Ohio's Occupational Licensing And Regulatory Boards

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Ohio’sOccupationalLicensing andRegulatoryBoardsAnnual Reportfor Fiscal Year 2007Ohio Legislative Service Commission77 South High Street, 9th FloorColumbus, Ohio 43215-6136December 2007

Ohio Legislative Service CommissionState HouseColumbus, Ohio 43215House MembersSenate MembersJon A. HustedChairmanBill HarrisVice-ChairmanJoyce BeattyJim CarmichaelLarry L. FlowersChris RedfernMichelle G. SchneiderWilliam J. SeitzTeresa FedorJeff JacobsonTom NiehausTom RobertsRobert SpadaSteve StiversMark C. FlandersInterim Director

Table of ContentsExecutive Summary .1Section I:General InformationBoard Descriptions.4New Legislation Effective in FY 2007 . 11Staffing Levels . 15Section II: Active Licenses in FY 2006 and FY 2007 . 19Section III: Revenues and Expenditures . 26Appendix: Board Directory. 32Prepared byJason Phillips, Budget AnalystLegislative Service Commission

Executive SummaryOhio's various occupational licensing and regulatory boards and commissions monitor,license, and regulate selected occupations and professions. The boards and commissions arecharged to ensure the health, safety, and welfare of the public by ensuring the professionals whopractice in these fields meet certain standards.Section 103.13(H) of the Revised Code requires the Legislative Service Commission(LSC) to annually prepare a report to evaluate the extent to which boards and commissions arefinancially self-supporting. This report provides a summary of the licensing and financialactivities as well as the legislative changes affecting the boards, commissions, and agencies thatregulate occupations and professions, as defined in section 4743.01 of the Revised Code, thattook place during FY 2007 (July 1, 2006 through June 30, 2007). Individual boards providedinformation for this report.Most of the occupational licensing and regulatory boards listed in this report depositfunds into the Occupational Licensing and Regulatory Fund (Fund 4K9), established by Am.Sub. H.B. 152 of the 120th General Assembly to serve as a repository for license fees and otherassessments. Before that, license fees and other assessments were deposited into andappropriatio ns for each licensing board were made from the GRF. The creation of Fund 4K9made it easier to evaluate the extent to which boards and commissions are financially selfsupporting. Fund 4K9 finished FY 2007 with an unencumbered cash balance of 28.7 million,with revenue of 35.0 million outpacing expenditures of 25.1 million. A few licensing boardsoperate through other non-GRF funds, which like Fund 4K9, are supported by license and otherfee revenue. They all finished FY 2007 with positive unencumbered cash balances.The Department of Administrative Services' Central Service Agency (CSA) supports theadministrative operations for most of the licensing boards. The majority of the agencies includedin this report use various services and forms of assistance available to them through CSA,including budget development, budget entry, Controlling Board support, managementconsultation, procurement, fiscal processing, human resources, fixed asset management, andpayroll. The consolidation of services available to the boards through CSA providesadministrative efficiencies for these shared services.The report includes data on 36 boards and commissions (some of which are under theauspices of larger agencies) and 5 regulatory divisions responsible for licensure housed withincabinet agencies. The information in this report is divided into three main sections that aredescribed below.Section I: General Information – The first section begins with a description of thefunctions of each licensing or regulatory board or program, followed by a brief description oflegislation that became effective in FY 2007 that affected one or more of the boards. There were12 such bills. Next, the section includes a table showing board membership, staffing levels, andprimary renewal cycles. Although many boards reported changes in staffing levels in FY 2007,these changes were minor in most cases. Of the entities included in this report, 19 haveLegislative Service Commission12007 Board Report

