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To amend sections 4725.01, 4725.09, 4725.16, 4725.23, | 1 |
4725.26, 4725.28, and 4731.44 and to enact | 2 |
sections 4725.011, 4725.012, and 4725.091 of the | 3 |
Revised Code to modify the laws governing the | 4 |
State Board of Optometry and the practice of | 5 |
optometry, including the laws authorizing | 6 |
optometrists to administer and prescribe drugs. | 7 |
Section 1. That sections 4725.01, 4725.09, 4725.16, 4725.23, | 8 |
4725.26, 4725.28, and 4731.44 be amended and sections 4725.011, | 9 |
4725.012, and 4725.091 of the Revised Code be enacted to read as | 10 |
follows: | 11 |
Sec. 4725.01. As used in this chapter: | 12 |
(A)(1) The "practice of optometry" means the application of | 13 |
optical principles, through technical methods and devices, in the | 14 |
examination of human eyes for the purpose of ascertaining | 15 |
departures from the normal, measuring their functional powers, | 16 |
adapting optical accessories for the aid thereof, and detecting | 17 |
ocular abnormalities that may be evidence of disease, pathology, | 18 |
or injury. | 19 |
(2) In the case of a licensed optometrist who holds a topical | 20 |
ocular pharmaceutical agents certificate, the "practice of | 21 |
optometry" has the same meaning as in division (A)(1) of this | 22 |
section, except that it also includes | 23 |
ocular pharmaceutical agents | 24 |
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(3) In the case of a licensed optometrist who holds a | 26 |
therapeutic pharmaceutical agents certificate, the "practice of | 27 |
optometry" has the same meaning as in | 28 |
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all of the following: | 30 |
(a) Employing, applying, administering, and prescribing | 31 |
instruments, devices, and procedures other than invasive | 32 |
procedures | 33 |
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treatment, or prevention of any disease, injury, or other abnormal | 36 |
condition of the visual system; | 37 |
(b) | 38 |
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therapeutic pharmaceutical agents; | 40 |
(c) Performance of the invasive procedures specified in | 41 |
division (C) of section 4725.012 of the Revised Code. | 42 |
(B) "Topical ocular pharmaceutical | 43 |
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may be used in accordance with section 4725.011 of the Revised | 64 |
Code by a licensed optometrist who holds a topical ocular | 65 |
pharmaceutical agents certificate. | 66 |
(C) "Therapeutic pharmaceutical agent" means a | 67 |
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accordance with section 4725.012 of the Revised Code by a licensed | 106 |
optometrist who holds a therapeutic pharmaceutical agents | 107 |
certificate. | 108 |
(D) "Drug" | 109 |
meaning as in section 4729.01 of the Revised Code. | 110 |
(E) "Controlled substance" has the same meaning as in section | 111 |
3719.01 of the Revised Code. | 112 |
(F) "Invasive procedure" means any procedure that involves | 113 |
cutting or otherwise infiltrating human tissue by mechanical means | 114 |
including surgery, laser surgery, ionizing radiation, therapeutic | 115 |
ultrasound, | 116 |
of intraocular foreign bodies, or the administration of a drug by | 117 |
injection. | 118 |
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or subordinate anatomical parts. | 120 |
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by the state board of optometry under section 4725.13 of the | 122 |
Revised Code authorizing the holder to practice optometry as | 123 |
provided in division (A)(1) of this section. | 124 |
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means a certificate issued by the state board of optometry under | 126 |
section 4725.13 of the Revised Code authorizing the holder to | 127 |
practice optometry as provided in division (A)(2) of this section. | 128 |
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a certificate issued by the state board of optometry under | 130 |
division (A)(3) or (4) of section 4725.13 of the Revised Code | 131 |
authorizing the holder to practice optometry as provided in | 132 |
division (A)(3) of this section. | 133 |
Sec. 4725.011. (A) Subject to division (B) of this section, a | 134 |
licensed optometrist who holds a topical ocular pharmaceutical | 135 |
agents certificate is practicing within the optometrist's scope of | 136 |
practice when the optometrist administers a drug topically for | 137 |
evaluative purposes in the practice of optometry as specified in | 138 |
division (A)(1) of section 4725.01 of the Revised Code. | 139 |
