As Passed by the House

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 149

Representatives Daniels, Strahorn 

Cosponsors: Representatives Stewart, J., Driehaus, Aslanides, Bolon, McGregor, J., Wolpert, Luckie, Gibbs, Hagan, R., Combs, Flowers, Healy, Setzer, Hagan, J., Lundy, Williams, S., Heard, Sykes, Widener, Hughes, Adams, Garrison, Uecker, Huffman, DeBose, Fessler, Distel, Blessing, Patton, Domenick, Fende, Bubp, Beatty, Collier, Peterson, Okey, Stewart, D., Foley, Boyd, Carmichael, Reinhard, Hite, Brown, Gerberry, Koziura, Miller, Sayre, Seitz, Ujvagi, Wachtmann, Webster, Zehringer 

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A BILL

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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 administeringuse of topical	23
ocular pharmaceutical agents for the purposes set forth in	24
division (A)(1) of this section.	25

(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 divisionsdivision (A)(1)	28
and (2) of this section, except that it also includes employing	29
all of the following:	30

(a) Employing, applying, administering, and prescribing	31
instruments, devices, and procedures other than invasive	32
procedures, and therapeutic pharmaceutical agents for the	33
following purposes:	34

(a) Examinationof examination, investigation, diagnosis,	35
treatment, or prevention of any disease, injury, or other abnormal	36
condition of the visual system;	37

(b) Treatment or cure of any disease, injury, or other	38
abnormal condition of the anterior segment of the human eyeUse of	39
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 agentsagent" means:

43

(1) Proparacaine hydrochloride in a potency not exceeding	44
five-tenths of one per cent ophthalmic solution;	45

(2) Benoxinate hydrochloride in a potency not exceeding	46
four-tenths of one per cent ophthalmic solution;	47

(3) Phenylephrine hydrochloride in a potency not exceeding	48
two and five-tenths per cent ophthalmic solution;	49

(4) Hydroxyamphetamine hydrobromide in a potency not	50
exceeding one per cent ophthalmic solution;	51

(5) Tropicamide in a potency not exceeding one per cent	52
ophthalmic solution;	53

(6) Cyclopentolate in a potency not exceeding one per cent	54
ophthalmic solution;	55

(7) Any other topical ocular pharmaceutical agents if the	56
primary indications for their use are consistent with the purposes	57
set forth in division (A)(1) of this section, their new drug	58
application is approved by and the potency in which they may be	59
used for evaluative purposes has been established by the federal	60
food and drug administration after January 1, 1983, and their use	61
for the purposes set forth in division (A)(1) of this section has	62
been approved by rule of the state board of optometrya drug that	63
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 topical ocular	67
pharmaceutical agent or any of the following drugs or dangerous	68
drugs that is used for examination, investigation, diagnosis, or	69
prevention of disease, injury, or other abnormal condition of the	70
visual system or for treatment or cure of disease, injury, or	71
other abnormal condition of the anterior segment of the human eye	72
and is an anti-microbial, anti-allergy, anti-glaucoma, topical	73
anti-inflammatory, or cycloplegic agent, or an analgesic:	74

(1) A topical ophthalmic preparation;

75

(2) Oral dosage of any of the following drugs:

76

(a) Acetazolamide;

77

(b) Astemizole;

78

(c) Dichlorphenamide;

79

(d) Diphenhydramine;

80

(e) Glycerin in a fifty per cent solution;

81

(f) Isosorbide in a forty-five per cent solution;

82

(g) Methazolamide;

83

(h) Analgesics that may be legally sold without prescription;

84

(i) Terfenadine;

85

(j) Ampicillin in a two hundred fifty milligram or five	86
hundred milligram dosage;	87

(k) Cefaclor in a two hundred fifty milligram or five hundred	88
milligram dosage;	89

(l) Cephalexin in a two hundred fifty milligram or five	90
hundred milligram dosage;	91

(m) Dicloxacillin in a two hundred fifty milligram or five	92
hundred milligram dosage;	93

(n) Doxycycline in a fifty milligram or one hundred milligram	94
dosage;	95

(o) Erythromycin in a two hundred fifty milligram, three	96
hundred and thirty-three milligram, or five hundred milligram	97
dosage;	98

(p) Penicillin VK in a two hundred fifty milligram or five	99
hundred milligram dosage;	100

(q) Tetracycline in a two hundred fifty milligram or five	101
hundred milligram dosage.	102

(3) Any other oral dosage of a drug or dangerous drug that is	103
listed by rule adopted by the state board of optometry under	104
section 4725.09 of the Revised Codedrug that may be used in	105
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" and "dangerous drug" have the same meanings as in	109
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, administering medication by injection, or the removal	116
of intraocular foreign bodies, or the administration of a drug by	117
injection.	118

