As Reported by the Senate Health Committee 1
122nd General Assembly 4
Regular Session 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
SENATORS DRAKE-SUHADOLNIK 10
12
A B I L L
To amend sections 4725.01, 4725.02, 4725.03, 15
4725.04, 4725.05, 4725.06, 4725.07, 4725.08, 16
4725.09, 4725.091, 4725.10, 4725.11, 4725.111,
4725.112, 4725.113, 4725.114, 4725.12, 4725.13, 17
4725.14, 4725.15, 4725.16, 4725.17, 4725.18, 18
4725.21, 4725.59, 4725.60, 4725.99, 4729.29, 19
4729.51, 4731.44, and 5903.12; to amend, for the 20
purpose of adopting new section numbers as
indicated in parentheses, sections 4725.08 21
(4725.12), 4725.09 (4725.13), 4725.091 (4725.14), 22
4725.10 (4725.16), 4725.11 (4725.19), 4725.111 23
(4725.21), 4725.112 (4725.31), 4725.113
(4725.22), 4725.114 (4725.33), 4725.12 (4725.18), 24
4725.13 (4725.25), 4725.14 (4725.26), 4725.15 25
(4725.34), 4725.16 (4725.27), 4725.17 (4725.28), 26
4725.18 (4725.30), 4725.21 (4725.32), and 4725.60
(4725.20); and to enact new sections 4725.08, 27
4725.09, 4725.10, 4725.11, 4725.15, and 4725.17 28
and sections 4725.23, 4725.24, 4725.29, and 29
4725.531 of the Revised Code to revise the laws 31
pertaining to the powers and duties of the State 32
Board of Optometry.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 34
Section 1. That sections 4725.01, 4725.02, 4725.03, 37
2
4725.04, 4725.05, 4725.06, 4725.07, 4725.08, 4725.09, 4725.091, 38
4725.10, 4725.11, 4725.111, 4725.112, 4725.113, 4725.114, 39
4725.12, 4725.13, 4725.14, 4725.15, 4725.16, 4725.17, 4725.18, 40
4725.21, 4725.59, 4725.60, 4725.99, 4729.29, 4729.51, 4731.44, 41
and 5903.12 be amended; sections 4725.08 (4725.12), 4725.09 42
(4725.13), 4725.091 (4725.14), 4725.10 (4725.16), 4725.11 43
(4725.19), 4725.111 (4725.21), 4725.112 (4725.31), 4725.113 44
(4725.22), 4725.114 (4725.33), 4725.12 (4725.18), 4725.13 45
(4725.25), 4725.14 (4725.26), 4725.15 (4725.34), 4725.16 46
(4725.27), 4725.17 (4725.28), 4725.18 (4725.30), 4725.21 47
(4725.32), and 4725.60 (4725.20) be amended for the purpose of 48
adopting new section numbers as indicated in parentheses; and new 49
sections 4725.08, 4725.09, 4725.10, 4725.11, 4725.15, and 4725.17 50
and sections 4725.23, 4725.24, 4725.29, and 4725.531 of the 51
Revised Code be enacted to read as follows: 53
Sec. 4725.01. As used in this chapter: 62
(A)(1) The "practice of optometry" means the application 64
of optical principles, through technical methods and devices, in 65
the examination of human eyes for the purpose of ascertaining 66
departures from the normal, measuring their functional powers, 67
adapting optical accessories for the aid thereof, and detecting 68
ocular abnormalities that may be evidence of disease, pathology, 69
or injury. 70
(2) In the case of a licensed optometrist who holds a 72
topical ocular pharmaceutical agents certificate, the "practice 73
of optometry" has the same meaning as in division (A)(1) of this 74
section, except that it also includes administering topical 75
ocular pharmaceutical agents for the purposes set forth in 76
division (A)(1) of this section. 77
(3) In the case of a licensed optometrist who holds a 79
therapeutic pharmaceutical agents certificate, the "practice of 80
optometry" has the same meaning as in divisions (A)(1) and (2) of 81
this section, except that it also includes employing, applying, 82
administering, and prescribing instruments, devices, procedures 83
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other than invasive procedures, and therapeutic pharmaceutical 84
agents for the following purposes: 85
(a) Examination, investigation, diagnosis, or prevention 87
of any disease, injury, or other abnormal condition of the visual 88
system; 89
(b) Treatment or cure of any disease, injury, or other 91
abnormal condition of the anterior segment of the human eye. 92
(B) "Topical ocular pharmaceutical agents" means: 94
(1) Proparacaine hydrochloride in a potency not exceeding 96
five-tenths of one per cent ophthalmic solution; 97
(2) Benoxinate hydrochloride in a potency not exceeding 99
four-tenths of one per cent ophthalmic solution; 100
(3) Phenylephrine hydrochloride in a potency not exceeding 102
two and five-tenths per cent ophthalmic solution; 103
(4) Hydroxyamphetamine hydrobromide in a potency not 105
exceeding one per cent ophthalmic solution; 106
(5) Tropicamide in a potency not exceeding one per cent 108
ophthalmic solution; 109
(6) Cyclopentolate in a potency not exceeding one per cent 111
ophthalmic solution; 112
(7) Any other topical ocular pharmaceutical agents if the 114
primary indications for their use are consistent with the 115
purposes set forth in division (A)(1) of this section, their new 116
drug application is approved by and the potency in which they may 117
be used for evaluative purposes has been established by the 118
federal food and drug administration after January 1, 1983, and 119
their use for the purposes set forth in division (A)(1) of this 120
section has been approved by rule of the state board of 121
optometry. 122
(C) "Therapeutic pharmaceutical agent" means a topical 124
ocular pharmaceutical agent or any of the following drugs or 125
dangerous drugs, as defined in section 4729.01 of the Revised 127
Code, that is used for examination, investigation, diagnosis, or 128
prevention of disease, injury, or other abnormal condition of the 129
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visual system or for treatment or cure of disease, injury, or 130
other abnormal condition of the anterior segment of the human eye 131
and is an anti-microbial, anti-allergy, anti-glaucoma, topical 132
anti-inflammatory, or cycloplegic agent, or an analgesic: 133
(1) A topical ophthalmic preparation; 135
(2) Oral dosage of any of the following drugs: 137
(a) Acetazolamide; 139
(b) Astemizole; 141
(c) Dichlorphenamide; 143
(d) Diphenhydramine; 145
(e) Glycerin in a fifty per cent solution; 147
(f) Isosorbide in a forty-five per cent solution; 149
(g) Methazolamide; 151
(h) Analgesics that may be legally sold without 153
prescription; 154
(i) Terfenadine; 156
(j) Ampicillin in a two hundred fifty milligram or five 158
hundred milligram dosage; 159
(k) Cefaclor in a two hundred fifty milligram or five 161
hundred milligram dosage; 162
(l) Cephalexin in a two hundred fifty milligram or five 164
hundred milligram dosage; 165
(m) Dicloxacillin in a two hundred fifty milligram or five 167
hundred milligram dosage; 168
(n) Doxycycline in a fifty milligram or one hundred 170
milligram dosage; 171
(o) Erythromycin in a two hundred fifty milligram, three 173
hundred and thirty-three milligram, or five hundred milligram 174
dosage; 175
(p) Penicillin VK in a two hundred fifty milligram or five 177
hundred milligram dosage; 178
(q) Tetracycline in a two hundred fifty milligram or five 180
hundred milligram dosage. 181
(3) Any other oral dosage of a drug or dangerous drug that 183
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is listed by rule adopted by the state board of optometry under 184
section 4725.04 4725.09 of the Revised Code. 185
(D) "DRUG" AND "DANGEROUS DRUG" HAVE THE SAME MEANINGS AS 187
IN SECTION 4729.01 OF THE REVISED CODE. 188
(E) "Invasive procedure" means any procedure that involves 190
cutting or otherwise infiltrating human tissue by mechanical 191
means including surgery, laser surgery, ionizing radiation, 192
therapeutic ultrasound, administering medication by injection, or 193
the removal of intraocular foreign bodies. 194
(E)(F) "Visual system" means the human eye and its 196
accessory or subordinate anatomical parts. 197
(F)(G) "Certificate of licensure" means a certificate 199
issued by the state board of optometry under section 4725.09 of 200
the Revised Code authorizing the holder to practice optometry as 201
provided in division (A)(1) of this section. 202
(G)(H) "Topical ocular pharmaceutical agents certificate" 204
means a certificate issued by the state board of optometry under 205
section 4725.09 of the Revised Code authorizing the holder to 206
practice optometry as provided in division (A)(2) of this 207
section. 208
(H)(I) "Therapeutic pharmaceutical agents certificate" 210
means a certificate issued by the state board of optometry under 211
division (A)(3) or (4) of section 4725.09 4725.13 of the Revised 213
Code authorizing the holder to practice optometry as provided in 214
division (A)(3) of this section. 215
Sec. 4725.02. (A) No EXCEPT AS PROVIDED IN SECTION 224
4725.26 OF THE REVISED CODE, NO person shall engage in the 225
practice of optometry or hold himself out as a practitioner of 226
optometry, or attempt to determine, INCLUDING THE DETERMINATION 228
OF the kind of glasses PROCEDURE, TREATMENT, OR OPTICAL 229
ACCESSORIES needed by any A person, or hold himself out as a 231
licensed optometrist when not so licensed, or hold himself out as 233
able to examine THE EXAMINATION OF the eyes of any person for the 235
purpose of fitting the same with glasses, excepting those 236
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exempted under section 4725.14 of the Revised Code OPTICAL 237
ACCESSORIES, unless he has first fulfilled the requirements of 239
sections 4725.01 to 4725.21 of the Revised Code, and has received 240
THE PERSON HOLDS a CURRENT, VALID certificate of licensure from 242
the state board of optometry. No person shall represent that he 243
is CLAIM TO BE the lawful holder of a certificate of licensure 245
such as is provided for in those sections, when in fact he THE 246
PERSON is not such lawful holder, or impersonate any licensed 249
practitioner of optometry OPTOMETRIST.
(B) No optometrist shall administer topical ocular 251
pharmaceutical agents unless he THE OPTOMETRIST holds a valid 252
topical ocular pharmaceutical agents certificate or therapeutic 254
pharmaceutical agents certificate and fulfills the other 255
requirements of this chapter. 256
(C) No optometrist shall practice optometry as described 258
in division (A)(3) of section 4725.01 of the Revised Code unless 259
he THE OPTOMETRIST holds a valid therapeutic pharmaceutical 260
agents certificate. 261
(D)(1) As used in this division, "dispense" has the same 263
meaning as in section 3719.01 of the Revised Code. 264
(2) No optometrist shall dispense PERSONALLY FURNISH a 266
therapeutic pharmaceutical agent to any person, except that a 268
licensed optometrist who holds a therapeutic pharmaceutical 269
agents certificate may dispense PERSONALLY FURNISH a therapeutic 270
pharmaceutical agent to a patient if no charge is imposed for the 272
therapeutic pharmaceutical agent or for dispensing FURNISHING it 273
and the amount dispensed does not exceed a seventy-two hour 275
supply, except that if the minimum available quantity for 276
dispensing OF THE AGENT is greater than a seventy-two hour 278
supply, the optometrist may dispense FURNISH the minimum 280
available quantity.
(E)(1) As used in this division: 282
(a) "Regional advertisement" means an advertisement 284
published in more than one standard metropolitan statistical area 285
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in this state or broadcast by radio or television stations in 286
more than one standard metropolitan statistical area in this 287
state. 288
(b) "National advertisement" means an advertisement 290
published in one or more periodicals or broadcast by one or more 291
radio or television stations in this state and also published in 292
one or more periodicals or broadcast by one or more radio or 293
television stations in another state. 294
(2) The board shall not require any person that sells 296
optical goods at more than one location to list in any regional 297
or national advertisement the name of the licensed optometrist 298
practicing at a specific location, provided that in addition to 299
the requirement in division (B) of section 4725.09 of the Revised 300
Code, the name of the optometrist is prominently displayed at 301
such location. 302
Sec. 4725.03. The governor, with the advice and consent of 311
the senate, shall appoint a state board of optometry consisting 312
of six nonmedical citizens RESIDENTS of this state, five of whom 313
shall be persons actually engaged in the practice of optometry 315
for five years preceding appointment and one of whom shall be a 316
member of the public at least sixty years of age. Terms of 317
office shall be five years, commencing on the twenty-sixth day of 318
September and ending on the twenty-fifth day of September. Each 319
member shall hold office from the date of his appointment until 320
the end of the term for which he was appointed. Any member 321
appointed to fill a vacancy occurring prior to the expiration of 322
the term for which his THE MEMBER'S predecessor was appointed 323
shall hold office for the remainder of such THE term. Any A 325
member shall continue in office subsequent to the expiration date 327
of his THE MEMBER'S term until his THE MEMBER'S successor takes 328
office, or until a period of sixty days has elapsed, whichever 329
occurs first. NO 330
No person so appointed shall serve AS A MEMBER FOR more 332
than two terms. 333
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Sec. 4725.04. The state board of optometry shall organize 342
by the election of a president and a secretary from its members, 343
who shall hold their respective offices for one year. 344
It THE BOARD shall hold regular meetings for examination TO 347
PERFORM ITS REGULAR DUTIES at least twice FOUR TIMES each year, 348
and additional meetings at such times and places as it 350
determines. At least one meeting OF THE BOARD'S REGULAR MEETINGS 351
shall be held in Columbus. The BOARD MAY HOLD ADDITIONAL 352
MEETINGS AS IT CONSIDERS NECESSARY. THE time and place of any 353
examination REGULAR OR OTHER MEETING shall be fixed and published 355
by the board at least sixty THIRTY days prior to the date that it 357
is to be held, EXCEPT WHEN THE MEETING TO BE HELD IS AN EMERGENCY 358
OR SPECIAL MEETING, IN WHICH CASE THE BOARD SHALL GIVE
TWENTY-FOUR HOURS' NOTICE OR AS MUCH NOTICE AS POSSIBLE UNDER THE 359
CIRCUMSTANCES.