primarily annual renewal cycles, 19 have primarily biennial renewal cycles, and 3 have primarilytriennial renewal cycles. 1Section II: Active Licenses – The second section lists the total number of activelicenses for each board for FY 2006 and FY 2007. The percent change in the total number oflicenses between these fiscal years is also calculated. Three- fourths of agencies reported anincrease in the number of active licenses over the period. The timing of the renewal cycle doesnot appear to be a factor, as 15 of the 19 agencies using annual renewal cycles and 12 of 18agencies (not including the Manufactured Homes Commission, which had not begun licensingactivities in FY 2006) using biennial renewal cycles reported active license increases. In total,30 boards experienced increases in the number of active licenses and 10 experienced decreases.Only five boards experienced increases in licensing volume of more than 10%. No agencyexperienced a decline in active licenses of more than 10%.Section III: Revenues and Expenditures – The third section contains information onthe revenues and expenditures for each agency for FY 2006 and FY 2007. This information isorganized according to renewal cycle for each agency (e.g., annual and biennial). The tablecontains information on both Fund 4K9 revenues and expenditures and any non-Fund 4K9revenues and expenditures. The table also shows FY 2007 encumbrances, the changes in bothrevenue and expenditures from FY 2006 to FY 2007, and the net gain or loss for the two fiscalyears combined. While over three- fourths of annually renewing agencies (15 of 19) saw anincrease in the number of active licenses, just over half (11 of 19) reported increased revenue intheir respective operating funds between FY 2006 and FY 2007.There are a number of reasons for this. In some instances, declines in nonlicense feerevenue such as fines, civil penalties, examination fees, and other miscellaneous revenue sourcesimpacted whether or not an agency reported an overall gain or loss in revenue between FY 2006and FY 2007. Also, some funds received at the end of FY 2007 were deposited in FY 2008 as aresult of the conversion to the Ohio Administrative Knowledge System (OAKS). Of thoseannual renewal agencies that reported reduced revenue in operating funds from FY 2006 toFY 2007, nearly all decreases were less than 10%. While the majority of those agencies alsoreported increased spending from FY 2006 to FY 2007, 16 of 21 respective operating fundsposted positive two- year net balances.Note that the agencies that renew licenses biennially receive the bulk of their fee revenuein alternate years. Thus, comparing revenue between consecutive fiscal years can be difficult.However, a review of data presented in previous editions of the Ohio Occupational Licensingand Regulatory Board Report reveals that most such agencies experienced a gain in revenuebetween the two most recent "on-years," or those in which they receive the majority of theirrevenue. On the expenditure side, 12 agencies with a biennial renewal cycle increased spending1The Division of Real Estate and Professional Licensing, within the Department of Commerce, renews most of itslicense categories annually and thus is included among the annually renewing agencies for the purposes of thisreport. However, the Division's largest licensure categories, real estate salesperson and real estate broker, renewtriennially.Legislative Service Commission22007 Board Report

between FY 2006 and FY 2007, while 7 decreased spending during this period. Overall, 16 of19 biennially renewing agencies posted positive two- year net balances in their operating funds.Appendix: Board Directory – This section lists the name of each board's chiefadministrator, the board's postal address, phone number, e- mail address, and web site address.Legislative Service Commission32007 Board Report

Section IGeneral Information Board Descriptions New Legislation Board Staffing Levels

Board DescriptionsAccountancy Board of OhioThe Accountancy Board of Ohio tests, licenses, and regulates individuals and firms whopractice public accounting in this state to ensure that the services being provided are performedin accordance with all appropriate ethical and professional standards.Architect s, State Board of Examiners ofThe State Board of Examiners of Architects adopts, promulgates, and enforces the rulesand statutes governing the profession of architecture in the state of Ohio.Athletic Commission, OhioThe Ohio Athletic Commission regulates the striking sports (any public or privatecompetition that involves the sports of boxing, kickboxing, karate, tough- man or tough-personcontests, professional wrestling, or any other form of boxing or martial arts within the state ofOhio) and ensures the welfare and safety of contestants. The Commission licenses allparticipants for events, including contestants, athletic agents, promoters, seconds, and officials;assigns licensed officials and physicians; and collects permit fees and taxes at all events exceptwrestling events.Auctioneers Program (Agriculture)The Auctioneers Program, within the Department of Agriculture, Division ofEnforcement, administers Chapter 4707. of the Revised Code, which provides for the licensureof various auctioneers and auction firms.Barber Board, Ohio StateThe Ohio State Barber Board licenses barbers, barber instructors, barber shops, andbarber schools. The Board protects the health and welfare of the consuming public by settingstandards for licensure and by enforcing these standards through exams, investigations, anddisciplinary actions.Building Standards, Board of (Commerce)The Board of Building Standards, within the Department of Commerce, certifies localbuilding departments to enforce the Ohio Building Code. The Board also promulgates the statebuilding code, boiler code, and elevator code. The Board recently established the Ohio BuildingCode Academy to train new building department personnel. A minor function of the Board is tocertify building department personnel and fire protection system designers.Legislative Service Commission42007 Board Report