(B) A licensed optometrist who holds a topical ocular | 140 |
pharmaceutical agents certificate is not authorized to do any of | 141 |
the following: | 142 |
(1) Administer a drug by any method other than topical | 143 |
administration; | 144 |
(2) Administer a schedule II controlled substance; | 145 |
(3) Administer a schedule III controlled substance or its | 146 |
equivalent unless the drug is authorized by the state board of | 147 |
optometry in rules adopted under section 4725.091 of the Revised | 148 |
Code. | 149 |
Sec. 4725.012. (A) Subject to division (B) of this section, a | 150 |
licensed optometrist who holds a therapeutic pharmaceutical agents | 151 |
certificate is practicing within the optometrist's scope of | 152 |
practice when the optometrist administers or prescribes a drug for | 153 |
purposes of diagnosis, treatment or prevention of injury, or | 154 |
treatment or management of disease or any other abnormal condition | 155 |
within or originating from the visual system. The optometrist's | 156 |
scope of practice includes the topical administration of drugs | 157 |
that may be administered by a licensed optometrist who holds a | 158 |
topical ocular pharmaceutical agents certificate. | 159 |
(B) A licensed optometrist who holds a therapeutic | 160 |
pharmaceutical agents certificate is not authorized to do any of | 161 |
the following: | 162 |
(1) Administer a drug by injection except as provided in | 163 |
division (C) of this section; | 164 |
(2) Administer or prescribe a schedule II controlled | 165 |
substance; | 166 |
(3) Administer or prescribe a schedule III controlled | 167 |
substance or its equivalent unless the drug is authorized by the | 168 |
board in rules adopted under section 4729.091 of the Revised Code. | 169 |
(C) A licensed optometrist who holds a therapeutic | 170 |
pharmaceutical agents certificate is authorized to perform the | 171 |
following invasive procedures: | 172 |
(1) Administration of a drug by injection for purposes of | 173 |
counteracting anaphylaxis or an anaphylactic reaction; | 174 |
(2) Use of a device that infiltrates human tissue for | 175 |
purposes of testing the level of glucose in an individual's blood. | 176 |
Sec. 4725.09. (A) The state board of optometry shall adopt | 177 |
rules as it considers necessary to govern the practice of | 178 |
optometry and to administer and enforce sections 4725.01 to | 179 |
4725.34 of the Revised Code. All rules adopted under sections | 180 |
4725.01 to 4725.34 of the Revised Code shall be adopted in | 181 |
accordance with Chapter 119. of the Revised Code. | 182 |
(B) | 183 |
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be met and procedures to be followed with respect to the | 188 |
delegation by an optometrist of the performance of an optometric | 189 |
task to a person who is not licensed or otherwise specifically | 190 |
authorized by the Revised Code to perform the task. The rules | 191 |
shall permit an optometrist who holds a topical ocular | 192 |
pharmaceutical agents certificate or therapeutic pharmaceutical | 193 |
agents certificate to delegate the administration of drugs | 194 |
included in the optometrist's scope of practice. | 195 |
The rules adopted under this division shall provide for all | 196 |
of the following: | 197 |
(1) On-site supervision when the delegation occurs in an | 198 |
institution or other facility that is used primarily for the | 199 |
purpose of providing health care, unless the board established a | 200 |
specific exception to the on-site supervision requirement with | 201 |
respect to routine administration of a topical drug; | 202 |
(2) Evaluation of whether delegation is appropriate according | 203 |
to the acuity of the patient involved; | 204 |
(3) Training and competency requirements that must be met by | 205 |
the person administering the drugs; | 206 |
(4) Other standards and procedures the board considers | 207 |
relevant. | 208 |
Sec. 4725.091. (A) The state board of optometry shall adopt | 209 |
rules governing the authority of licensed optometrists to | 210 |
administer schedule III controlled substances under a topical | 211 |
ocular pharmaceutical agents certificate and to administer and | 212 |
prescribe schedule III controlled substances under a therapeutic | 213 |
pharmaceutical agents certificate. The rules shall be adopted in | 214 |
accordance with Chapter 119. of the Revised Code and in | 215 |
consultation with the state board of pharmacy. | 216 |
(B) All of the following apply to the state board of | 217 |
optometry in the adoption of rules under this section: | 218 |
