Ohio Admin. Code 4753-12-01 - Temporary licensure for active duty 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
audiology, speech-language pathology, conditional speech-language pathology,
audiology aide, or speech-language pathology aide license.
(1)
Pursuant to
division (D) of section
4743.04 of the Revised Code, the
board shall issue a temporary license to practice audiology, speech-language
pathology, conditional speech-language pathology, audiology aide, or
speech-language pathology aide, provided that all of the following
qualifications are met:
(a)
The individual holds a valid license to practice
audiology, speech-language pathology, conditional speech-language pathology or
equivalent, audiology aide, or speech-language pathology aide 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
4753.061 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, 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 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 shall be valid for a
period of more than six years.
(E)
If the individual
applies for a temporary conditional speech-langauge pathology license and has
completed the supervised professional experience requirements in accordance
with rule
4753-3-07 of the Administrative
Code, the board shall issue a temporary speech-language patholgoy
license.
(F)
The board shall, in accordance with Chapter 119. of the
Revised Code, deny an individual a temporary license issued under this rule or
revoke an individual's temporary license 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 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 a regular
license issued under this rule may practice audiology or speech-language
pathology 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 issued in accordance with this rule shall be
considered a license issued under the laws regulating the practice of audiology
or speech-language pathology. 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.
In accordance with section 5903. of the Revised Code, the board has determined that there are no military programs of training, military specialties and lengths of service that are substantially equivalent to or which exceed the educational and supervised training requirements for licensure as a speech-language pathologist or audiologist.
(B) Definitions related to military
service and veteran status.
(1) "Military," in accordance with
division (A) of section 5903.03 of the Revised Code, means the armed forces of
the United States, including the army, navy, air force, marine corps, coast
guard, or a reserve component of the armed forces of the United States,
including the Ohio national guard, Ohio organized militia, or the national
guard of any other state.
(2) "Member" means any person who is
serving in the armed forces.
(3) "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.
(1)
For
an applicant that does not meet the requirements under paragraph (B) of this
rule, each
Each applicant for initial
licensure
certification 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.
(1) In accordance with section
5903.10 of the Revised Code, and
absent grounds for denial set forth in section
4753.10 of the Revised Code, an
expired license, shall be renewed at the usual cost without penalty
and without re-examination 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 (D)
(K)(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
rule shall meet the requirements of paragraphs (E) and (F) of rule
4753-3-10 of the Administrative
Code.
(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 D
(K)(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 (A)(9) of rule
4753-4-01 of the Administrative
Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 4744.28, 4753.05(A)
Rule Amplifies: 4753.06, 5903.03
Prior Effective Dates: 01/08/2015
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