Page 41 - OPTA Access Spring 2019

The bill was signed by Governor Kasich on December 19, 2018 . This was a long process for OPTA, and we couldn’t be more pleased with the outcome!
BILLS TO REQUIRE REVIEW OF ALL BOARDS AND COMMISSIONS PASSES
Legislation introduced by Rob McColley (R – Napoleon)
that would require the Ohio General Assembly to review and evaluate all boards and commissions
was identified as a Senate lame duck priority. Senate Bill (SB) 255 specifies that without the legislature passing legislation to continue the operation of each licensing board, boards would automatically expire . During the review process “each board shall have the burden of demonstrating to the standing committee
a public need for its continued existence .”
SB 255 was referred to Senate Government Oversight and Reform where it had four hearings . The bill
was reported out of the Senate Committee and passed
the full Ohio Senate on June 27, 2018 by a vote of
24-8 . The legislation was then considered by the House of Representatives .
Under SB 255, the legislative committee reviewing the board will look to provide for the “least restrictive regulation” for each profession to protect consumers from present, significant,
and substantiated harms that threaten public health, safety, and welfare . They would also be charged at looking at licensing policies of other states related to the profession . The LSC would be charged with evaluating for the “least restrictive regulation” .
"Least restrictive regulation" means the public policy of relying on one of the following, listed from the least to the most restrictive, as a means of consumer protection: market competition; third-party or consumer-created ratings and reviews; private certification; specific private civil cause of action to remedy consumer harm; actions under Chapter 1345 of the Revised
Code; regulation of the process of providing the specific goods or services to consumers; inspection; bonding or insurance; registration; government certification; specialty occupational license for medical reimbursement; and occupational license .
A group of effected professions worked on alternative language to the legislation . Of concern was the automatic expiration as well as other provisions . We were able to meet with Senator McColley and other legislative leaders . McColley was adamant that he did not support any occupational carve-outs to the legislation . He also thought the automatic expiration was key to giving the bill teeth . However, he did agree to some changes that were accepted by the House Committee .
• The bill extends the full rule process by one year . So instead of occupations being reviewed every five years, it would be every six years . (So, 1/3 of boards would be reviewed every two years) .
• The substitute bill also gives the General Assembly an extra six months to renew a license . So, if your license was set to expire December 31, 2020, the legislature would have until the June 30, 2021 to renew the occupation . This timing corresponds with the legislative budget process . The budget is when all boards and commissions are granted funding .
• The bill still contains language regarding the standard of “least restrictive regulations” .
• "Specialty occupational license for medical reimbursement" is defined as a nontransferable authorization in law for an individual to qualify for payment or reimbursement from a government agency, for providing identified medical services, based on meeting personal qualifications established in law, which may be recognized by a private company .
• The bill specifies that “Where the state finds it is necessary to displace competition, the state will use the least restrictive regulation to protect consumers from present, significant, and substantiated harms that threaten public health, safety and welfare” . The policy of employing the least restrictive regulation shall presume that
market competition and private remedies are sufficient
to protect consumers . Where needed, regulations shall
be tailored to meet the predominate identified need to protect consumers, as follows: If regulations are intended to facilitate governmental reimbursement for providing medical services for an emerging medical specialty, the appropriate state action shall be to require a specialty occupational license for medical reimbursement .
The legislation was ultimately passed by the House of Representatives during the lame duck session by a vote of 55-27 and delivered to the Governor for enactment .
SUBSTITUTE LICENSES FOR LICENSED MEDICAL PROFESSIONALS – ENACTED
Representative Jay Edwards (R – Nelsonville) introduced House Bill 491 which is intended to help cut down the burden of dual licensing for certain licensed related service personnel and their ability to work in a school-based setting as a short and long-term substitute .
Currently, the Ohio Department of Education requires that school-based PTs must obtain a Pupil Services License to practice in a school setting, in addition to the board license issued by the state . Many school districts across the state are seeing a shortage in many specified disciplines and it is becoming difficult to find short- and long-term substitutes that need to have the additional professional licensure to provide the service to students . This legislation would apply for short- and long-term substitute purposes only .
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