(1) The board shall not permit an optometrist to administer | 219 |
or prescribe a schedule III controlled substance other than a drug | 220 |
included in section 3719.41 of the Revised Code within the | 221 |
schedule III narcotics-narcotic preparations category or a drug | 222 |
added by the board pursuant to division (B)(2) of this section. | 223 |
(2) If a drug becomes available in the marketplace that the | 224 |
board determines is the equivalent of a drug included in section | 225 |
3719.41 of the Revised Code within the schedule III | 226 |
narcotics-narcotic preparations category, the board may add the | 227 |
drug to the list of schedule III controlled substances that an | 228 |
optometrist may administer or prescribe. | 229 |
(3) The board shall limit the schedule III controlled | 230 |
substances that optometrists may administer or prescribe to the | 231 |
drugs that the board determines are appropriate for use in the | 232 |
practice of optometry under a topical ocular pharmaceutical agents | 233 |
certificate or therapeutic pharmaceutical agents certificate. | 234 |
(4) With regard to prescribing schedule III controlled | 235 |
substances, the board shall establish prescription protocols to be | 236 |
followed by optometrists who hold therapeutic pharmaceutical | 237 |
agents certificates. The board shall take into account the | 238 |
prescription protocols that exist within the health care | 239 |
marketplace and are used in other states that grant optometrists | 240 |
the authority to prescribe drugs. | 241 |
(5) The board shall establish standards and procedures | 242 |
governing the administration and prescription of schedule III | 243 |
controlled substances by taking into consideration and examining | 244 |
issues that include the appropriate length of drug therapy, | 245 |
appropriate protocols for drug treatment, necessary monitoring | 246 |
systems, and any other factors the board considers relevant. | 247 |
(6) The board shall conduct an annual review of the rules | 248 |
adopted under this section. | 249 |
Sec. 4725.16. (A) Each certificate of licensure, topical | 250 |
ocular pharmaceutical agents certificate, and therapeutic | 251 |
pharmaceutical agents certificate issued by the state board of | 252 |
optometry shall expire annually on the last day of December, and | 253 |
may be renewed in accordance with this section and the standard | 254 |
renewal procedure established under Chapter 4745. of the Revised | 255 |
Code. | 256 |
An optometrist seeking to continue to practice optometry | 257 |
shall file with the board an application for license renewal. The | 258 |
application shall be in such form and require such pertinent | 259 |
professional biographical data as the board may require. | 260 |
(B) All licensed optometrists shall annually complete | 261 |
continuing education in subjects relating to the practice of | 262 |
optometry, to the end that the utilization and application of new | 263 |
techniques, scientific and clinical advances, and the achievements | 264 |
of research will assure comprehensive care to the public. The | 265 |
board shall prescribe by rule the continuing optometric education | 266 |
that licensed optometrists must complete. The length of study | 267 |
shall be
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of instruction in pharmacology to be completed by all licensed | 271 |
optometrists | 272 |
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Unless the continuing education required under this division | 274 |
is waived or deferred under division (D) of this section, the | 275 |
continuing education must be completed during the twelve-month | 276 |
period beginning on the first day of October and ending on the | 277 |
last day of September. If the board receives notice from a | 278 |
continuing education program indicating that an optometrist | 279 |
completed the program after the last day of September, and the | 280 |
optometrist wants to use the continuing education completed after | 281 |
that day to renew the license that expires on the last day of | 282 |
December of that year, the optometrist shall pay the penalty | 283 |
specified under section 4725.34 of the Revised Code for late | 284 |
completion of continuing education. | 285 |
At least once annually, the board shall mail to each licensed | 286 |
optometrist a list of courses approved in accordance with | 287 |
standards prescribed by board rule. Upon the request of a licensed | 288 |
optometrist, the executive director of the board shall supply a | 289 |
list of additional courses that the board has approved subsequent | 290 |
