4757-1-04 Applications of first licensure.

(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, or for registration of title as a social work assistant, counselor trainee or social worker trainee, shall file with the executive director of the board an online application; or a written application, signed and duly notarized, on a form prescribed by the board. 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. 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. Transcripts shall be sent directly to the board office by the college or university. 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 he/she 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) Notarized 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. Notarized 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.

(D) Applicants for any license or certificate of registration issued by the board shall be of good moral character. The board may, in its discretion, deny any application for licensure or certification if the board finds that the applicant was convicted of, pled guilty to, or pled no contest to a felony or misdemeanor involving moral turpitude or for acts committed, which would constitute a felony or misdemeanor involving moral turpitude, if committed in Ohio. The board shall consider the number and timing of any convictions and the relationship those convictions may have to the practice for which the applicant has made application for licensure or certification. The board shall consider an applicant's fitness to practice a part of the good moral character requirements. The board at its discretion may request any of the following to help determine good moral character and fitness to practice: a criminal records check, a criminal background check or a psychological evaluation.

(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, or for registration of title as a social work assistant, counselor 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 at least 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.

(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.

Effective: 10/18/2009
R.C. 119.032 review dates: 06/12/2009 and 09/20/2014
Promulgated Under: 119.03
Statutory Authority: 4757.10
Rule Amplifies: 4757.10 , 4757.16
Prior Effective Dates: Eff 6-11-85 (Emer.); 9-19-85 (Emer.); 12-19-85; 7-3-97; 9-20-02; 4-10-04; 9-20-07; 11-2-08