As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 553 5
1997-1998 6
REPRESENTATIVES COUGHLIN-LOGAN-HOOD-WACHTMANN-PATTON-SALERNO- 8
BRADING-MYERS-O'BRIEN-MOTTLEY-GARCIA-HOUSEHOLDER 9
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A B I L L
To amend sections 4725.05, 4725.08, 4725.09, and 13
4725.091 of the Revised Code to prohibit the 14
State Board of Optometry from considering the 15
application of an applicant who has failed any 16
part of the licensing examination four times 17
until the applicant has taken remedial classes 18
and passed the examination, to change the content 19
of the optometry licensing examination, to 20
remove a provision that required optometrists 21
seeking a therapeutic pharmaceutical agents 22
certificate to meet certain requirements by May 23
19, 1997, to specify that the Board may hire an 24
executive secretary, and to make other changes in 25
the Optometrists Law. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 4725.05, 4725.08, 4725.09, and 30
4725.09l of the Revised Code be amended to read as follows: 32
Sec. 4725.05. Before entering upon the discharge of the 41
OFFICIAL duties of his office, the secretary of the state board 43
of optometry shall give a bond, to be approved by the board, in 44
the sum of two thousand dollars conditioned for the faithful 45
discharge of the duties of his THE SECRETARY'S office. The 46
premium for such bond shall be paid as are other expenditures of 48
the board. Such bond, with the approval of the board and oath of 49
office indorsed thereon, shall be deposited with the secretary of 50
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state and kept in his THE SECRETARY OF STATE'S office. 51
The board may employ such assistants, inspectors, 53
investigators, and clerical help, INCLUDING AN EXECUTIVE 54
SECRETARY, as are necessary to administer and enforce sections 56
4725.01 to 4725.21 of the Revised Code, the expenses thereof to 57
be charged and paid as other expenditures of the board. 58
All receipts of the state board of optometry, from any 60
source, shall be deposited in the state treasury to the credit of 61
the occupational licensing and regulatory fund. 62
Sec. 4725.08. (A) Each person who desires to commence the 71
practice of optometry shall file with the EXECUTIVE secretary of 72
the state board of optometry a written application for the 74
licensing examination CONTAINING THE INFORMATION THE BOARD DEEMS 75
NECESSARY TO DETERMINE WHETHER AN APPLICANT IS QUALIFIED FOR 76
LICENSURE UNDER THIS CHAPTER.
Each application for the licensing examination LICENSURE 78
shall be accompanied by the fee required SPECIFIED under section 80
4725.10 of the Revised Code FOR REGISTRATIONS AND LICENSING 82
EXAMINATIONS and shall be filed with the EXECUTIVE secretary not 83
more than sixty nor less than thirty days prior to the day of any 84
meeting OF THE BOARD at which the applicable examination 86
LICENSURE is to be held GRANTED. 87
Each application for the licensing examination LICENSURE 89
shall be upon the form prescribed by the board and shall be 91
verified by the oath of the applicant. In addition, it shall 92
contain information and evidence satisfactory to the board 93
showing the eligibility of the applicant to take the examination 94
IN MEETING THE CRITERIA REQUIRED FOR LICENSURE. 95
(B) No person is eligible to take the licensing 97
examination FOR LICENSURE unless he is THE PERSON MEETS ALL OF 99
THE FOLLOWING CRITERIA:
(1) IS at least eighteen years of age,; 102
(2) IS of good moral character, has; 105
(3) HAS satisfactorily completed a course of study of at 108
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least six college years, and has;
(4) HAS graduated from a AN ACCREDITED school of optometry 111
accredited APPROVED by the board;, provided that the school of 112
optometry requires at least two academic years of study with 113
credits of at least sixty semester hours or ninety quarter hours 114
in a college of arts and sciences accredited by the association 115
of American universities or, the north central association of 116
colleges and secondary schools, or a similar regional accrediting 117
agency as a prerequisite to admission to the courses in 119
optometry;, and additionally provided that the school of