Chemical Dependency Professionals BoardThe Chemical Dependency Professionals Board is responsible for regulating the licensingand certification of chemical dependency counselors and prevention specialists, issuing andrenewing those licenses and certifications, investigating ethics complaints, and reviewing andapproving the content of education and training as it pertains to chemical dependency treatmentand prevention professionals.Chiropractic Board, Ohio StateThe Ohio State Chiropractic Board licenses and regulates the practice of chiropracticauthorized by the Chiropractic Practice Act, Chapter 4734. of the Revised Code, and issuescertificates to practice acupuncture to qualified chiropractic physicians.Construction Industry Licensing Board, Ohio (Commerce)The Ohio Construction Industry Licensing Board, within the Department of Commerce,licenses specialty contractors in five trades (HVAC, Refrigeration, Plumbing, Hydronics,Electrical) who perform commercial work in the state of Ohio. The Board also assuresprofessionalism and customer confidence through examination and continuing education.Cosmetology, Ohio State Board ofThe Ohio State Board of Cosmetology is dedicated to protecting the public by regulatingthe beauty industry in Ohio. The Board conducts over 8,000 practical and computer-basedexams to candidates who wish to enter the cosmetology field. In addition, field inspectorsconduct routine inspections of salons, tanning facilities, and cosmetology schools across Ohio.Counselor, Social Worker, and Marriage and Family Therapist BoardThe mission of the Counselor, Social Worker, and Marriage and Family Therapist Boardis to protect the citizens of the state of Ohio through the effective and efficient regulation of thepractices of counseling, social work, and marriage and family therapy as identified in Chapter4757. of the Revised Code. This mission is accomplished by the review of applicants'credentials, the administration of licensure examinations, and the establishment and enforcementof professional and ethical standards of practice.Dental Board, Ohio StateThe Ohio State Dental Board licenses and regulates the profession of dentistry, dentalhygiene, and dental assistant radiography through enforcement of Ohio's Dental Practice Act,found in Chapter 4715. of the Revised Code. The Board's focus is to protect the health andsafety of Ohio's citizens.Legislative Service Commission52007 Board Report

Dietetics, Ohio Board ofThe Ohio Board of Dietetics protects the health and safety of Ohio citizens by regulatingthe practice of dietetics as defined in Chapter 4759. of the Revised Code.Embalmers and Funeral Directors, Board ofThe Board of Embalmers and Funeral Directors licenses and regulates embalmers,funeral directors, crematory facilities, embalming facilities, and funeral homes. Under Chapter4717. of the Revised Code, the Board qualifies persons for registration; certifies and monitorsregistrants for apprenticeship, examination, and licensure; renews licenses; approves continuingeducation for licensees; inspects facilities; investigates consumer complaints; conducts hearingsand administers discipline.Emergency Medical Services, Board of (Public Safety)The Board of Emergency Medical Services, within the Department of Public Safety,oversees training and certifies all emergency medical technicians and firefighters. The Boardapproves all training institutions and instructors and administers its grant fund.Engineers and Surveyors, State Board of Registration for ProfessionalThe State Board of Registration for Professional Engineers and Surveyors oversees thelicensure and renewals of professional engineers and professional surveyors and enforces theprovisions of Chapter 4733. of the Revised Code.Financial Institutions, Division of (Commerce)The Division of Financial Institutions, within the Department of Commerce, isresponsible for the supervision and regulation of Ohio's state-chartered banks, credit unions,savings and loan associations, and savings banks. The Division also regulates trust companies,foreign and domestic money transmitters, mortgage brokers, second mortgage lenders, small loanlenders, pawnbrokers, precious metal dealers, insurance premium finance companies, creditservices organizations, check cashers, and check casher lenders.Hearing Aid Dealers and Fitters Licensing Board (Health)The Hearing Aid Dealers and Fitters Licensing Board, within the Department of Health,regulates the practice of fitting and selling hearing aids pursuant to Chapter 4747. of the RevisedCode.Industrial Compliance, Division of (Commerce)The Division of Industrial Compliance, within the Department of Commerce, providesbuilding and construction plans review and inspections of plumbing, electrical and structuralsystems, elevators, boilers, bedding and upholstered products, as well as regulation of individualsLegislative Service Commission62007 Board Report

