Ohio Admin. Code 4747-1-24 - Temporary licensure for members of the military and spouses; consideration of military experience and expedited licensure for military and spouses

(A) Definitions.

(1) "Armed forces" has the meaning defined in section 5903.01 of the Revised Code.

(2) "Service member" has the meaning defined in section 5903.01 of the Revised Code.

(3) "Merchant marine" has the meaning defined in section 5903.01 of the Revised Code.

(4) "Military duty" includes service in the uniformed services on active duty, in the active guard and reserve, and as a military technician dual status under 10 U.S.C. 10216.

(5) "Uniformed services" has the meaning defined in 10 U.S.C. 101.

(6) "Veteran" means any person who has completed service in the armed forces, including the national guard of any state, or a reserve component of the armed forces, who has been discharged under honorable conditions from the armed forces or who has been transferred to the reserve with evidence of satisfactory service.

(7) "Temporary Military License" means a license issued in accordance with section 4743.041 of the Revised Code.

(8) "Military Spouse" means a person legally married to a person serving on active duty in the United States armed forces.

(9) "Qualifying license" means a license or certification issued by a state or jurisdiction.

(B) Temporary hearing aid dealer license, hearing aid fitter license, or trainee permit.

(1) Pursuant to division (D) of section 4743.04 of the Revised Code, the board shall issue a temporary license as a hearing aid dealer or hearing aid fitter, or a temporary trainee permit provided that all of the following qualifications are met:

(a) The individual holds a valid license as a hearing aid dealer or hearing aid fitter, or a trainee permit issued by any other state or jurisdiction;

(b) The individual is in good standing in all state(s) or jurisdiction(s) of licensure;

(c) The individual presents adequate proof to the board that the individual or the individual's spouse is on active military duty in this state; and

(d) The individual complies with section 4747.051 of the Revised Code regarding submitting to a criminal records check to receive a license.

(C) To document, track, prioritize, and expedite the issuance of temporary licenses under this rule, the Board shall process the application in the following manner:

(1) Route the application to the board staff member responsible for monitoring and tracking applications received under this rule;

(2) Communicate with the applicant regarding the status of the application, including what information is needed to complete the application;

(3) Prioritize the application for approval;

(4) Notwithstanding any other provision of the Revised Code, the board shall waive all fees associated with the application for a temporary license under this rule.

(D) The board shall notify the applicant that the board has received the results of a criminal records check within twenty-four hours after receiving the results. The board shall issue a temporary license or temporary trainee permit, provided that the applicant meets the requirements of this rule, within fourteen days of having received the results of a criminal records check. If the board finds that the individual is under investigation by the licensing agency of any other state or jurisdiction, the board may postpone issuing the license or trainee permit until the investigation is complete and the licensing agency of the other state or jurisdiction confirms that the individual is in good standing. The board shall verify the standing of the individual's license(s) issued by other states or jurisdictions when the temporary license is up for renewal. No temporary license or temporary trainee permit shall be valid for a period of more than six years.

(E) If the individual applies for a temporary trainee permit and has completed the quaalifying requirements for licensing as a fitter in accordance with sections 4747.08 and 4747.10 of the Revised Code and rule 4747-1-14 of the Administrative Code, the board shall issue a temporary license as a hearing aid fitter.

(F) The board shall, in accordance with Chapter 119. of the Revised Code, deny an individual a temporary license or temporary trainee permit issued under this rule or revoke an individual's temporary license or temporary trainee permit issued under this rule, if any of the following circumstances occur:

(1) The individual's license issued by another state or jurisdiction expires or is revoked, or the individual is not in good standing;

(2) With respect to an individual who was eligible for a temporary license or temporary trainee permit under this rule as the spouse of an individual on military duty, six months have elapsed since the divorce, dissolution, or annulment of the marriage;

(3) The individual is disqualified from obtaining a license in the profession because of a conviction, judicial finding of guilt, or plea of guilty to a disqualifying criminal offense specified on the list the board makes available pursuant to division (C) of section 9.78 of the Revised Code.

(G) An individual with a temporary license or temporary trainee permit or a regular license or trainee permit issued under this rule may practice hearing aid dealing or hearing aid fitting in this state only within the scope and practice that is permitted under Ohio law and that does not exceed the individual's education or training.

(H) A license or trainee permit issued in accordance with this rule shall be considered a license or trainee permit issued under the laws regulating the practice of hearing aid dealing or hearing aid fitting. Provisions of applicable law to licenses issued to an applicant who does not obtain a license under this rule apply in the same manner to licenses issued under this rule.

(I) Initial application for a hearing aid dealer, hearing aid fitter or trainee permit.

(1) For an applicant that does not meet the requirements under paragraph (B) of this rule, each applicant for initial licensure as a hearing aid dealer or hearing aid fitter or intial trainee permit shall report on the board's application form, in a manner prescribed by the board, one's status as a member or veteran, or as the spouse or surviving spouse of a member or veteran.

(2) The board shall in its electronic database record, track, and monitor applications received from a member, veteran, or the spouse or surviving spouse of a member or veteran for the purpose of prioritizing and expediting licensure for each applicant who is a member, veteran, or the spouse or surviving spouse of a member or veteran.

(3) The board licensing staff shall conspicuously mark the electronic and paper application file of each member, veteran, or the spouse or surviving spouse of a member or veteran for the purpose of prioritizing the review and approval of those files.

(4) An applicant who is a member, veteran, or the spouse or surviving spouse of a member or veteran shall be granted priority of service by the board relative to the application review process in an expedited manner so long as the applicant has evidenced compliance with the other requirements for the application to be deemed complete for licensure.

(J) "Renewal of an Expired License" under Chapter 4747. of the Revised Code.

(1) In accordance with section 5903.10 of the Revised Code, and absent grounds for denial set forth in section 4747.12 of the Revised Code, an expired hearing aid dealer or hearing aid fitter license, shall be renewed at the usual cost without penalty if either of the following applies:

(a) The license was not renewed because of the licensee's service in the armed forces.

(b) The license was not renewed because the licensee's spouse served in the armed forces and the service resulted in the licensee's absence from this state.

(2) A renewal shall not be granted under paragraph (J)(1) of this rule unless the licensee or the licensee's spouse, whichever is applicable, has presented satisfactory evidence of the service member's discharge under honorable conditions or release under honorable conditions from active duty within six months after the discharge or release.

(3) Each applicant renewing an expired licensed under this section shall meet the requirements of rule 4747-1-11 of the Administrative Code.

(K) Continuing education.

(1) In accordance with section 5903.12 of the Revised Code, the provisions of this paragraph apply to a licensee who is a member, veteran, or the spouse or surviving spouse of a member or veteran of the armed forces of the United States, who has served on active duty for a period in excess of thirty-one days.

(2) A licensee who meets the provisions contained in paragraph (J)(1) of this rule may submit a statement and supporting documentation to the board requesting an extension of the current continuing education reporting period in accordance with paragraph (C)(8) of rule 4747-1-11 of the Administrative Code.

Notes

Ohio Admin. Code 4747-1-24

Effective: 6/26/2021
Five Year Review (FYR) Dates: 06/26/2026
Promulgated Under: 119.03
Statutory Authority: 4747.28, 4747.04(B)
Rule Amplifies: 5903.03