optometry requires a course of study of at least four academic 121
years with credits of at least one hundred thirty-four semester 122
hours or two hundred quarter hours. No school of optometry shall 123
be accredited APPROVED unless it is accredited by the established 124
professional optometric accrediting agency, and no school of 125
optometry shall be accredited APPROVED except by an affirmative 126
vote of a majority of the members of the board. The board may 128
require higher standards for the accrediting APPROVAL of the 129
schools of optometry. 130
The (5) HAS PASSED ALL PARTS OF THE licensing examination, 133
WHICH shall consist of two THREE parts. Part one of the 135
examination shall consist of tests in practical, theoretical, and 136
physiological optics, in theoretical and practical optometry, in 137
the anatomy and physiology of the eye, in pathology, and in the 138
optometric aspects of whatever additional related social, 139
physical, and biological sciences are determined by the board to 140
be appropriate subject matters for examination BASIC SCIENCE, 141
HUMAN BIOLOGY, OCULAR AND VISUAL BIOLOGY, THEORETICAL OPHTHALMIC, 142
PHYSIOLOGICAL OPTICS, AND PHYSIOLOGICAL PSYCHOLOGY. PART TWO OF 143
THE EXAMINATION SHALL CONSIST OF TESTS IN CLINICAL SCIENCE, 144
SYSTEMIC CONDITIONS, THE TREATMENT AND MANAGEMENT OF OCULAR 145
DISEASE, REFRACTIVE OCULOMOTOR, SENSORY INTEGRATIVE CONDITIONS, 146
PERCEPTUAL CONDITIONS, PUBLIC HEALTH, THE LEGAL ISSUES REGARDING 147
THE CLINICAL PRACTICE OF OPTOMETRY, AND PHARMACOLOGY; PART TWO 148
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ALSO SHALL TEST THE APPLICANT'S KNOWLEDGE DERIVED FROM THE COURSE 149
OF STUDY PRESCRIBED UNDER DIVISION (C) OF THIS SECTION. PART 150
THREE OF THE EXAMINATION SHALL CONSIST OF TESTS IN PATIENT CARE 151
AND MANAGEMENT, CLINICAL SKILLS, AND THE VISUAL RECOGNITION AND 152
INTERPRETATION OF CLINICAL SIGNS. THE BOARD MAY REQUIRE 153
ADDITIONAL SUBJECT MATTER FOR THE EXAMINATION THAT IT DEEMS 154
NECESSARY AND APPROPRIATE, provided that the schools and colleges 156
approved by the board include such subject matters in the 157
prescribed curriculum. Part two of the examination shall be a 158
pharmacology examination and shall test the applicant's knowledge 159
derived from the course of study prescribed under division (C) of 160
this section.
The licensing examination shall be prepared, administered, 162
and graded by the national board of examiners in optometry or a 163
professionally qualified testing organization recognized by the 164
state board of optometry. 165
(C) The state board of optometry shall prescribe by rule 167
an eighty-seven clock-hour course of study and training to be 168
completed at an institution accredited by a regional or 169
professional accreditation organization that is recognized or 170
approved by the council on post-secondary accreditation or the 171
United States department of education or its successor. The 172
course of study and training shall include, but is not limited 173
to, instruction in general and ocular pharmacology, including the 174
nature of adverse reactions caused by pharmaceutical agents and 175
emergency steps to be taken in such cases; signs, symptoms, and 176
treatment of ocular disease, injury, or abnormality; ocular signs 177
and symptoms of systemic disease; appropriate criteria for 178
referrals to physicians; and cardiopulmonary resuscitation. 179
(D) No person shall be permitted by the board to take more 181
than four licensing examinations THE STATE BOARD OF OPTOMETRY 183
SHALL NOT CONSIDER THE APPLICATION OF AN APPLICANT WHO HAS FAILED 184
ANY PART OF THE LICENSING EXAMINATION FOUR TIMES UNTIL THE 185
APPLICANT SUCCESSFULLY COMPLETES THIRTY HOURS OF REMEDIAL 186
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TRAINING APPROVED BY THE BOARD IN THE SPECIFIC SUBJECT AREA 187
COVERED BY THE FAILED EXAMINATION, SUBMITS PROOF OF THAT TRAINING 188
TO THE BOARD, AND PASSES THE EXAMINATION. 189
Sec. 4725.09. (A) The state board of optometry shall 198
issue certificates under its seal as provided in this division:. 199
(1) Every applicant who, prior to the effective date of 201
this amendment MAY 19, 1992, passed the licensing examination 203
then in effect, and who otherwise complies with sections 4725.01 204
