve of any state, or the naval militia of any state	170
toward the qualifications required to receive the licensure or	171
certification.	172

(B)(1) If an individual is required to successfully complete	173
specific training or education authorized by a state or nationally	174
accredited entity as a prerequisite for obtaining a state license	175
or certification and the state or nationally accredited entity	176
accepts relevant military education, service, or training to	177
fulfill part or all of those requirements, the state department,	178
division, board, commission, agency or other state governmental	179
unit, or a private state contractor has met the duty specified in	180
division (A) of this section upon receiving proof by the	181
individual of completion of the specific training or education	182
authorized by a state or nationally accredited entity.	183

(2) An education program approved by a state department,	184
division, board, commission, agency or other state governmental	185
unit, or a private state contractor, may grant advanced standing	186
to an individual who served as a member of the armed forces of the	187
United States or reserve components thereof, the national guard of	188
any state, the military reserve of any state, or the naval militia	189
of any state for the individual's prior relevant military	190
experience and coursework, in accordance with specific written	191
policies and procedures of the education program and in accordance	192
with rules promulgated by the appropriate governmental unit or	193
contractor that permit granting advanced standing in those	194
education programs. If applicable, such advanced standing shall be	195
applied to the individual's status toward completion of an	196
education program if the individual satisfies all of the program	197
requirements adopted under the appropriate governmental unit's or	198
contractor's rules.	199

(C) If, within six months before or after discharge or	200
separation, an individual otherwise qualified to receive a	201
licensure or certification presents satisfactory evidence of	202
honorable discharge or separation under honorable conditions, the	203
state department, division, board, commission, agency, or other	204
state governmental unit, or a private state contractor, issuing	205
the licensure or certification shall waive any licensure or	206
certification fee.	207

Section 2.  That existing sections 3107.014 and 4757.41 of	208
the Revised Code are hereby repealed.	209

Section 3. Within one year after the effective date of this	210
act, the Office of Collective Bargaining within the Department of	211
Administrative Services shall implement the change by this act to	212
division (A)(5) of section 4757.41 of the Revised Code.	213

Within ninety days after the effective date of this act, the	214
Office of Collective Bargaining shall negotiate with each state	215
agency and the affected union to reach a mutually agreeable	216
resolution for employees impacted by this change.	217

Notwithstanding divisions (A) and (D) of section 124.14 of	218
the Revised Code or any other contrary provision of law, for	219
employees in the service of the state exempt from Chapter 4117. of	220
the Revised Code who are impacted by this change, the Director of	221
Administrative Services may implement any or all of the provisions	222
of the resolutions described in the preceding paragraph. Nothing	223
in this Section shall be construed as restricting the Director	224
from developing new classifications related to this change or from	225
reassigning impacted employees to appropriate classifications	226
based on the employee's duties and qualifications.	227