to the most recent mailing of the list of approved courses. | 291 |
(C)(1) Annually, | 292 |
the board shall mail
| 293 |
regarding license renewal | 294 |
be eligible for renewal. The notice shall be sent to the | 295 |
optometrist's last address shown in the board's records. If the | 296 |
board knows that the optometrist has completed the required | 297 |
continuing optometric education for the year, the board may | 298 |
include with the notice an application for license renewal. | 299 |
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(2) Filing a license renewal application with the board shall | 304 |
serve as notice by the optometrist that the continuing optometric | 305 |
education requirement has been successfully completed. If | 306 |
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required continuing optometric education, the board shall | 308 |
disapprove the optometrist's application. The board's disapproval | 309 |
of renewal is effective without a hearing, unless a hearing is | 310 |
requested pursuant to
Chapter 119. of the Revised Code. | 311 |
(3) The board shall refuse to accept an application for | 312 |
renewal from any applicant whose license is not in good standing | 313 |
or who is under disciplinary review pursuant to section 4725.19 of | 314 |
the Revised Code. | 315 |
(4) Notice of an applicant's failure to qualify for renewal | 316 |
shall be
served upon the applicant
by
mail | 317 |
shall be sent | 318 |
November to the applicant's last address shown in the board's | 319 |
records. | 320 |
(D) In cases of certified illness or undue hardship, the | 321 |
board may waive or defer for up to twelve months the requirement | 322 |
of continuing optometric education, except that in such cases the | 323 |
board may not waive or defer the continuing education in | 324 |
pharmacology required to be completed by optometrists who hold | 325 |
topical ocular pharmaceutical agents certificates or therapeutic | 326 |
pharmaceutical agents certificates. The board shall waive the | 327 |
requirement of continuing optometric education for any optometrist | 328 |
who is serving in the armed forces of the United States or who has | 329 |
received an initial certificate of licensure during the nine-month | 330 |
period which ended on the last day of September. | 331 |
(E) | 332 |
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An optometrist whose renewal application has been approved may | 334 |
renew each certificate held by paying to the treasurer of state | 335 |
the fees for renewal specified under section 4725.34 of the | 336 |
Revised Code. On payment of all applicable fees, the board shall | 337 |
issue a renewal of the optometrist's certificate of licensure, | 338 |
topical ocular pharmaceutical agents certificate, and therapeutic | 339 |
pharmaceutical agents certificate, as appropriate. | 340 |
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fifteenth day of December, the board shall mail a second notice | 346 |
regarding license renewal to each licensed optometrist who may be | 347 |
eligible for renewal but did not respond to the notice sent under | 348 |
division (C)(1) of this section. The notice shall be sent to the | 349 |
optometrist's last address shown in the board's records. If an | 350 |
optometrist fails to file a renewal application after the second | 351 |
notice is sent, the board shall send a third notice regarding | 352 |
license renewal prior to any action under division (I) of this | 353 |
section to classify the optometrist's certificates as
delinquent | 354 |
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(G) The failure of an optometrist to apply for license | 356 |
renewal or the failure to pay the applicable annual renewal fees | 357 |
on or before the date of expiration, shall automatically work a | 358 |
forfeiture of the optometrist's authority to practice optometry in | 359 |
this state. | 360 |
(H) The board shall accept renewal applications and renewal | 361 |
fees that are submitted from the first day of January to the last | 362 |
day of April of the year next succeeding the date of expiration. | 363 |
An individual who submits such a late renewal application or fee | 364 |
shall pay the late renewal fee specified in section 4725.34 of the | 365 |
Revised Code. | 366 |
(I)(1) If the certificates issued by the board to an | 367 |
individual have expired and the individual has not filed a | 368 |
complete application during the late renewal period, the | 369 |
individual's certificates shall be classified in the board's | 370 |
records as delinquent. | 371 |
(2) Any optometrist subject to delinquent classification may | 372 |