in the building trades. The Division provides administrative support for three boards: Board ofBuilding Standards (which develops the Ohio Building Code), Board of Building Appeals(which handles compliance adjudication), and the Construction Industry Licensing Board (whichprovides testing, certification, licensing, and continuing education services for skilled trades).The Division also provides support to the Ohio Ski Tramway Board and the Historical BoilersLicensing Board.Landscape Architect Examiners, State Board ofThe State Board of Landscape Architect Examiners adopts, promulgates, and enforces therules and statutes governing the profession of landscape architecture in the state of Ohio.Manufactured Homes Commission, OhioThe Ohio Manufactured Homes Commission protects the property, safety, and health ofthe public through the regulation of manufactured home installation throughout the state; thedevelopment of uniform installation standards which meet or exceed the federal standards for theinstallation of manufactured homes and through the licensing of manufactured homes installers;the certification of building departments and their personnel; and the certification of third partyinspection agencies. In addition, the Commission provides a dispute resolution process, acontinuing education program, and licensing and certification exams. The Commission approvesmethods and materials used in the installation of manufactured homes, conducts investigationsregarding licensing and certification, and performs inspections of manufactured homeinstallations.Medical Board of Ohio, StateThe State Medical Board of Ohio protects and enhances the health and safety of thepublic by regulating the practice of Doctors of Medicine, Doctors of Osteopathic Medicine,Doctors of Podiatric Medicine, Limited Practitioners (Massage Therapists, Cosmetic Therapists,Naprapaths, and Mecha notherapists), Physician Assistants, Anesthesiologist Assistants, andAcupuncturists.Medical Transportation Board, OhioThe Ohio Medical Transportation Board ensures through inspection and licensure that allemergency, nonemergency, and air medical transportation services regulated by Chapter 4766. ofthe Revised Code provide appropriate care and safe transportation for the citizens of Ohio.Motor Vehicle Collision Repair Registration, Ohio Board ofThe Ohio Board of Motor Vehicle Collision Repair Registration registers all independentcollision repair facilities, which includes paintless dent repair, mobile airbag repairers,automotive glass repair shops, and mobile automotive repair and replacement technicians.Legislative Service Commission72007 Board Report

Motor Vehicle Dealer Licensing Board (Public Safety)The Motor Vehicle Dealer Licensing Board, within the Department of Public Safety,carries out all of the due process functions necessary to identify violators, charge them with theviolations, and to effectuate the suspension and revocation of the licenses of such violators. Theoffice assists in drafting amendments and organizing the public hearings for the adoption ofadministrative rules, etc.Motor Vehicle Salvage Dealer Licensing Board (Public Safety)The Motor Vehicle Salvage Dealer Licensing Board, within the Department of PublicSafety, carries out all of the due process functions necessary to identify violators, charge themwith the violations, and to effectuate the suspension and revocation of the licenses of suchviolators. The office assists in drafting amendments and organizing the public hearings for theadoption of administrative rules, etc.Nursing Home Administrators, Board of Examiners of (Health)The Board of Examiners of Nursing Home Administrators, within the Department ofHealth, uses its statutory power to develop, adopt, impose, and enforce regulations prescribingstandards, which must be met by individuals to receive and maintain a license as a nursing homeadministrator.Nursing, Ohio Board ofThe Ohio Board of Nursing actively safeguards the health of the public through theeffective regulation of nursing care. The Board regulates registered nurses, licensed practicalnurses, advanced practice nurses, dialysis technicians, community health workers, andmedication aides.Occupational Therapy, Physical Therapy, and Athletic Trainers BoardThe Occupational Therapy, Physical Therapy, and Athletic Trainers Board regulates thepractice of occupational therapy, physical therapy, and athletic training by licensing qualifiedcandidates, investigating complaints, and reviewing the continuing education activities oflicensees.Optical Dispensers Board, OhioThe Ohio Optical Dispensers Board regulates the practice of opticians and oculariststhrough the licensing of qua lified practitioners, the establishment of standards for optician andocularist education programs, and the enforcement of the law and rules governing their practice.Legislative Service Commission82007 Board Report

