As Reported by the House Commerce and Labor Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 553 5
1997-1998 6
REPRESENTATIVES COUGHLIN-LOGAN-HOOD-WACHTMANN-PATTON 8
10
A B I L L
To amend sections 4725.05, 4725.08, 4725.09, and 12
4725.091 of the Revised Code to prohibit the 13
State Board of Optometry from considering the 14
application of an applicant who has failed any 15
part of the licensing examination four times 16
until the applicant has taken remedial classes 17
and passed the examination, to change the content 18
of the optometry licensing examination, to 19
remove a provision that required optometrists 20
seeking a therapeutic pharmaceutical agents 21
certificate to meet certain requirements by May 22
19, 1997, to specify that the Board may hire an 23
executive secretary, and to make other changes in 24
the Optometrists Law. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 4725.05, 4725.08, 4725.09, and 29
4725.09l of the Revised Code be amended to read as follows: 31
Sec. 4725.05. Before entering upon the discharge of the 40
OFFICIAL duties of his office, the secretary of the state board 42
of optometry shall give a bond, to be approved by the board, in 43
the sum of two thousand dollars conditioned for the faithful 44
discharge of the duties of his THE SECRETARY'S office. The 45
premium for such bond shall be paid as are other expenditures of 47
the board. Such bond, with the approval of the board and oath of 48
office indorsed thereon, shall be deposited with the secretary of 49
state and kept in his THE SECRETARY OF STATE'S office. 50
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The board may employ such assistants, inspectors, 52
investigators, and clerical help, INCLUDING AN EXECUTIVE 53
SECRETARY, as are necessary to administer and enforce sections 55
4725.01 to 4725.21 of the Revised Code, the expenses thereof to 56
be charged and paid as other expenditures of the board. 57
All receipts of the state board of optometry, from any 59
source, shall be deposited in the state treasury to the credit of 60
the occupational licensing and regulatory fund. 61
Sec. 4725.08. (A) Each person who desires to commence the 70
practice of optometry shall file with the EXECUTIVE secretary of 71
the state board of optometry a written application for the 73
licensing examination CONTAINING THE INFORMATION THE BOARD DEEMS 74
NECESSARY TO DETERMINE WHETHER AN APPLICANT IS QUALIFIED FOR 75
LICENSURE UNDER THIS CHAPTER.
Each application for the licensing examination LICENSURE 77
shall be accompanied by the fee required SPECIFIED under section 79
4725.10 of the Revised Code FOR REGISTRATIONS AND LICENSING 81
EXAMINATIONS and shall be filed with the EXECUTIVE secretary not 82
more than sixty nor less than thirty days prior to the day of any 83
meeting OF THE BOARD at which the applicable examination 85
LICENSURE is to be held GRANTED. 86
Each application for the licensing examination LICENSURE 88
shall be upon the form prescribed by the board and shall be 90
verified by the oath of the applicant. In addition, it shall 91
contain information and evidence satisfactory to the board 92
showing the eligibility of the applicant to take the examination 93
IN MEETING THE CRITERIA REQUIRED FOR LICENSURE. 94
(B) No person is eligible to take the licensing 96
examination FOR LICENSURE unless he is THE PERSON MEETS ALL OF 98
THE FOLLOWING CRITERIA:
(1) IS at least eighteen years of age,; 101
(2) IS of good moral character, has; 104
(3) HAS satisfactorily completed a course of study of at 107
least six college years, and has;
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(4) HAS graduated from a AN ACCREDITED school of optometry 110
accredited APPROVED by the board;, provided that the school of 111
optometry requires at least two academic years of study with 112
credits of at least sixty semester hours or ninety quarter hours 113
in a college of arts and sciences accredited by the association 114
of American universities or, the north central association of 115
colleges and secondary schools, or a similar regional accrediting 116
agency as a prerequisite to admission to the courses in 118
optometry;, and additionally provided that the school of
optometry requires a course of study of at least four academic 120