(F)(G) "Visual system" means the human eye and its accessory	119
or subordinate anatomical parts.	120

(G)(H) "Certificate of licensure" means a certificate issued	121
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

(H)(I) "Topical ocular pharmaceutical agents certificate"	125
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

(I)(J) "Therapeutic pharmaceutical agents certificate" means	129
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 licensed optometrist who holds a topical	134
ocular pharmaceutical agents certificate is practicing within the	135
optometrist's scope of practice when the optometrist administers a	136
drug topically for evaluative purposes in the practice of	137
optometry as specified in division (A)(1) of section 4725.01 of	138
the Revised Code.	139

Sec. 4725.012. (A) Subject to division (B) of this section, a	140
licensed optometrist who holds a therapeutic pharmaceutical agents	141
certificate is practicing within the optometrist's scope of	142
practice when the optometrist administers or prescribes a drug for	143
purposes of diagnosis, treatment or prevention of injury, or	144
treatment or management of disease or any other abnormal condition	145
within or originating from the visual system. The optometrist's	146
scope of practice includes the topical administration of drugs	147
that may be administered by a licensed optometrist who holds a	148
topical ocular pharmaceutical agents certificate.	149

(B) A licensed optometrist who holds a therapeutic	150
pharmaceutical agents certificate is not authorized to do any of	151
the following:	152

(1) Administer a drug by injection except as provided in	153
division (C) of this section;	154

(2) Administer or prescribe a controlled substance unless the	155
drug is a schedule III controlled substance authorized by the	156
board in rules adopted under section 4729.091 of the Revised Code.	157

(C) A licensed optometrist who holds a therapeutic	158
pharmaceutical agents certificate is authorized to perform the	159
following invasive procedures:	160

(1) Administration of a drug by injection for purposes of	161
counteracting anaphylaxis or an anaphylactic reaction;	162

(2) Use of a device that infiltrates human tissue for	163
purposes of testing the level of glucose in an individual's blood.	164

Sec. 4725.09.  (A) The state board of optometry shall adopt	165
rules as it considers necessary to govern the practice of	166
optometry and to administer and enforce sections 4725.01 to	167
4725.34 of the Revised Code. All rules adopted under sections	168
4725.01 to 4725.34 of the Revised Code shall be adopted in	169
accordance with Chapter 119. of the Revised Code.	170

(B) The board, in consultation with the state board of	171
pharmacy, shall adopt rules specifying oral dosages of drugs or	172
dangerous drugs that are therapeutic pharmaceutical agents under	173
division (C)(3) of section 4725.01 of the Revised Code.	174

(C) The board shall adopt rules that establish standards to	175
be met and procedures to be followed with respect to the	176
delegation by an optometrist of the performance of an optometric	177
task to a person who is not licensed or otherwise specifically	178
authorized by the Revised Code to perform the task. The rules	179
shall permit an optometrist who holds a topical ocular	180
pharmaceutical agents certificate or therapeutic pharmaceutical	181
agents certificate to delegate the administration of drugs	182
included in the optometrist's scope of practice.	183

The rules adopted under this division shall provide for all	184
of the following:	185

(1) On-site supervision when the delegation occurs in an	186
institution or other facility that is used primarily for the	187
purpose of providing health care, unless the board established a	188
specific exception to the on-site supervision requirement with	189
respect to routine administration of a topical drug;	190

(2) Evaluation of whether delegation is appropriate according	191
to the acuity of the patient involved;	192

(3) Training and competency requirements that must be met by	193
the person administering the drugs;	194

(4) Other standards and procedures the board considers	195
relevant.	196

Sec. 4725.091. (A) The state board of optometry shall adopt	197
rules governing the authority of licensed optometrists to	198
administer and prescribe schedule III controlled substances under	199
a therapeutic pharmaceutical agents certificate. The rules shall	200
be adopted in accordance with Chapter 119. of the Revised Code and	201
in consultation with the state board of pharmacy.	202

(B) All of the following apply to the state board of	203
optometry in the adoption of rules under this section:	204

(1) The board shall not permit an optometrist to administer	205
or prescribe a schedule III controlled substance other than a drug	206
included in section 3719.41 of the Revised Code within the	207
schedule III narcotics-narcotic preparations category.	208

(2) The board shall limit the schedule III controlled	209
substances that optometrists may administer or prescribe to the	210
drugs that the board determines are appropriate for use in the	211
practice of optometry under a therapeutic pharmaceutical agents	212
certificate.	213

(3) With regard to prescribing schedule III controlled	214
substances, the board shall establish prescribing standards to be	215
followed by optometrists who hold therapeutic pharmaceutical	216
agents certificates. The board shall take into account the	217
prescribing standards that exist within the health care	218
marketplace and are used in other states that grant optometrists	219
the authority to prescribe drugs.	220