A majority of the board constitutes a quorum, but a lesser 361
number may adjourn from time to time. 362
The board shall make rules governing the practice of 364
optometry and such other rules as are necessary to carry out 365
sections 4725.01 to 4725.21 of the Revised Code. Concurrence of 366
a majority of the members of the board is required to grant or to 367
revoke a license. 368
In accordance with Chapter 119. of the Revised Code, the 370
board, in consultation with the state board of pharmacy, shall 371
adopt a rule specifying oral dosages of drugs or dangerous drugs 372
that are therapeutic pharmaceutical agents under division (C)(3) 373
of section 4725.01 of the Revised Code. 374
Sec. 4725.05. THE STATE BOARD OF OPTOMETRY SHALL EMPLOY AN 383
EXECUTIVE DIRECTOR. Before entering upon the discharge of the 384
OFFICIAL duties of his office, the secretary of the state board 386
of optometry EXECUTIVE DIRECTOR shall give a bond, to be approved 387
by the board, in the sum of two thousand dollars conditioned for 389
the faithful discharge of the duties of his THE office. The 390
premium for such bond shall be paid as are other expenditures of 392
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the board. Such THE bond, with the approval of the board and 394
oath of office indorsed thereon, shall be deposited with the 395
secretary of state and kept in his THE SECRETARY OF STATE'S 396
office.
The board may employ such assistants, inspectors, 398
investigators, and clerical help as are necessary to administer 399
and enforce sections 4725.01 to 4725.21 4725.34 of the Revised 400
Code, the expenses thereof to be charged and paid as other 402
expenditures of the board. 403
All receipts of the state board of optometry, from any 405
source, shall be deposited in the state treasury to the credit of 406
the occupational licensing and regulatory fund. 407
Sec. 4725.06. Each member of the state board of optometry 416
shall receive an amount fixed pursuant to division (J) of section 417
124.15 of the Revised Code for each day actually employed in the 418
discharge of the official duties of the member, and the necessary 419
expenses of the member.
The secretary EXECUTIVE DIRECTOR of the board shall receive 421
reimbursement for necessary expenses incurred by the secretary in 423
the discharge of the secretary's EXECUTIVE DIRECTOR'S official 424
duties. 425
All vouchers of the board shall be approved by the board 427
president or executive secretary DIRECTOR, or both, as authorized 429
by the board.
Sec. 4725.07. The state board of optometry shall adopt a 438
seal and certificate of suitable design and shall keep a record 439
of its proceedings, a register of persons who have received 440
certificates of licensure, a register of licensed optometrists 441
who have received topical ocular pharmaceutical agents 442
certificates, a register of licensed optometrists who have 443
received therapeutic pharmaceutical agents certificates, and a 444
register of licenses and PERSONS WHO HAVE BEEN SUBJECT TO THE 445
BOARD'S REVOCATION OF ANY OF THOSE certificates it revokes. 446
The board shall have an office at IN Columbus, where 448
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examinations may be held and where all its permanent records 449
shall be kept. The board may make requisition upon the proper 450
state officials for office rooms and supplies, including 451
stationery and furniture. All printing and binding necessary for 452
the work of the board shall be done upon an order issued by the 453
board through its president and secretary EXECUTIVE DIRECTOR to 454
the department of administrative services. 456
The EXCEPT AS PROVIDED IN DIVISION (C) OF SECTION 4725.22 458
AND DIVISION (D) OF SECTION 4725.23 OF THE REVISED CODE, THE 459
records of the board, INCLUDING ITS REGISTERS, shall be open to 460
public inspection at all reasonable times, and it shall keep on 462
file all examination papers for a period of ninety days after 463
each examination. A transcript COPY of an entry in such records, 464
certified by the secretary EXECUTIVE DIRECTOR under the seal of 466
the board, shall be prima-facie evidence of the facts therein 468
stated.
The board annually, on or before the first day of February, 470
shall make a report to the governor of all its official acts 471
during the preceding year, its receipts and disbursements, and a 472
complete report of the conditions of optometry in this state. 473
Sec. 4725.08. IN THE ABSENCE OF FRAUD OR BAD FAITH, THE 476
STATE BOARD OF OPTOMETRY, A CURRENT OR FORMER BOARD MEMBER, AN
AGENT OF THE BOARD, A PERSON FORMALLY REQUESTED BY THE BOARD TO 479
BE THE BOARD'S REPRESENTATIVE, OR AN EMPLOYEE OF THE BOARD SHALL 481
NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON AS THE RESULT OF ANY 483
ACT, OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO 484
OFFICIAL DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO SECTIONS 485
4725.01 TO 4725.34 OF THE REVISED CODE. IF ANY SUCH PERSON ASKS 486
TO BE DEFENDED BY THE STATE AGAINST ANY CLAIM OR ACTION ARISING 488
OUT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR DECISION 489
RELATED TO THE PERSON'S OFFICIAL DUTIES, AND IF THE REQUEST IS 490
MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL AND THE PERSON 491
REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE DEFENSE OF THE 492
CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY FOR THE PERSON'S 493
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DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT, COMPROMISE, OR 494
SETTLEMENT. AT NO TIME SHALL THE STATE PAY ANY PART OF A CLAIM 495
OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY DAMAGES. 496
Sec. 4725.09. (A) THE STATE BOARD OF OPTOMETRY SHALL 498
ADOPT RULES AS IT CONSIDERS NECESSARY TO GOVERN THE PRACTICE OF 499
OPTOMETRY AND TO ADMINISTER AND ENFORCE SECTIONS 4725.01 TO 500
4725.34 OF THE REVISED CODE. ALL RULES ADOPTED UNDER SECTIONS 502
4725.01 TO 4725.34 OF THE REVISED CODE SHALL BE ADOPTED IN 503
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 504
(B) THE BOARD, IN CONSULTATION WITH THE STATE BOARD OF 506
PHARMACY, SHALL ADOPT RULES SPECIFYING ORAL DOSAGES OF DRUGS OR 507
DANGEROUS DRUGS THAT ARE THERAPEUTIC PHARMACEUTICAL AGENTS UNDER 508
DIVISION (C)(3) OF SECTION 4725.01 OF THE REVISED CODE. 510
Sec. 4725.10. (A) THE STATE BOARD OF OPTOMETRY SHALL 515
EVALUATE SCHOOLS OF OPTOMETRY AND GRANT ITS APPROVAL TO SCHOOLS 516
THAT ADEQUATELY PREPARE THEIR GRADUATES FOR THE PRACTICE OF 517
OPTOMETRY IN THIS STATE. APPROVAL SHALL BE GRANTED ONLY BY AN 518
AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS OF THE BOARD. 519
(B) TO BE APPROVED BY THE BOARD, A SCHOOL OF OPTOMETRY 523
SHALL MEET AT LEAST THE FOLLOWING CONDITIONS: 524
(1) BE ACCREDITED BY A PROFESSIONAL OPTOMETRIC ACCREDITING 526
AGENCY RECOGNIZED BY THE BOARD; 527
(2) REQUIRE AS A PREREQUISITE TO ADMISSION TO THE SCHOOL'S 529
COURSES IN OPTOMETRY AT LEAST TWO ACADEMIC YEARS OF STUDY WITH 531
CREDITS OF AT LEAST SIXTY SEMESTER HOURS OR NINETY QUARTER HOURS 532
IN A COLLEGE OF ARTS AND SCIENCES ACCREDITED BY A POST-SECONDARY 534
EDUCATION ACCREDITING ORGANIZATION RECOGNIZED BY THE BOARD; 535
(3) REQUIRE A COURSE OF STUDY OF AT LEAST FOUR ACADEMIC 537
YEARS WITH CREDITS OF AT LEAST ONE HUNDRED THIRTY-FOUR SEMESTER 538
HOURS OR TWO HUNDRED QUARTER HOURS. 539
(C) THE BOARD MAY ESTABLISH STANDARDS FOR THE APPROVAL OF 542
SCHOOLS OF OPTOMETRY THAT ARE HIGHER THAN THE STANDARDS SPECIFIED 543
IN DIVISION (B) OF THIS SECTION. 544
Sec. 4725.11. (A) THE STATE BOARD OF OPTOMETRY SHALL 546
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ACCEPT AS THE EXAMINATION THAT MUST BE PASSED TO RECEIVE A 547
LICENSE TO PRACTICE OPTOMETRY IN THIS STATE THE EXAMINATION 548
PREPARED, ADMINISTERED, AND GRADED BY THE NATIONAL BOARD OF 549
EXAMINERS IN OPTOMETRY OR AN EXAMINATION PREPARED, ADMINISTERED, 550
AND GRADED BY ANOTHER PROFESSIONAL TESTING ORGANIZATION 551
RECOGNIZED BY THE BOARD AS BEING QUALIFIED TO EXAMINE APPLICANTS 552
FOR LICENSES TO PRACTICE OPTOMETRY IN THIS STATE. THE BOARD 553
SHALL PERIODICALLY REVIEW ITS ACCEPTANCE OF AN EXAMINATION UNDER 554
THIS SECTION TO DETERMINE IF THE EXAMINATION AND THE ORGANIZATION 556
OFFERING IT CONTINUE TO MEET STANDARDS THE BOARD CONSIDERS 557
APPROPRIATE.
(B) TO BE ACCEPTED BY THE BOARD, AN EXAMINATION MAY BE 559
DIVIDED INTO PARTS AND OFFERED AS FOLLOWS: 560
(1) PART ONE: TESTS IN BASIC SCIENCE, HUMAN BIOLOGY, 563
OCULAR AND VISUAL BIOLOGY, THEORETICAL OPHTHALMIC, PHYSIOLOGICAL 564
OPTICS, AND PHYSIOLOGICAL PSYCHOLOGY; 565
(2) PART TWO: TESTS IN CLINICAL SCIENCE, SYSTEMIC 568
CONDITIONS, THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE, 569
REFRACTIVE OCULOMOTOR, SENSORY INTEGRATIVE CONDITIONS, PERCEPTUAL 570
CONDITIONS, PUBLIC HEALTH, THE LEGAL ISSUES REGARDING THE 571
CLINICAL PRACTICE OF OPTOMETRY, AND PHARMACOLOGY; 572
(3) PART THREE: TESTS IN PATIENT CARE AND MANAGEMENT, 575
CLINICAL SKILLS, AND THE VISUAL RECOGNITION AND INTERPRETATION OF 576
CLINICAL SIGNS.
(C) THE EXAMINATION ACCEPTED BY THE BOARD UNDER THIS 578
SECTION MAY BE OFFERED IN A MANNER OTHER THAN THE MANNER 579
SPECIFIED IN DIVISION (B) OF THIS SECTION, BUT IF OFFERED IN 581
ANOTHER MANNER, THE EXAMINATION MUST TEST THE PERSON SITTING FOR 582
THE EXAMINATION IN THE AREAS SPECIFIED IN DIVISION (B) OF THIS 583
SECTION AND MAY TEST THE PERSON IN OTHER AREAS.
THE BOARD MAY REQUIRE AS A CONDITION OF ITS ACCEPTANCE OF 585
AN EXAMINATION THAT THE EXAMINATION COVER SUBJECT MATTERS IN 586
ADDITION TO THOSE SPECIFIED IN DIVISION (B) OF THIS SECTION, IF 588
THE SCHOOLS OF OPTOMETRY IT APPROVES UNDER SECTION 4725.10 OF THE 589
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REVISED CODE INCLUDE THE ADDITIONAL SUBJECT MATTERS IN THEIR 590
PRESCRIBED CURRICULUM.
(D) THE BOARD SHALL ACCEPT DIRECT DELIVERY OF THE RESULTS 593
OF THE LICENSING EXAMINATION FROM THE TESTING ORGANIZATION 594
ADMINISTERING THE EXAMINATION. THE RESULTS SHALL BE KEPT AS A 595
PERMANENT PART OF THE BOARD'S RECORDS MAINTAINED PURSUANT TO 596
SECTION 4725.07 OF THE REVISED CODE.
(E) ON REQUEST OF ANY PERSON SEEKING TO PRACTICE OPTOMETRY 599
IN THIS STATE, THE BOARD SHALL PROVIDE INFORMATION ON THE 600
EXAMINATION ACCEPTED BY THE BOARD UNDER THIS SECTION, INCLUDING 601
REQUIREMENTS THAT MUST BE MET TO BE ELIGIBLE TO SIT FOR THE 602
EXAMINATION AND THE DATES THE EXAMINATION IS OFFERED.
Sec. 4725.08 4725.12. (A) Each person who desires to 611
commence the practice of optometry IN THE STATE shall file with 613
the secretary EXECUTIVE DIRECTOR of the state board of optometry 615
a written application for the licensing examination. 616
Each A CERTIFICATE OF LICENSURE AND A THERAPEUTIC 618
PHARMACEUTICAL AGENTS CERTIFICATE. THE application for the 619
licensing examination shall be accompanied by the fee required 621
FEES SPECIFIED under section 4725.10 4725.34 of the Revised Code 623
and shall be filed with the secretary not more than sixty nor 624
less than thirty days prior to the day of any meeting at which 625
the applicable examination is to be held.
Each CONTAIN ALL INFORMATION THE BOARD CONSIDERS NECESSARY 627
TO DETERMINE WHETHER AN APPLICANT IS QUALIFIED TO RECEIVE THE 628
CERTIFICATES. THE application for the licensing examination 629
shall be MADE upon the form prescribed by the board and shall be 630
verified by the oath of the applicant. In addition, it shall 631
contain information and evidence satisfactory to the board 632
showing the eligibility of the applicant to take the examination. 633
(B) No person is eligible to take the licensing 635
examination unless he is TO RECEIVE A CERTIFICATE OF LICENSURE 636
AND A THERAPEUTIC PHARMACEUTICAL AGENTS CERTIFICATE, AN APPLICANT 637
MUST MEET ALL OF THE FOLLOWING CONDITIONS: 638
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(1) BE at least eighteen years of age,; 641
(2) BE of good moral character, has; 644
(3) COMPLETE satisfactorily completed a course of study of 647
at least six college years, and has graduated;
(4) GRADUATE from a school of optometry accredited 650
APPROVED by the board UNDER SECTION 4725.10 OF THE REVISED CODE; 651
provided that the school of optometry requires at least two 652
academic years of study with credits of at least sixty semester 653
hours or ninety quarter hours in a college of arts and sciences 654
accredited by the association of American universities or the 655
north central association of colleges and secondary schools or a 656
similar regional accrediting agency as a prerequisite to 657
admission to the courses in optometry; and additionally provided 658
that the school of optometry requires a course of study of at 659
least four academic years with credits of at least one hundred 660
thirty-four semester hours or two hundred quarter hours. No 661
school of optometry shall be accredited unless it is accredited 662
by the established professional optometric accrediting agency, 663
and no school of optometry shall be accredited except by an 664
affirmative vote of a majority of the members of the board. The 665
board may require higher standards for the accrediting of the 666
schools of optometry.
