Chapter 4757-1 | General Provisions

Rule 4757-1-01 | Adoption of rules and methods of public notice.

• Effective: September 3, 2018
• Promulgated Under: 119.03

(A) The procedure of the board for giving public notice for the adoption, amendment, or rescission of its rules shall be pursuant to section 119.03 of the Revised Code. The board shall provide an electronic copy of a notice to any person who requests a copy.

(B) The board shall give public notice at least thirty days prior to the date set for the public hearing by filing its rules and public notices in the register of Ohio and on its web site. Such notice shall include:

(1) A statement of the board's intention to consider adoption, amendment, or rescission of a rule; and,

(2) A synopsis of the proposed rule, amendment, or rescission, or a statement of the general subject matter to which the proposed rule, amendment, or rescission relates;

(3) A statement of the reason or purpose for adoption, amendment or rescission of the rule;

(4) The date, time, and place of the hearing on the proposed action.

(C) Prior to the effective date of the rule, amendment, or rescission, the board will have available for distribution to those requesting or posted on its web site an electronic copy of the full text of rule, as adopted, amended.

(D) The board shall complete the common sense initiative process for proposed rules and rule changes as required by section 107.53 of the Revised Code and as promulgated by that office prior to filing rules with the legislative service commission.

Last updated January 3, 2024 at 12:19 PM

Supplemental Information

Authorized By: 4757.10
Amplifies: 4757.10
Five Year Review Date: 9/25/2028
Prior Effective Dates: 6/11/1985 (Emer.)

Rule 4757-1-02 | Notice of board meetings.

• Effective: April 19, 2021
• Promulgated Under: 119.03

(A) Any person may ascertain the time and place of all regularly scheduled meetings of the counselor, social worker, and marriage and family therapist board, and its professional standards committees and the time, place, and purpose of all special meetings of the board or its professional standards committees by any one of the following methods:

(1) Calling the board office by telephone during normal business hours.

(2) Contacting the board office in person during normal business hours.

(3) Any person or organization that makes a written request for such notification via postal mail or email.

(4) The meetings are listed on the board's web site http://cswmft.ohio.gov.

(B) Any person or organization who makes written request for routine notification of all regularly scheduled and special meetings of the counselor, social worker, and marriage and family therapist board and its professional standards committees, shall receive notice of all such board meetings for a twelve-month period. After twelve months, such notification shall cease, unless the request is renewed in the manner set forth in this paragraph.

(1) Notices shall be provided at least seven calendar days prior to any regularly scheduled meeting, and at least four calendar days prior to any special meeting, unless the meeting is an emergency meeting. Notices of special meetings shall include the type of business to be discussed.

(2) The person requesting notification is responsible to keep the board informed in writing of changes in his/her current contact information.

(3) The obligation of the board under paragraph (B) of this rule to each person or organization fully complying with said requirements shall be deemed fully discharged providing notification using the most current contact information provided to the board for this purpose, as of seven days prior to the particular regularly scheduled meeting.

(C) A representative of a news media organization, or of the business office of a professional organization of counselors, social workers, or marriage and family therapists may receive notification of board meetings by making a request to the board office. The board shall compile a list of all such persons making a request and shall notify all such persons or organization of all regularly scheduled and special meetings, in accordance with the schedule in paragraph (B)(1) of this rule.

(1) Not more than one representative of a radio or television station, newspaper, or other publication, or of a professional organization of counselors, social workers, or marriage and family therapists may receive such notification.

(2) The news media organization, or professional organization of counselors, social workers, or marriage and family therapists is responsible to notify the board in writing of changes in the name or contact information of the recipient of such notification.

(3) Notification under paragraph (C) of this rule shall remain in effect for one year from the date of the request, after which time the name of the organization shall be removed from the contact list unless the request is renewed in writing.

(4) The obligation of the board under paragraph (C) of this rule to each organization shall be deemed fully discharged with notification using the most current contact information and name on file with the board for this purpose.

(D) A representative of a news media organization may obtain telephone notification of emergency board meetings by making a written to the board, including the name of the individual to be contacted and his/her contact information. The board shall maintain a list of all representatives of the news media who request telephone notice of emergency meetings.

(1) In the event of an emergency meeting, the board shall immediately notify by telephone all representatives on the list of such meeting.

