As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 553 5
1997-1998 6
REPRESENTATIVES COUGHLIN-LOGAN-HOOD-WACHTMANN-PATTON-SALERNO- 8
BRADING-MYERS-O'BRIEN-MOTTLEY-GARCIA-HOUSEHOLDER- SENATORS 10
DRAKE-SUHADOLNIK
_________________________________________________________________ 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, 4729.60, 4731.44, and 5903.12; to amend,
for the purpose of adopting new section numbers 20
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, 4729.60, 41
4731.44, and 5903.12 be amended; sections 4725.08 (4725.12), 42
4725.09 (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 4725.09 200
4725.13 of the Revised Code authorizing the holder to practice 202
optometry as provided in division (A)(1) of this section. 203
(G)(H) "Topical ocular pharmaceutical agents certificate" 205
means a certificate issued by the state board of optometry under 206
section 4725.09 4725.13 of the Revised Code authorizing the 207
holder to practice optometry as provided in division (A)(2) of 209
this section. 210
(H)(I) "Therapeutic pharmaceutical agents certificate" 212
means a certificate issued by the state board of optometry under 213
division (A)(3) or (4) of section 4725.09 4725.13 of the Revised 215
Code authorizing the holder to practice optometry as provided in 216
division (A)(3) of this section. 217
Sec. 4725.02. (A) No EXCEPT AS PROVIDED IN SECTION 226
4725.26 OF THE REVISED CODE, NO person shall engage in the 227
practice of optometry or hold himself out as a practitioner of 228
optometry, or attempt to determine, INCLUDING THE DETERMINATION 230
OF the kind of glasses PROCEDURE, TREATMENT, OR OPTICAL 231
ACCESSORIES needed by any A person, or hold himself out as a 233
licensed optometrist when not so licensed, or hold himself out as 235
able to examine THE EXAMINATION OF the eyes of any person for the 237
purpose of fitting the same with glasses, excepting those 238
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exempted under section 4725.14 of the Revised Code OPTICAL 239
ACCESSORIES, unless he has first fulfilled the requirements of 241
sections 4725.01 to 4725.21 of the Revised Code, and has received 242
THE PERSON HOLDS a CURRENT, VALID certificate of licensure from 244
the state board of optometry. No person shall represent that he 245
is CLAIM TO BE the lawful holder of a certificate of licensure 247
such as is provided for in those sections, when in fact he THE 248
PERSON is not such lawful holder, or impersonate any licensed 251
practitioner of optometry OPTOMETRIST.
(B) No optometrist shall administer topical ocular 253
pharmaceutical agents unless he THE OPTOMETRIST holds a valid 254
topical ocular pharmaceutical agents certificate or therapeutic 256
pharmaceutical agents certificate and fulfills the other 257
requirements of this chapter. 258
(C) No optometrist shall practice optometry as described 260
in division (A)(3) of section 4725.01 of the Revised Code unless 261
he THE OPTOMETRIST holds a valid therapeutic pharmaceutical 262
agents certificate. 263
(D)(1) As used in this division, "dispense" has the same 265
meaning as in section 3719.01 of the Revised Code. 266
(2) No optometrist shall dispense PERSONALLY FURNISH a 268
therapeutic pharmaceutical agent to any person, except that a 270
licensed optometrist who holds a therapeutic pharmaceutical 271
agents certificate may dispense PERSONALLY FURNISH a therapeutic 272
pharmaceutical agent to a patient if no charge is imposed for the 274
therapeutic pharmaceutical agent or for dispensing FURNISHING it 275
and the amount dispensed FURNISHED does not exceed a seventy-two 277
hour supply, except that if the minimum available quantity for 279
dispensing OF THE AGENT is greater than a seventy-two hour 281
supply, the optometrist may dispense FURNISH the minimum 283
available quantity.
(E)(1) As used in this division: 285
(a) "Regional advertisement" means an advertisement 287
published in more than one standard metropolitan statistical area 288
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in this state or broadcast by radio or television stations in 289
more than one standard metropolitan statistical area in this 290
state. 291
(b) "National advertisement" means an advertisement 293
published in one or more periodicals or broadcast by one or more 294
radio or television stations in this state and also published in 295
one or more periodicals or broadcast by one or more radio or 296
television stations in another state. 297
(2) The board shall not require any person that sells 299
optical goods at more than one location to list in any regional 300
or national advertisement the name of the licensed optometrist 301
practicing at a specific location, provided that in addition to 302
the requirement in division (B) of section 4725.09 of the Revised 303
Code, the name of the optometrist is prominently displayed at 304
such location. 305
Sec. 4725.03. The governor, with the advice and consent of 314
the senate, shall appoint a state board of optometry consisting 315
of six nonmedical citizens RESIDENTS of this state, five of whom 316
shall be persons actually engaged in the practice of optometry 318
for five years preceding appointment and one of whom shall be a 319
member of the public at least sixty years of age. Terms of 320
office shall be five years, commencing on the twenty-sixth day of 321
September and ending on the twenty-fifth day of September. Each 322
member shall hold office from the date of his appointment until 323
the end of the term for which he was appointed. Any member 324
appointed to fill a vacancy occurring prior to the expiration of 325
the term for which his THE MEMBER'S predecessor was appointed 326
shall hold office for the remainder of such THE term. Any A 328
member shall continue in office subsequent to the expiration date 330
of his THE MEMBER'S term until his THE MEMBER'S successor takes 331
office, or until a period of sixty days has elapsed, whichever 332
occurs first. NO 333
No person so appointed shall serve AS A MEMBER FOR more 335
than two terms. 336
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Sec. 4725.04. The state board of optometry shall organize 345
by the election of a president and a secretary from its members, 346
who shall hold their respective offices for one year. 347
It THE BOARD shall hold regular meetings for examination TO 350
PERFORM ITS REGULAR DUTIES at least twice FOUR TIMES each year, 351
and additional meetings at such times and places as it 353
determines. At least one meeting OF THE BOARD'S REGULAR MEETINGS 354
shall be held in Columbus. The BOARD MAY HOLD ADDITIONAL 355
MEETINGS AS IT CONSIDERS NECESSARY. THE time and place of any 356
examination REGULAR OR OTHER MEETING shall be fixed and published 358
by the board at least sixty THIRTY days prior to the date that it 360
is to be held, EXCEPT WHEN THE MEETING TO BE HELD IS AN EMERGENCY 361
OR SPECIAL MEETING, IN WHICH CASE THE BOARD SHALL GIVE
TWENTY-FOUR HOURS' NOTICE OR AS MUCH NOTICE AS POSSIBLE UNDER THE 362
CIRCUMSTANCES.
A majority of the board constitutes a quorum, but a lesser 364
number may adjourn from time to time. 365
The board shall make rules governing the practice of 367
optometry and such other rules as are necessary to carry out 368
sections 4725.01 to 4725.21 of the Revised Code. Concurrence of 369
a majority of the members of the board is required to grant or to 370
revoke a license. 371
In accordance with Chapter 119. of the Revised Code, the 373
board, in consultation with the state board of pharmacy, shall 374
adopt a rule specifying oral dosages of drugs or dangerous drugs 375
that are therapeutic pharmaceutical agents under division (C)(3) 376
of section 4725.01 of the Revised Code. 377
Sec. 4725.05. THE STATE BOARD OF OPTOMETRY SHALL EMPLOY AN 386
EXECUTIVE DIRECTOR. Before entering upon the discharge of the 387
OFFICIAL duties of his office, the secretary of the state board 389
of optometry EXECUTIVE DIRECTOR shall give a bond, to be approved 390
by the board, in the sum of two thousand dollars conditioned for 392
the faithful discharge of the duties of his THE office. The 393
premium for such bond shall be paid as are other expenditures of 395
9
the board. Such THE bond, with the approval of the board and 397
oath of office indorsed thereon, shall be deposited with the 398
secretary of state and kept in his THE SECRETARY OF STATE'S 399
office.
The board may employ such assistants, inspectors, 401
investigators, and clerical help as are necessary to administer 402
and enforce sections 4725.01 to 4725.21 4725.34 of the Revised 403
Code, the expenses thereof to be charged and paid as other 405
expenditures of the board. 406
All receipts of the state board of optometry, from any 408
source, shall be deposited in the state treasury to the credit of 409
the occupational licensing and regulatory fund. 410
Sec. 4725.06. Each member of the state board of optometry 419
shall receive an amount fixed pursuant to division (J) of section 420
124.15 of the Revised Code for each day actually employed in the 421
discharge of the official duties of the member, and the necessary 422
expenses of the member.
The secretary EXECUTIVE DIRECTOR of the board shall receive 424
reimbursement for necessary expenses incurred by the secretary in 426
the discharge of the secretary's EXECUTIVE DIRECTOR'S official 427
duties. 428
All vouchers of the board shall be approved by the board 430
president or executive secretary DIRECTOR, or both, as authorized 432
by the board.
Sec. 4725.07. The state board of optometry shall adopt a 441
seal and certificate of suitable design and shall keep a record 442
of its proceedings, a register of persons who have received 443
certificates of licensure, a register of licensed optometrists 444
who have received topical ocular pharmaceutical agents 445
certificates, a register of licensed optometrists who have 446
received therapeutic pharmaceutical agents certificates, and a 447
register of licenses and PERSONS WHO HAVE BEEN SUBJECT TO THE 448
BOARD'S REVOCATION OF ANY OF THOSE certificates it revokes. 449
The board shall have an office at IN Columbus, where 451
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examinations may be held and where all its permanent records 452
shall be kept. The board may make requisition upon the proper 453
state officials for office rooms and supplies, including 454
stationery and furniture. All printing and binding necessary for 455
the work of the board shall be done upon an order issued by the 456
board through its president and secretary EXECUTIVE DIRECTOR to 457
the department of administrative services. 459
The EXCEPT AS PROVIDED IN DIVISION (C) OF SECTION 4725.22 461
AND DIVISION (C) OF SECTION 4725.23 OF THE REVISED CODE, THE 462
records of the board, INCLUDING ITS REGISTERS, shall be open to 463
public inspection at all reasonable times, and it shall keep on 465
file all examination papers for a period of ninety days after 466
each examination. A transcript COPY of an entry in such records, 467
certified by the secretary EXECUTIVE DIRECTOR under the seal of 469
the board, shall be prima-facie evidence of the facts therein 471
stated.
The board annually, on or before the first day of February, 473
shall make a report to the governor of all its official acts 474
during the preceding year, its receipts and disbursements, and a 475
complete report of the conditions of optometry in this state. 476
Sec. 4725.08. IN THE ABSENCE OF FRAUD OR BAD FAITH, THE 479
STATE BOARD OF OPTOMETRY, A CURRENT OR FORMER BOARD MEMBER, AN
AGENT OF THE BOARD, A PERSON FORMALLY REQUESTED BY THE BOARD TO 482
BE THE BOARD'S REPRESENTATIVE, OR AN EMPLOYEE OF THE BOARD SHALL 484
NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON AS THE RESULT OF ANY 486
ACT, OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO 487
OFFICIAL DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO SECTIONS 488
4725.01 TO 4725.34 OF THE REVISED CODE. IF ANY SUCH PERSON ASKS 489
TO BE DEFENDED BY THE STATE AGAINST ANY CLAIM OR ACTION ARISING 491
OUT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR DECISION 492
RELATED TO THE PERSON'S OFFICIAL DUTIES, AND IF THE REQUEST IS 493
MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL AND THE PERSON 494
REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE DEFENSE OF THE 495
CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY FOR THE PERSON'S 496
11
DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT, COMPROMISE, OR 497
SETTLEMENT. AT NO TIME SHALL THE STATE PAY ANY PART OF A CLAIM 498
OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY DAMAGES. 499
Sec. 4725.09. (A) THE STATE BOARD OF OPTOMETRY SHALL 501
ADOPT RULES AS IT CONSIDERS NECESSARY TO GOVERN THE PRACTICE OF 502
OPTOMETRY AND TO ADMINISTER AND ENFORCE SECTIONS 4725.01 TO 503
4725.34 OF THE REVISED CODE. ALL RULES ADOPTED UNDER SECTIONS 505
4725.01 TO 4725.34 OF THE REVISED CODE SHALL BE ADOPTED IN 506
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 507
(B) THE BOARD, IN CONSULTATION WITH THE STATE BOARD OF 509
PHARMACY, SHALL ADOPT RULES SPECIFYING ORAL DOSAGES OF DRUGS OR 510
DANGEROUS DRUGS THAT ARE THERAPEUTIC PHARMACEUTICAL AGENTS UNDER 511
DIVISION (C)(3) OF SECTION 4725.01 OF THE REVISED CODE. 513
Sec. 4725.10. (A) THE STATE BOARD OF OPTOMETRY SHALL 518
EVALUATE SCHOOLS OF OPTOMETRY AND GRANT ITS APPROVAL TO SCHOOLS 519
THAT ADEQUATELY PREPARE THEIR GRADUATES FOR THE PRACTICE OF 520
OPTOMETRY IN THIS STATE. APPROVAL SHALL BE GRANTED ONLY BY AN 521
AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS OF THE BOARD. 522
(B) TO BE APPROVED BY THE BOARD, A SCHOOL OF OPTOMETRY 526
SHALL MEET AT LEAST THE FOLLOWING CONDITIONS: 527
(1) BE ACCREDITED BY A PROFESSIONAL OPTOMETRIC ACCREDITING 529
AGENCY RECOGNIZED BY THE BOARD; 530
(2) REQUIRE AS A PREREQUISITE TO ADMISSION TO THE SCHOOL'S 532
COURSES IN OPTOMETRY AT LEAST TWO ACADEMIC YEARS OF STUDY WITH 534
CREDITS OF AT LEAST SIXTY SEMESTER HOURS OR NINETY QUARTER HOURS 535
IN A COLLEGE OF ARTS AND SCIENCES ACCREDITED BY A POST-SECONDARY 537
EDUCATION ACCREDITING ORGANIZATION RECOGNIZED BY THE BOARD; 538
(3) REQUIRE A COURSE OF STUDY OF AT LEAST FOUR ACADEMIC 540
YEARS WITH CREDITS OF AT LEAST ONE HUNDRED THIRTY-FOUR SEMESTER 541
HOURS OR TWO HUNDRED QUARTER HOURS. 542
(C) THE BOARD MAY ESTABLISH STANDARDS FOR THE APPROVAL OF 545
SCHOOLS OF OPTOMETRY THAT ARE HIGHER THAN THE STANDARDS SPECIFIED 546
IN DIVISION (B) OF THIS SECTION. 547
Sec. 4725.11. (A) THE STATE BOARD OF OPTOMETRY SHALL 549
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ACCEPT AS THE EXAMINATION THAT MUST BE PASSED TO RECEIVE A 550
LICENSE TO PRACTICE OPTOMETRY IN THIS STATE THE EXAMINATION 551
PREPARED, ADMINISTERED, AND GRADED BY THE NATIONAL BOARD OF 552
EXAMINERS IN OPTOMETRY OR AN EXAMINATION PREPARED, ADMINISTERED, 553
AND GRADED BY ANOTHER PROFESSIONAL TESTING ORGANIZATION 554
RECOGNIZED BY THE BOARD AS BEING QUALIFIED TO EXAMINE APPLICANTS 555
FOR LICENSES TO PRACTICE OPTOMETRY IN THIS STATE. THE BOARD 556
SHALL PERIODICALLY REVIEW ITS ACCEPTANCE OF A LICENSING 557
EXAMINATION UNDER THIS SECTION TO DETERMINE IF THE EXAMINATION 558
AND THE ORGANIZATION OFFERING IT CONTINUE TO MEET STANDARDS THE 559
BOARD CONSIDERS APPROPRIATE. 560
(B) THE LICENSING EXAMINATION ACCEPTED BY THE BOARD UNDER 562
THIS SECTION MAY BE DIVIDED INTO PARTS AND OFFERED AS FOLLOWS: 564
(1) PART ONE: TESTS IN BASIC SCIENCE, HUMAN BIOLOGY, 567
OCULAR AND VISUAL BIOLOGY, THEORETICAL OPHTHALMIC, PHYSIOLOGICAL 568
OPTICS, AND PHYSIOLOGICAL PSYCHOLOGY; 569
(2) PART TWO: TESTS IN CLINICAL SCIENCE, SYSTEMIC 572
CONDITIONS, THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE, 573
REFRACTIVE OCULOMOTOR, SENSORY INTEGRATIVE CONDITIONS, PERCEPTUAL 574
CONDITIONS, PUBLIC HEALTH, THE LEGAL ISSUES REGARDING THE 575
CLINICAL PRACTICE OF OPTOMETRY, AND PHARMACOLOGY; 576
(3) PART THREE: TESTS IN PATIENT CARE AND MANAGEMENT, 579
CLINICAL SKILLS, AND THE VISUAL RECOGNITION AND INTERPRETATION OF 580
CLINICAL SIGNS.