to 4725.21 of the Revised Code shall receive from the board a 205
certificate of licensure authorizing him THE APPLICANT to engage 206
in the practice of optometry as provided in division (A)(1) of 208
section 4725.01 of the Revised Code. 209
(2) Every applicant who, prior to the effective date of 211
this amendment MAY 19, 1992, passed the general and ocular 213
pharmacology examination then in effect, and who otherwise 214
complies with sections 4725.01 to 4725.21 of the Revised Code, 215
shall receive from the board a separate topical ocular 216
pharmaceutical agents certificate authorizing him THE APPLICANT 217
to administer topical ocular pharmaceutical agents as provided in 219
division (A)(2) of section 4725.01 of the Revised Code and in 220
accordance with sections 4725.01 to 4725.21 of the Revised Code. 221
(3) Every applicant who holds a valid certificate of 223
licensure, meets the requirements of section 4725.091 of the 224
Revised Code, and passes part two of the licensing examination 225
shall receive from the board a separate therapeutic 226
pharmaceutical agents certificate authorizing him THE APPLICANT 227
to engage in the practice of optometry as provided in division 229
(A)(3) of section 4725.01 of the Revised Code. 230
(4) Every applicant who passes parts one and, two, AND 233
THREE of the licensing examination and otherwise complies with 234
the requirements of sections 4725.01 to 4725.21 of the Revised 235
Code shall receive from the board a certificate of licensure 236
authorizing him THE APPLICANT to engage in the practice of 237
optometry as provided in division (A)(1) of section 4725.01 of 239
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the Revised Code and a separate therapeutic pharmaceutical agents 240
certificate authorizing him THE APPLICANT to engage in the 241
practice of optometry as provided in division (A)(3) of that 243
section.
(B) Each certificate of licensure, each topical ocular 245
pharmaceutical agents certificate, and each therapeutic 246
pharmaceutical agents certificate shall be registered by the 247
secretary of the board in accordance with section 4725.07 of the 248
Revised Code. The register shall be open to public inspection 249
and a certified copy of that record shall be received as 250
prima-facie evidence in all courts in the trial of any case. Each 252
person to whom a certificate is issued by the board shall keep 253
the certificate displayed in a conspicuous place in the location 254
at which that person practices optometry and shall whenever 255
required exhibit the certificate to any member or agent of the 256
board.
(C) Peddling from door to door, or the establishment of 258
temporary offices, is specifically forbidden under penalty of 259
revocation of the certificate of licensure. If any person 260
practices optometry outside of or away from the location at which 261
his THE PERSON'S certificate of licensure is displayed, he THE 263
PERSON shall deliver to each person INDIVIDUAL, examined or 264
fitted with glasses by him THE PERSON, a certificate signed by 266
him THE PERSON in which he THE PERSON shall set forth the amounts 267
charged, his THE PERSON'S post-office address, and the number of 268
his THE PERSON'S certificate of licensure. 270
Each person to whom any certificate has been issued by the 272
board under division (A) of this section, before practicing as 273
authorized by the certificate, shall register it in the office of 274
the clerk of the court of common pleas in each county in which he 275
THE PERSON proposes to practice and shall pay such fee as may be 277
chargeable. The clerk shall keep a certificate registration book 278
in which he THE CLERK promptly shall register each certificate 280
for which the fee is paid. Any failure, neglect, or refusal to 281
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register a certificate for a period of ninety days after its 282
issuance or from the date of removal of the holder's practice to 283
a county other than the one in which the certificate is 284
registered shall automatically work the suspension of the 285
certificate, and it shall not be restored except upon written 286
application, together with the payment of a fee of twenty-five 287
dollars, to the board.
