AGO 1993-008.

• Case Date: April 14, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-008. April 14, 1993OPINION NO. 1993-008Martha S. Cameron, President Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board 77 South High Street Columbus, Ohio 43266-0317Dear President Cameron: You have asked for an opinion concerning the amendment of R.C. 4755.03 in both Am. Sub. S.B. 124, 119th Gen. A. (1992) (eff. April 16, 1993) and Sub. S.B. 5, 120th Gen. A. (1993) (eff. March 16, 1993). These amendments impose new limitations on a person's eligibility to serve as executive director of the Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board (hereinafter the Board).

Background

Prior to its recent amendments, R.C. 4755.03 read in pertinent part:

The executive director of the board, appointed by the board, shall be a physical therapist who is licensed to practice physical therapy and who has been engaged in or actively associated with the practice of physical therapy in this state for at least five years immediately preceding appointment, or an occupational therapist who is licensed to practice occupational therapy and who has been engaged in or actively associated with the practice of occupational therapy in this state for at least five years immediately preceding appointment, or a licensed athletic trainer who has been engaged in athletic training in this state for at least five years immediately preceding appointment.

1989-1990 Ohio Laws, Part IV, 6307, 6319 (Am. Sub. H.B. 677, eff., in part, July 24, 1990). As amended by Sub. S.B. 5,(fn1) R.C. 4755.03 states, in pertinent part:

The executive director of the board appointed by the board shall not be a physical therapist, an occupational therapist, or an athletic trainer who has been licensed to practice physical therapy, occupational therapy, or as an athletic trainer in this state within three years immediately preceding appointment. The executive director shall serve at the pleasure of the board. (Emphasis added.)

According to your letter, the person currently serving as executive director was appointed to that position on October 15, 1985, and is currently licensed to practice occupational therapy in this state, having been so licensed since 1978. Based upon these facts, you specifically ask: "1) can this statute be applied retroactively to the current executive director, and 2) can the Board legally retain the services of the current executive director or must it terminate her employment?"

Amendments to R.C. 4755.03

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