(C) THE LICENSING EXAMINATION ACCEPTED BY THE BOARD MAY BE 583
OFFERED IN A MANNER OTHER THAN THE MANNER SPECIFIED IN DIVISION 584
(B) OF THIS SECTION, BUT IF OFFERED IN ANOTHER MANNER, THE 585
EXAMINATION MUST TEST THE PERSON SITTING FOR THE EXAMINATION IN 586
THE AREAS SPECIFIED IN DIVISION (B) OF THIS SECTION AND MAY TEST 587
THE PERSON IN OTHER AREAS.
THE BOARD MAY REQUIRE AS A CONDITION OF ITS ACCEPTANCE OF 589
AN EXAMINATION THAT THE EXAMINATION COVER SUBJECT MATTERS IN 590
ADDITION TO THOSE SPECIFIED IN DIVISION (B) OF THIS SECTION, IF 592
THE SCHOOLS OF OPTOMETRY IT APPROVES UNDER SECTION 4725.10 OF THE 593
13
REVISED CODE INCLUDE THE ADDITIONAL SUBJECT MATTERS IN THEIR 594
PRESCRIBED CURRICULUM.
(D) THE BOARD SHALL ACCEPT DIRECT DELIVERY OF THE RESULTS 597
OF THE LICENSING EXAMINATION FROM THE TESTING ORGANIZATION 598
ADMINISTERING THE EXAMINATION. THE RESULTS SHALL BE KEPT AS A 599
PERMANENT PART OF THE BOARD'S RECORDS MAINTAINED PURSUANT TO 600
SECTION 4725.07 OF THE REVISED CODE.
(E) ON REQUEST OF ANY PERSON SEEKING TO PRACTICE OPTOMETRY 603
IN THIS STATE, THE BOARD SHALL PROVIDE INFORMATION ON THE 604
LICENSING EXAMINATION ACCEPTED BY THE BOARD, INCLUDING 605
REQUIREMENTS THAT MUST BE MET TO BE ELIGIBLE TO SIT FOR THE 606
EXAMINATION AND THE DATES THE EXAMINATION IS OFFERED.
Sec. 4725.08 4725.12. (A) Each person who desires to 615
commence the practice of optometry IN THE STATE shall file with 617
the secretary EXECUTIVE DIRECTOR of the state board of optometry 619
a written application for the licensing examination. 620
Each A CERTIFICATE OF LICENSURE AND A THERAPEUTIC 622
PHARMACEUTICAL AGENTS CERTIFICATE. THE application for the 623
licensing examination shall be accompanied by the fee required 625
FEES SPECIFIED under section 4725.10 4725.34 of the Revised Code 627
and shall be filed with the secretary not more than sixty nor 628
less than thirty days prior to the day of any meeting at which 629
the applicable examination is to be held.
Each CONTAIN ALL INFORMATION THE BOARD CONSIDERS NECESSARY 631
TO DETERMINE WHETHER AN APPLICANT IS QUALIFIED TO RECEIVE THE 632
CERTIFICATES. THE application for the licensing examination 633
shall be MADE upon the form prescribed by the board and shall be 634
verified by the oath of the applicant. In addition, it shall 635
contain information and evidence satisfactory to the board 636
showing the eligibility of the applicant to take the examination. 637
(B) No person is eligible to take the licensing 639
examination unless he is TO RECEIVE A CERTIFICATE OF LICENSURE 640
AND A THERAPEUTIC PHARMACEUTICAL AGENTS CERTIFICATE, AN APPLICANT 641
MUST MEET ALL OF THE FOLLOWING CONDITIONS: 642
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(1) BE at least eighteen years of age,; 645
(2) BE of good moral character, has; 648
(3) COMPLETE satisfactorily completed a course of study of 651
at least six college years, and has graduated;
(4) GRADUATE from a school of optometry accredited 654
APPROVED by the board UNDER SECTION 4725.10 OF THE REVISED CODE; 655
provided that the school of optometry requires at least two 656
academic years of study with credits of at least sixty semester 657
hours or ninety quarter hours in a college of arts and sciences 658
accredited by the association of American universities or the 659
north central association of colleges and secondary schools or a 660
similar regional accrediting agency as a prerequisite to 661
admission to the courses in optometry; and additionally provided 662
that the school of optometry requires a course of study of at 663
least four academic years with credits of at least one hundred 664
thirty-four semester hours or two hundred quarter hours. No 665
school of optometry shall be accredited unless it is accredited 666
by the established professional optometric accrediting agency, 667
and no school of optometry shall be accredited except by an 668
affirmative vote of a majority of the members of the board. The 669
board may require higher standards for the accrediting of the 670
schools of optometry.
The (5) PASS THE licensing examination shall consist of 674
two parts ACCEPTED BY THE BOARD UNDER SECTION 4725.11 OF THE 675
REVISED CODE. Part one of the examination shall consist of tests 676
in practical, theoretical, and physiological optics, in 677
theoretical and practical optometry, in the anatomy and 678
physiology of the eye, in pathology, and in the optometric 679
aspects of whatever additional related social, physical, and 680
biological sciences are determined by the board to be appropriate 681
subject matters for examination, provided that the schools and 682
colleges approved by the board include such subject matters in 683
the prescribed curriculum. Part two of the examination shall be 684
a pharmacology examination and shall test the applicant's 685
15
knowledge derived from the course of study prescribed under 686
division (C) of this section.
The licensing examination shall be prepared, administered, 688
and graded by the national board of examiners in optometry or a 689
professionally qualified testing organization recognized by the 690
state board of optometry. 691
(C) The state board of optometry shall prescribe by rule 693
an eighty-seven clock-hour course of study and training to be 694
completed at an institution accredited by a regional or 695
professional accreditation organization that is recognized or 696
approved by the council on post-secondary accreditation or the 697
United States department of education or its successor. The 698
course of study and training shall include, but is not limited 699
to, instruction in general and ocular pharmacology, including the 700
nature of adverse reactions caused by pharmaceutical agents and 701
emergency steps to be taken in such cases; signs, symptoms, and 702
treatment of ocular disease, injury, or abnormality; ocular signs 703
and symptoms of systemic disease; appropriate criteria for 704
referrals to physicians; and cardiopulmonary resuscitation. 705
(D) No person shall be permitted by the board to take more 707
than four licensing examinations. 708
Sec. 4725.09 4725.13. (A) The state board of optometry, 718
BY AN AFFIRMATIVE VOTE OF A MAJORITY OF ITS MEMBERS, shall issue 720
certificates under its seal as provided in this division FOLLOWS: 721
(1) Every applicant who, prior to the effective date of 723
this amendment MAY 19, 1992, passed the licensing examination 725
then in effect, and who otherwise complies with sections 4725.01 726
to 4725.21 4725.34 of the Revised Code shall receive from the 727
board a certificate of licensure authorizing him THE HOLDER to 729
engage in the practice of optometry as provided in division 731
(A)(1) of section 4725.01 of the Revised Code. 732
(2) Every applicant who, prior to the effective date of 734
this amendment MAY 19, 1992, passed the general and ocular 736
pharmacology examination then in effect, and who otherwise 737
16
complies with sections 4725.01 to 4725.21 4725.34 of the Revised 739
Code, shall receive from the board a separate topical ocular 740
pharmaceutical agents certificate authorizing him THE HOLDER to 742
administer topical ocular pharmaceutical agents as provided in 743
division (A)(2) of section 4725.01 of the Revised Code and in 744
accordance with sections 4725.01 to 4725.21 4725.34 of the 745
Revised Code.
(3) Every applicant who holds a valid certificate of 747
licensure, ISSUED PRIOR TO MAY 19, 1992, AND meets the 749
requirements of section 4725.091 4725.14 of the Revised Code, and 750
passes part two of the licensing examination shall receive from 751
the board a separate therapeutic pharmaceutical agents 752
certificate authorizing him THE HOLDER to engage in the practice 754
of optometry as provided in division (A)(3) of section 4725.01 of 755
the Revised Code.
(4) Every applicant who, ON OR AFTER MAY 19, 1992, passes 758
ALL parts one and two of the licensing examination ACCEPTED BY 759
THE BOARD UNDER SECTION 4725.11 OF THE REVISED CODE and otherwise 760
complies with the requirements of sections 4725.01 to 4725.21 761
4725.34 of the Revised Code shall receive from the board a 763
certificate of licensure authorizing him THE HOLDER to engage in 764
the practice of optometry as provided in division (A)(1) of 766
section 4725.01 of the Revised Code and a separate therapeutic 767
pharmaceutical agents certificate authorizing him THE HOLDER to 768
engage in the practice of optometry as provided in division 770
(A)(3) of that section.
(B) Each certificate of licensure, each topical ocular 772
pharmaceutical agents certificate, and each therapeutic 773
pharmaceutical agents certificate shall be registered by the 774
secretary of the board in accordance with section 4725.07 of the 775
Revised Code. The register shall be open to public inspection 776
and a certified copy of that record shall be received as 777
prima-facie evidence in all courts in the trial of any case. 778
Each person to whom a certificate is issued by the board shall 779
17
keep the certificate displayed in a conspicuous place in the 780
location at which that person practices optometry and shall 781
whenever required exhibit the certificate to any member or agent 782
of the board. IF AN OPTOMETRIST 783
(C) Peddling from door to door, or the establishment of 785
temporary offices, is specifically forbidden under penalty of 786
revocation of the certificate of licensure. If any person 787
practices optometry outside of or away from the location at which 788
his THE OPTOMETRIST'S certificate of licensure is displayed, he 790
THE OPTOMETRIST shall deliver to each person, examined or fitted 791
with glasses OPTICAL ACCESSORIES by him THE OPTOMETRIST, a 793
certificate RECEIPT signed by him THE OPTOMETRIST in which he THE 795
OPTOMETRIST shall set forth the amounts charged, his THE 797
OPTOMETRIST'S post-office address, and the number of his ASSIGNED 798
TO THE OPTOMETRIST'S certificate of licensure. THE INFORMATION 799
MAY BE PROVIDED AS PART OF A PRESCRIPTION GIVEN TO THE PERSON. 800
Each person to whom any certificate has been issued by the 802
board under division (A) of this section, before practicing as 803
authorized by the certificate, shall register it in the office of 804
the clerk of the court of common pleas in each county in which he 805
proposes to practice and shall pay such fee as may be chargeable. 806
The clerk shall keep a certificate registration book in which he 807
promptly shall register each certificate for which the fee is 808
paid. Any failure, neglect, or refusal to register a certificate 809
for a period of ninety days after its issuance or from the date 810
of removal of the holder's practice to a county other than the 811
one in which the certificate is registered shall automatically 812
work the suspension of the certificate, and it shall not be 813
restored except upon written application, together with the 814
payment of a fee of twenty-five dollars, to the board. (C) A 816
PERSON WHO, ON MAY 19, 1992, HOLDS A VALID CERTIFICATE OF 818
LICENSURE OR TOPICAL OCULAR PHARMACEUTICAL AGENTS CERTIFICATE 819
ISSUED BY THE BOARD MAY CONTINUE TO ENGAGE IN THE PRACTICE OF 821
OPTOMETRY AS PROVIDED BY THE CERTIFICATE OF LICENSURE OR TOPICAL 822
18
OCULAR PHARMACEUTICAL AGENTS CERTIFICATE IF THE PERSON CONTINUES 823
TO COMPLY WITH SECTIONS 4725.01 TO 4725.34 OF THE REVISED CODE AS 824
REQUIRED BY THE CERTIFICATE OF LICENSURE OR TOPICAL OCULAR 825
PHARMACEUTICAL AGENTS CERTIFICATE.