submit a written application to the board for reinstatement. For | 373 |
reinstatement to occur, the applicant must meet all of the | 374 |
following conditions: | 375 |
(a) Submit to the board evidence of compliance with board | 376 |
rules requiring continuing optometric education in a sufficient | 377 |
number of hours to make up for any delinquent compliance; | 378 |
(b) Pay the renewal fees for the year in which application | 379 |
for reinstatement is made and the reinstatement fee specified | 380 |
under division (A)(8) of section 4725.34 of the Revised Code; | 381 |
(c) Pass all or part of the licensing examination accepted by | 382 |
the board under section 4725.11 of the Revised Code as the board | 383 |
considers appropriate to determine whether the application for | 384 |
reinstatement should be approved; | 385 |
(d) If the applicant has been practicing optometry in another | 386 |
state or country, submit evidence that the applicant's license to | 387 |
practice optometry in the other state or country is in good | 388 |
standing. | 389 |
(3) The board shall approve an application for reinstatement | 390 |
if the conditions specified in division (I)(2) of this section are | 391 |
met. An optometrist who receives reinstatement is subject to the | 392 |
continuing education requirements specified under division (B) of | 393 |
this section for the year in which reinstatement occurs. | 394 |
Sec. 4725.23. (A) The state board of optometry shall | 395 |
investigate evidence that appears to show that a person has | 396 |
violated any provision of sections 4725.01 to 4725.34 of the | 397 |
Revised Code or any rule adopted under those sections. | 398 |
Investigations of alleged violations shall be supervised by the | 399 |
member of the board appointed by the board to act as the | 400 |
supervising member of investigations. The supervising member | 401 |
shall not participate in the final vote that occurs in an | 402 |
adjudication of the case. | 403 |
(B) In investigating a possible violation, the board may | 404 |
administer oaths, order the taking of depositions, issue | 405 |
subpoenas, and compel the attendance of witnesses and production | 406 |
of books, accounts, papers, records, documents, and testimony. A | 407 |
subpoena for patient record information shall not be issued | 408 |
without consultation with the attorney general's office and | 409 |
approval of the secretary of the board and the board's supervising | 410 |
member of investigations. Before issuance of a subpoena for | 411 |
patient record information, the secretary and supervising member | 412 |
shall determine whether there is probable cause to believe that | 413 |
the complaint filed alleges a violation of sections 4725.01 to | 414 |
4725.34 of the Revised Code or any rule adopted under those | 415 |
sections and that the records sought are relevant to the alleged | 416 |
violation and material to the investigation. The subpoena may | 417 |
apply only to records that cover a reasonable period of time | 418 |
surrounding the alleged violation. | 419 |
On failure to comply with any subpoena issued by the board | 420 |
and after reasonable notice to the person being subpoenaed, the | 421 |
board may move for an order compelling the production of persons | 422 |
or records pursuant to the Rules of Civil Procedure. | 423 |
A subpoena issued by the board may be served by a sheriff, | 424 |
the sheriff's deputy, or a board employee designated by the board. | 425 |
Service of a subpoena issued by the board may be made by | 426 |
delivering a copy of the subpoena to the person named therein, | 427 |
reading it to the person, or leaving it at the person's usual | 428 |
place of residence. When the person being served is an optometrist | 429 |
licensed under | 430 |
made by certified mail, restricted delivery, return receipt | 431 |
requested, and the subpoena shall be deemed served on the date | 432 |
delivery is made or the date the optometrist refuses to accept | 433 |
delivery. | 434 |
Each witness who appears before the board in obedience to a | 435 |
subpoena shall receive the fees and mileage provided for witnesses | 436 |
in civil cases in the courts of common pleas. | 437 |
(C) Information received by the board pursuant to an | 438 |
investigation is confidential and not subject to discovery in any | 439 |
civil action. | 440 |
The board shall conduct all investigations and proceedings in | 441 |
a manner that protects the confidentiality of patients and persons | 442 |
who file complaints with the board. The board shall not make | 443 |