(2) Such telephone notice shall be complete if a message has been left for the media representative or if, after a reasonable effort, the board has been unable to provide such telephone notice.

(3) The media representative's name shall remain on the telephone notification list for one year from the date of the written request, after which time the name shall be removed unless the request is renewed in writing.

(4) The media representative or the organization is responsible to inform the board of any changes in telephone numbers or in the name of the person to be notified.

(E) The failure of any individual, organization, or organization representative to comply with the requirements in this rule shall relieve the board of any obligation to provide advance notice of any kind of any public meeting to that individual, organization representative.

Last updated April 19, 2021 at 9:36 AM

Supplemental Information

Authorized By: 4757.10
Amplifies: 4757.05
Five Year Review Date: 4/17/2026
Prior Effective Dates: 9/19/1985 (Emer.), 4/10/2004

Rule 4757-1-03 | Minutes of board meetings.

• Effective: December 26, 2023
• Promulgated Under: 119.03

(A) The unapproved minutes of all board meetings and professional standards committee meetings shall be drafted and open to public review within fifteen business days of the public meeting.

(B) Within fifteen business days after their approval by the board and professional standards committee, the approved minutes of all board meetings shall be substituted for the unapproved minutes and shall be open to public review.

Last updated December 27, 2023 at 8:14 AM

Supplemental Information

Authorized By: 4757.10
Amplifies: 4757.05
Five Year Review Date: 12/26/2028
Prior Effective Dates: 9/3/2018

Rule 4757-1-04 | Applications of first licensure.

• Effective: December 26, 2023
• Promulgated Under: 119.03

(A) All applicants for first licensure as a professional counselor, social worker, professional clinical counselor, independent social worker, marriage and family therapist, independent marriage and family therapist, art therapist, and music therapist, or for registration of title as a social work assistant, counselor trainee, marriage and family therapist trainee or social worker trainee, shall file with the executive director of the board an application in a form prescribed by the board. For the purposes of applying online in the system designated by the board, the applicant shall establish user identification and password. The use of the user identification and password is solely the responsibility of the licensee to be used for all applications within the online system, including, but not limited to, an initial licensure application, a renewal application, updating the address, requesting a wall certificate or license verification to another state or entity. The user identification and password shall constitute the legally recognized signature for the purposes of this rule. Any person who knowingly makes a false statement on a written application or electronic application may be found guilty of falsification under section 2921.13 of the Revised Code, a misdemeanor of the first degree. Applications shall be maintained for two years from the date of receipt by the board. Submitted applications which remain incomplete after two years shall be considered abandoned. The license application and fee shall be forfeit and individuals seeking licensure shall be required to re-apply.

(B) The appropriate non-refundable fee, shall accompany the application for licensure or registration.

(C) All applicants for licensure or registration shall provide:

(1) Grade transcripts showing all coursework and/or academic degrees necessary to meet the education requirements for the license or registration for which the applicant is applying.

(a) Such transcripts shall bear the official seal of the college or university and the signature of the registrar. The applicant shall bear sole responsibility for transcripts sent directly from the college or university to the board office.

(b) If an applicant's transcript does not clearly indicate that the applicant meets the education requirements for the license for which they are applying, the applicant shall provide additional information about their coursework in a manner prescribed by the board.

(2) Statements, on a form prescribed by the board, to document all professional employment experience required by any rule under this chapter, or for licensure or registration by the board. Statements, if required, shall be completed by the person(s) who supervised the required professional employment experience, or who are judged by the board to be in a position to make a professional judgment about the nature of the applicant's duties and the quality of their work, and who meet the criteria established for such respondents by the board in any rules under this chapter.

(3) In the case of an art therapist or music therapist, evidence of board certification by the certification board for art therapists or music therapists or successor organizations.

(D) Applicants for any license or certificate of registration issued by the board shall meet the board's requirements for criminal convictions as established under section 9.79 of the Revised Code.

(E) All applicants for an initial license or registration shall submit a request to the bureau of criminal identification and investigation for a criminal records check of the applicant per sections 4776.02 and 4776.03 of the Revised Code and shall include a federal bureau of identification criminal records check request. This requirement applies to all initial applications for professional counselor, social worker, professional clinical counselor, independent social worker, marriage and family therapist, independent marriage and family therapist, art therapist, and music therapist or for registration of title as a social work assistant, counselor trainee, marriage and family therapist trainee or social worker trainee. The applications for criminal records check shall comply with section 109.572 of the Revised Code. The criminal records check shall be received within one year prior to licensure or a new criminal records check shall be required. Section 4776.02 of the Revised Code requires that all fingerprint reports be sent directly to the board office from the bureau of criminal identification and investigation. Any fingerprint results mailed to or from some other source shall not be accepted.