years with credits of at least one hundred thirty-four semester 121
hours or two hundred quarter hours. No school of optometry shall 122
be accredited APPROVED unless it is accredited by the established 123
professional optometric accrediting agency, and no school of 124
optometry shall be accredited APPROVED except by an affirmative 125
vote of a majority of the members of the board. The board may 127
require higher standards for the accrediting APPROVAL of the 128
schools of optometry. 129
The (5) HAS PASSED ALL PARTS OF THE licensing examination, 132
WHICH shall consist of two THREE parts. Part one of the 134
examination shall consist of tests in practical, theoretical, and 135
physiological optics, in theoretical and practical optometry, in 136
the anatomy and physiology of the eye, in pathology, and in the 137
optometric aspects of whatever additional related social, 138
physical, and biological sciences are determined by the board to 139
be appropriate subject matters for examination BASIC SCIENCE, 140
HUMAN BIOLOGY, OCULAR AND VISUAL BIOLOGY, THEORETICAL OPHTHALMIC, 141
PHYSIOLOGICAL OPTICS, AND PHYSIOLOGICAL PSYCHOLOGY. PART TWO OF 142
THE EXAMINATION SHALL CONSIST OF TESTS IN CLINICAL SCIENCE, 143
SYSTEMIC CONDITIONS, THE TREATMENT AND MANAGEMENT OF OCULAR 144
DISEASE, REFRACTIVE OCULOMOTOR, SENSORY INTEGRATIVE CONDITIONS, 145
PERCEPTUAL CONDITIONS, PUBLIC HEALTH, THE LEGAL ISSUES REGARDING 146
THE CLINICAL PRACTICE OF OPTOMETRY, AND PHARMACOLOGY; PART TWO 147
ALSO SHALL TEST THE APPLICANT'S KNOWLEDGE DERIVED FROM THE COURSE 148
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OF STUDY PRESCRIBED UNDER DIVISION (C) OF THIS SECTION. PART 149
THREE OF THE EXAMINATION SHALL CONSIST OF TESTS IN PATIENT CARE 150
AND MANAGEMENT, CLINICAL SKILLS, AND THE VISUAL RECOGNITION AND 151
INTERPRETATION OF CLINICAL SIGNS. THE BOARD MAY REQUIRE 152
ADDITIONAL SUBJECT MATTER FOR THE EXAMINATION THAT IT DEEMS 153
NECESSARY AND APPROPRIATE, provided that the schools and colleges 155
approved by the board include such subject matters in the 156
prescribed curriculum. Part two of the examination shall be a 157
pharmacology examination and shall test the applicant's knowledge 158
derived from the course of study prescribed under division (C) of 159
this section.
The licensing examination shall be prepared, administered, 161
and graded by the national board of examiners in optometry or a 162
professionally qualified testing organization recognized by the 163
state board of optometry. 164
(C) The state board of optometry shall prescribe by rule 166
an eighty-seven clock-hour course of study and training to be 167
completed at an institution accredited by a regional or 168
professional accreditation organization that is recognized or 169
approved by the council on post-secondary accreditation or the 170
United States department of education or its successor. The 171
course of study and training shall include, but is not limited 172
to, instruction in general and ocular pharmacology, including the 173
nature of adverse reactions caused by pharmaceutical agents and 174
emergency steps to be taken in such cases; signs, symptoms, and 175
treatment of ocular disease, injury, or abnormality; ocular signs 176
and symptoms of systemic disease; appropriate criteria for 177
referrals to physicians; and cardiopulmonary resuscitation. 178
(D) No person shall be permitted by the board to take more 180
than four licensing examinations THE STATE BOARD OF OPTOMETRY 182
SHALL NOT CONSIDER THE APPLICATION OF AN APPLICANT WHO HAS FAILED 183
ANY PART OF THE LICENSING EXAMINATION FOUR TIMES UNTIL THE 184
APPLICANT SUCCESSFULLY COMPLETES THIRTY HOURS OF REMEDIAL 185
TRAINING APPROVED BY THE BOARD IN THE SPECIFIC SUBJECT AREA 186
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COVERED BY THE FAILED EXAMINATION, SUBMITS PROOF OF THAT TRAINING 187
TO THE BOARD, AND PASSES THE EXAMINATION. 188
Sec. 4725.09. (A) The state board of optometry shall 197
issue certificates under its seal as provided in this division: 198
(1) Every applicant who, prior to the effective date of 200
this amendment MAY 19, 1992, passed the licensing examination 202
then in effect, and who otherwise complies with sections 4725.01 203