Sec. 4725.091 4725.14. (A) A person who, on the effective 834
date of this section, holds a valid certificate of licensure or 838
topical ocular pharmaceutical agents certificate issued by the
state board of optometry may continue to engage in the practice 839
of optometry as provided by the certificate of licensure or 840
topical ocular pharmaceutical agents certificate provided he 841
continues to comply with sections 4725.01 to 4725.21 of the 842
Revised Code as required by his certificate of licensure or 843
topical ocular pharmaceutical agents certificate. 844
(B) The board shall issue a therapeutic pharmaceutical 846
agents certificate under division (A)(3) of section 4725.09 of 847
the Revised Code to any optometrist who holds a certificate of 848
licensure issued by the board and meets the requirements of 849
divisions (C) and (E) of this section not later than five years 850
after the effective date of this section. 851
(C)(1) A licensed THE FOLLOWING APPLY TO AN optometrist 853
LICENSED ON OR BEFORE MAY 19, 1992, WHO IS seeking a therapeutic 855
pharmaceutical agents certificate under division (A)(3) of 856
section 4725.09 4725.13 of the Revised Code who: 857
(1) IF THE OPTOMETRIST does not hold a valid topical 860
ocular pharmaceutical agents certificate, THE OPTOMETRIST shall 861
complete the course of study in general and ocular pharmacology 862
prescribed by the board under division (C)(B)(1) of THIS section 863
4725.08 of the Revised Code, A THREE CLOCK-HOUR COURSE IN 865
CARDIOPULMONARY RESUSCITATION, and pass part two THE PORTION of 866
the optometry licensing examination administered ACCEPTED by the 868
board under section 4725.08 4725.11 of the Revised Code THAT 870
PERTAINS TO THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE.
(2) A licensed IF THE optometrist seeking a therapeutic 872
pharmaceutical agents certificate issued under division (A)(3) of 873
19
section 4725.09 of the Revised Code who holds a valid topical 874
ocular pharmaceutical agents certificate, THE OPTOMETRIST shall 875
complete a thirty clock-hour THE course of study in general and 877
ocular pharmacology in accordance with PRESCRIBED UNDER division 879
(D) (B)(2) of this section and pass part two THE PORTION of the 882
optometry licensing examination administered ACCEPTED by the
board under section 4725.08 4725.11 of the Revised Code THAT 884
PERTAINS TO THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE. 885
(D)(B) The board shall prescribe by rule the course 887
FOLLOWING COURSES of study provided for by division (C)(2) of 889
this section. The:
(1) AN EIGHTY-SEVEN CLOCK-HOUR COURSE OF STUDY TO BE 891
COMPLETED AT AN INSTITUTION ACCREDITED BY A POST-SECONDARY 892
EDUCATION ACCREDITING ORGANIZATION RECOGNIZED BY THE BOARD. THE 893
COURSE OF STUDY SHALL INCLUDE INSTRUCTION IN AT LEAST THE 895
FOLLOWING:
(a) GENERAL AND OCULAR PHARMACOLOGY, INCLUDING THE NATURE 898
OF ADVERSE REACTIONS CAUSED BY PHARMACEUTICAL AGENTS AND
EMERGENCY STEPS TO BE TAKEN IN SUCH CASES; 899
(b) SIGNS, SYMPTOMS, AND TREATMENT OF OCULAR DISEASE, 902
INJURY, OR ABNORMALITY;
(c) OCULAR SIGNS AND SYMPTOMS OF SYSTEMIC DISEASE; 905
(d) APPROPRIATE CRITERIA FOR REFERRALS TO PHYSICIANS. 908
(2) A THIRTY CLOCK-HOUR course of study shall emphasize 911
THAT EMPHASIZES the treatment of ocular disease and shall TO be 913
completed at an institution accredited by a regional or
professional POST-SECONDARY EDUCATION accreditation organization 914
that is recognized or approved by the council on post-secondary 916
accreditation or the United States department of education or its 917
successor BY THE BOARD. 918
(E) An optometrist who has completed the appropriate 920
course of study under divisions (C) and (D) of this section may 921
apply to the board to take part two of the licensing examination. 922
Each application shall be on the form prescribed by the board and 923
20
shall be verified by the oath of the applicant. It shall contain 924
information and evidence satisfactory to the board showing the 925
eligibility of the applicant to take part two of the examination 926
and shall be accompanied by the fee required by section 4725.10 927
of the Revised Code. In addition to the examination dates the 928
board sets for applicants under division (A)(4) of section 929
4725.09 of the Revised Code, the board shall set dates on which 930
part two of the examination may be taken by applicants under 931
division (A)(3) of that section. No optometrist shall be 932
permitted by the board to take part two of the examination more 933
than four times. 934
Sec. 4725.15. IF THE STATE BOARD OF OPTOMETRY RECEIVES 936
NOTICE UNDER DIVISION (D) OF SECTION 4725.11 OF THE REVISED CODE 938
THAT AN APPLICANT HAS FAILED FOUR TIMES THE LICENSING EXAMINATION 939
OR PART OF THE EXAMINATION THAT MUST BE PASSED PURSUANT TO 940
SECTION 4725.12 OR 4725.14 OF THE REVISED CODE, THE BOARD SHALL 942
NOT GIVE FURTHER CONSIDERATION TO THE APPLICATION UNTIL THE 943
APPLICANT COMPLETES THIRTY HOURS OF REMEDIAL TRAINING APPROVED BY 944
THE BOARD IN THE SPECIFIC SUBJECT AREA OR AREAS COVERED BY THE 945
EXAMINATION OR PART OF THE EXAMINATION THAT WAS FAILED.
Sec. 4725.10 4725.16. (A) The EACH CERTIFICATE OF 955
LICENSURE, TOPICAL OCULAR PHARMACEUTICAL AGENTS CERTIFICATE, AND 956
THERAPEUTIC PHARMACEUTICAL AGENTS CERTIFICATE ISSUED BY THE state 958
board of optometry shall charge one hundred ten dollars for each 959
registration and licensing examination. For a licensed 960
optometrist taking only part two of the examination, the board 961
shall charge thirty-five dollars EXPIRE ANNUALLY ON THE LAST DAY 963
OF DECEMBER, AND MAY BE RENEWED IN ACCORDANCE WITH THIS SECTION 964
AND THE STANDARD RENEWAL PROCEDURE ESTABLISHED UNDER CHAPTER 965
4745. OF THE REVISED CODE. 966
(B) All licensed optometrists shall be required annually 968
to accomplish a COMPLETE continuing education program in subjects 970
relating to the practice of the profession of optometry, to the 971
end that the utilization and application of new techniques, 972
21
scientific and clinical advances, and the achievements of 973
research will assure comprehensive care to the public. The board 974
shall prescribe by rule a THE continuing OPTOMETRIC education 975
program for THAT licensed optometrists to meet this requirement 977
MUST COMPLETE. The length of study shall be determined by the 979
board but shall be not less than six nor more than twenty-five 980
clock hours during the twelve months ending on the last day of 981
September EACH YEAR, except that the board shall prescribe an 982
additional three FIVE clock hours of instruction in pharmacology 983
to be completed by optometrists who hold topical ocular 985
pharmaceutical agents certificates or therapeutic pharmaceutical 986
agents certificates. At 987
UNLESS THE CONTINUING EDUCATION REQUIRED UNDER THIS 989
DIVISION IS WAIVED OR DEFERRED UNDER DIVISION (D) OF THIS 990
SECTION, THE CONTINUING EDUCATION MUST BE COMPLETED DURING THE 991
TWELVE-MONTH PERIOD BEGINNING ON THE FIRST DAY OF OCTOBER AND 993
ENDING ON THE LAST DAY OF SEPTEMBER. IF THE BOARD RECEIVES 994
NOTICE FROM A CONTINUING EDUCATION PROGRAM INDICATING THAT AN 995
OPTOMETRIST COMPLETED THE PROGRAM AFTER THE LAST DAY OF 996
SEPTEMBER, AND THE OPTOMETRIST WANTS TO USE THE CONTINUING
EDUCATION COMPLETED AFTER THAT DAY TO RENEW THE LICENSE THAT 997
EXPIRES ON THE LAST DAY OF DECEMBER OF THAT YEAR, THE OPTOMETRIST 999
SHALL PAY THE PENALTY SPECIFIED UNDER SECTION 4725.34 OF THE 1,000
REVISED CODE FOR LATE COMPLETION OF CONTINUING EDUCATION. 1,001
AT least once annually, the board shall mail to each 1,004
licensed optometrist a list of courses approved in accordance 1,005
with standards prescribed by board rule. Upon the request of a 1,006
licensed optometrist, the secretary EXECUTIVE DIRECTOR of the 1,007
board shall supply a list of additional courses which THAT the 1,008
board has approved subsequent to the most recent mailing of the 1,010
list of approved courses. 1,011
(C) Annually, by the first day of October NOVEMBER, the 1,014
board shall mail to each licensed optometrist a notice REGARDING 1,015
LICENSE RENEWAL and AN application for approval for LICENSE 1,017
22
renewal of his certificate of licensure. The application shall 1,019
be in such form and require such pertinent professional 1,020
biographical data as the board may require; except that it shall 1,021
include evidence of compliance with. FILING OF THE APPLICATION 1,022
WITH THE BOARD SHALL SERVE AS NOTICE BY THE OPTOMETRIST THAT the 1,023
continuing OPTOMETRIC education requirement set forth in this 1,024
division and prescribed by board rule HAS BEEN SUCCESSFULLY 1,026
COMPLETED. The licensee shall complete the application and 1,027
return it to the board by the twentieth day of October. 1,028
If the board finds that the optometrist has not been 1,030
licensed or that such licensure has been revoked or placed under 1,031
suspension, or that he has not accomplished COMPLETED the 1,032
prescribed requirement of REQUIRED continuing optometric 1,034
education, the board shall disapprove his THE OPTOMETRIST'S 1,036
application except when an application for reinstatement has been 1,038
approved under this section. All other applications shall be 1,039
approved. An THE BOARD SHALL REFUSE TO ACCEPT AN APPLICATION FOR 1,040
RENEWAL FROM ANY APPLICANT WHOSE LICENSE IS NOT IN GOOD STANDING 1,041
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 1,044
shall be effective without a hearing unless a hearing is 1,046
requested pursuant to section 119.06 CHAPTER 119. of the Revised 1,047
Code. An appeal under section 119.12 of the Revised Code from an 1,048
order of disapproval shall operate as a suspension of the order 1,049
and the optometrist's certificate of licensure shall remain in 1,050
effect until adjudication of the appeal. A copy of the order of 1,051
disapproval of application NOTICE OF THE APPLICANT'S FAILURE TO 1,053
QUALIFY FOR RENEWAL shall be served upon the optometrist 1,054
APPLICANT by mailing it to him MAIL, WHICH SHALL BE SENT on or 1,056
before the fifteenth day of November at his TO THE address shown 1,058
in his application THE BOARD'S RECORDS. 1,059
Except as otherwise provided in division (C) of this 1,061
section 1,062
23
(D) IN CASES OF CERTIFIED ILLNESS OR UNDUE HARDSHIP, the 1,064
board may waive or defer for up to twelve months the requirement 1,066
of continuing optometric education in cases of certified illness 1,067
or undue hardship, EXCEPT THAT IN SUCH CASES THE BOARD MAY NOT 1,068
WAIVE OR DEFER THE CONTINUING EDUCATION IN PHARMACOLOGY REQUIRED 1,069
TO BE COMPLETED BY OPTOMETRISTS WHO HOLD TOPICAL OCULAR
PHARMACEUTICAL AGENTS CERTIFICATES OR THERAPEUTIC PHARMACEUTICAL 1,070
AGENTS CERTIFICATES. The board shall waive the requirement of 1,072
continuing optometric education for any optometrist who is 1,073
serving in the armed forces of the United States or who has 1,074
passed his examination for a RECEIVED AN INITIAL certificate of 1,075
licensure during the nine-month period which ended on the last 1,076
day of September.