Optometry, State Board ofThe State Board of Optometry carries out the responsibilities of Chapter 4725. of theRevised Code through examinations, licensure, license renewal, continuing education,compliance, investigations, and enforcement activities for all Ohio licensed optometrists.Orthotics, Prosthetics, and Pedorthics, State Board ofThe State Board of Orthotics, Prosthetics, and Pedorthics was created to protect thepublic by assuring that persons providing services as orthotists, prosthetists, and pedorthists meetappropriate minimum qualifications through education, experience, and training. It is the duty ofthe Board to review applications for licensure, issue and renew licenses, educate licensees andthe general public about appropriate practice in these regulated professions, and investigate and,where necessary, take enforcement action to assure compliance with the laws and rulesgoverning the professions within the Board's jurisdiction.Pharmacy, Ohio State Board ofThe Ohio State Board of Pharmacy licenses all persons who distribute dangerous drugsand sites where dangerous drugs are stored in Ohio. The Board also enforces the PharmacyPractice Act, Dangerous Drug Distribution Act, Food and Drug Act, Controlled Substance Act,and the Criminal Code of Ohio relating to drugs.Private Investigator/Security Guard Section (Public Safety)The Private Investigator/Security Guard Section, within the Division of HomelandSecurity in the Department of Public Safety, oversees the licensing and regulation of privateinvestigators and security guards in accordance with Chapter 4749. of the Revised Code.Psychology, State Board ofThe State Board of Psychology licenses psychologists and school psychologists forpractice administered outside of school settings. The Board also regulates the practice ofpsychology and takes enforcement action against unethical or illegal practice. In addition, theBoard registers unlicensed service providers who work under the professional supervision of alicensee.Real Estate and Professional Licensing, Division of (Commerce)The Division of Real Estate and Professional Licensing, within the Department ofCommerce, is responsible for licensing Ohio's real estate brokers and sales people, real estateappraisers, foreign real estate dealers and sales people; registering real estate developmentslocated in other states but marketed in Ohio; and registering cemeteries located in Ohio. It alsoinvestigates allegations of wrongdoing by licensees or persons engaged in unlicensed activity.The Division maintains the Real Estate Recovery and Appraiser Recovery funds and theEducation and Research Fund and also provides administrative services and support to the RealLegislative Service Commission92007 Board Report

Estate Appraiser Board, Cemetery Dispute Resolution Commission, and the Real EstateCommission as well as the Education and Research Fund Advisory Committee.Respiratory Care Board, OhioThe mission of the Ohio Respiratory Care Board is to protect and serve the public byeffectively and efficiently regulating the practice of respiratory care and home medicalequipment facility licensure and registration through the licensing of qualified practitioners andfacilities, the establishment of standards for respiratory care educational programs and facilityinspection standards, and the enforcement of the laws and rules governing both practices.Sanitarian Registration, State Board ofThe mission of the State Board of Sanitarian Registration is to protect the public healthby ensuring that registered sanitarians possess and maintain specialized knowledge and skills inthe field of environmental health. This is accomplished by minimum education standards,examination, continuing education requirements, and the investigation of complaints filed withthe Board.Securities, Division of (Commerce)The Division of Securities, within the Department of Commerce, licenses securitiesdealers, salespersons, investment advisers, investment adviser representatives, state retirementsystem investment officers, and the Chief Investment Officer of the Bureau of Workers'Compensation. Additionally, the Division registers and exempts securities offerings, regulatestender offers for subject companies in Ohio, and brings enforcement actions for violations of theOhio Securities Act.Speech-Language Pathology and Audiology, State Board ofThe State Board of Speech-Language Pathology and Audiology regulates the professionsof speech- language pathology and audiology in accordance with the Revised Code.Veterinary Medical Licensing Board, OhioThe Ohio Veterinary Medical Licensing Board licenses, regulates, and enforces the lawsgoverning the practice of veterinary medicine in the state of Ohio. Specifically, the Boardlicenses veterinarians, registers veterinary technicians, qualifies candidates for examination, anddisciplines veterinarians and veterinary technicians based on consumer complaints.Legislative Service Commission102007 Board Report