The (5) PASS A licensing examination shall consist of two 669
parts ACCEPTED BY THE BOARD UNDER SECTION 4725.11 OF THE REVISED 670
CODE. Part one of the examination shall consist of tests in 671
practical, theoretical, and physiological optics, in theoretical 672
and practical optometry, in the anatomy and physiology of the 673
eye, in pathology, and in the optometric aspects of whatever 674
additional related social, physical, and biological sciences are 675
determined by the board to be appropriate subject matters for 676
examination, provided that the schools and colleges approved by 677
the board include such subject matters in the prescribed 678
curriculum. Part two of the examination shall be a pharmacology 679
examination and shall test the applicant's knowledge derived from 680
15
the course of study prescribed under division (C) of this 681
section.
The licensing examination shall be prepared, administered, 683
and graded by the national board of examiners in optometry or a 684
professionally qualified testing organization recognized by the 685
state board of optometry. 686
(C) The state board of optometry shall prescribe by rule 688
an eighty-seven clock-hour course of study and training to be 689
completed at an institution accredited by a regional or 690
professional accreditation organization that is recognized or 691
approved by the council on post-secondary accreditation or the 692
United States department of education or its successor. The 693
course of study and training shall include, but is not limited 694
to, instruction in general and ocular pharmacology, including the 695
nature of adverse reactions caused by pharmaceutical agents and 696
emergency steps to be taken in such cases; signs, symptoms, and 697
treatment of ocular disease, injury, or abnormality; ocular signs 698
and symptoms of systemic disease; appropriate criteria for 699
referrals to physicians; and cardiopulmonary resuscitation. 700
(D) No person shall be permitted by the board to take more 702
than four licensing examinations. 703
Sec. 4725.09 4725.13. (A) The state board of optometry, 713
BY AN AFFIRMATIVE VOTE OF A MAJORITY OF ITS MEMBERS, shall issue 715
certificates under its seal as provided in this division FOLLOWS: 716
(1) Every applicant who, prior to the effective date of 718
this amendment MAY 19, 1992, passed the licensing examination 720
then in effect, and who otherwise complies with sections 4725.01 721
to 4725.21 4725.34 of the Revised Code shall receive from the 722
board a certificate of licensure authorizing him THE HOLDER to 724
engage in the practice of optometry as provided in division 726
(A)(1) of section 4725.01 of the Revised Code. 727
(2) Every applicant who, prior to the effective date of 729
this amendment MAY 19, 1992, passed the general and ocular 731
pharmacology examination then in effect, and who otherwise 732
16
complies with sections 4725.01 to 4725.21 4725.34 of the Revised 734
Code, shall receive from the board a separate topical ocular 735
pharmaceutical agents certificate authorizing him THE HOLDER to 737
administer topical ocular pharmaceutical agents as provided in 738
division (A)(2) of section 4725.01 of the Revised Code and in 739
accordance with sections 4725.01 to 4725.21 4725.34 of the 740
Revised Code.
(3) Every applicant who holds a valid certificate of 742
licensure, ISSUED PRIOR TO MAY 19, 1992, AND meets the 744
requirements of section 4725.091 4725.14 of the Revised Code, and 745
passes part two of the licensing examination shall receive from 746
the board a separate therapeutic pharmaceutical agents 747
certificate authorizing him THE HOLDER to engage in the practice 749
of optometry as provided in division (A)(3) of section 4725.01 of 750
the Revised Code.
(4) Every applicant who, ON OR AFTER MAY 19, 1992, passes 753
ALL parts one and two of the A licensing examination ACCEPTED BY 754
THE BOARD UNDER SECTION 4725.11 OF THE REVISED CODE and otherwise 755
complies with the requirements of sections 4725.01 to 4725.21 756
4725.34 of the Revised Code shall receive from the board a 758
certificate of licensure authorizing him THE HOLDER to engage in 759
the practice of optometry as provided in division (A)(1) of 761
section 4725.01 of the Revised Code and a separate therapeutic 762
pharmaceutical agents certificate authorizing him THE HOLDER to 763
engage in the practice of optometry as provided in division 765
(A)(3) of that section.
(B) Each certificate of licensure, each topical ocular 767
pharmaceutical agents certificate, and each therapeutic 768
pharmaceutical agents certificate shall be registered by the 769
secretary of the board in accordance with section 4725.07 of the 770
Revised Code. The register shall be open to public inspection 771
and a certified copy of that record shall be received as 772
prima-facie evidence in all courts in the trial of any case. 773
Each person to whom a certificate is issued by the board shall 774
17
keep the certificate displayed in a conspicuous place in the 775
location at which that person practices optometry and shall 776
whenever required exhibit the certificate to any member or agent 777
of the board. IF AN OPTOMETRIST 778
(C) Peddling from door to door, or the establishment of 780
temporary offices, is specifically forbidden under penalty of 781
revocation of the certificate of licensure. If any person 782
practices optometry outside of or away from the location at which 783
his THE OPTOMETRIST'S certificate of licensure is displayed, he 785
THE OPTOMETRIST shall deliver to each person, examined or fitted 786
with glasses OPTICAL ACCESSORIES by him THE OPTOMETRIST, a 788
certificate RECEIPT signed by him THE OPTOMETRIST in which he THE 790
OPTOMETRIST shall set forth the amounts charged, his THE 792
OPTOMETRIST'S post-office address, and the number of his ASSIGNED 793
TO THE OPTOMETRIST'S certificate of licensure. THE INFORMATION 794
MAY BE PROVIDED AS PART OF A PRESCRIPTION GIVEN TO THE PERSON. 795
Each person to whom any certificate has been issued by the 797
board under division (A) of this section, before practicing as 798
authorized by the certificate, shall register it in the office of 799
the clerk of the court of common pleas in each county in which he 800
proposes to practice and shall pay such fee as may be chargeable. 801
The clerk shall keep a certificate registration book in which he 802
promptly shall register each certificate for which the fee is 803
paid. Any failure, neglect, or refusal to register a certificate 804
for a period of ninety days after its issuance or from the date 805
of removal of the holder's practice to a county other than the 806
one in which the certificate is registered shall automatically 807
work the suspension of the certificate, and it shall not be 808
restored except upon written application, together with the 809
payment of a fee of twenty-five dollars, to the board. (C) A 811
PERSON WHO, ON MAY 19, 1992, HOLDS A VALID CERTIFICATE OF 813
LICENSURE OR TOPICAL OCULAR PHARMACEUTICAL AGENTS CERTIFICATE 814
ISSUED BY THE BOARD MAY CONTINUE TO ENGAGE IN THE PRACTICE OF 816
OPTOMETRY AS PROVIDED BY THE CERTIFICATE OF LICENSURE OR TOPICAL 817
18
OCULAR PHARMACEUTICAL AGENTS CERTIFICATE IF THE PERSON CONTINUES 818
TO COMPLY WITH SECTIONS 4725.01 TO 4725.34 OF THE REVISED CODE AS 819
REQUIRED BY THE CERTIFICATE OF LICENSURE OR TOPICAL OCULAR 820
PHARMACEUTICAL AGENTS CERTIFICATE.
Sec. 4725.091 4725.14. (A) A person who, on the effective 829
date of this section, holds a valid certificate of licensure or 833
topical ocular pharmaceutical agents certificate issued by the
state board of optometry may continue to engage in the practice 834
of optometry as provided by the certificate of licensure or 835
topical ocular pharmaceutical agents certificate provided he 836
continues to comply with sections 4725.01 to 4725.21 of the 837
Revised Code as required by his certificate of licensure or 838
topical ocular pharmaceutical agents certificate. 839
(B) The board shall issue a therapeutic pharmaceutical 841
agents certificate under division (A)(3) of section 4725.09 of 842
the Revised Code to any optometrist who holds a certificate of 843
licensure issued by the board and meets the requirements of 844
divisions (C) and (E) of this section not later than five years 845
after the effective date of this section. 846
(C)(1) A licensed THE FOLLOWING APPLY TO AN optometrist 848
LICENSED ON OR BEFORE MAY 19, 1992, WHO IS seeking a therapeutic 850
pharmaceutical agents certificate under division (A)(3) of 851
section 4725.09 4725.13 of the Revised Code who: 852
(1) IF THE OPTOMETRIST does not hold a valid topical 855
ocular pharmaceutical agents certificate, THE OPTOMETRIST shall 856
complete the course of study in general and ocular pharmacology 857
prescribed by the board under division (C)(B)(1) of THIS section 858
4725.08 of the Revised Code, A THREE CLOCK-HOUR COURSE IN 860
CARDIOPULMONARY RESUSCITATION, and pass part two THE PORTION of 861
the optometry licensing examination administered ACCEPTED by the 863
board under section 4725.08 4725.11 of the Revised Code THAT 865
PERTAINS TO THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE.
(2) A licensed IF THE optometrist seeking a therapeutic 867
pharmaceutical agents certificate issued under division (A)(3) of 868
19
section 4725.09 of the Revised Code who holds a valid topical 869
ocular pharmaceutical agents certificate, THE OPTOMETRIST shall 870
complete a thirty clock-hour THE course of study in general and 872
ocular pharmacology in accordance with PRESCRIBED UNDER division 874
(D) of this section and pass part two THE PORTION of the 876
optometry licensing examination administered ACCEPTED by the
board under section 4725.08 4725.11 of the Revised Code THAT 878
PERTAINS TO THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE. 879
(D)(B) The board shall prescribe by rule the course 881
FOLLOWING COURSES of study provided for by division (C)(2) of 883
this section. The:
(1) AN EIGHTY-SEVEN CLOCK-HOUR COURSE OF STUDY AND 885
TRAINING TO BE COMPLETED AT AN INSTITUTION ACCREDITED BY A 886
POST-SECONDARY EDUCATION ACCREDITING ORGANIZATION RECOGNIZED BY 887
THE BOARD. THE COURSE OF STUDY AND TRAINING SHALL INCLUDE 888
INSTRUCTION IN AT LEAST THE FOLLOWING: 889
(a) GENERAL AND OCULAR PHARMACOLOGY, INCLUDING THE NATURE 892
OF ADVERSE REACTIONS CAUSED BY PHARMACEUTICAL AGENTS AND
EMERGENCY STEPS TO BE TAKEN IN SUCH CASES; 893
(b) SIGNS, SYMPTOMS, AND TREATMENT OF OCULAR DISEASE, 896
INJURY, OR ABNORMALITY;
(c) OCULAR SIGNS AND SYMPTOMS OF SYSTEMIC DISEASE; 899
(d) APPROPRIATE CRITERIA FOR REFERRALS TO PHYSICIANS; 902
(2) A THIRTY CLOCK-HOUR course of study shall emphasize 905
AND TRAINING THAT EMPHASIZES the treatment of ocular disease and 906
shall TO be completed at an institution accredited by a regional 907
or professional POST-SECONDARY EDUCATION accreditation 908
organization that is recognized or approved by the council on 910
post-secondary accreditation or the United States department of 911
education or its successor BY THE BOARD. 912
(E) An optometrist who has completed the appropriate 914
course of study under divisions (C) and (D) of this section may 915
apply to the board to take part two of the licensing examination. 916
Each application shall be on the form prescribed by the board and 917
20
shall be verified by the oath of the applicant. It shall contain 918
information and evidence satisfactory to the board showing the 919
eligibility of the applicant to take part two of the examination 920
and shall be accompanied by the fee required by section 4725.10 921
of the Revised Code. In addition to the examination dates the 922
board sets for applicants under division (A)(4) of section 923
4725.09 of the Revised Code, the board shall set dates on which 924
part two of the examination may be taken by applicants under 925
division (A)(3) of that section. No optometrist shall be 926
permitted by the board to take part two of the examination more 927
than four times. 928
Sec. 4725.15. IF THE STATE BOARD OF OPTOMETRY RECEIVES 930
NOTICE UNDER DIVISION (D) OF SECTION 4725.11 OF THE REVISED CODE 932
THAT AN APPLICANT HAS FAILED FOUR TIMES THE EXAMINATION THAT MUST 933
BE PASSED PURSUANT TO SECTIONS 4725.12 AND 4725.14 OF THE REVISED 934
CODE, THE BOARD SHALL NOT GIVE FURTHER CONSIDERATION TO THE 935
APPLICATION UNTIL THE APPLICANT COMPLETES THIRTY HOURS OF 936
REMEDIAL TRAINING APPROVED BY THE BOARD IN THE SPECIFIC SUBJECT 937
AREA OR AREAS COVERED BY THE EXAMINATION THAT WAS FAILED. 938
Sec. 4725.10 4725.16. (A) The EACH CERTIFICATE OF 948
LICENSURE, TOPICAL OCULAR PHARMACEUTICAL AGENTS CERTIFICATE, AND 949
THERAPEUTIC PHARMACEUTICAL AGENTS CERTIFICATE ISSUED BY THE state 951
board of optometry shall charge one hundred ten dollars for each 952
registration and licensing examination. For a licensed 953
optometrist taking only part two of the examination, the board 954
shall charge thirty-five dollars EXPIRE ANNUALLY ON THE LAST DAY 956
OF DECEMBER, AND MAY BE RENEWED IN ACCORDANCE WITH THE SECTION 957
AND THE STANDARD RENEWAL PROCEDURE ESTABLISHED UNDER CHAPTER 958
4745. OF THE REVISED CODE. 959
(B) All licensed optometrists shall be required annually 961
to accomplish a COMPLETE continuing education program in subjects 963
relating to the practice of the profession of optometry, to the 964
end that the utilization and application of new techniques, 965
scientific and clinical advances, and the achievements of 966
21
research will assure comprehensive care to the public. The board 967
shall prescribe by rule a THE continuing OPTOMETRIC education 968
program for THAT licensed optometrists to meet this requirement 970
MUST COMPLETE. The length of study shall be determined by the 972
board but shall be not less than six nor more than twenty-five 973
clock hours during the twelve months ending on the last day of 974
September EACH YEAR, except that the board shall prescribe an 975
additional three FIVE clock hours of instruction in pharmacology 976
to be completed by optometrists who hold topical ocular 978
pharmaceutical agents certificates or therapeutic pharmaceutical 979
agents certificates. At 980
UNLESS THE CONTINUING EDUCATION REQUIRED UNDER THIS 982
DIVISION IS WAIVED OR DEFERRED UNDER DIVISION (D) OF THIS 983
SECTION, THE CONTINUING EDUCATION MUST BE COMPLETED DURING THE 984
TWELVE-MONTH PERIOD BEGINNING ON THE FIRST DAY OF OCTOBER AND 986
ENDING ON THE LAST DAY OF SEPTEMBER. IF THE BOARD RECEIVES 987
NOTICE FROM A CONTINUING EDUCATION PROGRAM INDICATING THAT AN 988
OPTOMETRIST COMPLETED THE PROGRAM AFTER THE LAST DAY OF 989
SEPTEMBER, AND THE OPTOMETRIST WANTS TO USE THE CONTINUING
EDUCATION COMPLETED AFTER THAT DAY TO RENEW THE LICENSE THAT 990
EXPIRES ON THE LAST DAY OF DECEMBER OF THAT YEAR, THE OPTOMETRIST 992
SHALL PAY THE PENALTY SPECIFIED UNDER SECTION 4725.34 OF THE 993
REVISED CODE FOR LATE COMPLETION OF CONTINUING EDUCATION. 994
AT least once annually, the board shall mail to each 997
licensed optometrist a list of courses approved in accordance 998
with standards prescribed by board rule. Upon the request of a 999
licensed optometrist, the secretary EXECUTIVE DIRECTOR of the 1,000
board shall supply a list of additional courses which THAT the 1,001
board has approved subsequent to the most recent mailing of the 1,003
list of approved courses. 1,004
(C) Annually, by the first day of October NOVEMBER, the 1,007
board shall mail to each licensed optometrist a notice REGARDING 1,008
LICENSE RENEWAL and AN application for approval for LICENSE 1,010
renewal of his certificate of licensure. The application shall 1,012
22
be in such form and require such pertinent professional 1,013
biographical data as the board may require; except that it shall 1,014
include evidence of compliance with. FILING OF THE APPLICATION 1,015
WITH THE BOARD SHALL SERVE AS NOTICE BY THE OPTOMETRIST THAT the 1,016
continuing OPTOMETRIC education requirement set forth in this 1,017
division and prescribed by board rule HAS BEEN SUCCESSFULLY 1,019
COMPLETED. The licensee shall complete the application and 1,020
return it to the board by the twentieth day of October. 1,021
If the board finds that the optometrist has not been 1,023
licensed or that such licensure has been revoked or placed under 1,024
suspension, or that he has not accomplished COMPLETED the 1,025
prescribed requirement of REQUIRED continuing optometric 1,027
education, the board shall disapprove his THE OPTOMETRIST'S 1,029
application except when an application for reinstatement has been 1,031
approved under this section. All other applications shall be 1,032
approved. An THE BOARD SHALL REFUSE TO ACCEPT AN APPLICATION FOR 1,033
RENEWAL FROM ANY APPLICANT WHOSE LICENSE IS NOT IN GOOD STANDING 1,034
OR WHO IS UNDER DISCIPLINARY REVIEW PURSUANT TO SECTION 4725.19
OF THE REVISED CODE.