Every registered (E) AN optometrist who desires to 1,078
continue the practice of optometry and whose application for 1,080
approval for LICENSE renewal has been approved by the board MAY 1,081
RENEW EACH CERTIFICATE HELD BY PAYING THE FEES FOR RENEWAL 1,082
SPECIFIED UNDER SECTION 4725.34 OF THE REVISED CODE. THE 1,083
OPTOMETRIST shall pay, annually THE FEES ON OR before the first 1,085
day of January, to the treasurer of state a renewal registration 1,086
fee of one hundred ten dollars, for which he. ON PAYMENT OF THE 1,087
RENEWAL FEES, THE BOARD shall receive ISSUE a renewal of his THE 1,088
OPTOMETRIST'S certificate of licensure, TOPICAL OCULAR 1,089
PHARMACEUTICAL AGENTS CERTIFICATE, AND THERAPEUTIC PHARMACEUTICAL 1,090
AGENTS CERTIFICATE, AS APPROPRIATE. All certificates of 1,092
licensure shall be renewed according to this section and sections 1,093
4745.01 to 4745.03 of the Revised Code. A
(F) A notice and application for renewal shall be sent to 1,096
every registered LICENSED optometrist who has been approved for 1,097
renewal by the board, whether a resident or not FAILS TO RESPOND 1,099
TO THE NOTICE PROVIDED UNDER DIVISION (C) OF THIS SECTION, at his 1,100
THE OPTOMETRIST'S last address, at least one month in advance of 1,102
the date of expiration, and a. A second notice shall be sent in 1,104
advance of the date of expiration and prior to any forfeiture 1,105
24
action UNDER DIVISION (G) OF THIS SECTION TO CLASSIFY THE 1,106
OPTOMETRIST'S CERTIFICATES AS DELINQUENT, to every optometrist 1,107
failing to respond to the first PRECEDING notice. The 1,108
(G)(1) THE failure of any person who is a regularly 1,111
licensed AN optometrist to be approved APPLY for LICENSE renewal 1,112
by the board or THE FAILURE to pay his THE APPLICABLE annual 1,113
renewal registration fee in advance FEES on or before the last 1,115
day of December of each year, shall automatically work a 1,116
forfeiture of his license THE OPTOMETRIST'S AUTHORITY TO PRACTICE 1,117
OPTOMETRY IN THIS STATE. THE CERTIFICATES ISSUED BY THE BOARD TO 1,118
THE INDIVIDUAL SHALL BE CLASSIFIED IN THE BOARD'S RECORDS AS
DELINQUENT. 1,119
(2) Any optometrist whose license has been revoked under 1,122
this section shall not be reinstated except upon SUBJECT TO 1,123
DELINQUENT CLASSIFICATION MAY SUBMIT A written application to the 1,126
board, submission FOR REINSTATEMENT. FOR REINSTATEMENT TO OCCUR, 1,127
THE APPLICANT MUST MEET ALL OF THE FOLLOWING CONDITIONS:
(a) SUBMIT to the board of evidence of compliance with 1,130
board rules requiring continuing optometric education in a
sufficient number of hours to make up for any delinquent 1,131
compliance, approval for renewal by the board, and payment of; 1,132
(b) PAY all delinquent annual registration RENEWAL fees 1,135
and in addition thereto the sum of seventy-five dollars to cover 1,137
costs of THE PENALTY FOR reinstatement SPECIFIED UNDER SECTION 1,138
4725.34 OF THE REVISED CODE;
(c) PASS ALL OR PART OF THE LICENSING EXAMINATION ACCEPTED 1,141
BY THE BOARD UNDER SECTION 4725.11 OF THE REVISED CODE AS THE 1,142
BOARD CONSIDERS APPROPRIATE TO DETERMINE WHETHER THE APPLICATION 1,143
FOR REINSTATEMENT SHOULD BE APPROVED; 1,144
(d) IF THE APPLICANT HAS BEEN PRACTICING OPTOMETRY IN 1,146
ANOTHER STATE OR COUNTRY, SUBMIT EVIDENCE THAT THE APPLICANT'S 1,147
LICENSE TO PRACTICE OPTOMETRY IN THE OTHER STATE OR COUNTRY IS IN 1,149
GOOD STANDING.
(3) THE BOARD SHALL APPROVE AN APPLICATION FOR 1,151
25
REINSTATEMENT IF THE CONDITIONS SPECIFIED IN DIVISION (G)(2) OF 1,153
THIS SECTION ARE MET. AN OPTOMETRIST WHO RECEIVES REINSTATEMENT 1,154
IS SUBJECT TO THE CONTINUING EDUCATION REQUIREMENTS SPECIFIED 1,155
UNDER DIVISION (B) OF THIS SECTION FOR THE YEAR IN WHICH 1,156
REINSTATEMENT OCCURS. When the application for restoration of 1,157
the license is made, the compliance with the continuing 1,159
optometric education requirement is established, the application 1,160
for approval for renewal is approved by the board, and all 1,161
delinquent registration fees and penalties are paid, within three 1,162
years after the forfeiture, no examination shall be required; but 1,163
no license shall be restored on application therefor made more 1,164
than three years after the revocation unless the regular 1,165
licensing examination for applicants is passed. 1,166
(C) At least once annually the board shall mail to each 1,168
licensed optometrist who holds a topical ocular pharmaceutical 1,169
agents certificate or a therapeutic pharmaceutical agents 1,170
certificate a list of pharmacology courses approved in accordance 1,171
with standards prescribed by board rule. Upon the request of a 1,172
licensed optometrist so authorized, the secretary of the board 1,173
shall supply a list of additional courses that the board has 1,174
approved subsequent to the most recent mailing of the list of 1,175
approved courses. The board shall not waive the requirement for 1,176
continuing education in pharmacology. 1,177
The board, under rules adopted in accordance with Chapter 1,179
119. of the Revised Code, shall provide for verification of this 1,180
continuing education requirement; prescribe procedures for 1,181
renewal, suspension, revocation, and reinstatement of topical 1,182
ocular pharmaceutical agents certificates and therapeutic 1,183
pharmaceutical agents certificates; and establish fees for 1,184
renewal and reinstatement of those certificates. 1,185
Sec. 4725.17. (A) AN OPTOMETRIST WHO INTENDS NOT TO 1,187
CONTINUE PRACTICING OPTOMETRY IN THIS STATE DUE TO RETIREMENT OR 1,188
A DECISION TO PRACTICE IN ANOTHER STATE OR COUNTRY MAY APPLY TO 1,189
THE STATE BOARD OF OPTOMETRY TO HAVE THE CERTIFICATES ISSUED TO 1,190
26
THE OPTOMETRIST PLACED ON INACTIVE STATUS. APPLICATION FOR 1,191
INACTIVE STATUS SHALL CONSIST OF A WRITTEN NOTICE TO THE BOARD OF 1,193
THE OPTOMETRIST'S INTENTION TO NO LONGER PRACTICE IN THIS STATE. 1,194
THE BOARD MAY NOT ACCEPT AN APPLICATION SUBMITTED AFTER THE 1,195
APPLICANT'S CERTIFICATE OF LICENSURE AND ANY OTHER CERTIFICATES 1,196
HAVE EXPIRED. THE BOARD MAY APPROVE AN APPLICATION FOR PLACEMENT 1,197
ON INACTIVE STATUS ONLY IF THE APPLICANT'S CERTIFICATES ARE IN 1,199
GOOD STANDING AND THE APPLICANT IS NOT UNDER DISCIPLINARY REVIEW 1,200
PURSUANT TO SECTION 4725.19 OF THE REVISED CODE. 1,201
(B) AN INDIVIDUAL WHOSE CERTIFICATES HAVE BEEN PLACED ON 1,203
INACTIVE STATUS MAY SUBMIT A WRITTEN APPLICATION TO THE BOARD FOR 1,204
REINSTATEMENT. FOR REINSTATEMENT TO OCCUR, THE APPLICANT MUST 1,206
MEET ALL OF THE FOLLOWING CONDITIONS: 1,207
(1) PAY THE RENEWAL FEES FOR THAT YEAR AND THE 1,209
REINSTATEMENT FEE SPECIFIED UNDER SECTION 4725.34 OF THE REVISED 1,210
CODE; 1,211
(2) PASS ALL OR PART OF THE LICENSING EXAMINATION ACCEPTED 1,213
BY THE BOARD UNDER SECTION 4725.11 OF THE REVISED CODE AS THE 1,215
BOARD CONSIDERS APPROPRIATE TO DETERMINE WHETHER THE APPLICATION 1,216
FOR REINSTATEMENT SHOULD BE APPROVED;
(3) IF THE APPLICANT HAS BEEN PRACTICING OPTOMETRY IN 1,218
ANOTHER STATE OR COUNTRY, SUBMIT EVIDENCE OF BEING IN THE ACTIVE 1,219
PRACTICE OPTOMETRY IN THE OTHER STATE OR COUNTRY AND EVIDENCE 1,220
THAT THE APPLICANT'S LICENSE TO PRACTICE IN THE OTHER STATE OR 1,221
COUNTRY IS IN GOOD STANDING. 1,222
(C) THE BOARD SHALL APPROVE AN APPLICATION FOR 1,224
REINSTATEMENT IF THE CONDITIONS SPECIFIED IN DIVISION (B) OF THIS 1,226
SECTION ARE MET. AN OPTOMETRIST WHO RECEIVES REINSTATEMENT IS 1,228
SUBJECT TO THE CONTINUING EDUCATION REQUIREMENTS SPECIFIED UNDER 1,229
SECTION 4725.16 OF THE REVISED CODE FOR THE YEAR IN WHICH 1,230
REINSTATEMENT OCCURS.
Sec. 4725.12 4725.18. An applicant for a certificate of 1,239
licensure who is an optometrist registered or licensed under the 1,241
laws of another state which, through reciprocity, similarly 1,242
27
accredits the holder of a certificate issued by the (A) THE 1,243
state board of optometry of this state to the full privileges of 1,246
practice within such state, on the payment of a fee of 1,247
twenty-five dollars to the board and on filing in the office of 1,248
the board a true and attested copy of the license, certified by 1,249
the president or secretary of the state board issuing the same, 1,250
and showing also that the standard of requirements adopted and 1,251
enforced by the board is equal to that provided for by sections 1,252
4725.01 to 4725.21 of the Revised Code, may, in the discretion of 1,253
the board, without further examination, receive a certificate of 1,254
licensure provided that such applicant has not previously failed 1,255
at an examination held by the board of this state. No license 1,256
shall be issued under this section unless authorized MAY ISSUE A 1,258
CERTIFICATE OF LICENSURE AND THERAPEUTIC PHARMACEUTICAL AGENTS 1,259
CERTIFICATE TO AN INDIVIDUAL LICENSED AS AN OPTOMETRIST BY 1,260
ANOTHER STATE IF THE BOARD DETERMINES THAT THE OTHER STATE HAS 1,261
STANDARDS FOR THE PRACTICE OF OPTOMETRY THAT ARE AT LEAST AS 1,262
STRINGENT AS THE STANDARDS ESTABLISHED UNDER SECTIONS 4725.01 TO 1,263
4725.34 OF THE REVISED CODE AND THE OTHER STATE SIMILARLY GRANTS 1,266
LICENSES TO PRACTICE OPTOMETRY TO INDIVIDUALS WHO HOLD 1,267
CERTIFICATES OF LICENSURE ISSUED BY THE BOARD.
(B) TO RECEIVE A CERTIFICATE OF LICENSURE AND THERAPEUTIC 1,270
PHARMACEUTICAL AGENTS CERTIFICATE UNDER THIS SECTION, AN 1,271
APPLICANT MUST MEET ALL OF THE FOLLOWING CONDITIONS: 1,272
(1) HOLD A LICENSE TO PRACTICE OPTOMETRY FROM THE OTHER 1,275
STATE THAT IS IN GOOD STANDING, EVIDENCED BY SUBMISSION OF A 1,276
LETTER FROM THE LICENSING AGENCY OF THE OTHER STATE;
(2) HAVE BEEN ACTIVELY ENGAGED IN THE PRACTICE OF 1,278
OPTOMETRY, INCLUDING THE USE OF THERAPEUTIC PHARMACEUTICAL 1,279
AGENTS, FOR AT LEAST THREE YEARS IMMEDIATELY PRECEDING MAKING 1,280
APPLICATION UNDER THIS SECTION; 1,281
(3) PAY THE APPLICATION FEES ESTABLISHED UNDER SECTION 1,283
4725.34 OF THE REVISED CODE FOR A CERTIFICATE OF LICENSURE AND 1,286
THERAPEUTIC PHARMACEUTICAL AGENTS CERTIFICATE; 1,287
28
(4) SUBMIT ALL TRANSCRIPTS, REPORTS, OR OTHER INFORMATION 1,290
THE BOARD REQUIRES;
(5) PASS ALL OR PART OF THE LICENSING EXAMINATION ACCEPTED 1,293
BY THE BOARD UNDER SECTION 4725.11 OF THE REVISED CODE, IF THE 1,295
BOARD DETERMINES THAT TESTING IS NECESSARY TO DETERMINE WHETHER 1,296
THE APPLICANT'S QUALIFICATIONS ARE SUFFICIENT FOR ISSUANCE OF A 1,297
CERTIFICATE OF LICENSURE AND THERAPEUTIC PHARMACEUTICAL AGENTS 1,298
CERTIFICATE UNDER THIS SECTION. 1,299
(C) IF THE APPLICANT MEETS THE CONDITIONS SPECIFIED IN 1,302
DIVISION (B) OF THIS SECTION AND THE BOARD HAS NOT PREVIOUSLY 1,304
DENIED ISSUANCE OF A LICENSE TO THE APPLICANT, THE BOARD MAY, by 1,306
an affirmative vote of all the A MAJORITY OF ITS members of the 1,307
board, ISSUE TO THE APPLICANT A CERTIFICATE OF LICENSURE AND 1,309
THERAPEUTIC PHARMACEUTICAL AGENTS CERTIFICATE. 1,310
Sec. 4725.11 4725.19. (A) The IN ACCORDANCE WITH CHAPTER 1,320
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 1,321
REASONS SPECIFIED IN DIVISION (B) OF THIS SECTION, shall refuse 1,323
to grant a certificate of licensure to any AN applicant and may 1,325
cancel, revoke, or suspend, WITH RESPECT TO A LICENSED
OPTOMETRIST, DO ONE OR MORE OF THE FOLLOWING: 1,326
(1) SUSPEND the operation of any certificate of licensure, 1,329
topical ocular pharmaceutical agents certificate, or therapeutic 1,330
pharmaceutical agents certificate, or all certificates granted by 1,331
it to any person who is THE OPTOMETRIST;
(2) PERMANENTLY REVOKE ANY OR ALL OF THE CERTIFICATES; 1,333
(3) LIMIT OR OTHERWISE PLACE RESTRICTIONS ON ANY OR ALL OF 1,335
THE CERTIFICATES; 1,336
(4) REPRIMAND THE OPTOMETRIST; 1,338
(5) IMPOSE A MONETARY PENALTY. IF THE REASON FOR WHICH 1,340
THE BOARD IS IMPOSING THE PENALTY INVOLVES A CRIMINAL OFFENSE 1,341
THAT CARRIES A FINE UNDER THE REVISED CODE, THE PENALTY SHALL NOT 1,342
EXCEED THE MAXIMUM FINE THAT MAY BE IMPOSED FOR THE CRIMINAL 1,343
OFFENSE. IN ANY OTHER CASE, THE PENALTY IMPOSED BY THE BOARD 1,344
29
SHALL NOT EXCEED FIVE HUNDRED DOLLARS.