(4) The board shall establish standards and procedures	221
governing administering and prescribing schedule III controlled	222
substances by taking into consideration and examining issues that	223
include the appropriate length of drug therapy, appropriate	224
standards for drug treatment, necessary monitoring systems, and	225
any other factors the board considers relevant.	226

Sec. 4725.16.  (A) Each certificate of licensure, topical	227
ocular pharmaceutical agents certificate, and therapeutic	228
pharmaceutical agents certificate issued by the state board of	229
optometry shall expire annually on the last day of December, and	230
may be renewed in accordance with this section and the standard	231
renewal procedure established under Chapter 4745. of the Revised	232
Code.	233

An optometrist seeking to continue to practice optometry	234
shall file with the board an application for license renewal. The	235
application shall be in such form and require such pertinent	236
professional biographical data as the board may require.	237

(B) All licensed optometrists shall annually complete	238
continuing education in subjects relating to the practice of	239
optometry, to the end that the utilization and application of new	240
techniques, scientific and clinical advances, and the achievements	241
of research will assure comprehensive care to the public. The	242
board shall prescribe by rule the continuing optometric education	243
that licensed optometrists must complete. The length of study	244
shall be determined by the board but shall be not less than six	245
nor more than twenty-five clock hours each year, except that the	246
board shall prescribe an additional fiveincluding ten clock hours	247
of instruction in pharmacology to be completed by all licensed	248
optometrists who hold topical ocular pharmaceutical agents	249
certificates or therapeutic pharmaceutical agents certificates.	250

Unless the continuing education required under this division	251
is waived or deferred under division (D) of this section, the	252
continuing education must be completed during the twelve-month	253
period beginning on the first day of October and ending on the	254
last day of September. If the board receives notice from a	255
continuing education program indicating that an optometrist	256
completed the program after the last day of September, and the	257
optometrist wants to use the continuing education completed after	258
that day to renew the license that expires on the last day of	259
December of that year, the optometrist shall pay the penalty	260
specified under section 4725.34 of the Revised Code for late	261
completion of continuing education.	262

At least once annually, the board shall mail to each licensed	263
optometrist a list of courses approved in accordance with	264
standards prescribed by board rule. Upon the request of a licensed	265
optometrist, the executive director of the board shall supply a	266
list of additional courses that the board has approved subsequent	267
to the most recent mailing of the list of approved courses.	268

(C)(1) Annually, bynot later than the first day of November,	269
the board shall mail to each licensed optometrist a notice	270
regarding license renewal andto each licensed optometrist who may	271
be eligible for renewal. The notice shall be sent to the	272
optometrist's last address shown in the board's records. If the	273
board knows that the optometrist has completed the required	274
continuing optometric education for the year, the board may	275
include with the notice an application for license renewal. The	276
application shall be in such form and require such pertinent	277
professional biographical data as the board may require. An	278
optometrist seeking to continue to practice optometry shall file	279
the renewal application with the board. Filing the	280

(2) Filing a license renewal application with the board shall	281
serve as notice by the optometrist that the continuing optometric	282
education requirement has been successfully completed. If	283

If the board finds that an optometrist has not completed the	284
required continuing optometric education, the board shall	285
disapprove the optometrist's application. The board's disapproval	286
of renewal is effective without a hearing, unless a hearing is	287
requested pursuant to Chapter 119. of the Revised Code. The	288

(3) The board shall refuse to accept an application for	289
renewal from any applicant whose license is not in good standing	290
or who is under disciplinary review pursuant to section 4725.19 of	291
the Revised Code. Notice	292

(4) Notice of an applicant's failure to qualify for renewal	293
shall be served upon the applicant by mail, which. The notice	294
shall be sent on or beforenot later than the fifteenth day of	295
November to the applicant's last address shown in the board's	296
records.	297

(D) In cases of certified illness or undue hardship, the	298
board may waive or defer for up to twelve months the requirement	299
of continuing optometric education, except that in such cases the	300
board may not waive or defer the continuing education in	301
pharmacology required to be completed by optometrists who hold	302
topical ocular pharmaceutical agents certificates or therapeutic	303
pharmaceutical agents certificates. The board shall waive the	304
requirement of continuing optometric education for any optometrist	305
who is serving in the armed forces of the United States or who has	306
received an initial certificate of licensure during the nine-month	307
period which ended on the last day of September.	308

(E) The board shall approve all applications for renewal that	309
are not disapproved or refused under division (C) of this section.	310
An optometrist whose renewal application has been approved may	311
renew each certificate held by paying to the treasurer of state	312
the fees for renewal specified under section 4725.34 of the	313
Revised Code. On payment of all applicable fees, the board shall	314
issue a renewal of the optometrist's certificate of licensure,	315
topical ocular pharmaceutical agents certificate, and therapeutic	316
pharmaceutical agents certificate, as appropriate.	317