THE BOARD'S order of disapproval of application FOR RENEWAL 1,037
shall be effective without a hearing unless a hearing is 1,039
requested pursuant to section 119.06 CHAPTER 119. of the Revised 1,040
Code. An appeal under section 119.12 of the Revised Code from an 1,041
order of disapproval shall operate as a suspension of the order 1,042
and the optometrist's certificate of licensure shall remain in 1,043
effect until adjudication of the appeal. A copy of the order of 1,044
disapproval of application NOTICE OF THE APPLICANT'S FAILURE TO 1,046
QUALIFY FOR RENEWAL shall be served upon the optometrist 1,047
APPLICANT by mailing it to him MAIL, WHICH SHALL BE SENT on or 1,049
before the fifteenth day of November at his TO THE address shown 1,051
in his application THE BOARD'S RECORDS. 1,052
Except as otherwise provided in division (C) of this 1,054
section 1,055
(D) IN CASES OF CERTIFIED ILLNESS OR UNDUE HARDSHIP, the 1,057
23
board may waive or defer for up to twelve months the requirement 1,059
of continuing optometric education in cases of certified illness 1,060
or undue hardship, EXCEPT THAT IN SUCH CASES THE BOARD MAY NOT 1,061
WAIVE OR DEFER THE CONTINUING EDUCATION IN PHARMACOLOGY REQUIRED 1,062
TO BE COMPLETED BY OPTOMETRISTS WHO HOLD TOPICAL OCULAR
PHARMACEUTICAL AGENTS CERTIFICATES OR THERAPEUTIC PHARMACEUTICAL 1,063
AGENTS CERTIFICATES. The board shall waive the requirement of 1,065
continuing optometric education for any optometrist who is 1,066
serving in the armed forces of the United States or who has 1,067
passed his examination for a RECEIVED AN INITIAL certificate of 1,068
licensure during the nine-month period which ended on the last 1,069
day of September.
Every registered (E) AN optometrist who desires to 1,071
continue the practice of optometry and whose application for 1,073
approval for LICENSE renewal has been approved by the board MAY 1,074
RENEW EACH CERTIFICATE HELD BY PAYING THE FEES FOR RENEWAL 1,075
SPECIFIED UNDER SECTION 4725.34 OF THE REVISED CODE. THE 1,076
OPTOMETRIST shall pay, annually THE FEES ON OR before the first 1,078
day of January, to the treasurer of state a renewal registration 1,079
fee of one hundred ten dollars, for which he. ON PAYMENT OF THE 1,080
RENEWAL FEES, THE BOARD shall receive ISSUE a renewal of his THE 1,081
OPTOMETRIST'S certificate of licensure, TOPICAL OCULAR 1,082
PHARMACEUTICAL AGENTS CERTIFICATE, AND THERAPEUTIC PHARMACEUTICAL 1,083
AGENTS CERTIFICATE, AS APPROPRIATE. All certificates of 1,085
licensure shall be renewed according to this section and sections 1,086
4745.01 to 4745.03 of the Revised Code. A
(F) A notice and application for renewal shall be sent to 1,089
every registered LICENSED optometrist who has been approved for 1,090
renewal by the board, whether a resident or not FAILS TO RESPOND 1,092
TO THE NOTICE PROVIDED UNDER DIVISION (C) OF THIS SECTION, at his 1,093
THE OPTOMETRIST'S last address, at least one month in advance of 1,095
the date of expiration, and a. A second notice shall be sent in 1,097
advance of the date of expiration and prior to any forfeiture 1,098
action UNDER DIVISION (G) OF THIS SECTION TO CLASSIFY THE 1,099
24
OPTOMETRIST'S CERTIFICATE OF LICENSURE AS DELINQUENT, to every 1,100
optometrist failing to respond to the first PRECEDING notice. 1,101
The
(G)(1) THE failure of any person who is a regularly 1,104
licensed AN optometrist to be approved APPLY for LICENSE renewal 1,105
by the board or THE FAILURE to pay his THE APPLICABLE annual 1,106
renewal registration fee in advance FEES on or before the last 1,108
day of December of each year, shall automatically work a 1,109
forfeiture of his license THE OPTOMETRIST'S AUTHORITY TO PRACTICE 1,110
OPTOMETRY IN THIS STATE. THE CERTIFICATES ISSUED BY THE BOARD TO 1,111
THE INDIVIDUAL SHALL BE CLASSIFIED IN THE BOARD'S RECORDS AS A
DELINQUENT. 1,112
(2) Any optometrist whose license WHO has been revoked 1,115
under this section shall not be reinstated except upon CLASSIFIED 1,116
AS DELINQUENT MAY SUBMIT A written application to the board, 1,118
submission FOR REINSTATEMENT. FOR REINSTATEMENT TO OCCUR, THE 1,119
APPLICANT MUST MEET ALL OF THE FOLLOWING CONDITIONS:
(a) SUBMIT to the board of evidence of compliance with 1,122
board rules requiring continuing optometric education in a
sufficient number of hours to make up for any delinquent 1,123
compliance, approval for renewal by the board, and payment of; 1,124
(b) PAY all delinquent annual registration RENEWAL fees 1,127
and in addition thereto the sum of seventy-five dollars to cover 1,129
costs of THE PENALTY FOR reinstatement SPECIFIED UNDER SECTION 1,130
4725.34 OF THE REVISED CODE;
(c) PASS ALL OR PART OF THE LICENSING EXAMINATION ACCEPTED 1,133
BY THE BOARD UNDER SECTION 4725.11 OF THE REVISED CODE AS THE 1,134
BOARD CONSIDERS APPROPRIATE TO DETERMINE WHETHER THE APPLICANT'S 1,135
CERTIFICATE OF LICENSURE SHOULD BE REINSTATED; 1,136
(d) IF THE APPLICANT HAS BEEN PRACTICING OPTOMETRY IN 1,138
ANOTHER STATE OR COUNTRY, SUBMIT EVIDENCE OF HOLDING A LICENSE IN 1,140
GOOD STANDING FOR THAT STATE OR COUNTRY.
(3) THE BOARD SHALL ISSUE REINSTATEMENT IF THE CONDITIONS 1,142
SPECIFIED IN DIVISION (G)(2) OF THIS SECTION ARE MET. AN 1,143
25
OPTOMETRIST WHO RECEIVES REINSTATEMENT IS SUBJECT TO THE 1,144
CONTINUING EDUCATION REQUIREMENTS SPECIFIED UNDER DIVISION (B) OF 1,146
THIS SECTION FOR THE YEAR IN WHICH REINSTATEMENT OCCURS. When 1,147
the application for restoration of the license is made, the 1,148
compliance with the continuing optometric education requirement 1,149
is established, the application for approval for renewal is 1,150
approved by the board, and all delinquent registration fees and 1,151
penalties are paid, within three years after the forfeiture, no 1,152
examination shall be required; but no license shall be restored 1,153
on application therefor made more than three years after the 1,154
revocation unless the regular licensing examination for 1,155
applicants is passed. 1,156
(C) At least once annually the board shall mail to each 1,158
licensed optometrist who holds a topical ocular pharmaceutical 1,159
agents certificate or a therapeutic pharmaceutical agents 1,160
certificate a list of pharmacology courses approved in accordance 1,161
with standards prescribed by board rule. Upon the request of a 1,162
licensed optometrist so authorized, the secretary of the board 1,163
shall supply a list of additional courses that the board has 1,164
approved subsequent to the most recent mailing of the list of 1,165
approved courses. The board shall not waive the requirement for 1,166
continuing education in pharmacology. 1,167
The board, under rules adopted in accordance with Chapter 1,169
119. of the Revised Code, shall provide for verification of this 1,170
continuing education requirement; prescribe procedures for 1,171
renewal, suspension, revocation, and reinstatement of topical 1,172
ocular pharmaceutical agents certificates and therapeutic 1,173
pharmaceutical agents certificates; and establish fees for 1,174
renewal and reinstatement of those certificates. 1,175
Sec. 4725.17. (A) AN OPTOMETRIST WHO INTENDS NOT TO 1,177
CONTINUE PRACTICING OPTOMETRY IN THIS STATE DUE TO RETIREMENT OR 1,178
A DECISION TO PRACTICE IN ANOTHER STATE OR COUNTRY MAY APPLY TO 1,179
THE STATE BOARD OF OPTOMETRY TO HAVE THE CERTIFICATES ISSUED TO 1,180
THE OPTOMETRIST PLACED ON INACTIVE STATUS. APPLICATION FOR 1,181
26
INACTIVE STATUS SHALL CONSIST OF A WRITTEN NOTICE TO THE BOARD OF 1,183
THE OPTOMETRIST'S INTENTION TO NO LONGER PRACTICE IN THIS STATE. 1,184
THE BOARD MAY NOT ACCEPT AN APPLICATION SUBMITTED AFTER THE 1,185
APPLICANT'S CERTIFICATE OF LICENSURE AND ANY OTHER CERTIFICATES 1,186
HAVE EXPIRED. THE BOARD SHALL CLASSIFY AN OPTOMETRIST'S 1,187
CERTIFICATES AS INACTIVE ONLY IF THE CERTIFICATES ARE IN GOOD 1,188
STANDING AND THE APPLICANT IS NOT UNDER DISCIPLINARY REVIEW 1,189
PURSUANT TO SECTION 4725.19 OF THE REVISED CODE. 1,190
(B) THE INDIVIDUAL WHOSE CERTIFICATES ARE CLASSIFIED AS 1,192
INACTIVE MAY APPLY TO THE BOARD TO HAVE THEM REINSTATED. FOR 1,193
REINSTATEMENT TO OCCUR, THE APPLICANT MUST MEET ALL OF THE 1,194
FOLLOWING CONDITIONS: 1,195
(1) PAY THE ANNUAL RENEWAL FEES AND THE REINSTATEMENT FEE 1,197
SPECIFIED UNDER SECTION 4725.34 OF THE REVISED CODE; 1,199
(2) PASS ALL OR PART OF THE LICENSING EXAMINATION ACCEPTED 1,201
BY THE BOARD UNDER SECTION 4725.11 OF THE REVISED CODE AS THE 1,203
BOARD CONSIDERS APPROPRIATE TO DETERMINE WHETHER THE APPLICANT'S 1,204
CERTIFICATE OF LICENSURE SHOULD BE REINSTATED;
(3) IF THE APPLICANT HAS BEEN PRACTICING OPTOMETRY IN 1,206
ANOTHER STATE OR COUNTRY, SUBMIT EVIDENCE OF BEING IN THE ACTIVE 1,207
PRACTICE OPTOMETRY IN THE OTHER STATE OR COUNTRY AND PROOF THAT 1,208
THE APPLICANT'S LICENSE TO PRACTICE IN THE OTHER STATE OR COUNTRY 1,210
IS IN GOOD STANDING.
(C) THE BOARD SHALL PERMIT REINSTATEMENT IF THE CONDITIONS 1,213
SPECIFIED IN DIVISION (B) OF THIS SECTION ARE MET. AN 1,214
OPTOMETRIST WHO IS REINSTATED UNDER THIS SECTION IS SUBJECT TO 1,215
THE CONTINUING EDUCATION REQUIREMENTS SPECIFIED UNDER SECTION 1,216
4725.16 OF THE REVISED CODE FOR THE YEAR IN WHICH REINSTATEMENT 1,217
OCCURS.