(1) Applicants in the state of Ohio shall go to a county sheriff's office or other agency approved by Ohio's attorney general to request an electronic criminal records check and submit fingerprints to the bureau of criminal identification and investigation. A link to electronic fingerprint sites is available on the board's web page under "forms."

(a) Each applicant shall pay the fee to the agency scanning their fingerprints and provide the bureau of criminal identification and investigation with the applicant's name and address and with the board's name and address as the results addressee. The agency code fingerprint card shall be "1AB002."

(b) An applicant who has poor fingerprint quality on the electronic scanning shall be notified by the board to request a waiver from electronic scanning and mailed the required forms for submission of ink rolled fingerprints. The bureau of criminal identification and investigation has suggested using cornhuskers lotion when having difficulties getting a good electronic scan.

(c) The applicant shall ask the superintendent of the bureau of criminal identification and investigation in the criminal records check request to obtain from the federal bureau of investigation any information it has pertaining to the applicant.

(2) Applicants outside the state of Ohio shall go to a police agency in their state and complete the blank criminal records check cards provided to them by the board and submit fingerprints by mailing the completed forms directly to the bureau of criminal identification and investigation. Note: this process may be quicker and more convenient, if the applicant waits until she or he is in Ohio, to complete an electronic scan.

(a) Each applicant shall pay the fee to the agency completing the fingerprinting and to the bureau of criminal identification and investigation for both the Ohio and federal bureau of investigation records checks. Applicants shall follow the directions provided with the fingerprint cards. The applicant shall ask the superintendent of the bureau of criminal identification and investigation in the request to obtain from the federal bureau of investigation any information it has pertaining to the applicant. Part of that application requires a waiver from electronic submission form citing out-of-state as the reason.

(b) An applicant requesting a criminal records check shall provide the bureau of criminal identification and investigation with the applicant's name and address and with the board's name and address as the results addressee. The agency code on the fingerprint card shall be "1AB002."

(3) The board shall not issue a license or registration until receipt of the criminal records check and any follow-up actions are completed.

(4) The results of any criminal records check conducted pursuant to a request made under this chapter and any report containing those results, including any information the federal bureau of investigation provides, are not public records for purposes of section 149.43 of the Revised Code and shall not be made available to any person or for any purpose other than as follows:

(a) The superintendent of the bureau of criminal identification and investigation shall make the results available to the board for use in determining, under Chapter 4757. of the Revised Code, whether the applicant who is the subject of the criminal records check should be granted a license under that chapter.

(b) The board shall make the results available to the applicant who is the subject of the criminal records check or to the applicant's representative upon their written request.

Last updated December 27, 2023 at 8:15 AM

Supplemental Information

Authorized By: 4757.10
Amplifies: 4757.10, 4757.16
Five Year Review Date: 12/26/2028
Prior Effective Dates: 9/20/2002, 10/18/2009

Rule 4757-1-05 | License fees.

• Effective: December 26, 2023
• Promulgated Under: 119.03

License fees shall be established by the board in amounts not to exceed the maximum allowable under section 4757.31 of the Revised Code. Fees are subject to change by action of the board, the controlling board, and/or the general assembly.

(A) Fees shall be paid by credit card or electronic check.

(B) Fees shall be paid at the time of the initial application. Renewal fees shall be the same as initial licensure or registration fees.

(C) Fees are not refundable.

(D) Fees for a two-year license, registration of title or reinstatement from an inactive status are as follows. Late renewal shall incur an additional fee of forty dollars except social work assistant late renewal shall be twenty dollars.

(1) For licensed professional clinical counselor the fee is one hundred dollars;

(2) For licensed professional counselor the fee is eighty dollars;

(3) For independent social worker the fee is one hundred dollars;

(4) For social worker the fee is eighty dollars;

(5) For social work assistant the fee is sixty dollars.

(6) For social work temporary license the fee is twenty dollars.

