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State Medical Board May Be Required to Expedite Applications

Published: Mar 28, 2017 by John Izzo

House Bill 75 (HB 75) was introduced February 21, 2017. The sponsors, Theresa Gavarone (R-Bowling Green) and Derek Merrin (R-Monclova Township), recognize that Ohio has burdensome occupational licensing requirements, and often does not recognize licenses earned and issued in another state. In general, Ohio may require additional schooling or other requirements not needed for licensure or to practice in another state.

HB 75 seeks to support military families by recognizing their occupational licenses issued in other states. Representative Merrin estimated that thirty-five percent of military spouses are employed in fields that require a state license or certificate. Military spouses are often unable to immediately practice their trade or secure employment until they hurdle the bureaucratic licensing requirements found in Ohio.

HB 75 would streamline the licensing process for military members and their spouses. If a member of the military or their spouse holds an occupational license from a state that has equivalent or more stringent licensing requirements than Ohio, then they would receive a permanent license without meeting further requirements.

If they hold an occupational license from a state with less stringent licensing requirements than Ohio, then they would receive a license by endorsement for one year. They would then be given one year to satisfy the Ohio requirements for a full license. During this period, the scope of their practice will match what it is in the previous state.

The term license is defined broadly, meaning a license, certificate, permit, or other authorization issued or conferred by a licensing agency under which a licensee may engage in a profession, occupation, or occupational activity. This will cover almost every occupational license in Ohio. However, attorneys are specifically exempt from this process.

The Ohio State Medical Association (OSMA) provided testimony in support of this bill on March 15, 2017. They support the general concept of the legislation, but suggested additional language is necessary to ensure that concerns regarding scope of practice is addressed. Greg R. Lawson, Senior Policy Analyst for the Buckeye Institute for Public Policy Solutions, also provided testimony in support of HB 75.

The professional license defense attorneys at Graff & McGovern commend the Ohio Legislature for looking for ways to assist members of the military and their spouses. Graff & McGovern agrees with OSMA that healthcare professionals from other states who plan on working in Ohio need to be subject to the same rules and regulations as professionals originally granted a license in Ohio. The State Medical Board should follow this process very carefully in order to ensure the qualifications/competency of its licensees, and ultimately the safety of the public.

Should you have any questions about an occupational license, please contact an attorney at Graff & McGovern. Graff & McGovern has more Specialists in Administrative Agency Law than any other law firm in Ohio. Attorney John Izzo can be reached today at 614-228-5800.