(B) THE SANCTIONS SPECIFIED IN DIVISION (A) OF THIS 1,346
SECTION MAY BE TAKEN BY THE BOARD FOR ANY OF THE FOLLOWING 1,347
REASONS:
(1) Guilty of COMMITTING fraud in passing the LICENSING 1,349
examination OR MAKING FALSE OR PURPOSELY MISLEADING STATEMENTS IN 1,350
AN APPLICATION FOR A CERTIFICATE OF LICENSURE; 1,351
(2) At BEING AT any time guilty of a felony, gross 1,353
immorality, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS 1,354
COMMITTED;
(3) BEING GUILTY OF DISHONESTY or grossly unprofessional 1,356
or dishonest conduct IN THE PRACTICE OF OPTOMETRY; 1,357
(4) BEING AT ANY TIME GUILTY OF A FELONY, REGARDLESS OF 1,359
THE JURISDICTION IN WHICH THE ACT WAS COMMITTED; 1,360
(5) BEING AT ANY TIME GUILTY OF A MISDEMEANOR COMMITTED IN 1,362
THE COURSE OF PRACTICE, REGARDLESS OF THE JURISDICTION IN WHICH 1,363
THE ACT WAS COMMITTED;
(6) VIOLATING THE CONDITIONS OF ANY LIMITATION OR OTHER 1,365
RESTRICTION PLACED BY THE BOARD ON ANY CERTIFICATE ISSUED BY THE 1,366
BOARD;
(7) ENGAGING IN THE PRACTICE OF OPTOMETRY AS PROVIDED IN 1,368
DIVISION (A)(1), (2), OR (3) OF SECTION 4725.01 OF THE REVISED 1,369
CODE WHEN THE CERTIFICATE AUTHORIZING THAT PRACTICE IS UNDER 1,370
SUSPENSION, IN WHICH CASE THE BOARD SHALL PERMANENTLY REVOKE THE 1,371
CERTIFICATE;
(8) BEING DENIED A LICENSE TO PRACTICE OPTOMETRY IN 1,373
ANOTHER STATE OR COUNTRY OR BEING SUBJECT TO ANY OTHER SANCTION 1,374
BY THE OPTOMETRIC LICENSING AUTHORITY OF ANOTHER STATE OR 1,376
COUNTRY, OTHER THAN SANCTIONS IMPOSED FOR THE NONPAYMENT OF FEES; 1,377
(9) DEPARTING FROM OR FAILING TO CONFORM TO ACCEPTABLE AND 1,379
PREVAILING STANDARDS OF CARE IN THE PRACTICE OF OPTOMETRY AS 1,380
FOLLOWED BY SIMILAR PRACTITIONERS UNDER THE SAME OR SIMILAR 1,381
CIRCUMSTANCES, REGARDLESS OF WHETHER ACTUAL INJURY TO A PATIENT 1,382
IS ESTABLISHED;
30
(10) FAILING TO MAINTAIN COMPREHENSIVE PATIENT RECORDS; 1,384
(3) Fraudulently advertising (11) ADVERTISING a price of 1,387
spectacles or eyeglasses, OPTICAL ACCESSORIES, EYE EXAMINATIONS, 1,388
OR OTHER PRODUCTS OR SERVICES by cards, circulars, statements, or 1,389
otherwise, with intent to ANY MEANS THAT WOULD deceive or mislead 1,390
the public;
(4) Addicted (12) BEING ADDICTED to the use of alcohol, 1,393
stimulants, narcotics, or any other substance which impairs the 1,394
intellect and judgment to such an extent as to incapacitate one 1,395
for HINDER OR DIMINISH the performance of the duties of an 1,397
optometrist INCLUDED IN THE PERSON'S PRACTICE OF OPTOMETRY; 1,398
(5)(13) Engaging in the practice of optometry as provided 1,400
in division (A)(2) OR (3) of section 4725.01 of the Revised Code 1,401
without authority to do so or, if authorized, in a manner 1,403
inconsistent with the authority granted; 1,404
(6)(14) Failing to make a report to the board as required 1,406
by DIVISION (A) OF section 4725.111 4725.21 or 4725.112 SECTION 1,408
4725.31 of the Revised Code.
(7); 1,410
(15) SOLICITING PATIENTS FROM DOOR TO DOOR OR ESTABLISHING 1,412
TEMPORARY OFFICES, IN WHICH CASE THE BOARD SHALL SUSPEND ALL 1,413
CERTIFICATES HELD BY THE OPTOMETRIST; 1,414
(16) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION: 1,416
(a) Waiving the payment of all or any part of a deductible 1,419
or copayment that a patient, pursuant to a health insurance or 1,421
health care policy, contract, or plan that covers optometric 1,422
services, would otherwise be required to pay if the waiver is 1,424
used as an enticement to a patient or group of patients to
receive health care services from that provider OPTOMETRIST. 1,425
(8)(b) Advertising that he THE OPTOMETRIST will waive the 1,428
payment of all or any part of a deductible or copayment that a 1,430
patient, pursuant to a health insurance or health care policy, 1,431
contract, or plan that covers optometric services, would
otherwise be required to pay. 1,432
31
(B) The board may cancel, revoke, or suspend the operation 1,434
of any topical ocular pharmaceutical agents certificate granted 1,435
by it to any licensed optometrist who holds the certificate and 1,436
is doing either of the following: 1,437
(1) Using a topical ocular pharmaceutical agent that is 1,439
not listed in division (B) of section 4725.01 of the Revised Code 1,440
or is using the agent in a potency that exceeds the maximum 1,441
potency listed in that division; 1,442
(2) Administering topical pharmaceutical agents for any 1,443
purpose other than the purposes set forth in division (A)(1) of 1,444
section 4725.01 of the Revised Code. 1,445
(C) The certificate of licensure of any person convicted 1,447
of a violation of section 4725.02 of the Revised Code shall be 1,448
revoked automatically. 1,449
(D) Any person who is the holder of a certificate of 1,451
licensure, or who is an applicant for examination for a 1,452
certificate of licensure against whom is preferred any charges, 1,453
shall be furnished by the board with a copy of the complaint and 1,454
shall have a hearing before the board in accordance with Chapter 1,455
119. of the Revised Code. 1,456
(E) Notwithstanding divisions (A)(7) and (8) of this 1,458
section, sanctions(D) SANCTIONS shall not be imposed UNDER 1,460
DIVISION (B)(16) OF THIS SECTION against any licensee OPTOMETRIST 1,461
who waives deductibles and copayments: 1,462
(1) In compliance with the health benefit plan that 1,464
expressly allows such a practice. Waiver of the deductibles or 1,465
copays COPAYMENTS shall be made only with the full knowledge and 1,467
consent of the plan purchaser, payer, and third-party
administrator. Such DOCUMENTATION OF THE consent shall be made 1,468
available to the board upon request. 1,470
(2) For professional services rendered to any other person 1,472
OPTOMETRIST licensed pursuant to this chapter BY THE BOARD, to 1,474
the extent allowed by this chapter SECTIONS 4725.01 TO 4725.34 OF 1,475
THE REVISED CODE and the rules of the board. 1,476
32
Sec. 4725.60 4725.20. On receipt of a notice pursuant to 1,485
section 2301.373 of the Revised Code, the state board of 1,487
optometry shall comply with that section with respect to a 1,488
license or certificate issued pursuant to BY THE BOARD UNDER this 1,489
chapter. 1,490
Sec. 4725.111 4725.21. (A) If any individual AN 1,500
OPTOMETRIST licensed under sections 4725.01 to 4725.21 of the 1,502
Revised Code BY THE STATE BOARD OF OPTOMETRY has reason to
believe that another individual OPTOMETRIST licensed under those 1,505
sections CURRENTLY OR PREVIOUSLY BY THE BOARD has engaged in any 1,506
course of treatment or other services to a patient that 1,508
constitutes grossly unprofessional conduct under division (A)(2) 1,510
of section 4725.11 4725.19 of the Revised Code, or has an 1,511
addiction as described in division (A)(4) of SUBJECT TO BOARD 1,513
ACTION UNDER section 4725.11 4725.19 of the Revised Code, the 1,514
individual OPTOMETRIST shall make a report to the state board of 1,516
optometry. In
(B) ANY PERSON MAY REPORT TO THE BOARD IN A SIGNED WRITING 1,519
ANY INFORMATION THAT THE PERSON MAY HAVE THAT APPEARS TO SHOW A 1,520
VIOLATION OF ANY PROVISION OF SECTIONS 4725.01 TO 4725.34 OF THE 1,521
REVISED CODE OR THE RULES ADOPTED UNDER THOSE SECTIONS. 1,522
(C) EACH COMPLAINT OR ALLEGATION OF A VIOLATION RECEIVED 1,525
BY THE BOARD SHALL BE ASSIGNED A CASE NUMBER AND SHALL BE 1,526
RECORDED BY THE BOARD.
(D) IN the absence of fraud or bad faith, no individual 1,530
that PERSON WHO reports to the board under this section OR 1,531
TESTIFIES IN ANY ADJUDICATION CONDUCTED UNDER CHAPTER 119. OF THE 1,532
REVISED CODE shall be liable to any person for damages in a civil 1,533
action as a result of the report OR TESTIMONY. 1,534
Sec. 4725.113 4725.22. Any (A) EACH insurer providing 1,544
professional liability insurance to any person holding a valid 1,545
therapeutic pharmaceutical agents certificate issued pursuant to 1,546
AN OPTOMETRIST LICENSED UNDER this chapter, or any other entity 1,548
that seeks to indemnify the professional liability of any person 1,549
33
holding such a certificate AN OPTOMETRIST LICENSED UNDER THIS 1,550
CHAPTER, shall notify the state board of optometry within thirty 1,551
days after the final disposition of any written A claim for 1,553
damages. Such THE notice shall contain the following 1,554
information:
(A)(1) The name and address of the person submitting the 1,556
notification; 1,557
(B)(2) The name and address of the insured who is the 1,559
subject of the claim; 1,560
(C)(3) The name of the person filing the written claim; 1,562
(D)(4) The date of final disposition; 1,564
(E)(5) If applicable, the identity of the court in which 1,566
the final disposition of the claim took place. 1,567
(B) EACH OPTOMETRIST LICENSED UNDER THIS CHAPTER SHALL 1,570
NOTIFY THE BOARD WITHIN THIRTY DAYS OF RECEIPT OF THE FINAL 1,571
DISPOSITION OF A CLAIM FOR DAMAGES OR ANY ACTION INVOLVING
MALPRACTICE. THE OPTOMETRIST SHALL NOTIFY THE BOARD BY 1,572
REGISTERED MAIL AND SHALL PROVIDE ALL REPORTS AND OTHER 1,573
INFORMATION REQUIRED BY THE BOARD. 1,574
(C) INFORMATION RECEIVED UNDER THIS SECTION IS NOT A 1,576
PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 OF THE REVISED CODE 1,578
AND SHALL NOT BE RELEASED EXCEPT AS OTHERWISE REQUIRED BY LAW OR 1,579
A COURT OF COMPETENT JURISDICTION.
Sec. 4725.23. (A) THE STATE BOARD OF OPTOMETRY SHALL 1,581
INVESTIGATE EVIDENCE THAT APPEARS TO SHOW THAT A PERSON HAS 1,582
VIOLATED ANY PROVISION OF SECTIONS 4725.01 TO 4725.34 OF THE 1,583
REVISED CODE OR ANY RULE ADOPTED UNDER THOSE SECTIONS.
INVESTIGATIONS OF ALLEGED VIOLATIONS SHALL BE SUPERVISED BY THE 1,584
MEMBER OF THE BOARD APPOINTED BY THE BOARD TO ACT AS THE 1,585
SUPERVISING MEMBER OF INVESTIGATIONS. THE SUPERVISING MEMBER 1,587
SHALL NOT PARTICIPATE IN THE FINAL VOTE THAT OCCURS IN AN 1,588
ADJUDICATION OF THE CASE.
(B) IN INVESTIGATING A POSSIBLE VIOLATION, THE BOARD MAY 1,590
ADMINISTER OATHS, ORDER THE TAKING OF DEPOSITIONS, ISSUE 1,592
34
SUBPOENAS, AND COMPEL THE ATTENDANCE OF WITNESSES AND PRODUCTION 1,593
OF BOOKS, ACCOUNTS, PAPERS, RECORDS, DOCUMENTS, AND TESTIMONY. A 1,594
SUBPOENA FOR PATIENT RECORD INFORMATION SHALL NOT BE ISSUED 1,595
WITHOUT CONSULTATION WITH THE ATTORNEY GENERAL'S OFFICE AND
APPROVAL OF THE SECRETARY OF THE BOARD AND THE BOARD'S 1,596
SUPERVISING MEMBER OF INVESTIGATIONS. BEFORE ISSUANCE OF A 1,597
SUBPOENA FOR PATIENT RECORD INFORMATION, THE SECRETARY AND 1,598
SUPERVISING MEMBER SHALL DETERMINE WHETHER THERE IS PROBABLE 1,599
CAUSE TO BELIEVE THAT THE COMPLAINT FILED ALLEGES A VIOLATION OF 1,600
SECTIONS 4725.01 TO 4725.34 OF THE REVISED CODE OR ANY RULE
ADOPTED UNDER THOSE SECTIONS AND THAT THE RECORDS SOUGHT ARE 1,601
RELEVANT TO THE ALLEGED VIOLATION AND MATERIAL TO THE 1,602
INVESTIGATION. THE SUBPOENA MAY APPLY ONLY TO RECORDS THAT COVER 1,603
A REASONABLE PERIOD OF TIME SURROUNDING THE ALLEGED VIOLATION. 1,604
ON FAILURE TO COMPLY WITH ANY SUBPOENA ISSUED BY THE BOARD 1,607
AND AFTER REASONABLE NOTICE TO THE PERSON BEING SUBPOENAED, THE 1,608
BOARD MAY MOVE FOR AN ORDER COMPELLING THE PRODUCTION OF PERSONS 1,609
OR RECORDS PURSUANT TO THE RULES OF CIVIL PROCEDURE. 1,611
A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF, 1,613
THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE 1,614
BOARD. SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY 1,616
DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN, 1,617
READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL 1,618
PLACE OF RESIDENCE. WHEN THE PERSON BEING SERVED IS AN 1,619
OPTOMETRIST LICENSED UNDER BY THIS CHAPTER, SERVICE OF THE 1,620
SUBPOENA MAY BE MADE BY CERTIFIED MAIL, RESTRICTED DELIVERY, 1,621
RETURN RECEIPT REQUESTED, AND THE SUBPOENA SHALL BE DEEMED SERVED 1,622
ON THE DATE DELIVERY IS MADE OR THE DATE THE OPTOMETRIST REFUSES 1,623
TO ACCEPT DELIVERY.