(7) For independent marriage and family therapist the fee is one hundred dollars;

(8) For marriage and family therapist the fee is eighty dollars;

(9) For marriage and family therapist temporary license the fee is twenty dollars.

(E) Fees for a two-year license or registration of title in an inactive status as defined by rule 4757-7-03 of the Administrative Code are as follows. Late renewal shall incur an additional fee of twenty dollars except social work assistant late renewal shall be ten dollars.

(1) For professional clinical counselor the fee is fifty dollars;

(2) For professional counselor the fee is forty dollars;

(3) For independent social worker the fee is fifty dollars;

(4) For social worker the fee is forty dollars;

(5) For social work assistant the fee is twenty dollars;

(6) For independent marriage and family therapist the fee is fifty dollars; and

(7) For marriage and family therapist the fee is forty dollars.

(F) The fee for permission to practice per rule 4757-1-09 of the Administrative Code shall be fifty dollars per six month period during which permission to practice is granted.

(G) Licensees requesting written board certification of their licensure to other states or entities shall pay a twenty-five dollar fee for that verification.

(H) Licensees requesting replacement wall certificates for name changes or any other reason shall pay a fifteen dollar fee for that wall certificate.

(I) Applicants per rule 4757-9-05 of the Administrative Code for continuing education provider approval shall pay a one hundred twenty-five dollar fee for each application.

(J) Applicants per rule 4757-9-05 of the Administrative Code for association provider approval status may be charged a five hundred dollar fee for each application.

(K) The first incident in which a licensee fails to complete his/her continuing education for renewal as defined in division (A)(10) of section 4757.31 of the Revised Code and as defined in paragraph (II) of rule 4757-3-01 of the Administrative Code, the fee shall be as enumerated in this paragraph. For a second incidence, refer to paragraph (C) of rule 4757-1-07 of the Administrative Code.

(1) For renewal of a license or registration with one to fifteen hours of continuing education less than required shall be fifty dollars;

(2) For renewal of a license or registration with sixteen to thirty hours of continuing education less than required shall be one hundred dollars; and

(3) For renewal of a license or registration with enough hours, but without the required ethics or supervision continuing education hours shall be fifty dollars.

Last updated March 19, 2024 at 12:15 PM

Supplemental Information

Authorized By: 4757.10, 4757.31, 4757.321
Amplifies: 4757.31, 4757.321
Five Year Review Date: 12/26/2028
Prior Effective Dates: 7/3/1997, 9/2/2019

Rule 4757-1-06 | Personal information systems.

• Effective: September 20, 2007
• Promulgated Under: 119.03

(A) The board shall appoint one employee to be directly responsible for each personal information system maintained by the board. Said employee shall:

(1) Inform all employees who have any responsibility for the operation or maintenance of said system or the use of personal information maintained in the system, of the applicable provisions of Chapter 1347. of the Revised Code and rules adopted thereunder; and;

(2) Inform all persons requested to supply personal information for a system whether or not they are legally required to provide such information; and

(3) Restrict the collection, maintenance, and use of personal information to only that which is necessary and relevant to functions of the board as required or authorized by statute or rule; and,

(4) Provide all persons asked to supply personal information that will be placed in an interconnected or combined system with information relevant to the system, including the identity of all other agencies or organizations that have access to the system; and,

(5) Allow a person who is the subject of a record in a personal information system to inspect the record pursuant to section 1347.08 of the Revised Code. Upon the request and verifications that the person requesting access to the record is the subject of information contained in the system, the employee shall:

(a) Inform individuals of any personal information in the system of which they are subject;

(b) Permit the individuals, or their legal guardian, or an attorney who presents a signed authorization made by the individuals, to inspect all personal information in the system of which they are subject, except where prohibited by law;

(c) Inform individuals of the uses made of the personal information and identify other users who have access to the system;

(d) Allow individuals who wish to exercise their rights as provided by this rule to be accompanied by one individual of their choice;

(e) Provide, for a reasonable charge, copies of any personal information the person is authorized to inspect.

(6) Investigate disputes concerning the accuracy, relevance, timeliness, or completeness of personal information pursuant to section 1347.09 of the Revised Code and paragraph (D) of this rule.

(B) The board shall reprimand in writing any employee who initiates or otherwise contributes to any disciplinary or other punitive action taken against another individual who brings attention to the appropriate authorities, the press, or a member of the public, any evidence of unauthorized use of any material contained in the licensure or document management systems. A copy of the reprimand shall be entered in the employee's personnel file.

