Current through all regulations passed and filed through September 16, 2024
(A) Definitions.
(1) "Armed forces" means:
(a) The armed forces of the United States,
including the army, navy, air force, marine corps, and coast guard;
(b) A reserve component of the armed forces
listed in paragraph (A)(1)(a) of this rule;
(c) The national guard, including the Ohio
national guard or the national guard of any other state;
(d) The commissioned corps of the United
States public health service;
(e)
The merchant marine service during wartime; or
(f) The Ohio organized militia when engaged
in full-time national guard duty for a period of more than thirty
days.
(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, who has been discharged under honorable
conditions or who has been transferred to the reserve with evidence of
satisfactory service.
(4)
"Temporary Miltary License" means a license issued in
accordance with section
4743.041 of
the Revised Code.
(5)
"Miltary Spouse" means a person legally married to a
person serving on active duty in the United States armed
forces.
(6)
"Qualifying license" means a license or certification
issued by a state or jurisdiction.
(B) Eligibility for
a
non-military license when the applicant relies upon qualifying service in the
armed forces.
In accordance with section
5903.03 of
the Revised Code, the following military programs of training, military primary
specialties, and lengths of service are substantially equivalent to or exceed
the educational and experience requirements for licensure as an:
(1) Independent social workers.
(a) Military programs of training.
There are no military programs of training that are
substantially equivalent to or exceed the educational and experience
requirements for licensure as a independent social worker. An individual
serving in a military primary specialty listed in paragraph (B)(1)(b) of this
rule must be a graduate of a master's in social work program accredited by the
council for social work education (CSWE) to serve in that specialty.
(b) Military primary specialties
for independent social workers.
(i) Army:
social worker (AOC 73A)
(ii) Navy:
social worker (NOBC none)
(iii) Air
force: clinical social worker (AFSC 42SX)
(c) Lengths of service.
There are no minimal lengths of service that would be
substantially equivalent to or exceed the educational and experience
requirements for licensure as a licensed professional clinical counselor,
independent social worker or independent marriage and family therapist.
(2) Social work
assistant.
(a) Military programs of training.
There are no military programs of training that are
substantially equivalent to or exceed the educational and experience
requirements for registration as a social work assistant. There are no military
primary specialties for social work assistant registration.
Military primary specialties: none.
(b) Lengths of service.
There are no minimal lengths of service that would be
substantially equivalent to or exceed the educational and experience
requirements for registration as a social work assistant.
(3) Licensed professional clinical
counselor.
(a) Military programs of training.
There are no military programs of training that are
substantially equivalent to or exceed the educational and experience
requirements for licensure as a licensed professional clinical
counselor.
Military primary specialties: none.
(4) Independent marriage and
family therapist.
(a) Military programs of
training.
There are no military programs of training that are
substantially equivalent to or exceed the educational and experience
requirements for licensure as an independent marriage and family therapist.
There are no military primary specialties for licensure as an independent
marriage and family therapist.
Military primary specialties: none.
(b) Lengths of service.
There are no minimal lengths of service that would be
substantially equivalent to or exceed the educational and experience
requirements for registration as a social work assistant.
(C) License renewal and
continuing education for a non-military license held by
a member of the armed forcees.
(1) Per
section
5903.10
of the Revised Code, a licensee or registrant shall be granted a renewal of the
license or certificate by the board at the usual fee without a late fee as
required by rule
4757-1-05 of the
Administrative Code, if not otherwise disqualified because of mental or
physical disability, and if either paragraph (C)(1)(a) or (C)(1)(b) of this
rule applies:
(a) The license or registration
was not renewed because of the holder's service in the armed forces of the
United States or a reserve component of the armed forces of the United States,
including the Ohio national guard.
(b) The license or certificate was not
renewed because the holder's spouse served in the armed forces of the United
States or a reserve component of the armed forces of the United States,
including the Ohio national guard, and the service resulted in the holder's
absence from this state.
(c) A
renewal shall not be granted under this paragraph unless the holder or the
holder'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 or national guard duty within six months
after the discharge or release.
(2) Military members on active duty outside
of Ohio may receive a complete or partial waiver of all continuing education
hours upon providing proof of orders outside of Ohio. Military members in Ohio
may provide proof that they are unable to complete continuing education in
order to receive a full or partial waiver of continuing education hours
required.
(3) Per section
5903.12
of the Revised Code, a licensee or registrant upon application that is
accompanied by proper documentation certifying that the licensee has been
called to active duty as described in paragraph (D)(3)(a) and/or (D)(3)(b) of
this rule during the current or a prior reporting period and certifying the
length of that active duty, shall have the continuing education response time
extended for the current reporting period by an amount of time equal to the
total number of months that the licensee spent on active duty during the
current reporting period. For purposes of this rule, any portion of a month
served on active duty shall be considered one full month.