to 4725.21 of the Revised Code shall receive from the board a 204
certificate of licensure authorizing him THE APPLICANT to engage 205
in the practice of optometry as provided in division (A)(1) of 207
section 4725.01 of the Revised Code. 208
(2) Every applicant who, prior to the effective date of 210
this amendment MAY 19, 1992, passed the general and ocular 212
pharmacology examination then in effect, and who otherwise 213
complies with sections 4725.01 to 4725.21 of the Revised Code, 214
shall receive from the board a separate topical ocular 215
pharmaceutical agents certificate authorizing him THE APPLICANT 216
to administer topical ocular pharmaceutical agents as provided in 218
division (A)(2) of section 4725.01 of the Revised Code and in 219
accordance with sections 4725.01 to 4725.21 of the Revised Code. 220
(3) Every applicant who holds a valid certificate of 222
licensure, meets the requirements of section 4725.091 of the 223
Revised Code, and passes part two of the licensing examination 224
shall receive from the board a separate therapeutic 225
pharmaceutical agents certificate authorizing him THE APPLICANT 226
to engage in the practice of optometry as provided in division 228
(A)(3) of section 4725.01 of the Revised Code. 229
(4) Every applicant who passes parts one and, two, AND 232
THREE of the licensing examination and otherwise complies with 233
the requirements of sections 4725.01 to 4725.21 of the Revised 234
Code shall receive from the board a certificate of licensure 235
authorizing him THE APPLICANT to engage in the practice of 236
optometry as provided in division (A)(1) of section 4725.01 of 238
the Revised Code and a separate therapeutic pharmaceutical agents 239
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certificate authorizing him THE APPLICANT to engage in the 240
practice of optometry as provided in division (A)(3) of that 242
section.
(B) Each certificate of licensure, each topical ocular 244
pharmaceutical agents certificate, and each therapeutic 245
pharmaceutical agents certificate shall be registered by the 246
secretary of the board in accordance with section 4725.07 of the 247
Revised Code. The register shall be open to public inspection 248
and a certified copy of that record shall be received as 249
prima-facie evidence in all courts in the trial of any case. Each 251
person to whom a certificate is issued by the board shall keep 252
the certificate displayed in a conspicuous place in the location 253
at which that person practices optometry and shall whenever 254
required exhibit the certificate to any member or agent of the 255
board.
(C) Peddling from door to door, or the establishment of 257
temporary offices, is specifically forbidden under penalty of 258
revocation of the certificate of licensure. If any person 259
practices optometry outside of or away from the location at which 260
his THE PERSON'S certificate of licensure is displayed, he THE 262
PERSON shall deliver to each person INDIVIDUAL, examined or 263
fitted with glasses by him THE PERSON, a certificate signed by 265
him THE PERSON in which he THE PERSON shall set forth the amounts 266
charged, his THE PERSON'S post-office address, and the number of 267
his THE PERSON'S certificate of licensure. 269
Each person to whom any certificate has been issued by the 271
board under division (A) of this section, before practicing as 272
authorized by the certificate, shall register it in the office of 273
the clerk of the court of common pleas in each county in which he 274
THE PERSON proposes to practice and shall pay such fee as may be 276
chargeable. The clerk shall keep a certificate registration book 277
in which he THE CLERK promptly shall register each certificate 279
for which the fee is paid. Any failure, neglect, or refusal to 280
register a certificate for a period of ninety days after its 281
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issuance or from the date of removal of the holder's practice to 282
a county other than the one in which the certificate is 283
registered shall automatically work the suspension of the 284
certificate, and it shall not be restored except upon written 285
application, together with the payment of a fee of twenty-five 286
dollars, to the board.