New Legislation Effective in FY 2007Twelve bills affected twelve agencies during FY 2007, while one bill, Am. Sub.H.B. 694, applies to many boards. Summaries of legislation affecting the agencies included inthis report are presented alphabetically by agency name. All the bills discussed below becameeffective between July 1, 2006 and June 30, 2007.Architects, State Board of Examiners ofAm. Sub. H.B. 119, the main operating budget act for FYs 2008-2009, created theArchitecture Education Assistance Program within the State Board of Examiners of Architects,which will pay the Intern Development Program (IDP) enrollment fee of 100 for eligiblestudents enrolled at one of Ohio's four accredited schools of architecture. The IDP is required inorder to obtain professional licensure. The Architecture Education Assistance Program isintended to provide an incentive for students to enroll in the IDP as soon as they are eligible sothat more students seek professional licensure, graduates remain in Ohio, and a stable number oflicensed architects is maintained.Construction Industry Licensing Board, Ohio (Commerce)Sub. H.B. 487 made various changes in the operations of the Ohio Construction IndustryLicensing Board. Among the changes was a provision that each trade section within the Boardadopt continuing education standards, rather than the Administrative section, which had donethis work before. The act also added requirements for engineers to have three years of businessexperience in the trade for which they are applying to take an examination. Other provisionsmodified licensing reciprocity requirements, local licensing or registration requirements forcontractors, the definition of "tradesperson," and examination requirements for hydronicscontractors.Emergency Medical Services, Board of (Public Safety)Am. Sub. H.B. 375 required the Board of Emergency Medical Services to investigatealleged violations of Ohio's Emergency Medical Services Law and specified its authority inconducting those investigations, and made other related changes.Sub. H.B. 401 assigned additional duties and responsibilities to the Board and itsFirefighter and Fire Inspector Training Committee concerning firefighter training. The act mostnotably (1) authorized the Firefighter and Fire Inspector Training Committee to investigate afirefighter certificate holder, (2) required the Board to adopt rules addressing the renewal,suspension, or revocation of firefighter certificates, and (3) authorized the Board to impose finesfor violations committed by firefighter certificate holders.Financial Institutions, Division of (Commerce)Sub. H.B. 454, while modifying some statutes concerning various financial institutions,revised the Money Transmitters Law. Among the changes, the act provides for a single moneyLegislative Service Commission112007 Board Report

transmitter license, regardless of the location of that person or its facilities. The act also revisedmoney transmitter requirements regarding net worth and business organization, permissibleinvestments, security devices, reporting and record keeping, investigations, examinations, and soforth.Am. Sub. S.B. 185 revised the Mortgage Broker/Loan Officer Law to require nationalcriminal records checks of mortgage brokers and loan officers (in addition to the state criminaland civil records checks that had been required), establish applicant education requirements formortgage brokers and loan officers, and require loan officers to successfully complete anexamination as a condition for licensure. The act also made changes to various requireddisclosures to buyers, imposed certain duties and standards of care on mortgage brokers and loanofficers, and created the Consumer Finance Education Board.Medical Board of Ohio, StateAm. Sub. H.B. 235 required the State Medical Board to adopt administrative rulesallowing a coroner's investigator who is not a physician to recite facts permitting a physician topronounce a person dead without a personal examination.Medical Transportation Board, OhioAm. Sub. H.B. 375, in addition to the changes impacting the Board of EmergencyMedical Services, made various changes to certain definitions in the Medical TransportationBoard Law, such as to "air medical service organization," "air medical transportation," and"fixed wing air ambulance." The act authorized the Medical Transportation Board to adopt rulesto authorize the temporary use of a vehicle

Chiropractic Board, Ohio State The Ohio State Chiropractic Board licenses and regulates the practice of chiropractic authorized by the Chiropractic Practice Act, Chapter 4734. of the Revised Code, and issues certificates to practice acupuncture to qualified chiropractic physicians. Construction Industry Licensing Board, Ohio (Commerce)

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