(C) The board shall monitor its personal information system by:

(1) Maintaining the personal information system with the accuracy, relevance, timeliness and completeness necessary to assure fairness in any determination made by the board which is based on information contained in the system; and,

(2) Eliminating unnecessary information from the system;

(D) The board shall investigate, upon request, the accuracy, relevance, timeliness, or completeness of personal information which is disputed by the subject of a record contained in the system, within ninety days after of a receipt of a request from the disputant; and,

(1) Notify the disputant of the results of the investigation and any action the board intends to take with respect to the disputed information; and,

(2) Delete any information the board cannot verify or finds to be inaccurate; and

(3) Permit the disputant, if they are not satisfied with the determination made by the board, to include within the system:

(a) A brief statement of their position on the disputed information; or

(b) A brief statement that they find the information in the system to be inaccurate, irrelevant, outdated, or incomplete,

(4) The board shall maintain a copy of all statements made by the disputant.

(E) The board shall not place personal information into an interconnected and combined system, unless said system contributes to the efficiency of the agencies or organizations authorized to use the system in implementing programs which are required or authorized by law.

(F) The board shall not use personal information placed into an interconnected or combined system by another state or local agency or organization, unless the personal information is necessary and relevant to the performance of a lawful function of the board.

(G) The board shall make available, upon request, all information concerning charges made by the board for reproduction of materials contained in personal information system.

Last updated April 15, 2024 at 1:38 PM

Supplemental Information

Authorized By: 4757.10
Amplifies: 4757.16
Five Year Review Date: 3/19/2029
Prior Effective Dates: 12/19/1985

Rule 4757-1-07 | Discipline actions that may include fines.

• Effective: March 21, 2022
• Promulgated Under: 119.03

The professional standards committees established under section 4757.04 of the Revised Code may utilize fines at the discretion of each committee. Per division (E) of section 4757.10 of the Revised Code the following fines are enumerated.

(A) Practicing without a valid license, which includes practice prior to license and continuing to practice with an expired license.

(1) Worked as a licensee for sixty days or less without a valid license standard consent agreement terms:

(a) Written reprimand;

(b) Standard fine two hundred dollars for independent practitioner licensee and one hundred dollars for all others; and

(c) Fine to be paid within sixty days of the effective date of the agreement.

(2) Worked for sixty-one to one hundred twenty days without a valid license standard consent agreement terms:

(a) Suspension of fourteen days, plus an additional day for each day he/she engaged in unlicensed practice;

(b) Standard fine of two hundred dollars for independent practitioner licensee and one hundred dollars for other licensees plus one hundred dollars per week after the first three weeks. Fine amount up to five hundred dollars; and

(c) Fine to be paid within sixty days of the effective date of the agreement.

(3) Worked for more than one hundred twenty days without a valid license standard consent agreement terms:

(a) Suspension of four months, plus an additional month for each month or part thereof he/she engaged in unlicensed practice;

(b) Standard fine of five hundred dollars for all licensees; and

(c) Fine to be paid within sixty days of the effective date of the agreement.

(B) Fines may be levied in other discipline cases where the professional standards committee believes the fine will be more productive in correcting the issue than other discipline actions. Fine amounts up to five hundred dollars per violation may be made using the aggravating and mitigating factors in paragraph (F) of this rule in determining the proposed fine amount.

(C) Failure to complete the continuing education required for renewal, which is typically discovered during a continuing education audit, which includes failure to provide documentation of thirty hours of continuing education that meet the requirements of rule 4757-7-01 of the Administrative Code. These terms will be implemented after a licensee has failed a previous audit and paid a fee under rule 4757-1-05 of the Administrative Code for failure to complete thirty continuing education hours prior to renewal. The standard consent agreement terms are:

(1) Written reprimand;

(2) A five hundred dollar fine to be paid within thirty days of the effective date of the agreement;

(3) Complete the number of continuing education hours he/she was deficient within thirty days of the consent agreement effective date and submit proof of completion on or before that date. These hours shall not be counted toward his/her next renewal.

(4) Agrees to audit for continuing education the next time he/she renews his/her license.