Sec. 4725.12 4725.18. An applicant for a certificate of 1,226
licensure who is an optometrist registered or licensed under the 1,228
laws of another state which, through reciprocity, similarly 1,229
accredits the holder of a certificate issued by the (A) THE 1,230
state board of optometry of this state to the full privileges of 1,233
27
practice within such state, on the payment of a fee of 1,234
twenty-five dollars to the board and on filing in the office of 1,235
the board a true and attested copy of the license, certified by 1,236
the president or secretary of the state board issuing the same, 1,237
and showing also that the standard of requirements adopted and 1,238
enforced by the board is equal to that provided for by sections 1,239
4725.01 to 4725.21 of the Revised Code, may, in the discretion of 1,240
the board, without further examination, receive a certificate of 1,241
licensure provided that such applicant has not previously failed 1,242
at an examination held by the board of this state. No license 1,243
shall be issued under this section unless authorized MAY ISSUE A 1,245
CERTIFICATE OF LICENSURE AND THERAPEUTIC PHARMACEUTICAL AGENTS 1,246
CERTIFICATE TO AN INDIVIDUAL LICENSED AS AN OPTOMETRIST BY 1,247
ANOTHER STATE IF THE BOARD DETERMINES THAT THE OTHER STATE HAS 1,248
STANDARDS FOR THE PRACTICE OF OPTOMETRY THAT ARE AT LEAST AS 1,249
STRINGENT AS THE STANDARDS ESTABLISHED UNDER SECTIONS 4725.01 TO 1,250
4725.34 OF THE REVISED CODE AND THE OTHER STATE SIMILARLY GRANTS 1,253
LICENSES TO PRACTICE OPTOMETRY TO INDIVIDUALS WHO HOLD 1,254
CERTIFICATES OF LICENSURE ISSUED BY THE BOARD.
(B) TO RECEIVE A CERTIFICATE OF LICENSURE AND THERAPEUTIC 1,257
PHARMACEUTICAL AGENTS CERTIFICATE UNDER THIS SECTION, AN 1,258
APPLICANT MUST MEET ALL OF THE FOLLOWING CONDITIONS: 1,259
(1) HOLD A LICENSE TO PRACTICE OPTOMETRY FROM THE OTHER 1,262
STATE THAT IS IN GOOD STANDING, EVIDENCED BY SUBMISSION OF A 1,263
LETTER FROM THE LICENSING AGENCY OF THE OTHER STATE;
(2) HAVE BEEN ACTIVELY ENGAGED IN THE PRACTICE OF 1,265
OPTOMETRY, INCLUDING THE USE OF THERAPEUTIC PHARMACEUTICAL 1,266
AGENTS, FOR AT LEAST THREE YEARS IMMEDIATELY PRECEDING MAKING 1,267
APPLICATION UNDER THIS SECTION; 1,268
(3) PAY THE APPLICATION FEES ESTABLISHED UNDER SECTION 1,270
4725.34 OF THE REVISED CODE FOR A CERTIFICATE OF LICENSURE AND 1,273
THERAPEUTIC PHARMACEUTICAL AGENTS CERTIFICATE; 1,274
(4) SUBMIT ALL TRANSCRIPTS, REPORTS, OR OTHER INFORMATION 1,277
THE BOARD REQUIRES;
28
(5) PASS ALL OR PART OF THE LICENSING EXAMINATION ACCEPTED 1,280
BY THE BOARD UNDER SECTION 4725.11 OF THE REVISED CODE, IF THE 1,282
BOARD DETERMINES THAT TESTING IS NECESSARY TO DETERMINE WHETHER 1,283
THE APPLICANT'S QUALIFICATIONS ARE SUFFICIENT FOR ISSUANCE OF A 1,284
CERTIFICATE OF LICENSURE AND THERAPEUTIC PHARMACEUTICAL AGENTS 1,285
CERTIFICATE UNDER THIS SECTION. 1,286
(C) IF THE APPLICANT MEETS THE CONDITIONS SPECIFIED IN 1,289
DIVISION (B) OF THIS SECTION AND THE BOARD HAS NOT PREVIOUSLY 1,291
DENIED ISSUANCE OF A LICENSE TO THE APPLICANT, THE BOARD MAY, by 1,293
an affirmative vote of all the A MAJORITY OF ITS members of the 1,294
board, ISSUE TO THAT APPLICANT A CERTIFICATE OF LICENSURE AND 1,296
THERAPEUTIC PHARMACEUTICAL AGENTS CERTIFICATE. 1,297
Sec. 4725.11 4725.19. (A) The IN ACCORDANCE WITH CHAPTER 1,307
119. OF THE REVISED CODE AND BY AN AFFIRMATIVE VOTE OF A MAJORITY
OF ITS MEMBERS, THE state board of optometry, FOR ANY OF THE 1,308
REASONS SPECIFIED IN DIVISION (B) OF THIS SECTION, shall refuse 1,310
to grant a certificate of licensure to any AN applicant and may 1,312
cancel, revoke, or suspend, WITH RESPECT TO A LICENSED
OPTOMETRIST, DO ONE OR MORE OF THE FOLLOWING: 1,313
(1) SUSPEND the operation of any certificate of licensure, 1,316
topical ocular pharmaceutical agents certificate, or therapeutic 1,317
pharmaceutical agents certificate, or all certificates granted by 1,318
it to any person who is THE OPTOMETRIST;
(2) PERMANENTLY REVOKE ANY OR ALL OF THE CERTIFICATES; 1,320
(3) LIMIT OR OTHERWISE PLACE RESTRICTIONS ON ANY OR ALL OF 1,322
THE CERTIFICATES; 1,323
(4) REPRIMAND THE OPTOMETRIST; 1,325
(5) IMPOSE A MONETARY PENALTY. IF THE REASON FOR WHICH 1,327
THE BOARD IS IMPOSING THE PENALTY INVOLVES A CRIMINAL OFFENSE 1,328
THAT CARRIES A FINE UNDER THE REVISED CODE, THE PENALTY SHALL NOT 1,329
EXCEED THE MAXIMUM FINE THAT MAY BE IMPOSED FOR THE CRIMINAL 1,330
OFFENSE. IN ANY OTHER CASE, THE PENALTY IMPOSED BY THE BOARD 1,331
SHALL NOT EXCEED FIVE HUNDRED DOLLARS.
(B) THE SANCTIONS SPECIFIED IN DIVISION (A) OF THIS 1,333
29
SECTION MAY BE TAKEN BY THE BOARD FOR ANY OF THE FOLLOWING 1,334
REASONS:
(1) Guilty of COMMITTING fraud in passing the LICENSING 1,336
examination OR MAKING FALSE OR PURPOSELY MISLEADING STATEMENTS IN 1,337
AN APPLICATION FOR A CERTIFICATE OF LICENSURE; 1,338
(2) At BEING AT any time guilty of a felony, gross 1,340
immorality, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS 1,341
COMMITTED;
(3) BEING GUILTY OF DISHONESTY or grossly unprofessional 1,343
or dishonest conduct IN THE PRACTICE OF OPTOMETRY; 1,344
(4) BEING AT ANY TIME GUILTY OF A FELONY, REGARDLESS OF 1,346
THE JURISDICTION IN WHICH THE ACT WAS COMMITTED; 1,347
(5) BEING AT ANY TIME GUILTY OF A MISDEMEANOR COMMITTED IN 1,349
THE COURSE OF PRACTICE, REGARDLESS OF THE JURISDICTION IN WHICH 1,350
THE ACT WAS COMMITTED;
(6) VIOLATING THE CONDITIONS OF ANY LIMITATION OR OTHER 1,352
RESTRICTION PLACED BY THE BOARD ON ANY CERTIFICATE ISSUED BY THE 1,353
BOARD;
(7) ENGAGING IN THE PRACTICE OF OPTOMETRY AS PROVIDED IN 1,355
DIVISION (A)(1), (2), OR (3) OF SECTION 4725.01 OF THE REVISED 1,356
CODE WHEN THE CERTIFICATE AUTHORIZING THAT PRACTICE IS UNDER 1,357
SUSPENSION, IN WHICH CASE THE BOARD SHALL PERMANENTLY REVOKE THE 1,358
CERTIFICATE;
(8) BEING REFUSED ISSUANCE OF A LICENSE TO PRACTICE 1,360
OPTOMETRY IN ANOTHER STATE OR COUNTRY OR BEING SUBJECT TO ANY 1,361
SANCTION BY THE OPTOMETRIC LICENSING AUTHORITY OF ANOTHER STATE 1,362
OR COUNTRY, OTHER THAN SANCTIONS IMPOSED FOR THE NONPAYMENT OF 1,363
FEES;
(9) DEPARTING FROM OR FAILING TO CONFORM TO ACCEPTABLE AND 1,365
PREVAILING STANDARDS OF CARE IN THE PRACTICE OF OPTOMETRY AS 1,366
FOLLOWED BY SIMILAR PRACTITIONERS UNDER THE SAME OR SIMILAR 1,367
CIRCUMSTANCES, REGARDLESS OF WHETHER ACTUAL INJURY TO A PATIENT 1,368
IS ESTABLISHED;
(10) FAILING TO MAINTAIN COMPREHENSIVE PATIENT RECORDS; 1,370
30
(3) Fraudulently advertising (11) ADVERTISING a price of 1,373
spectacles or eyeglasses, OPTICAL ACCESSORIES, EYE EXAMINATIONS, 1,374
OR OTHER PRODUCTS OR SERVICES by cards, circulars, statements, or 1,375
otherwise, with intent to ANY MEANS THAT WOULD deceive or mislead 1,376
the public;
(4) Addicted (12) BEING ADDICTED to the use of alcohol, 1,379
stimulants, narcotics, or any other substance which impairs the 1,380
intellect and judgment to such an extent as to incapacitate one 1,381
for HINDER OR DIMINISH the performance of the duties of an 1,383
optometrist INCLUDED IN THE PERSON'S PRACTICE OF OPTOMETRY; 1,384
(5)(13) Engaging in the practice of optometry as provided 1,386
in division (A)(2) OR (3) of section 4725.01 of the Revised Code 1,387
without authority to do so or, if authorized, in a manner 1,389
inconsistent with the authority granted; 1,390
(6)(14) Failing to make a report to the board as required 1,392
by DIVISION (A) OF section 4725.111 4725.20 or 4725.112 SECTION 1,394
4725.31 of the Revised Code.
(7); 1,396
(15) SOLICITING PATIENTS FROM DOOR TO DOOR OR ESTABLISHING 1,398
TEMPORARY OFFICES, IN WHICH CASE THE BOARD SHALL SUSPEND ALL 1,399
CERTIFICATES HELD BY THE OPTOMETRIST; 1,400
(16) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION: 1,402
(a) Waiving the payment of all or any part of a deductible 1,405
or copayment that a patient, pursuant to a health insurance or 1,407
health care policy, contract, or plan that covers optometric 1,408
services, would otherwise be required to pay if the waiver is 1,410
used as an enticement to a patient or group of patients to
receive health care services from that provider OPTOMETRIST. 1,411
(8)(b) Advertising that he THE OPTOMETRIST will waive the 1,414
payment of all or any part of a deductible or copayment that a 1,416
patient, pursuant to a health insurance or health care policy, 1,417
contract, or plan that covers optometric services, would
otherwise be required to pay. 1,418
(B) The board may cancel, revoke, or suspend the operation 1,420
31
of any topical ocular pharmaceutical agents certificate granted 1,421
by it to any licensed optometrist who holds the certificate and 1,422
is doing either of the following: 1,423
(1) Using a topical ocular pharmaceutical agent that is 1,425
not listed in division (B) of section 4725.01 of the Revised Code 1,426
or is using the agent in a potency that exceeds the maximum 1,427
potency listed in that division; 1,428
(2) Administering topical pharmaceutical agents for any 1,429
purpose other than the purposes set forth in division (A)(1) of 1,430
section 4725.01 of the Revised Code. 1,431
(C) The certificate of licensure of any person convicted 1,433
of a violation of section 4725.02 of the Revised Code shall be 1,434
revoked automatically. 1,435
(D) Any person who is the holder of a certificate of 1,437
licensure, or who is an applicant for examination for a 1,438
certificate of licensure against whom is preferred any charges, 1,439
shall be furnished by the board with a copy of the complaint and 1,440
shall have a hearing before the board in accordance with Chapter 1,441
119. of the Revised Code. 1,442
(E) Notwithstanding divisions (A)(7) and (8) of this 1,444
section, sanctions(D) SANCTIONS shall not be imposed UNDER 1,446
DIVISION (B)(16) OF THIS SECTION against any licensee OPTOMETRIST 1,447
who waives deductibles and copayments: 1,448
(1) In compliance with the health benefit plan that 1,450
expressly allows such a practice. Waiver of the deductibles or 1,451
copays COPAYMENTS shall be made only with the full knowledge and 1,453
consent of the plan purchaser, payer, and third-party
administrator. Such DOCUMENTATION OF THE consent shall be made 1,454
available to the board upon request. 1,456
(2) For professional services rendered to any other person 1,458
OPTOMETRIST licensed pursuant to this chapter BY THE BOARD, to 1,460
the extent allowed by this chapter SECTIONS 4725.01 TO 4725.34 OF 1,461
THE REVISED CODE and the rules of the board. 1,462
Sec. 4725.60 4725.20. On receipt of a notice pursuant to 1,471
32
section 2301.373 of the Revised Code, the state board of 1,473
optometry shall comply with that section with respect to a 1,474
license or certificate issued pursuant to BY THE BOARD UNDER this 1,475
chapter. 1,476
Sec. 4725.111 4725.21. (A) If any individual AN 1,486
OPTOMETRIST licensed under sections 4725.01 to 4725.21 of the 1,488
Revised Code BY THE STATE BOARD OF OPTOMETRY has reason to
believe that another individual OPTOMETRIST licensed under those 1,491
sections BY THE BOARD has engaged in any course of treatment or 1,492
other services to a patient that constitutes grossly 1,493
unprofessional conduct under division (A)(2) of section 4725.11 1,495
4725.19 of the Revised Code, or has an addiction as described in 1,496
division (A)(4) of SUBJECT TO BOARD ACTION UNDER section 4725.11 1,498
4725.19 of the Revised Code, the individual OPTOMETRIST shall 1,499
make a report to the state board of optometry. In 1,500
(B) ANY PERSON MAY REPORT TO THE BOARD IN A SIGNED WRITING 1,503
ANY INFORMATION THAT THE PERSON MAY HAVE THAT APPEARS TO SHOW A 1,504
VIOLATION OF ANY PROVISION OF SECTIONS 4725.01 TO 4725.34 OF THE 1,505
REVISED CODE OR THE RULES ADOPTED UNDER THOSE SECTIONS. 1,506
(C) EACH COMPLAINT OR ALLEGATION OF A VIOLATION RECEIVED 1,509
BY THE BOARD SHALL BE ASSIGNED A CASE NUMBER AND SHALL BE 1,510
RECORDED BY THE BOARD.