Sec. 4725.091. (A) A person who, on the effective date of 296
this section MAY 19, 1992, holds a valid certificate of licensure 298
or topical ocular pharmaceutical agents certificate issued by the 299
state board of optometry may continue to engage in the practice 300
of optometry as provided by the certificate of licensure or 301
topical ocular pharmaceutical agents certificate provided he THE 302
PERSON continues to comply with sections 4725.01 to 4725.21 of 304
the Revised Code as required by his THE PERSON'S certificate of 305
licensure or topical ocular pharmaceutical agents certificate. 307
(B) The board shall issue a therapeutic pharmaceutical 309
agents certificate under division (A)(3) of section 4725.09 of 310
the Revised Code to any optometrist who holds a certificate of 311
licensure issued by the board and meets the requirements of 312
divisions (C) and (E) of this section not later than five years 313
after the effective date of this section. 314
(C)(1) A licensed optometrist seeking a therapeutic 316
pharmaceutical agents certificate under division (A)(3) of 317
section 4725.09 of the Revised Code who does not hold a valid 318
topical ocular pharmaceutical agents certificate shall complete 319
the course of study in general and ocular pharmacology prescribed 320
by the board under division (C) of section 4725.08 of the Revised 321
Code and pass part two THE TREATMENT AND MANAGEMENT OF OCULAR 322
DISEASE PORTION of the optometry licensing examination 323
administered REQUIRED by the board under section 4725.08 of the 324
Revised Code. 326
(2) A licensed optometrist seeking a therapeutic 328
pharmaceutical agents certificate issued under division (A)(3) of 329
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section 4725.09 of the Revised Code who holds a valid topical 330
ocular pharmaceutical agents certificate shall complete a thirty 331
clock-hour course of study in general and ocular pharmacology in 332
accordance with division (D) of this section and pass part two 333
THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE PORTION of the 335
optometry licensing examination administered REQUIRED by the
board under section 4725.08 of the Revised Code. 337
(D) The board shall prescribe by rule the course of study 339
provided for by division (C)(2) of this section. The course of 340
study shall emphasize the treatment AND MANAGEMENT of ocular 341
disease and shall be completed at an institution accredited by a 343
regional or professional accreditation organization that is 344
recognized or approved by the council on post-secondary 345
accreditation or the United States department of education or its 346
successor.
(E) An optometrist who has completed the appropriate 348
course of study under divisions (C) and (D) of this section may 349
apply to the board to take part two of the licensing examination 350
FOR A THERAPEUTIC PHARMACEUTICAL AGENTS CERTIFICATE. Each 352
application shall be on the form prescribed by the board and
shall be verified by the oath of the applicant. It shall contain 353
information and evidence satisfactory to the board showing the 354
eligibility of the applicant to take part two AND THAT THE 355
APPLICANT HAS PASSED THE TREATMENT AND MANAGEMENT OF OCULAR 356
DISEASE PORTION of the examination and. THE APPLICATION shall be 358
accompanied by the fee required SPECIFIED by section 4725.10 of 361
the Revised Code FOR REGISTRATIONS AND LICENSING EXAMINATIONS.
In addition to the examination dates the board sets for 363
applicants under division (A)(4) of section 4725.09 of the 364
Revised Code, the board shall set dates on which part two of the 365
examination may be taken by applicants under division (A)(3) of 366
that section. No optometrist shall be permitted by the board to 367
take part two of the examination more than four times. 368
THE BOARD SHALL PROVIDE APPLICANTS FOR A THERAPEUTIC 370
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PHARMACEUTICAL AGENTS CERTIFICATE UNDER THIS DIVISION WITH 371
INFORMATION ON THE DATES THAT THE TREATMENT AND MANAGEMENT OF 372
OCULAR DISEASE PORTION OF THE LICENSING EXAMINATION WILL BE 373
AVAILABLE FROM THE NATIONAL BOARD OF EXAMINERS IN OPTOMETRY OR A 374
PROFESSIONAL QUALIFIED TESTING ORGANIZATION RECOGNIZED BY THE 375
STATE BOARD OF OPTOMETRY. THE STATE BOARD OF OPTOMETRY SHALL 376
PROCESS LICENSURE APPLICATIONS AT THE NEXT AVAILABLE BOARD 377
MEETING AFTER THE EXAMINATION. 378
THE STATE BOARD OF OPTOMETRY SHALL NOT ISSUE A THERAPEUTIC 380
PHARMACEUTICAL AGENTS CERTIFICATE TO AN OPTOMETRIST WHO HAS 381
FAILED THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE PORTION OF 382
THE LICENSING EXAMINATION FOUR TIMES UNTIL THE OPTOMETRIST 383
SUCCESSFULLY COMPLETES THIRTY HOURS OF REMEDIAL TRAINING APPROVED 385
BY THE BOARD IN THERAPEUTIC PHARMACOLOGY, SUBMITS PROOF OF THAT 386
TRAINING TO THE BOARD, AND PASSES THE EXAMINATION.
Section 2. That existing sections 4725.05, 4725.08, 388
4725.09, and 4725.091 of the Revised Code are hereby repealed. 390