(D) Applying for or renewing a license by means of fraud/deceit. Includes failure to report discipline by another jurisdiction, conviction, etc. May include:

(1) Written reprimand;

(2) Fine up to five hundred dollars with a standard fine of two hundred fifty dollars;

(3) Fine to be paid within sixty days of the effective date of the agreement; and

(4) Attend four hours of ethics training. Course(s) must be at least a two semester hour or three quarter hour college level or thirty hour continuing education course, no on-line courses. Verification of completion shall be submitted to the investigation division within thirty days of attendance. These hours will not count toward the continuing education requirement for license renewal.

(E) Failure to respond to the continuing education audit may include:

(1) Fine up to five hundred dollars with a standard fine of two hundred fifty dollars;

(2) Fine to be paid within sixty days of the effective date of the agreement;

(3) Submit proof of thirty hours of continuing education for the audit renewal period within thirty days of the ratification of the agreement; and

(4) Agrees to audit for continuing education the next time he/she renews his/her license.

(F) Violations of section 959.07 of the Revised Code:

(1) For a first violation a confidential written warning may be issued;

(2) For a second violation, a fine of one hundred dollars;

(3) For a third or subsequent violation, a fine of five hundred dollars.

(G) Aggravating and mitigating factors to consider in levying fines. After a violation has been established, the professional standards committee may consider aggravating and mitigating factors/circumstances in determining the penalty to be imposed. If the professional standards committee deems such circumstances to be sufficient to justify a departure from the disciplinary guidelines, the reasons shall be specified by the professional standards committee.

(1) Aggravating factors/circumstances are any considerations or factors, which might justify an increase in the degree of discipline to be imposed. Aggravating factors may include, but are not limited to:

(a) Prior disciplinary actions;

(b) A pattern of misconduct;

(c) Multiple violations;

(d) Submission of false statements, false evidence or other deceptive practices during the disciplinary process;

(e) Refusal to acknowledge wrongful nature of conduct;

(f) Adverse impact of misconduct on others;

(g) Vulnerability of the victim; and

(h) Willful or reckless misconduct.

(2) Mitigating factors/circumstances are any considerations, which might justify a reduction in the degree of discipline to be imposed. Mitigating factors may include, but are not limited to:

(a) Absence of a prior disciplinary record;

(b) Isolated incident, unlikely to recur;

(c) Full and free disclosure to the board;

(d) Interim rehabilitation or remedial measures;

(e) Absence of adverse impact of misconduct on others;

(f) Remorse; and/or

(g) Absence of willful or reckless misconduct.

Last updated March 21, 2022 at 8:31 AM

Supplemental Information

Authorized By: 4757.10
Amplifies: 4757.10, 4757.31
Five Year Review Date: 4/17/2026

Rule 4757-1-08 | Military provisions related to licensure for counselors, social workers and/or marriage and family therapists.

• Effective: April 19, 2021
• Promulgated Under: 119.03

(A) Definitions.

(1) "Armed forces" means:

(a) The armed forces of the United States, including the army, navy, air force, marine corps, and coast guard;

(b) A reserve component of the armed forces listed in paragraph (A)(1)(a) of this rule;

(c) The national guard, including the Ohio national guard or the national guard of any other state;

(d) The commissioned corps of the United States public health service;

(e) The merchant marine service during wartime; or

(f) The Ohio organized militia when engaged in full-time national guard duty for a period of more than thirty days.

(2) "Member" means any person who is serving in the armed forces.

(3) "Veteran" means any person who has completed service in the armed forces, who has been discharged under honorable conditions or who has been transferred to the reserve with evidence of satisfactory service.

(4) "Temporary Miltary License" means a license issued in accordance with section 4743.041 of the Revised Code.

(5) "Miltary Spouse" means a person legally married to a person serving on active duty in the United States armed forces.

(6) "Qualifying license" means a license or certification issued by a state or jurisdiction.

(B) Eligibility for a non-military license when the applicant relies upon qualifying service in the armed forces.

In accordance with section 5903.03 of the Revised Code, the following military programs of training, military primary specialties, and lengths of service are substantially equivalent to or exceed the educational and experience requirements for licensure as an:

(1) Independent social workers.

(a) Military programs of training.

There are no military programs of training that are substantially equivalent to or exceed the educational and experience requirements for licensure as a independent social worker. An individual serving in a military primary specialty listed in paragraph (B)(1)(b) of this rule must be a graduate of a masters in social work program accredited by the council for social work education (CSWE) to serve in that specialty.

