2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5126 | County Boards of Developmental Disabilities › Section 5126.25 | Uniform Standards and Procedures for Certification and Registrations of Persons Seeking Employment.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 (GA 134),  House Bill 509 (GA 134)
(A) The director of developmental disabilities shall adopt rules under division (C) of this section establishing uniform standards and procedures for the certification and registration of persons, other than the persons described in division (I) of this section, who are seeking employment with or are employed by either of the following:
(1) A county board of developmental disabilities;
(2) An entity that contracts with a county board to operate programs and services for individuals with developmental disabilities.
(B) No person shall be employed in a position for which certification or registration is required pursuant to the rules adopted under this section without the certification or registration that is required for that position. The person shall not be employed or shall not continue to be employed if the required certification or registration is denied, revoked, or not renewed.
(C) The director shall adopt rules in accordance with Chapter 119. of the Revised Code as the director considers necessary to implement and administer this section, including rules establishing all of the following:
(1) Positions of employment that are subject to this section and, for each position, whether a person must receive certification or receive registration to be employed in that position;
(2) Requirements that must be met to receive the certification or registration required to be employed in a particular position, including standards regarding education, specialized training, and experience, taking into account the needs of individuals with developmental disabilities and the specialized techniques needed to serve them, except that the rules shall not require a person designated as a service employee under section 5126.22 of the Revised Code to have or obtain a bachelor's or higher degree;
(3) Procedures to be followed in applying for initial certification or registration and for renewing the certification or registration.
(4) Requirements that must be met for renewal of certification or registration, which may include continuing education and professional training requirements;
(5) Subject to section 5126.23 of the Revised Code, grounds for which certification or registration may be denied, suspended, or revoked and procedures for appealing the denial, suspension, or revocation.
(D) Each person seeking certification or registration for employment shall apply in the manner established in rules adopted under this section.
(E)(1) Except as provided in division (E)(2) of this section, the superintendent of each county board is responsible for taking all actions regarding certification and registration of employees, other than the position of superintendent, early intervention specialist, or investigative agent. For the position of superintendent, early intervention specialist, or investigative agent, the director of developmental disabilities is responsible for taking all such actions.
Actions that may be taken by the superintendent or director include issuing, renewing, denying, suspending, and revoking certification and registration. All actions shall be taken in accordance with the rules adopted under this section.
The superintendent may charge a fee to persons applying for certification or registration. The superintendent shall establish the amount of the fee according to the costs the county board incurs in administering its program for certification and registration of employees.
A person subject to the denial, suspension, or revocation of certification or registration may appeal the decision. The appeal shall be made in accordance with the rules adopted under this section.
(2) Pursuant to division (C) of section 5126.05 of the Revised Code, the superintendent may enter into a contract with any other entity under which the entity is given authority to carry out all or part of the superintendent's responsibilities under division (E)(1) of this section.
(F) A person with valid certification or registration under this section on the effective date of any rules adopted under this section that increase the standards applicable to the certification or registration shall have such period as the rules prescribe, but not less than one year after the effective date of the rules, to meet the new certification or registration standards.
(G) A person with valid certification or registration is qualified to be employed according to that certification or registration by any county board or entity contracting with a county board.
(H) The director shall monitor county boards to ensure that their employees and the employees of their contracting entities have the applicable certification or registration required under this section and that the employees are performing only those functions they are authorized to perform under the certification or registration. The superintendent of each county board or the superintendent's designee shall maintain in appropriate personnel files evidence acceptable to the director that the employees have met the requirements. On request, representatives of the department of developmental disabilities shall be given access to the evidence.
(I) The certification and registration requirements of this section and the rules adopted under it do not apply to either of the following:
(1) A person who holds a valid license issued or certificate issued under Chapter 3319. of the Revised Code and performs no duties other than teaching or supervision of a teaching program;
(2) A person who holds a valid license or certificate issued under Title XLVII of the Revised Code and performs only those duties governed by the license or certificate.
(J)(1) Beginning January 1, 2025, the rules adopted under this section shall not require an individual employed by a county board of developmental disabilities to be certified to provide, or supervise the provision of, adult services.
(2) Beginning on the date that is one year after the effective date of this amendment, the rules adopted under this section shall not establish varying levels of certification for an individual to receive an investigative agent certification and instead shall establish uniform qualifications for all applicants and a process for converting any existing certificates of varying levels to a single level of certification for investigative agents.
(K) The director shall issue a certification or registration in accordance with Chapter 4796. of the Revised Code to a person if either of the following applies:
(1) The person holds a license, certification, or registration in another state.
(2) The person has satisfactory work experience, a government certification, or a private certification as described in that chapter in a state that does not issue that license, certification, or registration.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Last updated December 29, 2023 at 5:34 AM