EACH WITNESS WHO APPEARS BEFORE THE BOARD IN OBEDIENCE TO A 1,627
SUBPOENA SHALL RECEIVE THE FEES AND MILEAGE PROVIDED FOR 1,628
WITNESSES IN CIVIL CASES IN THE COURTS OF COMMON PLEAS. 1,629
(C) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN 1,631
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY 1,632
35
CIVIL ACTION. 1,633
THE BOARD SHALL CONDUCT ALL INVESTIGATIONS AND PROCEEDINGS 1,635
IN A MANNER THAT PROTECTS THE CONFIDENTIALITY OF PATIENTS AND 1,637
PERSONS WHO FILE COMPLAINTS WITH THE BOARD. THE BOARD SHALL NOT 1,639
MAKE PUBLIC THE NAMES OR ANY OTHER IDENTIFYING INFORMATION ABOUT 1,640
PATIENTS OR COMPLAINANTS UNLESS PROPER CONSENT IS GIVEN. 1,641
Sec. 4725.24. IF THE SECRETARY OF THE STATE BOARD OF 1,643
OPTOMETRY AND THE BOARD'S SUPERVISING MEMBER OF INVESTIGATIONS 1,644
DETERMINE THAT THERE IS CLEAR AND CONVINCING EVIDENCE THAT AN 1,645
OPTOMETRIST HAS VIOLATED DIVISION (B) OF SECTION 4725.19 OF THE 1,646
REVISED CODE AND THAT THE OPTOMETRIST'S CONTINUED PRACTICE
PRESENTS A DANGER OF IMMEDIATE AND SERIOUS HARM TO THE PUBLIC, 1,647
THEY MAY RECOMMEND THAT THE BOARD SUSPEND WITHOUT A PRIOR HEARING 1,648
THE OPTOMETRIST'S CERTIFICATE OF LICENSURE AND ANY OTHER 1,649
CERTIFICATES HELD BY THE OPTOMETRIST. WRITTEN ALLEGATIONS SHALL 1,650
BE PREPARED FOR CONSIDERATION BY THE FULL BOARD.
THE BOARD, UPON REVIEW OF THOSE ALLEGATIONS AND BY AN 1,652
AFFIRMATIVE VOTE OF THREE MEMBERS OTHER THAN THE SECRETARY AND 1,654
SUPERVISING MEMBER MAY ORDER THE SUSPENSION WITHOUT A PRIOR 1,655
HEARING. A TELEPHONE CONFERENCE CALL MAY BE UTILIZED FOR 1,656
REVIEWING THE ALLEGATIONS AND TAKING THE VOTE ON THE SUMMARY 1,658
SUSPENSION.
THE BOARD SHALL ISSUE A WRITTEN ORDER OF SUSPENSION BY 1,660
CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF 1,661
THE REVISED CODE. THE ORDER SHALL NOT BE SUBJECT TO SUSPENSION 1,663
BY THE COURT DURING PENDENCY OF ANY APPEAL FILED UNDER SECTION 1,664
119.12 OF THE REVISED CODE. IF THE INDIVIDUAL SUBJECT TO THE 1,666
SUMMARY SUSPENSION REQUESTS AN ADJUDICATORY HEARING BY THE BOARD, 1,667
THE DATE SET FOR THE HEARING SHALL BE WITHIN FIFTEEN DAYS, BUT 1,668
NOT EARLIER THAN SEVEN DAYS, AFTER THE INDIVIDUAL REQUESTS THE 1,670
HEARING, UNLESS OTHERWISE AGREED TO BY BOTH THE BOARD AND THE 1,671
INDIVIDUAL.
ANY SUMMARY SUSPENSION IMPOSED UNDER THIS DIVISION SHALL 1,673
REMAIN IN EFFECT, UNLESS REVERSED ON APPEAL, UNTIL A FINAL 1,674
36
ADJUDICATIVE ORDER ISSUED BY THE BOARD PURSUANT TO SECTION 1,675
4725.19 OF THE REVISED CODE AND CHAPTER 119. OF THE REVISED CODE 1,676
BECOMES EFFECTIVE. THE BOARD SHALL ISSUE ITS FINAL ADJUDICATIVE 1,677
ORDER WITHIN SIXTY DAYS AFTER COMPLETION OF ITS HEARING. A 1,678
FAILURE TO ISSUE THE ORDER WITHIN SIXTY DAYS SHALL RESULT IN 1,679
DISSOLUTION OF THE SUMMARY SUSPENSION ORDER BUT SHALL NOT 1,680
INVALIDATE ANY SUBSEQUENT, FINAL ADJUDICATIVE ORDER. 1,681
Sec. 4725.13 4725.25. Sections 4725.01 to 4725.21 4725.34 1,691
of the Revised Code do not confer on a person who is licensed 1,693
under this chapter AN OPTOMETRIST the title of medical doctor, 1,694
physician, surgeon, oculist, ophthalmologist, or any other word 1,695
or abbreviation indicating that he THE OPTOMETRIST is engaged in 1,697
the practice of medicine or surgery. 1,698
Sec. 4725.14 4725.26. Sections 4725.01 to 4725.21 DIVISION 1,708
(A) OF SECTION 4725.02 of the Revised Code do DOES not apply to 1,709
the following: 1,710
(A) Physicians or surgeons practicing AUTHORIZED TO 1,712
PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY 1,713
under authority of licenses issued under the laws of this state 1,716
for the practice of medicine or surgery CHAPTER 4731. OF THE 1,717
REVISED CODE;
(B) Except as provided in division (B) of section 4725.17 1,719
of the Revised Code, persons PERSONS who sell spectacles and 1,721
eyeglasses OPTICAL ACCESSORIES but who do not assume to adapt 1,722
them to the eye, and neither practice nor profess to practice 1,723
optometry;
(C) An instructor in a school of optometry that is located 1,725
in Ohio THIS STATE and accredited APPROVED by the state board of 1,727
optometry UNDER SECTION 4725.10 OF THE REVISED CODE who holds a 1,728
valid current license TO PRACTICE OPTOMETRY from any state A 1,730
LICENSING BODY IN ANOTHER JURISDICTION and limits his THE 1,731
practice OF OPTOMETRY to the instruction of optometry students 1,732
enrolled in the school. 1,733
(D) A STUDENT AT A SCHOOL OF OPTOMETRY LOCATED IN THIS 1,735
37
STATE AND APPROVED BY THE BOARD UNDER SECTION 4725.10 OF THE 1,737
REVISED CODE WHILE ENROLLED IN AN OPTOMETRY TRAINING PROGRAM AND 1,738
ACTING UNDER THE DIRECT, PERSONAL SUPERVISION AND CONTROL OF AN 1,739
OPTOMETRIST LICENSED BY THE BOARD OR AUTHORIZED TO PRACTICE 1,740
PURSUANT TO DIVISION (C) OF THIS SECTION. 1,741
Sec. 4725.16 4725.27. The testimony and reports of an 1,750
optometrist licensed to practice in BY THE STATE BOARD OF 1,753
OPTOMETRY UNDER this state CHAPTER shall be received by any 1,754
state, county, municipal, school district, or other public board, 1,756
body, agency, institution, or official and by any private 1,757
educational or other institution receiving public funds as
competent evidence with respect to any matter within the scope of 1,758
the practice of optometry. No such board, body, agency, 1,759
official, or institution shall interfere with any individual's 1,760
right to a free choice of RECEIVING SERVICES FROM EITHER an 1,761
optometrist or A physician. NO SUCH BOARD, BODY, AGENCY, 1,762
OFFICIAL, OR INSTITUTION SHALL DISCRIMINATE AGAINST AN 1,763
OPTOMETRIST PERFORMING PROCEDURES THAT ARE INCLUDED IN THE 1,764
PRACTICE OF OPTOMETRY AS PROVIDED IN DIVISION (A)(2) OR (3) OF 1,765
SECTION 4725.01 OF THE REVISED CODE IF THE OPTOMETRIST IS 1,766
LICENSED UNDER THIS CHAPTER TO PERFORM THOSE PROCEDURES. 1,767
Sec. 4725.17 4725.28. (A) As used in this section, 1,776
"supplier" means any person who prepares or sells spectacles, 1,778
eyeglasses, lenses, contact lenses, OPTICAL ACCESSORIES or other 1,779
vision correcting items, devices, or procedures. 1,781
(A)(B) A licensed optometrist, on completion of a vision 1,783
examination and diagnosis, shall give each patient for whom he 1,784
THE OPTOMETRIST prescribes any vision correcting item, device, or 1,786
procedure, one copy of the prescription, without additional 1,787
charge to the patient. This THE prescription shall include the 1,788
following:
(1) The date of its issuance; 1,790
(2) Sufficient information to enable the patient to obtain 1,792
from the supplier of his THE PATIENT'S choice, the OPTICAL 1,793
38
ACCESSORY OR OTHER vision correcting item, device, or procedure 1,796
that has been prescribed.
(B)(C) Any supplier WHO FILLS A PRESCRIPTION FOR CONTACT 1,798
LENSES FURNISHED BY AN OPTOMETRIST SHALL FURNISH THE PATIENT WITH 1,799
WRITTEN RECOMMENDATIONS TO RETURN TO THE PRESCRIBING OPTOMETRIST 1,800
FOR EVALUATION OF THE CONTACT LENS FITTING. 1,801
(D) ANY SUPPLIER, INCLUDING AN OPTOMETRIST WHO IS A 1,803
SUPPLIER, may advertise to inform the general public of the price 1,805
that he THE SUPPLIER charges for any vision correcting item, 1,807
device, or procedure. Any such advertisement shall indicate 1,808
whether the price includes SPECIFY THE FOLLOWING:
(1) An WHETHER THE ADVERTISED ITEM INCLUDES AN eye 1,810
examination;
(2) In the case of lenses, WHETHER THE PRICE APPLIES TO 1,812
single-vision or multifocal lenses; 1,814
(3) In the case of contact lenses, hard WHETHER THE PRICE 1,816
APPLIES TO RIGID or soft lenses AND WHETHER THERE IS AN 1,817
ADDITIONAL CHARGE RELATED TO THE FITTING AND DETERMINATION OF THE 1,818
TYPE OF CONTACT LENSES TO BE WORN THAT IS NOT INCLUDED IN THE 1,819
PRICE OF THE EYE EXAMINATION.
