Current through all regulations passed and filed through September 16, 2024
(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.