(D) IN the absence of fraud or bad faith, no individual 1,514
that PERSON WHO reports to the board under this section OR 1,515
TESTIFIES IN ANY ADJUDICATION CONDUCTED UNDER CHAPTER 119. OF THE 1,516
REVISED CODE shall be liable to any person for damages in a civil 1,517
action as a result of the report OR TESTIMONY. 1,518
Sec. 4725.113 4725.22. Any (A) EACH insurer providing 1,528
professional liability insurance to any person holding a valid 1,529
therapeutic pharmaceutical agents certificate issued pursuant to 1,530
AN OPTOMETRIST LICENSED UNDER this chapter, or any other entity 1,532
that seeks to indemnify the professional liability of any person 1,533
holding such a certificate AN OPTOMETRIST LICENSED UNDER THIS 1,534
CHAPTER, shall notify the state board of optometry within thirty 1,535
33
days after the final disposition of any written A claim for 1,537
damages. Such THE notice shall contain the following 1,538
information:
(A)(1) The name and address of the person submitting the 1,540
notification; 1,541
(B)(2) The name and address of the insured who is the 1,543
subject of the claim; 1,544
(C)(3) The name of the person filing the written claim; 1,546
(D)(4) The date of final disposition; 1,548
(E)(5) If applicable, the identity of the court in which 1,550
the final disposition of the claim took place. 1,551
(B) EACH OPTOMETRIST LICENSED UNDER THIS CHAPTER SHALL 1,554
NOTIFY THE BOARD WITHIN THIRTY DAYS OF RECEIPT OF THE FINAL 1,555
DISPOSITION OF A CLAIM FOR DAMAGES OR ANY ACTION INVOLVING
MALPRACTICE. THE OPTOMETRIST SHALL NOTIFY THE BOARD BY 1,556
REGISTERED MAIL AND SHALL PROVIDE ALL REPORTS AND OTHER 1,557
INFORMATION REQUIRED BY THE BOARD. 1,558
(C) INFORMATION RECEIVED UNDER THIS SECTION IS NOT A 1,560
PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 OF THE REVISED CODE 1,562
AND SHALL NOT BE RELEASED EXCEPT AS OTHERWISE REQUIRED BY LAW OR 1,563
A COURT OF COMPETENT JURISDICTION.
Sec. 4725.23. (A) THE STATE BOARD OF OPTOMETRY SHALL 1,565
INVESTIGATE EVIDENCE THAT APPEARS TO SHOW THAT A PERSON HAS 1,566
VIOLATED ANY PROVISION OF SECTIONS 4725.01 TO 4725.34 OF THE 1,567
REVISED CODE OR ANY RULE ADOPTED UNDER THOSE SECTIONS.
INVESTIGATIONS OF ALLEGED VIOLATIONS SHALL BE SUPERVISED BY THE 1,568
MEMBER OF THE BOARD APPOINTED BY THE BOARD TO ACT AS SUPERVISING 1,569
MEMBER OF INVESTIGATIONS. NO MEMBER OF THE BOARD WHO SUPERVISES 1,570
THE INVESTIGATION OF A CASE SHALL PARTICIPATE IN THE FINAL VOTE 1,571
THAT OCCURS IN AN ADJUDICATION OF THE CASE.
(B) IN INVESTIGATING A POSSIBLE VIOLATION, THE BOARD MAY 1,573
ADMINISTER OATHS, ORDER THE TAKING OF DEPOSITIONS, ISSUE 1,575
SUBPOENAS, AND COMPEL THE ATTENDANCE OF WITNESSES AND PRODUCTION 1,576
OF BOOKS, ACCOUNTS, PAPERS, RECORDS, DOCUMENTS, AND TESTIMONY. A 1,577
34
SUBPOENA FOR PATIENT RECORD INFORMATION SHALL NOT BE ISSUED 1,578
WITHOUT CONSULTATION WITH THE ATTORNEY GENERAL'S OFFICE AND
APPROVAL OF THE SECRETARY OF THE BOARD AND THE BOARD'S 1,579
SUPERVISING MEMBER OF INVESTIGATIONS. BEFORE ISSUANCE OF A 1,580
SUBPOENA FOR PATIENT RECORD INFORMATION, THE SECRETARY AND 1,581
SUPERVISING MEMBER SHALL DETERMINE WHETHER THERE IS PROBABLE 1,582
CAUSE TO BELIEVE THAT THE COMPLAINT FILED ALLEGES A VIOLATION OF 1,583
SECTIONS 4725.01 TO 4725.34 OF THE REVISED CODE OR ANY RULE
ADOPTED UNDER THOSE SECTIONS AND THAT THE RECORDS SOUGHT ARE 1,584
RELEVANT TO THE ALLEGED VIOLATION AND MATERIAL TO THE 1,585
INVESTIGATION. THE SUBPOENA MAY APPLY ONLY TO RECORDS THAT COVER 1,586
A REASONABLE PERIOD OF TIME SURROUNDING THE ALLEGED VIOLATION. 1,587
ON FAILURE TO COMPLY WITH ANY SUBPOENA ISSUED BY THE BOARD 1,590
AND AFTER REASONABLE NOTICE TO THE PERSON BEING SUBPOENAED, THE 1,591
BOARD MAY MOVE FOR AN ORDER COMPELLING THE PRODUCTION OF PERSONS 1,592
OR RECORDS PURSUANT TO THE RULES OF CIVIL PROCEDURE. 1,594
A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF, 1,596
THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE 1,597
BOARD. SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY 1,599
DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN, 1,600
READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL 1,601
PLACE OF RESIDENCE. WHEN THE PERSON BEING SERVED IS AN 1,602
OPTOMETRIST LICENSED UNDER BY THIS CHAPTER, SERVICE OF THE 1,603
SUBPOENA MAY BE MADE BY CERTIFIED MAIL, RESTRICTED DELIVERY, 1,604
RETURN RECEIPT REQUESTED, AND THE SUBPOENA SHALL BE DEEMED SERVED 1,605
ON THE DATE DELIVERY IS MADE OR THE DATE THE OPTOMETRIST REFUSES 1,606
TO ACCEPT DELIVERY.
A SHERIFF'S DEPUTY WHO SERVES A SUBPOENA FOR THE BOARD 1,609
SHALL RECEIVE THE SAME FEES AS A SHERIFF. EACH WITNESS WHO 1,611
APPEARS BEFORE THE BOARD IN OBEDIENCE TO A SUBPOENA SHALL RECEIVE 1,613
THE FEES AND MILEAGE PROVIDED FOR WITNESSES IN CIVIL CASES IN THE 1,614
COURTS OF COMMON PLEAS. 1,615
(C) ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE 1,617
CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251 OF 1,618
35
THE REVISED CODE. 1,619
(D) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN 1,621
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY 1,622
CIVIL ACTION. 1,623
THE BOARD SHALL CONDUCT ALL INVESTIGATIONS AND PROCEEDINGS 1,625
IN A MANNER THAT PROTECTS THE CONFIDENTIALITY OF PATIENTS AND 1,627
PERSONS WHO FILE COMPLAINTS WITH THE BOARD. THE BOARD SHALL NOT 1,629
MAKE PUBLIC THE NAMES OR ANY OTHER IDENTIFYING INFORMATION ABOUT 1,630
PATIENTS OR COMPLAINANTS UNLESS PROPER CONSENT IS GIVEN. 1,631
Sec. 4725.24. IF THE SECRETARY OF THE STATE BOARD OF 1,633
OPTOMETRY AND THE BOARD'S SUPERVISING MEMBER OF INVESTIGATIONS 1,634
DETERMINE THAT THERE IS CLEAR AND CONVINCING EVIDENCE THAT AN 1,635
OPTOMETRIST HAS VIOLATED DIVISION (B) OF SECTION 4725.19 OF THE 1,636
REVISED CODE AND THAT THE OPTOMETRIST'S CONTINUED PRACTICE
PRESENTS A DANGER OF IMMEDIATE AND SERIOUS HARM TO THE PUBLIC, 1,637
THEY MAY RECOMMEND THAT THE BOARD SUSPEND WITHOUT A PRIOR HEARING 1,638
THE OPTOMETRIST'S CERTIFICATE OF LICENSURE AND ANY OTHER 1,639
CERTIFICATES HELD BY THE OPTOMETRIST. WRITTEN ALLEGATIONS SHALL 1,640
BE PREPARED FOR CONSIDERATION BY THE FULL BOARD.
THE BOARD, UPON REVIEW OF THOSE ALLEGATIONS AND BY AN 1,642
AFFIRMATIVE VOTE OF THE THREE MEMBERS OTHER THAN THE SECRETARY 1,644
AND SUPERVISING MEMBER MAY ORDER THE SUSPENSION WITHOUT A PRIOR 1,645
HEARING. A TELEPHONE CONFERENCE CALL MAY BE UTILIZED FOR 1,646
REVIEWING THE ALLEGATIONS AND TAKING THE VOTE ON THE SUMMARY 1,648
SUSPENSION.
THE BOARD SHALL ISSUE A WRITTEN ORDER OF SUSPENSION BY 1,650
CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF 1,651
THE REVISED CODE. THE ORDER SHALL NOT BE SUBJECT TO SUSPENSION 1,653
BY THE COURT DURING PENDENCY OF ANY APPEAL FILED UNDER SECTION 1,654
119.12 OF THE REVISED CODE. IF THE INDIVIDUAL SUBJECT TO THE 1,656
SUMMARY SUSPENSION REQUESTS AN ADJUDICATORY HEARING BY THE BOARD, 1,657
THE DATE SET FOR THE HEARING SHALL BE WITHIN FIFTEEN DAYS, BUT 1,658
NOT EARLIER THAN SEVEN DAYS, AFTER THE INDIVIDUAL REQUESTS THE 1,660
HEARING, UNLESS OTHERWISE AGREED TO BY BOTH THE BOARD AND THE 1,661
36
INDIVIDUAL.
ANY SUMMARY SUSPENSION IMPOSED UNDER THIS DIVISION SHALL 1,663
REMAIN IN EFFECT, UNLESS REVERSED ON APPEAL, UNTIL A FINAL 1,664
ADJUDICATIVE ORDER ISSUED BY THE BOARD PURSUANT TO SECTION 1,665
4725.19 OF THE REVISED CODE AND CHAPTER 119. OF THE REVISED CODE 1,666
BECOMES EFFECTIVE. THE BOARD SHALL ISSUE ITS FINAL ADJUDICATIVE 1,667
ORDER WITHIN SIXTY DAYS AFTER COMPLETION OF ITS HEARING. A 1,668
FAILURE TO ISSUE THE ORDER WITHIN SIXTY DAYS SHALL RESULT IN 1,669
DISSOLUTION OF THE SUMMARY SUSPENSION ORDER BUT SHALL NOT 1,670
INVALIDATE ANY SUBSEQUENT, FINAL ADJUDICATIVE ORDER. 1,671
Sec. 4725.13 4725.25. Sections 4725.01 to 4725.21 4725.34 1,681
of the Revised Code do not confer on a person who is licensed 1,683
under this chapter AN OPTOMETRIST the title of medical doctor, 1,684
physician, surgeon, oculist, ophthalmologist, or any other word 1,685
or abbreviation indicating that he THE OPTOMETRIST is engaged in 1,687
the practice of medicine or surgery. 1,688
Sec. 4725.14 4725.26. Sections 4725.01 to 4725.21 DIVISION 1,698
(A) OF SECTION 4725.02 of the Revised Code do DOES not apply to 1,699
the following: 1,700
(A) Physicians or surgeons practicing AUTHORIZED TO 1,702
PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY 1,703
under authority of licenses issued under the laws of this state 1,706
for the practice of medicine or surgery CHAPTER 4731. OF THE 1,707
REVISED CODE;
(B) Except as provided in division (B) of section 4725.17 1,709
of the Revised Code, persons PERSONS who sell spectacles and 1,711
eyeglasses OPTICAL ACCESSORIES but who do not assume to adapt 1,712
them to the eye, and neither practice nor profess to practice 1,713
optometry;
(C) An instructor in a school of optometry that is located 1,715
in Ohio THIS STATE and accredited APPROVED by the state board of 1,717
optometry UNDER SECTION 4725.10 OF THE REVISED CODE who holds a 1,718
valid current license TO PRACTICE OPTOMETRY from any state A 1,720
LICENSING BODY IN ANOTHER JURISDICTION and limits his THE 1,721
37
practice OF OPTOMETRY to the instruction of optometry students 1,722
enrolled in the school. 1,723
(D) A STUDENT AT SCHOOL OF OPTOMETRY LOCATED IN THIS STATE 1,726
AND APPROVED BY THE BOARD UNDER SECTION 4725.10 OF THE REVISED 1,727
CODE WHILE ENROLLED IN AN OPTOMETRY TRAINING PROGRAM AND ACTING 1,728
UNDER THE DIRECT, PERSONAL SUPERVISION AND CONTROL OF AN 1,729
OPTOMETRIST LICENSED BY THE BOARD OR AUTHORIZED TO PRACTICE 1,730
PURSUANT TO DIVISION (C) OF THIS SECTION. 1,731
Sec. 4725.16 4725.27. The testimony and reports of an 1,740
optometrist licensed to practice in BY THE STATE BOARD OF 1,743
OPTOMETRY UNDER this state CHAPTER shall be received by any 1,744
state, county, municipal, school district, or other public board, 1,746
body, agency, institution, or official and by any private 1,747
educational or other institution receiving public funds as
competent evidence with respect to any matter within the scope of 1,748
the practice of optometry. No such board, body, agency, 1,749
official, or institution shall interfere with any individual's 1,750
right to a free choice of RECEIVING SERVICES FROM EITHER an 1,751
optometrist or A physician. NO SUCH BOARD, BODY, AGENCY, 1,752
OFFICIAL, OR INSTITUTION SHALL DISCRIMINATE AGAINST AN 1,753
OPTOMETRIST PERFORMING PROCEDURES THAT ARE INCLUDED IN THE 1,754
PRACTICE OF OPTOMETRY AS PROVIDED IN DIVISION (A)(2) OR (3) OF 1,755
SECTION 4725.01 OF THE REVISED CODE IF THE OPTOMETRIST IS 1,756
LICENSED UNDER THIS CHAPTER TO PERFORM THOSE PROCEDURES. 1,757
Sec. 4725.17 4725.28. (A) As used in this section, 1,766
"supplier" means any person who prepares or sells spectacles, 1,768
eyeglasses, lenses, contact lenses, OPTICAL ACCESSORIES or other 1,769
vision correcting items, devices, or procedures. 1,771
(A)(B) A licensed optometrist, on completion of a vision 1,773
examination and diagnosis, shall give each patient for whom he 1,774
THE OPTOMETRIST prescribes any vision correcting item, device, or 1,776
procedure, one copy of the prescription, without additional 1,777
charge to the patient. This THE prescription shall include the 1,778
following:
38
(1) The date of its issuance; 1,780
(2) Sufficient information to enable the patient to obtain 1,782
from the supplier of his THE PATIENT'S choice, the OPTICAL 1,783
ACCESSORY OR OTHER vision correcting item, device, or procedure 1,786
that has been prescribed.