(a) The person is a member of the Ohio
national guard, the Ohio military reserve, the Ohio naval militia, or a reserve
component of the armed forces of the United States.
(b) The person has been called to active
duty, whether inside or outside the United States, because of an executive
order issued by the president of the United States or an act of congress, or
upon the order of the governor, for a period in excess of thirty-one
days.
(D)
Waiver of license application fee - permanent license
for a member of the armed forces.
(1)
The application fee shall be waived for an applicant who is a current member of
the armed forces.
(2) Paragraph (D)
of this rule applies to the following application fee types:
(a) Initial licensure by examination,
outlined in rules
4757-13-01,
4757-13-03,
4757-19-01,
4757-19-02,
4757-19-03,
4757-25-01
and
4757-25-03
of the Administrative Code.
(b)
Initial licensure by endorsement, outlined in rules
4757-13-06,
4757-19-07
and
4757-25-06
of the Administrative Code.
(c)
Reinstatement of an expired license, outlined in rule
4757-7-01
of the Administrative Code.
(d)
Restoration of a license in an inactive status, outlined in rule
4757-7-03
of the Administrative Code.
(E) Application process - permanent license for a member of the armed forces or
their spouse.
(1) The board's
applications shall include a question to identify if the applicant is a member
of the armed forces, a veteran, or a spouse or surviving spouse of a member of
the armed forces or veteran. This status shall be stored in the licensing
system.
(2) When the board receives
an application from an individual identified in paragraph (E)(1) of this rule,
the processing of that application shall be prioritized, with a goal of
ensuring that a license is issued the same day that the application is
complete.
(F)
Application for a temporary military license
(1)
In accordance
with division (C) of section
4743.041
of the Revised Code, a person who presents the following qualifications by
applying using an application required by the board is eligible for a temporary
military license to practice as a counselor, social worker, or marriage and
family therapist Ohio.
(a)
The person holds a valid license issued by another
state to practice as a social worker, counselor, or marriage and family
therapist;
(b)
The person is in good standing in the state of
licensure or certification;
(c)
The person
presents adequate proof to the board that the individual or the individual's
spouse is on active military duty in the state of Ohio;
(d)
The person
complies with the criminal records check requirements in section
4755.70
of the Revised Code. The results of the criminal records check shall be
received by the board prior to the issuance of a license to
practice.
(2)
The license issued to the applicant under this rule
will be the license that has the scope of practice comparable to the license
held in the state issuing the qualifying license.
(3)
The board must
abide by the timelines set forth in division (D) of section
4743.041
of the Revised Code in granting a military license.
(4)
An application
for a military license must include:
(a)
Proof of either of the following:
(i)
The applicant is
an active duty member of the armed forces of the United States who is stationed
in Ohio; or
(ii)
The applicant is married to an active duty member of
the armed forces of the United States who is stationed in Ohio.
(b)
Proof
the applicant holds a valid unrestricted license to practice as a counselor,
social worker, or marriage and family therapist in another
state;
(c)
Attestation the applicant has complied with the
criminal records check in section
4755.70
of the Revised Code.
(d)
Attestation the applicant will notify the board if they
become unqualifed for temporary military license as defined in paragraph
(F)(4)(e) of section 4757-1-08 of the rule or if the member is no longer
stationed in Ohio.
(e)
Attestation the applicant is aware that the temporary
military license will be revoked in accordance with Chapter 119 of the
Administrative Coce of the Revised Code if:
(i)
The qualfiying
license issued by another state expires or is revoked, or the person is not in
good standing;
(ii)
For a licensee who is a military spouse, six months
have elapsed since the divorce, dissolution, or annulment of the marriage to a
person in the military who qualified the licensee for a temporary military
license;
(iii)
The licensee is disqualified from obtaining a license
because of a conviction, judicial finding of guilt, or plea of guilty to a
disqualifying criminal offense.
(5)
To document,
track, prioritize, and expedite the issuance of licenses under this rule, the
board shall process the application in the following manner:
(a)
After initial
review by the license examiner assigned to complete an initial review of
submitted applications, route the application via the eLicense system to the
board staff member responsible for reviewing and issuing under this
rule;
(b)
If the application is complete, issue the license
immediately;
(c)
Communicate with the applicant regarding the status of
the application, including what information is needed to complete the
application;
(d)
Prioritize the application for approval even if it was
received later than applications requiring general processing.
(6)
A
temporary military license shall expire six years after the date of issuance
and is not renewable. A licensee may apply for a regular license by endorsement
or examination while the temporary military license is active.
(7)
The board shall
waive all license application associated with a temporary military
license.
(8)
An individual holding a temporary military license must
practice within the appropriate scope of practice for social work, counseling,
and marriage and family therapy in the state of Ohio.
