Professional licensing agencies are often permitted to act as “judge, jury, and executioner” as it pertains to the licenses and licensees they regulate. Indeed, the administrative hearing process often seems stacked against licensees. First, an agency investigator receives a complaint and investigates it. That investigator…
As we previously reported, in late 2021, the law changed and removed several possible collateral consequences criminal convictions could have on obtaining an initial professional license. As a refresher, for most convictions, and most licenses, an agency can now only deny your application based on…
If you are licensed by any agency in Ohio, make sure the e-mail address that the agency has on file is one that you continue to have access to and continue to check regularly. Under current law, when an agency intends to take action against…
Under current law, most appeals of agency decisions against a professional license or application for a professional license are made to the Court of Common Pleas in the county where the business is located or where the licensee or applicant resides. Appeals from decisions of…
Many Ohio laws prevent individuals with criminal records from obtaining certain licenses or jobs. Luckily, there are several avenues to overcome legal barriers (or “collateral sanction”[1]), such as through record sealing, expungement, pardons, and Certificates of Qualification for Employment (“CQEs”). Individuals with criminal convictions may…
Effective May 27, 2023 the Ohio Board of Pharmacy expanded the list of approved drug repositories to include charitable pharmacies, hospitals, and non-profit clinics. A drug repository is a program that receives eligible donated drugs to provide to patients who are uninsured, underinsured, or who…
When the Department of Insurance revokes an agent’s license or accepts the voluntary surrender for cause of an agent’s license, it cannot make that action permanent. After five years, the agent who surrendered their license or who had their license revoked can request a modification…
Late last year, the Ohio Supreme Court enshrined what most of us practicing in this field already knew: “shall” does not always mean “shall.” As we have previously addressed, upon appeal of an agency order, Ohio law requires the agency to certify a complete record…
Ohio Senate Bill 1, as passed by the Ohio Senate 26-7 on March 1, 2023, shifts oversight of Ohio’s public education system from the State Board of Education to the governor’s office. In summary, Senate Bill 1 renames the Department of Education to the Department…
On March 29, 2023, Governor DeWine signed an executive order directing the State of Ohio Board of Pharmacy to reclassify xylazine as a controlled substance. The reason given for placing xylazine on Ohio’s controlled substance list is its increasing prevalence in overdose deaths and in…