(b) Military primary specialties for independent social workers.

(i) Army: social worker (AOC 73A)

(ii) Navy: social worker (NOBC none)

(iii) Air force: clinical social worker (AFSC 42SX)

(c) Lengths of service.

There are no minimal lengths of service that would be substantially equivalent to or exceed the educational and experience requirements for licensure as a licensed professional clinical counselor, independent social worker or independent marriage and family therapist.

(2) Social work assistant.

(a) Military programs of training.

There are no military programs of training that are substantially equivalent to or exceed the educational and experience requirements for registration as a social work assistant. There are no military primary specialties for social work assistant registration.

Military primary specialties: none.

(b) Lengths of service.

There are no minimal lengths of service that would be substantially equivalent to or exceed the educational and experience requirements for registration as a social work assistant.

(3) Licensed professional clinical counselor.

(a) Military programs of training.

There are no military programs of training that are substantially equivalent to or exceed the educational and experience requirements for licensure as a licensed professional clinical counselor.

Military primary specialties: none.

(4) Independent marriage and family therapist.

(a) Military programs of training.

There are no military programs of training that are substantially equivalent to or exceed the educational and experience requirements for licensure as an independent marriage and family therapist. There are no military primary specialties for licensure as an independent marriage and family therapist.

Military primary specialties: none.

(b) Lengths of service.

There are no minimal lengths of service that would be substantially equivalent to or exceed the educational and experience requirements for registration as a social work assistant.

(C) License renewal and continuing education for a non-military license held by a member of the armed forcees.

(1) Per section 5903.10 of the Revised Code, a licensee or registrant shall be granted a renewal of the license or certificate by the board at the usual fee without a late fee as required by rule 4757-1-05 of the Administrative Code, if not otherwise disqualified because of mental or physical disability, and if either paragraph (C)(1)(a) or (C)(1)(b) of this rule applies:

(a) The license or registration was not renewed because of the holder's service in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard.

(b) The license or certificate was not renewed because the holder's spouse served in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard, and the service resulted in the holder's absence from this state.

(c) A renewal shall not be granted under this paragraph unless the holder or the holder's spouse, whichever is applicable, has presented satisfactory evidence of the service member's discharge under honorable conditions or release under honorable conditions from active duty or national guard duty within six months after the discharge or release.

(2) Military members on active duty outside of Ohio may receive a complete or partial waiver of all continuing education hours upon providing proof of orders outside of Ohio. Military members in Ohio may provide proof that they are unable to complete continuing education in order to receive a full or partial waiver of continuing education hours required.

(3) Per section 5903.12 of the Revised Code, a licensee or registrant upon application that is accompanied by proper documentation certifying that the licensee has been called to active duty as described in paragraph (D)(3)(a) and/or (D)(3)(b) of this rule during the current or a prior reporting period and certifying the length of that active duty, shall have the continuing education response time extended for the current reporting period by an amount of time equal to the total number of months that the licensee spent on active duty during the current reporting period. For purposes of this rule, any portion of a month served on active duty shall be considered one full month.

(a) The person is a member of the Ohio national guard, the Ohio military reserve, the Ohio naval militia, or a reserve component of the armed forces of the United States.

(b) The person has been called to active duty, whether inside or outside the United States, because of an executive order issued by the president of the United States or an act of congress, or upon the order of the governor, for a period in excess of thirty-one days.

(D) Waiver of license application fee - permanent license for a member of the armed forces.

(1) The application fee shall be waived for an applicant who is a current member of the armed forces.

(2) Paragraph (D) of this rule applies to the following application fee types:

(a) Initial licensure by examination, outlined in rules 4757-13-01, 4757-13-03, 4757-19-01, 4757-19-02, 4757-19-03, 4757-25-01 and 4757-25-03 of the Administrative Code.

(b) Initial licensure by endorsement, outlined in rules 4757-13-06, 4757-19-07 and 4757-25-06 of the Administrative Code.

(c) Reinstatement of an expired license, outlined in rule 4757-7-01 of the Administrative Code.

(d) Restoration of a license in an inactive status, outlined in rule 4757-7-03 of the Administrative Code.

(E) Application process - permanent license for a member of the armed forces or their spouse.

