OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 131 Bill Analysis
134th General Assembly
Click here for S.B. 131’s Fiscal Note
Version: As Reported by House State and Local Government
Primary Sponsors: Sens. Roegner and McColley
Effective Date:
Paul Luzzi, Attorney
SUMMARY
Occupational licenses
Occupational license issuance for out-of-state applicants
Requires a licensing authority to issue a license or government certification under
certain circumstances to an applicant who holds an out-of-state occupational license.
Requires a licensing authority to issue a license or government certification under
certain circumstances to an applicant who has a government certification, a private
certification, or satisfactory work experience in the uniformed services or in a state that
does not issue a license or government certification for the respective occupation.
Requires an applicant to submit to a criminal records check to receive a license or
government certification under the bill if a licensing authority requires an applicant
under the law governing the applicable profession, occupation, or occupational activity
to do so.
Allows a licensing authority to require an applicant to pass an examination on Ohio’s
laws and rules governing the applicable profession, occupation, or occupational activity
if a licensing authority requires an applicant to pass the examination under the
applicable law.
Requires, if a licensing authority requires an applicant under the law governing the
applicable profession, occupation, or occupational activity to satisfy a financial
responsibility requirement to receive a license or government certification, an applicant
to satisfy the requirement to receive a license or government certification under the bill.
Allows a licensing authority to require, if a federal law, rule, or regulation requires Ohio
to impose a requirement with which an applicant must comply for Ohio to receive
federal funding, the applicant to satisfy that requirement to receive a license or
government certification under the bill.
December 14, 2022
Office of Research and Drafting LSC Legislative Budget Office
Prohibits a licensing authority from issuing or denying a license or government
certification under the bill to the applicant while the applicant is the subject of certain
pending complaints, allegations, or investigations.
Requires a licensing authority to provide an applicant with a written decision to issue,
reject, or take any other action regarding a license or government certification under
the bill within 60 days after receiving a complete application or after a pending
complaint, allegation, or investigation is resolved.
Specifies that an applicant who is issued a license or government certification under the
bill is subject to the laws regulating the practice of the applicable occupation or
profession in Ohio and is subject to the licensing authority’s jurisdiction.
Requires that a license or government certification issued under the bill be considered a
license or government certification issued under the laws regulating the practice of the
applicable occupation or profession in Ohio.
Specifies that provisions of law applicable to a license or government certification issued
to an applicant who does not obtain a license or government certification under the bill
apply in the same manner to licenses and government certifications issued under the
bill.
Allows a licensing authority, for purposes of verifying licensure status in Ohio with an
entity that licenses the same profession or occupation in another state, to require an
applicant under the bill to satisfy a national standard to have that license or government
certification verified as an Ohio license or government certification.
Prohibits a political subdivision from prohibiting an individual who holds a license or
government certification issued by a state agency under the bill from engaging in the
respective profession, occupation, or occupational activity in the political subdivision’s
jurisdiction.
Exempts certain licenses and activities from the bill, including licenses issued to entities
other than individuals.
Requires each licensing authority to adopt rules as necessary to implement the bill.
Specific occupational licenses
Real estate brokers and salespersons
Requires an individual seeking an Ohio real estate broker’s or salesperson’s license
pursuant to the bill to satisfy the bill’s requirements described above and additional
requirements related to work experience and passage of an examination on Ohio real
estate law, depending on which license the individual seeks.
Specialty contractors
Eliminates the Ohio Construction Industry Licensing Board’s (OCILB) ability to issue
specialty contractor licenses without examination in accordance with reciprocity
agreements entered into with other states.
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Exempts specialty contractor licenses from the bill’s procedures and requirements.
Requires the OCILB to allow an individual to take the appropriate specialty contractor
license examination if the individual meets certain requirements and has a substantially
similar out-of-state occupational license or similar experience in the service of the
uniformed services.
Auctioneers
States that continuing education requirements for licensed auctioneers established
under current law do not apply to a licensed auctioneer who completed an auctioneer
apprenticeship prior to September 13, 2022.
Barbers and cosmetologists
Specifies that changes the bill makes to reciprocity provisions in the barbering and
cosmetology laws supersede different amendments to the same provisions made by
H.B. 542 of the 134th General Assembly.
School psychologist’s membership in STRS
Maintains membership in the State Teachers Retirement System for licensed school
psychologists employed in public schools if regulation of those school psychologists is
transferred from the Ohio Department of Education to the State Board of Psychology.
Effective dates
Specifies that the bill, except for the requirement that each licensing authority adopt
rules as necessary to implement the bill and the auctioneer continuing education
exemption, takes effect 270 days after the bill’s effective date.