(E) The state board of optometry shall not adopt any rule 1,821
that restricts the right to advertise as permitted by DIVISION 1,822
(D) OF this section. 1,823
(F) Any municipal corporation code, ordinance, or 1,825
regulation or any township resolution that conflicts with a 1,826
supplier's right to advertise as permitted by DIVISION (D) OF 1,827
this section, is superseded by DIVISION (D) OF this section and 1,829
is invalid. A municipal corporation code, ordinance, or 1,830
regulation or a township resolution conflicts with DIVISION (D)
OF this section if it restricts a supplier's right to advertise 1,832
as permitted by DIVISION (D) OF this section. 1,833
Sec. 4725.29. (A) AS USED IN THIS SECTION: 1,835
(1) "REGIONAL ADVERTISEMENT" MEANS AN ADVERTISEMENT 1,837
PUBLISHED IN MORE THAN ONE METROPOLITAN STATISTICAL AREA IN THIS 1,839
39
STATE OR BROADCAST BY RADIO OR TELEVISION STATIONS IN MORE THAN 1,840
ONE METROPOLITAN STATISTICAL AREA IN THIS STATE. 1,841
(2) "NATIONAL ADVERTISEMENT" MEANS AN ADVERTISEMENT 1,843
PUBLISHED IN ONE OR MORE PERIODICALS OR BROADCAST BY ONE OR MORE 1,844
RADIO OR TELEVISION STATIONS IN THIS STATE AND ALSO PUBLISHED IN 1,845
ONE OR MORE PERIODICALS OR BROADCAST BY ONE OR MORE RADIO OR 1,846
TELEVISION STATIONS IN ANOTHER STATE. 1,847
(B) THE STATE BOARD OF OPTOMETRY SHALL NOT REQUIRE ANY 1,849
PERSON WHO SELLS OPTICAL ACCESSORIES AT MORE THAN ONE LOCATION TO 1,851
LIST IN ANY REGIONAL OR NATIONAL ADVERTISEMENT THE NAME OF THE 1,852
LICENSED OPTOMETRIST PRACTICING AT A PARTICULAR LOCATION, 1,853
PROVIDED THAT IN ADDITION TO THE REQUIREMENT IN DIVISION (B) OF 1,854
SECTION 4725.13 OF THE REVISED CODE, THE NAME OF THE OPTOMETRIST 1,855
IS PROMINENTLY DISPLAYED AT THE LOCATION. 1,856
Sec. 4725.18 4725.30. If while examining a person an 1,865
optometrist detects evidence of an ocular abnormality requiring 1,867
FURTHER diagnosis and OR possible treatment by a physician 1,870
licensed to practice medicine or surgery or osteopathic medicine 1,871
or surgery under Chapter 4731. of the Revised Code THAT IS NOT 1,872
INCLUDED IN THE OPTOMETRIST'S PRACTICE OF OPTOMETRY, the 1,873
optometrist shall so advise the patient TO SEE A PHYSICIAN 1,876
AUTHORIZED TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC 1,877
MEDICINE AND SURGERY. THE OPTOMETRIST SHALL INCLUDE IN THE
PATIENT'S RECORDS AN ENTRY SPECIFYING THAT THE NOTICE REQUIRED BY 1,878
THIS SECTION WAS GIVEN. 1,879
Sec. 4725.112 4725.31. An individual OPTOMETRIST licensed 1,889
under sections 4725.01 to 4725.21 of the Revised Code BY THE 1,891
STATE BOARD OF OPTOMETRY shall promptly report to the state board 1,892
of optometry any instance of a clinically significant 1,894
drug-induced side effect in a patient due to such individual's 1,896
THE OPTOMETRIST'S administering, employing, applying, or 1,897
prescribing a topical ocular or therapeutic pharmaceutical agent 1,898
to or for the patient. The board, by rule adopted in accordance 1,899
with Chapter 119. of the Revised Code, shall establish reporting 1,900
40
procedures and specify the types of side effects to be reported. 1,901
The information provided to the board shall not include the name
of or any identifying information about the patient. 1,902
Sec. 4725.21 4725.32. (A) No person shall fabricate, 1,911
distribute, sell, exchange, deliver, or have in his possession 1,913
with intent to distribute, sell, exchange, or deliver, any 1,915
eyeglass or sunglass frame, or lens containing cellulose nitrate 1,916
or any other form of nitrate. 1,917
(B) No person shall distribute, sell, or deliver any 1,919
eyeglasses or sunglasses manufactured after July 31, 1972, nor 1,920
shall any person distribute, sell, or deliver eyeglasses after 1,921
December 31, 1972, or sunglasses after December 31, 1973, which 1,922
are not fitted with impact-resistant lenses, except in those 1,923
cases where a physician or optometrist prescribing eyeglasses or 1,924
sunglasses finds that impact-resistant lenses could not fulfill 1,925
the visual requirements of a particular patient and directs in 1,926
writing the use of other lenses, and gives written notification 1,927
thereof to the patient. 1,928
All impact-resistant lenses shall be capable of 1,930
withstanding an impact test in which a five-eighths inch steel 1,931
ball weighing approximately fifty-six hundredths of an ounce is 1,932
dropped from a height of fifty inches upon the horizontal upper 1,933
surface of the lens in the manner prescribed under the code of 1,934
federal regulations, title 21, section 3.84. 1,935
Sec. 4725.114 4725.33. (A) An individual whom the state 1,944
board of optometry licenses, certificates, or otherwise legally 1,946
authorizes to engage in the practice of optometry may render the 1,948
professional services of an optometrist within this state through 1,950
a corporation formed under division (B) of section 1701.03 of the 1,951
Revised Code, a limited liability company formed under Chapter 1,952
1705. of the Revised Code, a partnership, or a professional 1,953
association formed under Chapter 1785. of the Revised Code. This 1,955
division does not preclude an individual of that nature 1,956
OPTOMETRIST from rendering professional services as an 1,957
41
optometrist through another form of business entity, including, 1,958
but not limited to, a nonprofit corporation or foundation, or in 1,959
another manner that is authorized by or in accordance with this 1,960
chapter, another chapter of the Revised Code, or rules of the 1,961
state board of optometry adopted pursuant to this chapter. 1,962
(B) A corporation, limited liability company, partnership, 1,965
or professional association described in division (A) of this 1,966
section may be formed for the purpose of providing a combination 1,967
of the professional services of the following individuals who are 1,968
licensed, certificated, or otherwise legally authorized to 1,969
practice their respective professions: 1,970
(1) Optometrists who are authorized to practice optometry 1,972
under Chapter 4725. of the Revised Code; 1,973
(2) Chiropractors who are authorized to practice 1,975
chiropractic under Chapter 4734. of the Revised Code; 1,976
(3) Psychologists who are authorized to practice 1,978
psychology under Chapter 4732. of the Revised Code; 1,979
(4) Registered or licensed practical nurses who are 1,981
authorized to practice nursing as registered nurses or as 1,982
licensed practical nurses under Chapter 4723. of the Revised 1,983
Code;
(5) Pharmacists who are authorized to practice pharmacy 1,986
under Chapter 4729. of the Revised Code; 1,989
(6) Physical therapists who are authorized to practice 1,991
physical therapy under sections 4755.40 to 4755.53 4755.56 of the 1,993
Revised Code; 1,995
(7) Doctors of medicine and surgery, osteopathic medicine 1,998
and surgery, or podiatric medicine and surgery who are authorized 1,999
for their respective practices under Chapter 4731. of the Revised 2,000
Code. 2,001
This division shall apply notwithstanding a provision of a 2,004
code of ethics applicable to an optometrist that prohibits an 2,006
optometrist from engaging in the practice of optometry in 2,007
combination with a person who is licensed, certificated, or 2,008
42
otherwise legally authorized to practice chiropractic, 2,009
psychology, nursing, pharmacy, physical therapy, medicine and 2,010
surgery, osteopathic medicine and surgery, or podiatric medicine 2,012
and surgery but who is not also licensed, certificated, or 2,013
otherwise legally authorized to engage in the practice of 2,014
optometry.
Sec. 4725.15 4725.34. (A) The state board of optometry 2,024
SHALL CHARGE THE FOLLOWING NONREFUNDABLE FEES:
(1) ONE HUNDRED TEN DOLLARS FOR APPLICATION FOR A 2,026
CERTIFICATE OF LICENSURE; 2,027
(2) TWENTY-FIVE DOLLARS FOR APPLICATION FOR A THERAPEUTIC 2,029
PHARMACEUTICAL AGENTS CERTIFICATE, EXCEPT WHEN THE CERTIFICATE IS 2,030
TO BE ISSUED PURSUANT TO DIVISION (A)(3) OF SECTION 4725.13 OF 2,031
THE REVISED CODE, IN WHICH CASE THE FEE SHALL BE THIRTY-FIVE 2,032
DOLLARS;
(3) ONE HUNDRED TEN DOLLARS FOR RENEWAL OF A CERTIFICATE 2,034
OF LICENSURE; 2,035
(4) TWENTY-FIVE DOLLARS FOR RENEWAL OF A TOPICAL OCULAR 2,037
PHARMACEUTICAL AGENTS CERTIFICATE; 2,038
(5) TWENTY-FIVE DOLLARS FOR RENEWAL OF A THERAPEUTIC 2,040
PHARMACEUTICAL AGENTS CERTIFICATE; 2,041
(6) SEVENTY-FIVE DOLLARS FOR LATE COMPLETION OF CONTINUING 2,043
OPTOMETRIC EDUCATION; 2,044
(7) SEVENTY-FIVE DOLLARS FOR REINSTATEMENT OF ONE OR MORE 2,047
CERTIFICATES CLASSIFIED AS DELINQUENT UNDER SECTION 4725.16 OF
THE REVISED CODE, MULTIPLIED BY THE NUMBER OF YEARS THE ONE OR 2,049
MORE CERTIFICATES HAVE BEEN CLASSIFIED AS DELINQUENT;
(8) SEVENTY-FIVE DOLLARS FOR REINSTATEMENT OF ONE OR MORE 2,052
CERTIFICATES PLACED ON INACTIVE STATUS UNDER SECTION 4725.17 OF
THE REVISED CODE; 2,054
(9) ADDITIONAL FEES TO COVER ADMINISTRATIVE COSTS INCURRED 2,056
BY THE BOARD, INCLUDING FEES FOR REPLACING LICENSES ISSUED BY THE 2,057
BOARD AND PROVIDING ROSTERS OF CURRENTLY LICENSED OPTOMETRISTS. 2,058
SUCH FEES SHALL BE ESTABLISHED AT A REGULAR MEETING OF THE BOARD 2,059
43
AND SHALL COMPLY WITH ANY APPLICABLE GUIDELINES OR POLICIES SET 2,060
BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES OR THE OFFICE OF 2,061
BUDGET AND MANAGEMENT. 2,062
(B) THE BOARD, subject to the approval of the controlling 2,065
board, may establish fees in excess of the amounts provided in
sections 4725.01 to 4725.21 of the Revised Code, provided that 2,066
such SPECIFIED IN DIVISION (A) OF THIS SECTION IF THE fees do not 2,068
exceed the amounts permitted by these sections SPECIFIED by more 2,069
than fifty per cent. 2,070
(C) ALL RECEIPTS OF THE BOARD, FROM ANY SOURCE, SHALL BE 2,072
DEPOSITED IN THE STATE TREASURY TO THE CREDIT OF THE OCCUPATIONAL 2,073
LICENSING AND REGULATORY FUND. 2,074
Sec. 4725.531. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 2,076
2301.373 OF THE REVISED CODE, THE OHIO OPTICAL DISPENSERS BOARD 2,077
SHALL COMPLY WITH THAT SECTION WITH RESPECT TO A LICENSE ISSUED 2,078
BY THE BOARD PURSUANT TO THIS CHAPTER. 2,079
Sec. 4725.59. (A) Sections 4725.40 to 4725.59 of the 2,088
Revised Code do not apply to: 2,090
(A) Any (1) A physician licensed by the state medical 2,093
board AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE TO
PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND 2,094
SURGERY, or to persons while in the employment and under the 2,096
supervision of a physician at his THE PHYSICIAN'S office; 2,098
(B) Licensed optometrists (2) AN OPTOMETRIST LICENSED 2,100
under sections 4725.01 to 4725.16 4725.34 of the Revised Code, or 2,103
to persons while in the employment and under the supervision of
an optometrist at his THE OPTOMETRIST'S office. 2,104
(B) Nothing in sections 4725.40 to 4725.59 of the Revised 2,106
Code shall prevent or restrict any individual, firm, or 2,108
corporation from employing or from engaging in optical dispensing 2,109
through persons licensed or registered under such sections. 2,110
Sec. 4725.99. (A) Whoever violates section 4725.02 of the 2,119
Revised Code shall be fined not more than five hundred dollars 2,120
for a first offense; for each subsequent offense such person 2,121
44
shall be fined not less than five hundred nor more than one 2,122
thousand dollars, or imprisoned not less than six months nor more 2,123
than one year. 2,124
(B) Whoever violates section 4725.41 of the Revised Code 2,126
is guilty of a misdemeanor of the second degree for a first 2,127
offense, and a misdemeanor of the first degree for each 2,128
subsequent offense. 2,129
(C) Whoever violates section 4725.55 or 4725.56 of the 2,131
Revised Code is guilty of a misdemeanor of the second degree. 2,132
(D) Whoever violates division (A) of section 4725.21 of 2,134
the Revised Code is guilty of a minor misdemeanor for a first 2,135
offense; for each subsequent offense, such person is guilty of a 2,136
misdemeanor of the second degree. Any violation constitutes a 2,137
separate offense on each successive day continued. 2,138
(E) Whoever violates division (B) of section 4725.21 2,140
4725.32 of the Revised Code is guilty of a misdemeanor of the 2,142
third degree.
(F) Whoever violates section 4725.113 4725.22 of the 2,144
Revised Code is guilty of a minor misdemeanor for a first 2,146
offense; for each subsequent offense, such person shall be fined 2,147
up to one thousand dollars. 2,148
Sec. 4729.29. (A) Divisions (A) and (B) of section 2,157
4729.01 and section 4729.28 of the Revised Code do not do either 2,159
of the following:
(1) Apply to a licensed health professional authorized to 2,162
prescribe drugs or prevent a prescriber from personally 2,163
furnishing the prescriber's patients with drugs, within the 2,165
prescriber's scope of professional practice, that seem proper to 2,166
the prescriber.
(2) Apply to the sale of oxygen, peritoneal dialysis 2,168
solutions, or the sale of drugs that are not dangerous drugs by a 2,170
retail dealer, in original packages when labeled as required by 2,172
the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 2,173
21 U.S.C.A. 301, as amended.
45
(B) When a prescriber personally furnishes drugs to a 2,176
patient pursuant to division (A)(1) of this section, the 2,177
prescriber shall ensure that the drugs are labeled and packaged 2,178
in accordance with state and federal drug laws and any rules and 2,179
regulations adopted pursuant to those laws. Records of purchase 2,180
and disposition of all drugs personally furnished to patients 2,181
shall be maintained by the prescriber in accordance with state 2,182
and federal drug statutes and any rules adopted pursuant to those 2,184
statutes.