(1) The board's applications shall include a question to identify if the applicant is a member of the armed forces, a veteran, or a spouse or surviving spouse of a member of the armed forces or veteran. This status shall be stored in the licensing system.

(2) When the board receives an application from an individual identified in paragraph (E)(1) of this rule, the processing of that application shall be prioritized, with a goal of ensuring that a license is issued the same day that the application is complete.

(F) Application for a temporary military license

(1) In accordance with division (C) of section 4743.041 of the Revised Code, a person who presents the following qualifications by applying using an application required by the board is eligible for a temporary military license to practice as a counselor, social worker, or marriage and family therapist Ohio.

(a) The person holds a valid license issued by another state to practice as a social worker, counselor, or marriage and family therapist;

(b) The person is in good standing in the state of licensure or certification;

(c) The person presents adequate proof to the board that the individual or the individual's spouse is on active military duty in the state of Ohio;

(d) The person complies with the criminal records check requirements in section 4755.70 of the Revised Code. The results of the criminal records check shall be received by the board prior to the issuance of a license to practice.

(2) The license issued to the applicant under this rule will be the license that has the scope of practice comparable to the license held in the state issuing the qualifying license.

(3) The board must abide by the timelines set forth in division (D) of section 4743.041 of the Revised Code in granting a military license.

(4) An application for a military license must include:

(a) Proof of either of the following:

(i) The applicant is an active duty member of the armed forces of the United States who is stationed in Ohio; or

(ii) The applicant is married to an active duty member of the armed forces of the United States who is stationed in Ohio.

(b) Proof the applicant holds a valid unrestricted license to practice as a counselor, social worker, or marriage and family therapist in another state;

(c) Attestation the applicant has complied with the criminal records check in section 4755.70 of the Revised Code.

(d) Attestation the applicant will notify the board if they become unqualifed for temporary military license as defined in paragraph (F)(4)(e) of rule 4757-1-08 of the Administrative Code or if the member is no longer stationed in Ohio.

(e) Attestation the applicant is aware that the temporary military license will be revoked in accordance with Chapter 119. of the Revised Code if:

(i) The qualfiying license issued by another state expires or is revoked, or the person is not in good standing;

(ii) For a licensee who is a military spouse, six months have elapsed since the divorce, dissolution, or annulment of the marriage to a person in the military who qualified the licensee for a temporary military license;

(iii) The licensee is disqualified from obtaining a license because of a conviction, judicial finding of guilt, or plea of guilty to a disqualifying criminal offense.

(5) To document, track, prioritize, and expedite the issuance of licenses under this rule, the board shall process the application in the following manner:

(a) After initial review by the license examiner assigned to complete an initial review of submitted applications, route the application via the eLicense system to the board staff member responsible for reviwing and issuing under this rule;

(b) If the application is complete, issue the license immediately;

(c) Communicate with the applicant regarding the status of the application, including what information is needed to complete the application;

(d) Prioritize the application for approval even if it was received later than applications requiring general processing.

(6) A temporary military license shall expire six years after the date of issuance and is not renewable. A licensee may apply for a regular license by endorsement or examination while the temporary military license is active.

(7) The board shall waive all license application associated with a temporary military license.

(8) An individual holding a temporary military license must practice within the appropriate scope of practice for social work, counseling, and marriage and family therapy in the state of Ohio.

Last updated April 19, 2021 at 9:37 AM

Supplemental Information

Authorized By: 5903.04
Amplifies: 4743.041, 5903.01, 5903.121, 5903.12 , 5903.11, 5903.10, 5903.05, 5903.04 , 5903.03
Five Year Review Date: 2/27/2023

Rule 4757-1-09 | Conditional permission to practice.

• Effective: December 26, 2023
• Promulgated Under: 119.03

Non-residents who hold an equivalent license or registration in their home jurisdiction, and whose qualifications, as demonstrated in an application prescribed by the board, meet the standards for licensure under Chapter 4757. of the Revised Code and Chapter 4757. of the Administrative Code may be awarded conditional permission to practice. Nonresidents shall have conditional authorization to practice counseling, social work, or marriage and family therapy for not more than thirty days in a six month period upon board approval, receipt of written authorization granting the nonresident permission to practice, and payment of an application fee.

Last updated December 27, 2023 at 8:15 AM

Supplemental Information

Authorized By: 4757.10
Amplifies: 4757.16
Five Year Review Date: 12/26/2028