TABLE OF CONTENTS
Occupational licenses and certifications ........................................................................................ 4
Occupational license reciprocity ................................................................................................. 4
Definitions .............................................................................................................................. 5
Issuance to out-of-state license or government certification holders................................... 6
Issuance to private certification holders ................................................................................ 7
Issuance to individuals with satisfactory work experience .................................................... 8
Criminal records check ........................................................................................................... 8
Examination on Ohio’s laws and rules ................................................................................... 8
Financial responsibility requirement ...................................................................................... 9
Requirements as a condition for federal funding .................................................................. 9
Fitness to practice determination .......................................................................................... 9
Disciplinary action against an applicant ................................................................................. 9
Denial for disciplinary action ................................................................................................ 10
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Decision to issue or deny a license or government certification ......................................... 10
Law regulating the practice of the occupation or profession .............................................. 10
National standard exception ................................................................................................ 11
Reciprocal licensing agreements .......................................................................................... 11
Licensure compacts .............................................................................................................. 12
Exempt licenses .................................................................................................................... 12
Political subdivision recognition ........................................................................................... 13
Temporary training licenses ................................................................................................. 13
Limited time and limited basis licenses ................................................................................ 13
Individual licensure vs. entity licensure ............................................................................... 14
Specific occupational licenses ................................................................................................... 15
Real estate brokers and salespersons .................................................................................. 15
Specialty contractor licenses ................................................................................................ 15
Out-of-state license holders ................................................................................................. 16
Uniformed services experience ............................................................................................ 16
Approval of applications ....................................................................................................... 17
Auctioneers........................................................................................................................... 17
Barber and cosmetology licenses ......................................................................................... 17
School psychologists’ membership in the State Teachers Retirement System ............................ 17
Effective date ................................................................................................................................ 18
DETAILED ANALYSIS
Occupational licenses and certifications
Occupational license reciprocity
The bill requires a licensing authority to issue a license or government certification
under certain circumstances to an applicant who holds an out-of-state occupational license or
who has a government certification, a private certification, or satisfactory work experience in a
state that does not issue the respective license. The three circumstances under which a
licensing authority must issue a license or government certification are described under
“Issuance to out-of-state license or government certification holders,”
“Issuance to private certification holders,” and “Issuance to individuals with
satisfactory work experience,” below.1
1 R.C. Chapter 4796, with conforming changes throughout the bill.
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Each licensing authority must adopt rules as necessary to implement the bill.2
Definitions
For purposes of the bill:
1. “Licensing authority” means a state agency or political subdivision that issues licenses or
government certifications.
2. “License” means an authorization evidenced by a license, certificate, registration,
permit, card, or other authority that is issued or conferred by a licensing authority to an
individual by which the individual has or claims the privilege to engage in a profession,
occupation, or occupational activity over which the licensing authority has jurisdiction.
3. “Government certification” means authorization from a licensing authority, one of the
uniformed services, or another state’s government to an individual who meets
qualifications related to a profession, occupation, or occupational activity to which both
of the following apply:
a. Only an individual holding the authorization may use a specific title or titles when
advertising or holding the individual’s self out to engage in the profession,
occupation, or occupational activity.
b. An individual is not required to have the authorization to engage in the profession,
occupation, or occupational activity in the respective jurisdiction.
4. “Out-of-state occupational license” means a license, certificate, registration, permit,
card, or other authority that is issued or conferred by one of the uniformed services or
the government of another state to an individual by which the individual has or claims
the privilege to engage in a profession, occupation, or occupational activity over which
that service or state has jurisdiction.
5. “Private certification” means authorization from a private organization to an individual
who meets qualifications determined by the organization related to the performance of
a profession, occupation, or occupational activity and by which the individual may hold
the individual’s self out as certified by the organization.
6. “Uniformed services” means the U.S. armed forces; the Commissioned Corps of the
National Oceanic and Atmospheric Administration; the Commissioned Corps of the
Public Health Service; or any reserve components of those forces; and such other
service as may be designated by Congress.3
2 R.C. 4796.30.
3 R.C. 4796.01.
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Issuance to out-of-state license or government certification holders
Except as otherwise provided below, the bill requires a licensing authority to issue a
license or government certification to an applicant if the licensing authority determines that all
of the following apply:
1. The applicant holds either of the following:
a. A substantially similar out-of-state occupational license that authorizes the applicant
to engage in the same profession, occupation, or occupational activity as the license
or government certification for which the applicant is applying in Ohio.
b. A government certification in the same profession, occupation, or occupational
activity as the license or government certification for which the applicant is applying
in Ohio from one of the uniformed services or a state that does not issue an out-of-
state occupational license for the respective profession, occupation, or occupational
activity.
2. The applicant is in good standing in all jurisdictions in which the applicant holds an out-
of-state occupational license or government certification to practice the same
profession, occupation, or occupational activity for which the applicant is applying in
Ohio.
3. The applicant has held the out-of-state occupational license or government certification
for at least one year immediately preceding the application date and has been actively
practicing for at least one of the five years immediately pre