public the names or any other identifying information about | 444 |
patients or complainants unless proper consent is given. | 445 |
The board may share any information it receives pursuant to | 446 |
an investigation, including patient records and patient record | 447 |
information, with other licensing boards and governmental agencies | 448 |
that are investigating alleged professional misconduct and with | 449 |
law enforcement agencies and other governmental agencies that are | 450 |
investigating or prosecuting alleged criminal offenses. A board or | 451 |
agency that receives the information shall comply with the same | 452 |
requirements regarding confidentiality as those with which the | 453 |
state board of optometry must comply, notwithstanding any | 454 |
conflicting provision of the Revised Code or procedure of the | 455 |
board or agency that applies when the board or agency is dealing | 456 |
with other information in its possession. The information may be | 457 |
admitted into evidence in a criminal trial in accordance with the | 458 |
Rules of Evidence, but the court shall require that appropriate | 459 |
measures are taken to ensure that confidentiality is maintained | 460 |
with respect to any part of the information that contains names or | 461 |
other identifying information about persons whose confidentiality | 462 |
was protected by the state board of optometry when the information | 463 |
was in the board's possession. Measures to ensure confidentiality | 464 |
that may be taken by the court include sealing its records or | 465 |
deleting specific information from its records. | 466 |
Sec. 4725.26. Division (A) of section 4725.02 of the Revised | 467 |
Code does not apply to the following: | 468 |
(A) Physicians authorized to practice medicine and surgery or | 469 |
osteopathic medicine and surgery under Chapter 4731. of the | 470 |
Revised Code; | 471 |
(B) Persons who sell optical accessories but do not assume to | 472 |
adapt them to the eye, and neither practice nor profess to | 473 |
practice optometry; | 474 |
(C) An instructor in a school of optometry that is located in | 475 |
this state and approved by the state board of optometry under | 476 |
section 4725.10 of the Revised Code who holds a valid current | 477 |
license to practice optometry from a licensing body in another | 478 |
jurisdiction and limits the practice of optometry to the | 479 |
instruction of students enrolled in the school. | 480 |
(D) A student | 481 |
in this or another state and approved by the board under section | 482 |
4725.10 of the
Revised
Code, while | 483 |
participating in this state in an optometry
training program | 484 |
485 | |
under the direct, personal supervision and control of an | 486 |
optometrist licensed by the board or authorized to practice | 487 |
pursuant to division (C) of this section. | 488 |
(E) An individual who is licensed or otherwise specifically | 489 |
authorized by the Revised Code to engage in an activity that is | 490 |
included in the practice of optometry. | 491 |
(F) An individual who is not licensed or otherwise | 492 |
specifically authorized by the Revised Code to engage in an | 493 |
activity that is included in the practice of optometry, but is | 494 |
acting pursuant to the rules for delegation of optometric tasks | 495 |
adopted under section 4725.09 of the Revised Code. | 496 |
Sec. 4725.28. (A) As used in this section, "supplier" means | 497 |
any person who prepares or sells optical accessories or other | 498 |
vision correcting items, devices, or procedures. | 499 |
(B) A licensed optometrist, on completion of a vision | 500 |
examination and diagnosis, shall give each patient for whom the | 501 |
optometrist prescribes any vision correcting item, device, or | 502 |
procedure, one copy of the prescription, without additional charge | 503 |
to the patient. The prescription shall include the following: | 504 |
(1) The date of its issuance; | 505 |
(2) Sufficient information to enable the patient to obtain | 506 |
from the supplier of the patient's choice, the optical accessory | 507 |
or other vision correcting item, device, or procedure that has | 508 |
been prescribed; | 509 |
(3) In the case of contact lenses, all information specified | 510 |
as part of a contact lens prescription, as defined in the | 511 |
"Fairness to Contact Lens Consumers Act," 117 Stat. 2004 (2003), | 512 |
U.S.C. 7610. | 513 |
(C) Any supplier who fills a prescription for contact lenses | 514 |
furnished by an optometrist shall furnish the patient with written | 515 |
recommendations to return to the prescribing optometrist for | 516 |