(C) Nothing in this chapter prohibits a person who is 2,186
certified to administer topical ocular pharmaceutical agents 2,187
under Chapter 4725. of the Revised Code from purchasing, 2,188
possessing, or administering topical ocular pharmaceutical agents 2,189
in accordance with Chapter 4725. of the Revised Code. 2,190
Sec. 4729.51. (A) No person other than a registered 2,199
wholesale distributor of dangerous drugs shall possess for sale, 2,200
sell, distribute, or deliver, at wholesale, dangerous drugs, 2,201
except as follows: 2,202
(1) A pharmacist who is a licensed terminal distributor of 2,204
dangerous drugs or who is employed by a licensed terminal 2,205
distributor of dangerous drugs may make occasional sales of 2,206
dangerous drugs at wholesale; 2,207
(2) A licensed terminal distributor of dangerous drugs 2,209
having more than one establishment or place may transfer or 2,210
deliver dangerous drugs from one establishment or place for which 2,211
a license has been issued to the terminal distributor to another 2,212
establishment or place for which a license has been issued to the 2,213
terminal distributor if the license issued for each establishment 2,215
or place is in effect at the time of the transfer or delivery. 2,216
(B)(1) No registered wholesale distributor of dangerous 2,218
drugs shall possess for sale, or sell, at wholesale, dangerous 2,219
drugs to any person other than the following: 2,220
(a) A licensed health professional authorized to prescribe 2,223
drugs;
46
(b) AN OPTOMETRIST LICENSED UNDER CHAPTER 4725. OF THE 2,225
REVISED CODE WHO HOLDS A TOPICAL OCULAR PHARMACEUTICAL AGENTS 2,226
CERTIFICATE;
(c) A registered wholesale distributor of dangerous drugs; 2,228
(c)(d) A manufacturer of dangerous drugs; 2,230
(d)(e) A licensed terminal distributor of dangerous drugs, 2,232
subject to division (B)(2) of this section; 2,233
(e)(f) Carriers or warehousers for the purpose of carriage 2,236
or storage; 2,237
(f)(g) Terminal or wholesale distributors of dangerous 2,239
drugs who are not engaged in the sale of dangerous drugs within 2,240
this state; 2,241
(g)(h) An individual who holds a current license, 2,243
certificate, or registration issued under Title 47 of the Revised 2,245
Code and has been certified to conduct diabetes education by a 2,246
national certifying body specified in rules adopted by the state 2,247
board of pharmacy under section 4729.68 of the Revised Code, but 2,248
only with respect to insulin that will be used for the purpose of 2,250
diabetes education and only if diabetes education is within the 2,251
individual's scope of practice under statutes and rules 2,252
regulating the individual's profession. 2,253
(2) No registered wholesale distributor of dangerous drugs 2,255
shall possess dangerous drugs for sale at wholesale, or sell such 2,256
drugs at wholesale, to a licensed terminal distributor of 2,257
dangerous drugs, except to: 2,258
(a) A terminal distributor who has a category I license, 2,260
only dangerous drugs described in category I, as defined in 2,261
division (A)(1) of section 4729.54 of the Revised Code; 2,262
(b) A terminal distributor who has a category II license, 2,264
only dangerous drugs described in category I and category II, as 2,265
defined in divisions (A)(1) and (2) of section 4729.54 of the 2,266
Revised Code; 2,267
(c) A terminal distributor who has a category III license, 2,269
dangerous drugs described in category I, category II, and 2,270
47
category III, as defined in divisions (A)(1), (2), and (3) of 2,271
section 4729.54 of the Revised Code; 2,272
(d) A terminal distributor who has a limited category I, 2,274
II, or III license, only the dangerous drugs specified in the 2,275
certificate furnished by the terminal distributor in accordance 2,276
with section 4729.60 of the Revised Code. 2,277
(C)(1) Except as provided in division (C)(4) of this 2,279
section, no person shall sell, at retail, dangerous drugs. 2,280
(2) Except as provided in division (C)(4) of this section, 2,282
no person shall possess for sale, at retail, dangerous drugs. 2,283
(3) Except as provided in division (C)(4) of this section, 2,285
no person shall possess dangerous drugs. 2,286
(4) Divisions (C)(1), (2), and (3) of this section do not 2,288
apply to a registered wholesale distributor of dangerous drugs, a 2,289
licensed terminal distributor of dangerous drugs, or a person who 2,290
possesses, or possesses for sale or sells, at retail, a dangerous 2,292
drug in accordance with Chapters 3719., 4715., 4725., 4729., 2,293
4731., and 4741. or section 4723.56 of the Revised Code. 2,294
Divisions (C)(1), (2), and (3) of this section do not apply 2,297
to an individual who holds a current license, certificate, or 2,298
registration issued under Title 47 of the Revised Code and has 2,301
been certified to conduct diabetes education by a national 2,302
certifying body specified in rules adopted by the state board of 2,303
pharmacy under section 4729.68 of the Revised Code, but only to 2,305
the extent that the individual possesses insulin or personally 2,306
supplies insulin solely for the purpose of diabetes education and 2,307
only if diabetes education is within the individual's scope of 2,308
practice under statutes and rules regulating the individual's 2,309
profession. 2,310
(D) No licensed terminal distributor of dangerous drugs 2,312
shall purchase for the purpose of resale dangerous drugs from any 2,314
person other than a registered wholesale distributor of dangerous 2,316
drugs, except as follows: 2,317
(1) A licensed terminal distributor of dangerous drugs may 2,319
48
make occasional purchases of dangerous drugs for resale from a 2,320
pharmacist who is a licensed terminal distributor of dangerous 2,321
drugs or who is employed by a licensed terminal distributor of 2,322
dangerous drugs; 2,323
(2) A licensed terminal distributor of dangerous drugs 2,325
having more than one establishment or place may transfer or 2,326
receive dangerous drugs from one establishment or place for which 2,327
a license has been issued to the terminal distributor to another 2,328
establishment or place for which a license has been issued to the 2,329
terminal distributor if the license issued for each establishment 2,330
or place is in effect at the time of the transfer or receipt. 2,331
(E) No licensed terminal distributor of dangerous drugs 2,333
shall engage in the sale or other distribution of dangerous drugs 2,334
at retail or maintain possession, custody, or control of 2,335
dangerous drugs for any purpose other than the distributor's 2,336
personal use or consumption, at any establishment or place other 2,338
than that or those described in the license issued by the board 2,339
of pharmacy to such terminal distributor. 2,340
(F) Nothing in this section shall be construed to 2,342
interfere with the performance of official duties by any law 2,343
enforcement official authorized by municipal, county, state, or 2,345
federal law to collect samples of any drug, regardless of its 2,346
nature or in whose possession it may be. 2,347
Sec. 4729.60. (A) Before a registered wholesale 2,356
distributor of dangerous drugs may sell dangerous drugs at 2,357
wholesale to any person, other than a licensed health 2,358
professional authorized to prescribe drugs, a registered 2,360
wholesale distributor of dangerous drugs, a manufacturer of 2,361
dangerous drugs, a carrier or a warehouser but only for the 2,363
purpose of carriage or storage, or a terminal distributor of 2,364
dangerous drugs who is not engaged in the sale of dangerous drugs 2,365
within this state THE PERSONS SPECIFIED IN DIVISIONS (B)(1)(a) TO 2,367
(d) AND (B)(1)(f) TO (h) OF SECTION 4729.51 OF THE REVISED CODE, 2,369
such wholesale distributor shall obtain from the purchaser and 2,370
49
the purchaser shall furnish to the wholesale distributor a 2,371
certificate indicating that the purchaser is a licensed terminal 2,372
distributor of dangerous drugs. The certificate shall be in the 2,373
form that the state board of pharmacy shall prescribe, and shall 2,374
set forth the name of the licensee, the number of the license, a 2,375
description of the place or establishment or each place or 2,376
establishment for which the license was issued, the category of 2,377
licensure, and, if the license is a limited category I, II, or 2,378
III license, the dangerous drugs that the licensee is authorized 2,379
to possess, have custody or control of, and distribute. 2,380
If no certificate is obtained or furnished before a sale is 2,383
made, it shall be presumed that the sale of dangerous drugs by 2,384
the wholesale distributor is in violation of division (B) of 2,385
section 4729.51 of the Revised Code and the purchase of dangerous 2,387
drugs by the purchaser is in violation of division (C) of section 2,388
4729.51 of the Revised Code. If a registered wholesale 2,389
distributor of dangerous drugs obtains or is furnished a 2,390
certificate from a terminal distributor of dangerous drugs and 2,391
relies on the certificate in selling dangerous drugs at wholesale 2,392
to the terminal distributor of dangerous drugs, the wholesale 2,394
distributor of dangerous drugs shall be deemed not to have 2,395
violated division (B) of section 4729.51 of the Revised Code in 2,396
making the sale.
(B) Before a licensed terminal distributor of dangerous 2,398
drugs may purchase dangerous drugs at wholesale, the terminal 2,400
distributor shall obtain from the seller and the seller shall 2,401
furnish to the terminal distributor the number of the seller's 2,402
registration certificate to engage in the sale of dangerous drugs 2,403
at wholesale. 2,404
If no registration number is obtained or furnished before a 2,407
purchase is made, it shall be presumed that the purchase of 2,408
dangerous drugs by the terminal distributor is in violation of 2,409
division (D) of section 4729.51 of the Revised Code and the sale 2,411
of dangerous drugs by the seller is in violation of division (A) 2,412
50
of section 4729.51 of the Revised Code. If a licensed terminal 2,413
distributor of dangerous drugs obtains or is furnished a 2,414
registration number from a wholesale distributor of dangerous 2,415
drugs and relies on the registration number in purchasing 2,416
dangerous drugs at wholesale from the wholesale distributor of 2,418
dangerous drugs, the terminal distributor shall be deemed not to 2,420
have violated division (D) of section 4729.51 of the Revised Code 2,421
in making the purchase. 2,422
Sec. 4731.44. (A) As used in this section, "supplier" 2,431
means a person who prepares or sells spectacles, eyeglasses, 2,432
lenses, contact lenses, or other vision correcting items, 2,433
devices, or procedures HAS THE SAME MEANING AS IN SECTION 4725.28 2,434
OF THE REVISED CODE.
(A) A doctor of medicine and surgery or of osteopathic 2,437
medicine and surgery who is licensed (B) AN INDIVIDUAL 2,438
AUTHORIZED UNDER THIS CHAPTER to practice medicine and surgery or 2,439
osteopathic medicine and surgery in this state, on completion of 2,441
a vision examination and diagnosis, shall give each patient for 2,442
whom the doctor INDIVIDUAL prescribes any vision correcting item, 2,444
device, or procedure, one copy of the prescription, without 2,445
additional charge to the patient. The prescription shall include 2,446
the following:
(1) The date of its issuance; 2,448
(2) Sufficient information to enable the patient to obtain 2,450
from the supplier of the patient's choice, the vision correcting 2,452
item, device, or procedure that has been prescribed. 2,453
(B)(C) Any supplier who fills a prescription for contact 2,456
lenses furnished by a doctor of AN INDIVIDUAL AUTHORIZED UNDER 2,457
THIS CHAPTER TO PRACTICE medicine and surgery or a doctor of 2,459
osteopathic medicine and surgery under this section or by an 2,461
optometrist under section 4725.17 of the Revised Code shall 2,463
furnish the patient with written recommendations to return to the 2,464
prescribing doctor or optometrist for evaluation of the contact 2,467
lens fitting.
51
(C)(D) Any supplier, INCLUDING AN INDIVIDUAL AUTHORIZED 2,470
UNDER THIS CHAPTER TO PRACTICE MEDICINE AND SURGERY OR
OSTEOPATHIC MEDICINE AND SURGERY WHO IS A SUPPLIER, may advertise 2,471
to inform the general public of the price that the supplier 2,473
charges for any vision correcting item, device, or procedure. An 2,474
advertisement of that nature shall indicate whether the price 2,475
includes a correcting item, device, or procedure. An 2,476
advertisement of that nature shall indicate whether the price 2,477
includes one or more of SPECIFY the following: 2,478
(1) An WHETHER THE PRICE INCLUDES AN eye examination; 2,480
(2) In the case of lenses, WHETHER THE PRICE APPLIES TO 2,482
single-vision or multifocal lenses; 2,484
(3) In the case of contact lenses, hard WHETHER THE PRICE 2,486
APPLIES TO RIGID or soft lenses AND WHETHER THERE IS AN 2,487
ADDITIONAL CHARGE RELATED TO THE FITTING AND DETERMINATION OF THE 2,488
TYPE OF CONTACT LENSES TO BE WORN THAT IS NOT INCLUDED IN THE 2,489
PRICE OF THE EYE EXAMINATION.
(E) The state medical board shall not adopt any rule that 2,491
restricts the right to advertise as permitted by DIVISION (D) OF 2,493
this section.
(F) Any municipal corporation code, ordinance, or 2,495
regulation or any township resolution that conflicts with a 2,496
supplier's right to advertise as permitted by DIVISION (D) OF 2,497
this section is superseded by DIVISION (D) OF this section and is 2,499
invalid. A municipal corporation code, ordinance, or regulation 2,500
or a township resolution conflicts with DIVISION (D) OF this 2,501
section if it restricts a supplier's right to advertise as 2,502
permitted by DIVISION (D) OF this section. 2,503
Sec. 5903.12. (A) As used in this section: 2,512
(1) "Continuing education" means continuing education 2,514
required of a licensee by law and includes, but is not limited 2,515
to, the continuing education required of licensees under sections 2,516
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24, 2,517
4725.10 4725.16, 4725.51, 4731.281, 4735.141, 4736.11, 4741.16, 2,519
52
4741.19, 4751.07, 4755.63, 4757.33, 4759.06, 4761.06, and 4763.07 2,521
of the Revised Code.
(2) "License" means a license, certificate, permit, or 2,523
other authorization issued or conferred by a licensing agency 2,524
under which a licensee may engage in a profession, occupation, or 2,525
occupational activity. 2,526
(3) "Licensee" means a person to whom all of the following 2,528
apply: 2,529
(a) The person has been issued a license by a licensing 2,531
agency. 2,532
(b) The person is a member of the Ohio national guard, the 2,534
Ohio military reserve, the Ohio naval militia, or a reserve 2,535
component of the armed forces of the United States. 2,536
(c) The person has been called to active duty, whether 2,538
inside or outside the United States, because of an executive 2,540
order issued by the president of the United States or an act of 2,541
congress, for a period in excess of thirty-one days. 2,542
(4) "Licensing agency" means any state department, 2,544
division, board, commission, agency, or other state governmental 2,545
unit authorized by the Revised Code to issue a license. 2,546
(5) "Reporting period" means the period of time during 2,548
which a licensee must complete the number of hours of continuing 2,549
education required of the licensee by law. 2,550
(B) Each licensing agency, upon receiving an application 2,552
from one of its licensees that is accompanied by proper 2,553
documentation certifying that the licensee has been called to 2,554
active duty as described in division (A)(3)(c) of this section 2,556
during the current or a prior reporting period and certifying the 2,557
length of that active duty, shall extend the current reporting 2,558
period by an amount of time equal to the total number of months 2,559
that the licensee spent on active duty during the current 2,560
reporting period. For purposes of this division, any portion of 2,561
a month served on active duty shall be considered one full month. 2,562
Section 2. That existing sections 4725.01, 4725.02, 2,565
53
4725.03, 4725.04, 4725.05, 4725.06, 4725.07, 4725.08, 4725.09, 2,566
4725.091, 4725.10, 4725.11, 4725.111, 4725.112, 4725.113, 2,567
4725.114, 4725.12, 4725.13, 4725.14, 4725.15, 4725.16, 4725.17, 2,568
4725.18, 4725.21, 4725.59, 4725.60, 4725.99, 4729.29, 4729.51, 2,569
4729.60, 4731.44, and 5903.12 of the Revised Code are hereby 2,570
repealed.