(B)(C) Any supplier WHO FILLS A PRESCRIPTION FOR CONTACT 1,788
LENSES FURNISHED BY AN OPTOMETRIST SHALL FURNISH THE PATIENT WITH 1,789
WRITTEN RECOMMENDATIONS TO RETURN TO THE PRESCRIBING OPTOMETRIST 1,790
FOR EVALUATION OF THE CONTRACT LENS FITTING. 1,791
(D) ANY SUPPLIER, INCLUDING AN OPTOMETRIST WHO IS A 1,793
SUPPLIER, may advertise to inform the general public of the price 1,795
that he THE SUPPLIER charges for any vision correcting item, 1,797
device, or procedure. Any such advertisement shall indicate 1,798
whether the price includes SPECIFY THE FOLLOWING:
(1) An WHETHER THE ADVERTISED ITEM INCLUDES AN eye 1,800
examination;
(2) In the case of lenses, WHETHER THE PRICE APPLIES TO 1,802
single-vision or multifocal lenses; 1,804
(3) In the case of contact lenses, hard WHETHER THE PRICE 1,806
APPLIES TO RIGID or soft lenses AND WHETHER THERE IS AN 1,807
ADDITIONAL CHARGE RELATED TO THE FITTING AND DETERMINATION OF THE 1,808
TYPE OF CONTACT LENSES TO BE WORN THAT IS NOT INCLUDED IN THE 1,809
PRICE OF THE EYE EXAMINATION.
(E) The state board of optometry shall not adopt any rule 1,811
that restricts the right to advertise as permitted by DIVISION 1,812
(D) OF this section. 1,813
(F) Any municipal corporation code, ordinance, or 1,815
regulation or any township resolution that conflicts with a 1,816
supplier's right to advertise as permitted by DIVISION (D) OF 1,817
this section, is superseded by DIVISION (D) OF this section and 1,819
is invalid. A municipal corporation code, ordinance, or 1,820
regulation or a township resolution conflicts with DIVISION (D)
OF this section if it restricts a supplier's right to advertise 1,822
as permitted by DIVISION (D) OF this section. 1,823
39
Sec. 4725.29. (A) AS USED IN THIS SECTION: 1,825
(1) "REGIONAL ADVERTISEMENT" MEANS AN ADVERTISEMENT 1,827
PUBLISHED IN MORE THAN ONE METROPOLITAN STATISTICAL AREA IN THIS 1,829
STATE OR BROADCAST BY RADIO OR TELEVISION STATIONS IN MORE THAN 1,830
ONE METROPOLITAN STATISTICAL AREA IN THIS STATE. 1,831
(2) "NATIONAL ADVERTISEMENT" MEANS AN ADVERTISEMENT 1,833
PUBLISHED IN ONE OR MORE PERIODICALS OR BROADCAST BY ONE OR MORE 1,834
RADIO OR TELEVISION STATIONS IN THIS STATE AND ALSO PUBLISHED IN 1,835
ONE OR MORE PERIODICALS OR BROADCAST BY ONE OR MORE RADIO OR 1,836
TELEVISION STATIONS IN ANOTHER STATE. 1,837
(B) THE STATE BOARD OF OPTOMETRY SHALL NOT REQUIRE ANY 1,839
PERSON WHO SELLS OPTICAL ACCESSORIES AT MORE THAN ONE LOCATION TO 1,841
LIST IN ANY REGIONAL OR NATIONAL ADVERTISEMENT THE NAME OF THE 1,842
LICENSED OPTOMETRIST PRACTICING AT A PARTICULAR LOCATION, 1,843
PROVIDED THAT IN ADDITION TO THE REQUIREMENT IN DIVISION (B) OF 1,844
SECTION 4725.13 OF THE REVISED CODE, THE NAME OF THE OPTOMETRIST 1,845
IS PROMINENTLY DISPLAYED AT THE LOCATION. 1,846
Sec. 4725.18 4725.30. If while examining a person an 1,855
optometrist detects evidence of an ocular abnormality requiring 1,857
FURTHER diagnosis and OR possible treatment by a physician 1,860
licensed to practice medicine or surgery or osteopathic medicine 1,861
or surgery under Chapter 4731. of the Revised Code THAT IS NOT 1,862
INCLUDED IN THE OPTOMETRIST'S PRACTICE OF OPTOMETRY, the 1,863
optometrist shall so advise the patient TO SEE A PHYSICIAN 1,866
AUTHORIZED TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC 1,867
MEDICINE AND SURGERY. THE OPTOMETRIST SHALL INCLUDE IN THE
PATIENT'S RECORDS AN ENTRY SPECIFYING THAT THE NOTICE REQUIRED BY 1,868
THIS SECTION WAS GIVEN. 1,869
Sec. 4725.112 4725.31. An individual OPTOMETRIST licensed 1,879
under sections 4725.01 to 4725.21 of the Revised Code BY THE 1,881
STATE BOARD OF OPTOMETRY shall promptly report to the state board 1,882
of optometry any instance of a clinically significant 1,884
drug-induced side effect in a patient due to such individual's 1,886
THE OPTOMETRIST'S administering, employing, applying, or 1,887
40
prescribing a topical ocular or therapeutic pharmaceutical agent 1,888
to or for the patient. The board, by rule adopted in accordance 1,889
with Chapter 119. of the Revised Code, shall establish reporting 1,890
procedures and specify the types of side effects to be reported. 1,891
The information provided to the board shall not include the name
of or any identifying information about the patient. 1,892
Sec. 4725.21 4725.32. (A) No person shall fabricate, 1,901
distribute, sell, exchange, deliver, or have in his possession 1,903
with intent to distribute, sell, exchange, or deliver, any 1,905
eyeglass or sunglass frame, or lens containing cellulose nitrate 1,906
or any other form of nitrate. 1,907
(B) No person shall distribute, sell, or deliver any 1,909
eyeglasses or sunglasses manufactured after July 31, 1972, nor 1,910
shall any person distribute, sell, or deliver eyeglasses after 1,911
December 31, 1972, or sunglasses after December 31, 1973, which 1,912
are not fitted with impact-resistant lenses, except in those 1,913
cases where a physician or optometrist prescribing eyeglasses or 1,914
sunglasses finds that impact-resistant lenses could not fulfill 1,915
the visual requirements of a particular patient and directs in 1,916
writing the use of other lenses, and gives written notification 1,917
thereof to the patient. 1,918
All impact-resistant lenses shall be capable of 1,920
withstanding an impact test in which a five-eighths inch steel 1,921
ball weighing approximately fifty-six hundredths of an ounce is 1,922
dropped from a height of fifty inches upon the horizontal upper 1,923
surface of the lens in the manner prescribed under the code of 1,924
federal regulations, title 21, section 3.84. 1,925
Sec. 4725.114 4725.33. (A) An individual whom the state 1,934
board of optometry licenses, certificates, or otherwise legally 1,936
authorizes to engage in the practice of optometry may render the 1,938
professional services of an optometrist within this state through 1,940
a corporation formed under division (B) of section 1701.03 of the 1,941
Revised Code, a limited liability company formed under Chapter 1,942
1705. of the Revised Code, a partnership, or a professional 1,943
41
association formed under Chapter 1785. of the Revised Code. This 1,945
division does not preclude an individual of that nature 1,946
OPTOMETRIST from rendering professional services as an 1,947
optometrist through another form of business entity, including, 1,948
but not limited to, a nonprofit corporation or foundation, or in 1,949
another manner that is authorized by or in accordance with this 1,950
chapter, another chapter of the Revised Code, or rules of the 1,951
state board of optometry adopted pursuant to this chapter. 1,952
(B) A corporation, limited liability company, partnership, 1,955
or professional association described in division (A) of this 1,956
section may be formed for the purpose of providing a combination 1,957
of the professional services of the following individuals who are 1,958
licensed, certificated, or otherwise legally authorized to 1,959
practice their respective professions: 1,960
(1) Optometrists who are authorized to practice optometry 1,962
under Chapter 4725. of the Revised Code; 1,963
(2) Chiropractors who are authorized to practice 1,965
chiropractic under Chapter 4734. of the Revised Code; 1,966
(3) Psychologists who are authorized to practice 1,968
psychology under Chapter 4732. of the Revised Code; 1,969
(4) Registered or licensed practical nurses who are 1,971
authorized to practice nursing as registered nurses or as 1,972
licensed practical nurses under Chapter 4723. of the Revised 1,973
Code;
(5) Pharmacists who are authorized to practice pharmacy 1,976
under Chapter 4729. of the Revised Code; 1,979
(6) Physical therapists who are authorized to practice 1,981
physical therapy under sections 4755.40 to 4755.53 CHAPTER 4755. 1,983
of the Revised Code; 1,985
(7) Doctors of medicine and surgery, osteopathic medicine 1,988
and surgery, or podiatric medicine and surgery who are authorized 1,989
for their respective practices under Chapter 4731. of the Revised 1,990
Code. 1,991
This division shall apply notwithstanding a provision of a 1,994
42
code of ethics applicable to an optometrist that prohibits an 1,996
optometrist from engaging in the practice of optometry in 1,997
combination with a person who is licensed, certificated, or 1,998
otherwise legally authorized to practice chiropractic, 1,999
psychology, nursing, pharmacy, physical therapy, medicine and 2,000
surgery, osteopathic medicine and surgery, or podiatric medicine 2,002
and surgery but who is not also licensed, certificated, or 2,003
otherwise legally authorized to engage in the practice of 2,004
optometry.
Sec. 4725.15 4725.34. (A) The state board of optometry 2,014
SHALL CHARGE THE FOLLOWING NONREFUNDABLE FEES:
(1) ONE HUNDRED TEN DOLLARS FOR APPLICATION FOR A 2,016
CERTIFICATE OF LICENSURE; 2,017
(2) THIRTY-FIVE DOLLARS FOR APPLICATION FOR A THERAPEUTIC 2,019
PHARMACEUTICAL AGENTS CERTIFICATE; 2,020
(3) ONE HUNDRED TEN DOLLARS FOR RENEWAL OF A CERTIFICATE 2,022
OF LICENSURE; 2,023
(4) TWENTY-FIVE DOLLARS FOR RENEWAL OF A TOPICAL OCULAR 2,025
PHARMACEUTICAL AGENTS CERTIFICATE; 2,026
(5) TWENTY-FIVE DOLLARS FOR RENEWAL OF A THERAPEUTIC 2,028
PHARMACEUTICAL AGENTS CERTIFICATE; 2,029
(6) SEVENTY-FIVE DOLLARS FOR LATE COMPLETION OF CONTINUING 2,031
OPTOMETRIC EDUCATION; 2,032
(7) SEVENTY-FIVE DOLLARS FOR REINSTATEMENT OF A 2,034
CERTIFICATE OF LICENSURE CLASSIFIED AS DELINQUENT UNDER SECTION 2,035
4725.16 OF THE REVISED CODE, MULTIPLIED BY THE NUMBER OF YEARS 2,037
THE CERTIFICATE HAS BEEN CLASSIFIED AS DELINQUENT;
(8) SEVENTY-FIVE DOLLARS FOR REINSTATEMENT OF A 2,039
CERTIFICATE OF LICENSURE CLASSIFIED AS INACTIVE UNDER SECTION 2,040
4725.17 OF THE REVISED CODE; 2,041
(9) ADDITIONAL FEES TO COVER ADMINISTRATIVE COSTS INCURRED 2,043
BY THE BOARD, INCLUDING FEES FOR REPLACING LICENSES ISSUED BY THE 2,044
BOARD AND PROVIDING ROSTERS OF CURRENTLY LICENSED OPTOMETRISTS. 2,045
SUCH FEES SHALL BE ESTABLISHED AT A REGULAR MEETING OF THE BOARD 2,046
43
AND SHALL COMPLY WITH ANY APPLICABLE GUIDELINES OR POLICIES SET 2,047
BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES OR THE OFFICE OF 2,048
BUDGET AND MANAGEMENT. 2,049
(B) THE BOARD, subject to the approval of the controlling 2,052
board, may establish fees in excess of the amounts provided in
sections 4725.01 to 4725.21 of the Revised Code, provided that 2,053
such SPECIFIED IN DIVISION (A) OF THIS SECTION IF THE fees do not 2,055
exceed the amounts permitted by these sections SPECIFIED by more 2,056
than fifty per cent. 2,057
(C) ALL RECEIPTS OF THE BOARD, FROM ANY SOURCE, SHALL BE 2,059
DEPOSITED IN THE STATE TREASURY TO THE CREDIT OF THE OCCUPATIONAL 2,060
LICENSING AND REGULATORY FUND. 2,061
Sec. 4725.531. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 2,063
2301.373 OF THE REVISED CODE, THE OHIO OPTICAL DISPENSERS BOARD 2,064
SHALL COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE ISSUED 2,065
BY THE BOARD PURSUANT TO THIS CHAPTER. 2,066
Sec. 4725.59. (A) Sections 4725.40 to 4725.59 of the 2,075
Revised Code do not apply to: 2,077
(A) Any (1) A physician licensed by the state medical 2,080
board AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE TO
PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND 2,081
SURGERY, or to persons while in the employment and under the 2,083
supervision of a physician at his THE PHYSICIAN'S office; 2,085
(B) Licensed optometrists (2) AN OPTOMETRIST LICENSED 2,087
under sections 4725.01 to 4725.16 4725.34 of the Revised Code, or 2,090
to persons while in the employment and under the supervision of
an optometrist at his THE OPTOMETRIST'S office. 2,091
(B) Nothing in sections 4725.40 to 4725.59 of the Revised 2,093
Code shall prevent or restrict any individual, firm, or 2,095
corporation from employing or from engaging in optical dispensing 2,096
through persons licensed or registered under such sections. 2,097
Sec. 4725.99. (A) Whoever violates section 4725.02 of the 2,106
Revised Code shall be fined not more than five hundred dollars 2,107
for a first offense; for each subsequent offense such person 2,108
44
shall be fined not less than five hundred nor more than one 2,109
thousand dollars, or imprisoned not less than six months nor more 2,110
than one year. 2,111
(B) Whoever violates section 4725.41 of the Revised Code 2,113
is guilty of a misdemeanor of the second degree for a first 2,114
offense, and a misdemeanor of the first degree for each 2,115
subsequent offense. 2,116
(C) Whoever violates section 4725.55 or 4725.56 of the 2,118
Revised Code is guilty of a misdemeanor of the second degree. 2,119
(D) Whoever violates division (A) of section 4725.21 of 2,121
the Revised Code is guilty of a minor misdemeanor for a first 2,122
offense; for each subsequent offense, such person is guilty of a 2,123
misdemeanor of the second degree. Any violation constitutes a 2,124
separate offense on each successive day continued. 2,125
(E) Whoever violates division (B) of section 4725.21 2,127
4725.32 of the Revised Code is guilty of a misdemeanor of the 2,129
third degree.