evaluation of the contact lens fitting. | 517 |
(D) Any supplier, including an optometrist who is a supplier, | 518 |
may advertise to inform the general public of the price that the | 519 |
supplier charges for any vision correcting item, device, or | 520 |
procedure. Any such advertisement shall specify the following: | 521 |
(1) Whether the advertised item includes an eye examination; | 522 |
(2) In the case of lenses, whether the price applies to | 523 |
single-vision or multifocal lenses; | 524 |
(3) In the case of contact lenses, whether the price applies | 525 |
to rigid or soft lenses and whether there is an additional charge | 526 |
related to the fitting and determination of the type of contact | 527 |
lenses to be worn that is not included in the price of the eye | 528 |
examination. | 529 |
(E) The state board of optometry shall not adopt any rule | 530 |
that restricts the right to advertise as permitted by division (D) | 531 |
of this section. | 532 |
(F) Any municipal corporation code, ordinance, or regulation | 533 |
or any township resolution that conflicts with a supplier's right | 534 |
to advertise as permitted by division (D) of this section is | 535 |
superseded by division (D) of this section and is invalid. A | 536 |
municipal corporation code, ordinance, or regulation or a township | 537 |
resolution conflicts with division (D) of this section if it | 538 |
restricts a supplier's right to advertise as permitted by division | 539 |
(D) of this section. | 540 |
Sec. 4731.44. (A) As used in this section, "supplier" has | 541 |
the same meaning as in section 4725.28 of the Revised Code. | 542 |
(B) An individual authorized under this chapter to practice | 543 |
medicine and surgery or osteopathic medicine and surgery, on | 544 |
completion of a vision examination and diagnosis, shall give each | 545 |
patient for whom the individual prescribes any vision correcting | 546 |
item, device, or procedure, one copy of the prescription, without | 547 |
additional charge to the patient. The prescription shall include | 548 |
the following: | 549 |
(1) The date of its issuance; | 550 |
(2) Sufficient information to enable the patient to obtain | 551 |
from the supplier of the patient's choice, the vision correcting | 552 |
item, device, or procedure that has been prescribed; | 553 |
(3) In the case of contact lenses, all information specified | 554 |
as part of a contact lens prescription, as defined in the | 555 |
"Fairness to Contact Lens Consumers Act," 117 Stat. 2004 (2003), | 556 |
U.S.C. 7610. | 557 |
(C) Any supplier who fills a prescription for contact lenses | 558 |
furnished by an individual authorized under this chapter to | 559 |
practice medicine and surgery or osteopathic medicine and surgery | 560 |
shall furnish the patient with written recommendations to return | 561 |
to the prescribing doctor for evaluation of the contact lens | 562 |
fitting. | 563 |
(D) Any supplier, including an individual authorized under | 564 |
this chapter to practice medicine and surgery or osteopathic | 565 |
medicine and surgery who is a supplier, may advertise to inform | 566 |
the general public of the price that the supplier charges for any | 567 |
vision correcting item, device, or procedure. An advertisement of | 568 |
that nature shall specify the following: | 569 |
(1) Whether the price includes an eye examination; | 570 |
(2) In the case of lenses, whether the price applies to | 571 |
single-vision or multifocal lenses; | 572 |
(3) In the case of contact lenses, whether the price applies | 573 |
to rigid or soft lenses and whether there is an additional charge | 574 |
related to the fitting and determination of the type of contact | 575 |
lenses to be worn that is not included in the price of the eye | 576 |
examination. | 577 |
(E) The state medical board shall not adopt any rule that | 578 |
restricts the right to advertise as permitted by division (D) of | 579 |
this section. | 580 |
(F) Any municipal corporation code, ordinance, or regulation | 581 |
or any township resolution that conflicts with a supplier's right | 582 |
to advertise as permitted by division (D) of this section is | 583 |
superseded by division (D) of this section and is invalid. A | 584 |
municipal corporation code, ordinance, or regulation or a township | 585 |
resolution conflicts with division (D) of this section if it | 586 |
restricts a supplier's right to advertise as permitted by division | 587 |
(D) of this section. | 588 |
Section 2. That existing sections 4725.01, 4725.09, 4725.16, | 589 |
4725.23, 4725.26, 4725.28, and 4731.44 of the Revised Code are | 590 |
hereby repealed. | 591 |