Sec. 4725.091. (A) A person who, on the effective date of 295
this section MAY 19, 1992, holds a valid certificate of licensure 297
or topical ocular pharmaceutical agents certificate issued by the 298
state board of optometry may continue to engage in the practice 299
of optometry as provided by the certificate of licensure or 300
topical ocular pharmaceutical agents certificate provided he THE 301
PERSON continues to comply with sections 4725.01 to 4725.21 of 303
the Revised Code as required by his THE PERSON'S certificate of 304
licensure or topical ocular pharmaceutical agents certificate. 306
(B) The board shall issue a therapeutic pharmaceutical 308
agents certificate under division (A)(3) of section 4725.09 of 309
the Revised Code to any optometrist who holds a certificate of 310
licensure issued by the board and meets the requirements of 311
divisions (C) and (E) of this section not later than five years 312
after the effective date of this section. 313
(C)(1) A licensed optometrist seeking a therapeutic 315
pharmaceutical agents certificate under division (A)(3) of 316
section 4725.09 of the Revised Code who does not hold a valid 317
topical ocular pharmaceutical agents certificate shall complete 318
the course of study in general and ocular pharmacology prescribed 319
by the board under division (C) of section 4725.08 of the Revised 320
Code and pass part two THE TREATMENT AND MANAGEMENT OF OCULAR 321
DISEASE PORTION of the optometry licensing examination 322
administered REQUIRED by the board under section 4725.08 of the 323
Revised Code. 325
(2) A licensed optometrist seeking a therapeutic 327
pharmaceutical agents certificate issued under division (A)(3) of 328
section 4725.09 of the Revised Code who holds a valid topical 329
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ocular pharmaceutical agents certificate shall complete a thirty 330
clock-hour course of study in general and ocular pharmacology in 331
accordance with division (D) of this section and pass part two 332
THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE PORTION of the 334
optometry licensing examination administered REQUIRED by the
board under section 4725.08 of the Revised Code. 336
(D) The board shall prescribe by rule the course of study 338
provided for by division (C)(2) of this section. The course of 339
study shall emphasize the treatment AND MANAGEMENT of ocular 340
disease and shall be completed at an institution accredited by a 342
regional or professional accreditation organization that is 343
recognized or approved by the council on post-secondary 344
accreditation or the United States department of education or its 345
successor.
(E) An optometrist who has completed the appropriate 347
course of study under divisions (C) and (D) of this section may 348
apply to the board to take part two of the licensing examination 349
FOR A THERAPEUTIC PHARMACEUTICAL AGENTS CERTIFICATE. Each 351
application shall be on the form prescribed by the board and
shall be verified by the oath of the applicant. It shall contain 352
information and evidence satisfactory to the board showing the 353
eligibility of the applicant to take part two AND THAT THE 354
APPLICANT HAS PASSED THE TREATMENT AND MANAGEMENT OF OCULAR 355
DISEASE PORTION of the examination and. THE APPLICATION shall be 357
accompanied by the fee required SPECIFIED by section 4725.10 of 360
the Revised Code FOR REGISTRATIONS AND LICENSING EXAMINATIONS.
In addition to the examination dates the board sets for 362
applicants under division (A)(4) of section 4725.09 of the 363
Revised Code, the board shall set dates on which part two of the 364
examination may be taken by applicants under division (A)(3) of 365
that section. No optometrist shall be permitted by the board to 366
take part two of the examination more than four times. 367
THE BOARD SHALL PROVIDE APPLICANTS FOR A THERAPEUTIC 369
PHARMACEUTICAL AGENTS CERTIFICATE UNDER THIS DIVISION WITH 370
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INFORMATION ON THE DATES THAT THE TREATMENT AND MANAGEMENT OF 371
OCULAR DISEASE PORTION OF THE LICENSING EXAMINATION WILL BE 372
AVAILABLE FROM THE NATIONAL BOARD OF EXAMINERS IN OPTOMETRY OR A 373
PROFESSIONAL QUALIFIED TESTING ORGANIZATION RECOGNIZED BY THE 374
STATE BOARD OF OPTOMETRY. THE STATE BOARD OF OPTOMETRY SHALL 375
PROCESS LICENSURE APPLICATIONS AT THE NEXT AVAILABLE BOARD 376
MEETING AFTER THE EXAMINATION. 377
THE STATE BOARD OF OPTOMETRY SHALL NOT ISSUE A THERAPEUTIC 379
PHARMACEUTICAL AGENTS CERTIFICATE TO AN OPTOMETRIST WHO HAS 380
FAILED THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE PORTION OF 381
THE LICENSING EXAMINATION FOUR TIMES UNTIL THE OPTOMETRIST 382
SUCCESSFULLY COMPLETES THIRTY HOURS OF REMEDIAL TRAINING APPROVED 384
BY THE BOARD IN THERAPEUTIC PHARMACOLOGY, SUBMITS PROOF OF THAT 385
TRAINING TO THE BOARD, AND PASSES THE EXAMINATION.
Section 2. That existing sections 4725.05, 4725.08, 387
4725.09, and 4725.091 of the Revised Code are hereby repealed. 389