(F) Whoever violates section 4725.113 4725.22 of the 2,131
Revised Code is guilty of a minor misdemeanor for a first 2,133
offense; for each subsequent offense, such person shall be fined 2,134
up to one thousand dollars. 2,135
Sec. 4729.29. (A) Divisions (A) and (B) of section 2,144
4729.01 and section 4729.28 of the Revised Code do not do either 2,146
of the following:
(1) Apply to a licensed health professional authorized to 2,149
prescribe drugs or prevent a prescriber from personally 2,150
furnishing the prescriber's patients with drugs, within the 2,152
prescriber's scope of professional practice, that seem proper to 2,153
the prescriber.
(2) Apply to the sale of oxygen, peritoneal dialysis 2,155
solutions, or the sale of drugs that are not dangerous drugs by a 2,157
retail dealer, in original packages when labeled as required by 2,159
the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 2,160
21 U.S.C.A. 301, as amended.
45
(B) When a prescriber personally furnishes drugs to a 2,163
patient pursuant to division (A)(1) of this section, the 2,164
prescriber shall ensure that the drugs are labeled and packaged 2,165
in accordance with state and federal drug laws and any rules and 2,166
regulations adopted pursuant to those laws. Records of purchase 2,167
and disposition of all drugs personally furnished to patients 2,168
shall be maintained by the prescriber in accordance with state 2,169
and federal drug statutes and any rules adopted pursuant to those 2,171
statutes.
(C) Nothing in this chapter prohibits a person who is 2,173
certified to administer topical ocular pharmaceutical agents 2,174
under Chapter 4725. of the Revised Code from purchasing, 2,175
possessing, or administering topical ocular pharmaceutical agents 2,176
in accordance with Chapter 4725. of the Revised Code. 2,177
Sec. 4729.51. (A) No person other than a registered 2,186
wholesale distributor of dangerous drugs shall possess for sale, 2,187
sell, distribute, or deliver, at wholesale, dangerous drugs, 2,188
except as follows: 2,189
(1) A pharmacist who is a licensed terminal distributor of 2,191
dangerous drugs or who is employed by a licensed terminal 2,192
distributor of dangerous drugs may make occasional sales of 2,193
dangerous drugs at wholesale; 2,194
(2) A licensed terminal distributor of dangerous drugs 2,196
having more than one establishment or place may transfer or 2,197
deliver dangerous drugs from one establishment or place for which 2,198
a license has been issued to the terminal distributor to another 2,199
establishment or place for which a license has been issued to the 2,200
terminal distributor if the license issued for each establishment 2,202
or place is in effect at the time of the transfer or delivery. 2,203
(B)(1) No registered wholesale distributor of dangerous 2,205
drugs shall possess for sale, or sell, at wholesale, dangerous 2,206
drugs to any person other than the following: 2,207
(a) A licensed health professional authorized to prescribe 2,210
drugs;
46
(b) AN OPTOMETRIST LICENSED UNDER CHAPTER 4725. OF THE 2,212
REVISED CODE WHO HOLDS A TOPICAL OCULAR PHARMACEUTICAL AGENTS 2,213
CERTIFICATE;
(c) A registered wholesale distributor of dangerous drugs; 2,215
(c)(d) A manufacturer of dangerous drugs; 2,217
(d)(e) A licensed terminal distributor of dangerous drugs, 2,219
subject to division (B)(2) of this section; 2,220
(e)(f) Carriers or warehousers for the purpose of carriage 2,223
or storage; 2,224
(f)(g) Terminal or wholesale distributors of dangerous 2,226
drugs who are not engaged in the sale of dangerous drugs within 2,227
this state; 2,228
(g)(h) An individual who holds a current license, 2,230
certificate, or registration issued under Title 47 of the Revised 2,232
Code and has been certified to conduct diabetes education by a 2,233
national certifying body specified in rules adopted by the state 2,234
board of pharmacy under section 4729.68 of the Revised Code, but 2,235
only with respect to insulin that will be used for the purpose of 2,237
diabetes education and only if diabetes education is within the 2,238
individual's scope of practice under statutes and rules 2,239
regulating the individual's profession. 2,240
(2) No registered wholesale distributor of dangerous drugs 2,242
shall possess dangerous drugs for sale at wholesale, or sell such 2,243
drugs at wholesale, to a licensed terminal distributor of 2,244
dangerous drugs, except to: 2,245
(a) A terminal distributor who has a category I license, 2,247
only dangerous drugs described in category I, as defined in 2,248
division (A)(1) of section 4729.54 of the Revised Code; 2,249
(b) A terminal distributor who has a category II license, 2,251
only dangerous drugs described in category I and category II, as 2,252
defined in divisions (A)(1) and (2) of section 4729.54 of the 2,253
Revised Code; 2,254
(c) A terminal distributor who has a category III license, 2,256
dangerous drugs described in category I, category II, and 2,257
47
category III, as defined in divisions (A)(1), (2), and (3) of 2,258
section 4729.54 of the Revised Code; 2,259
(d) A terminal distributor who has a limited category I, 2,261
II, or III license, only the dangerous drugs specified in the 2,262
certificate furnished by the terminal distributor in accordance 2,263
with section 4729.60 of the Revised Code. 2,264
(C)(1) Except as provided in division (C)(4) of this 2,266
section, no person shall sell, at retail, dangerous drugs. 2,267
(2) Except as provided in division (C)(4) of this section, 2,269
no person shall possess for sale, at retail, dangerous drugs. 2,270
(3) Except as provided in division (C)(4) of this section, 2,272
no person shall possess dangerous drugs. 2,273
(4) Divisions (C)(1), (2), and (3) of this section do not 2,275
apply to a registered wholesale distributor of dangerous drugs, a 2,276
licensed terminal distributor of dangerous drugs, or a person who 2,277
possesses, or possesses for sale or sells, at retail, a dangerous 2,279
drug in accordance with Chapters 3719., 4715., 4725., 4729., 2,280
4731., and 4741. or section 4723.56 of the Revised Code. 2,281
Divisions (C)(1), (2), and (3) of this section do not apply 2,284
to an individual who holds a current license, certificate, or 2,285
registration issued under Title 47 of the Revised Code and has 2,288
been certified to conduct diabetes education by a national 2,289
certifying body specified in rules adopted by the state board of 2,290
pharmacy under section 4729.68 of the Revised Code, but only to 2,292
the extent that the individual possesses insulin or personally 2,293
supplies insulin solely for the purpose of diabetes education and 2,294
only if diabetes education is within the individual's scope of 2,295
practice under statutes and rules regulating the individual's 2,296
profession. 2,297
(D) No licensed terminal distributor of dangerous drugs 2,299
shall purchase for the purpose of resale dangerous drugs from any 2,301
person other than a registered wholesale distributor of dangerous 2,303
drugs, except as follows: 2,304
(1) A licensed terminal distributor of dangerous drugs may 2,306
48
make occasional purchases of dangerous drugs for resale from a 2,307
pharmacist who is a licensed terminal distributor of dangerous 2,308
drugs or who is employed by a licensed terminal distributor of 2,309
dangerous drugs; 2,310
(2) A licensed terminal distributor of dangerous drugs 2,312
having more than one establishment or place may transfer or 2,313
receive dangerous drugs from one establishment or place for which 2,314
a license has been issued to the terminal distributor to another 2,315
establishment or place for which a license has been issued to the 2,316
terminal distributor if the license issued for each establishment 2,317
or place is in effect at the time of the transfer or receipt. 2,318
(E) No licensed terminal distributor of dangerous drugs 2,320
shall engage in the sale or other distribution of dangerous drugs 2,321
at retail or maintain possession, custody, or control of 2,322
dangerous drugs for any purpose other than the distributor's 2,323
personal use or consumption, at any establishment or place other 2,325
than that or those described in the license issued by the board 2,326
of pharmacy to such terminal distributor. 2,327
(F) Nothing in this section shall be construed to 2,329
interfere with the performance of official duties by any law 2,330
enforcement official authorized by municipal, county, state, or 2,332
federal law to collect samples of any drug, regardless of its 2,333
nature or in whose possession it may be. 2,334
Sec. 4731.44. (A) As used in this section, "supplier" 2,343
means a person who prepares or sells spectacles, eyeglasses, 2,344
lenses, contact lenses, or other vision correcting items, 2,345
devices, or procedures HAS THE SAME MEANING AS IN SECTION 4725.28 2,346
OF THE REVISED CODE.
(A) A doctor of medicine and surgery or of osteopathic 2,349
medicine and surgery who is licensed (B) AN INDIVIDUAL 2,350
AUTHORIZED UNDER THIS CHAPTER to practice medicine and surgery or 2,351
osteopathic medicine and surgery in this state, on completion of 2,353
a vision examination and diagnosis, shall give each patient for 2,354
whom the doctor INDIVIDUAL prescribes any vision correcting item, 2,356
49
device, or procedure, one copy of the prescription, without 2,357
additional charge to the patient. The prescription shall include 2,358
the following:
(1) The date of its issuance; 2,360
(2) Sufficient information to enable the patient to obtain 2,362
from the supplier of the patient's choice, the vision correcting 2,364
item, device, or procedure that has been prescribed. 2,365
(B)(C) Any supplier who UNDER THIS SECTION fills a 2,367
prescription for contact lenses furnished by a doctor of AN 2,369
INDIVIDUAL AUTHORIZED UNDER THIS CHAPTER TO PRACTICE medicine and 2,370
surgery or a doctor of osteopathic medicine and surgery under 2,371
this section or by an optometrist under section 4725.17 of the 2,375
Revised Code shall furnish the patient with written 2,376
recommendations to return to the prescribing doctor or 2,378
optometrist for evaluation of the contact lens fitting. 2,379
(C)(D) Any supplier, INCLUDING AN INDIVIDUAL AUTHORIZED 2,382
UNDER THIS CHAPTER TO PRACTICE MEDICINE AND SURGERY OR
OSTEOPATHIC MEDICINE AND SURGERY WHO IS A SUPPLIER, may advertise 2,383
to inform the general public of the price that the supplier 2,385
charges for any vision correcting item, device, or procedure. An 2,386
advertisement of that nature shall indicate whether the price 2,387
includes a correcting item, device, or procedure. An 2,388
advertisement of that nature shall indicate whether the price 2,389
includes one or more of SPECIFY the following: 2,390
(1) An WHETHER THE PRICE INCLUDES AN eye examination; 2,392
(2) In the case of lenses, WHETHER THE PRICE APPLIES TO 2,394
single-vision or multifocal lenses; 2,396
(3) In the case of contact lenses, hard WHETHER THE PRICE 2,398
APPLIES TO RIGID or soft lenses AND WHETHER THERE IS AN 2,399
ADDITIONAL CHARGE RELATED TO THE FITTING AND DETERMINATION OF THE 2,400
TYPE OF CONTACT LENSES TO BE WORN THAT IS NOT INCLUDED IN THE 2,401
PRICE OF THE EYE EXAMINATION.
(E) The state medical board shall not adopt any rule that 2,403
restricts the right to advertise as permitted by DIVISION (D) OF 2,405
50
this section.
(F) Any municipal corporation code, ordinance, or 2,407
regulation or any township resolution that conflicts with a 2,408
supplier's right to advertise as permitted by DIVISION (D) OF 2,409
this section is superseded by DIVISION (D) OF this section and is 2,411
invalid. A municipal corporation code, ordinance, or regulation 2,412
or a township resolution conflicts with DIVISION (D) OF this 2,413
section if it restricts a supplier's right to advertise as 2,414
permitted by DIVISION (D) OF this section. 2,415
Sec. 5903.12. (A) As used in this section: 2,424
(1) "Continuing education" means continuing education 2,426
required of a licensee by law and includes, but is not limited 2,427
to, the continuing education required of licensees under sections 2,428
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24, 2,429
4725.10 4725.16, 4725.51, 4731.281, 4735.141, 4736.11, 4741.16, 2,431
4741.19, 4751.07, 4755.63, 4757.33, 4759.06, 4761.06, and 4763.07 2,433
of the Revised Code.
(2) "License" means a license, certificate, permit, or 2,435
other authorization issued or conferred by a licensing agency 2,436
under which a licensee may engage in a profession, occupation, or 2,437
occupational activity. 2,438
(3) "Licensee" means a person to whom all of the following 2,440
apply: 2,441
(a) The person has been issued a license by a licensing 2,443
agency. 2,444
(b) The person is a member of the Ohio national guard, the 2,446
Ohio military reserve, the Ohio naval militia, or a reserve 2,447
component of the armed forces of the United States. 2,448
(c) The person has been called to active duty, whether 2,450
inside or outside the United States, because of an executive 2,452
order issued by the president of the United States or an act of 2,453
congress, for a period in excess of thirty-one days. 2,454
(4) "Licensing agency" means any state department, 2,456
division, board, commission, agency, or other state governmental 2,457
51
unit authorized by the Revised Code to issue a license. 2,458
(5) "Reporting period" means the period of time during 2,460
which a licensee must complete the number of hours of continuing 2,461
education required of the licensee by law. 2,462
(B) Each licensing agency, upon receiving an application 2,464
from one of its licensees that is accompanied by proper 2,465
documentation certifying that the licensee has been called to 2,466
active duty as described in division (A)(3)(c) of this section 2,468
during the current or a prior reporting period and certifying the 2,469
length of that active duty, shall extend the current reporting 2,470
period by an amount of time equal to the total number of months 2,471
that the licensee spent on active duty during the current 2,472
reporting period. For purposes of this division, any portion of 2,473
a month served on active duty shall be considered one full month. 2,474
Section 2. That existing sections 4725.01, 4725.02, 2,477
4725.03, 4725.04, 4725.05, 4725.06, 4725.07, 4725.08, 4725.09, 2,478
4725.091, 4725.10, 4725.11, 4725.111, 4725.112, 4725.113, 2,479
4725.114, 4725.12, 4725.13, 4725.14, 4725.15, 4725.16, 4725.17, 2,480
4725.18, 4725.21, 4725.59, 4725.60, 4725.99, 4729.29, 4729.51, 2,481
4731.44, and 5903.12 of the Revised Code are hereby repealed. 2,482