(F) A notice shall be sent to every licensed optometrist who	318
fails to file the renewal application provided under division (C)	319
of this section, at the optometrist's last address, at least one	320
month in advance of the last day of December, which is the date of	321
expiration. A second notice shall be sentNot later than the	322
fifteenth day of December, the board shall mail a second notice	323
regarding license renewal to each licensed optometrist who may be	324
eligible for renewal but did not respond to the notice sent under	325
division (C)(1) of this section. The notice shall be sent to the	326
optometrist's last address shown in the board's records. If an	327
optometrist fails to file a renewal application after the second	328
notice is sent, the board shall send a third notice regarding	329
license renewal prior to any action under division (I) of this	330
section to classify the optometrist's certificates as delinquent,	331
to every optometrist failing to respond to the preceding notice.	332

(G) The failure of an optometrist to apply for license	333
renewal or the failure to pay the applicable annual renewal fees	334
on or before the date of expiration, shall automatically work a	335
forfeiture of the optometrist's authority to practice optometry in	336
this state.	337

(H) The board shall accept renewal applications and renewal	338
fees that are submitted from the first day of January to the last	339
day of April of the year next succeeding the date of expiration.	340
An individual who submits such a late renewal application or fee	341
shall pay the late renewal fee specified in section 4725.34 of the	342
Revised Code.	343

(I)(1) If the certificates issued by the board to an	344
individual have expired and the individual has not filed a	345
complete application during the late renewal period, the	346
individual's certificates shall be classified in the board's	347
records as delinquent.	348

(2) Any optometrist subject to delinquent classification may	349
submit a written application to the board for reinstatement. For	350
reinstatement to occur, the applicant must meet all of the	351
following conditions:	352

(a) Submit to the board evidence of compliance with board	353
rules requiring continuing optometric education in a sufficient	354
number of hours to make up for any delinquent compliance;	355

(b) Pay the renewal fees for the year in which application	356
for reinstatement is made and the reinstatement fee specified	357
under division (A)(8) of section 4725.34 of the Revised Code;	358

(c) Pass all or part of the licensing examination accepted by	359
the board under section 4725.11 of the Revised Code as the board	360
considers appropriate to determine whether the application for	361
reinstatement should be approved;	362

(d) If the applicant has been practicing optometry in another	363
state or country, submit evidence that the applicant's license to	364
practice optometry in the other state or country is in good	365
standing.	366

(3) The board shall approve an application for reinstatement	367
if the conditions specified in division (I)(2) of this section are	368
met. An optometrist who receives reinstatement is subject to the	369
continuing education requirements specified under division (B) of	370
this section for the year in which reinstatement occurs.	371

Sec. 4725.23.  (A) The state board of optometry shall	372
investigate evidence that appears to show that a person has	373
violated any provision of sections 4725.01 to 4725.34 of the	374
Revised Code or any rule adopted under those sections.	375
Investigations of alleged violations shall be supervised by the	376
member of the board appointed by the board to act as the	377
supervising member of investigations. The supervising member	378
shall not participate in the final vote that occurs in an	379
adjudication of the case.	380

(B) In investigating a possible violation, the board may	381
administer oaths, order the taking of depositions, issue	382
subpoenas, and compel the attendance of witnesses and production	383
of books, accounts, papers, records, documents, and testimony. A	384
subpoena for patient record information shall not be issued	385
without consultation with the attorney general's office and	386
approval of the secretary of the board and the board's supervising	387
member of investigations. Before issuance of a subpoena for	388
patient record information, the secretary and supervising member	389
shall determine whether there is probable cause to believe that	390
the complaint filed alleges a violation of sections 4725.01 to	391
4725.34 of the Revised Code or any rule adopted under those	392
sections and that the records sought are relevant to the alleged	393
violation and material to the investigation. The subpoena may	394
apply only to records that cover a reasonable period of time	395
surrounding the alleged violation.	396

On failure to comply with any subpoena issued by the board	397
and after reasonable notice to the person being subpoenaed, the	398
board may move for an order compelling the production of persons	399
or records pursuant to the Rules of Civil Procedure.	400

A subpoena issued by the board may be served by a sheriff,	401
the sheriff's deputy, or a board employee designated by the board.	402
Service of a subpoena issued by the board may be made by	403
delivering a copy of the subpoena to the person named therein,	404
reading it to the person, or leaving it at the person's usual	405
place of residence. When the person being served is an optometrist	406
licensed under by this chapter, service of the subpoena may be	407
made by certified mail, restricted delivery, return receipt	408
requested, and the subpoena shall be deemed served on the date	409
delivery is made or the date the optometrist refuses to accept	410
delivery.	411

Each witness who appears before the board in obedience to a	412
subpoena shall receive the fees and mileage provided for witnesses	413
in civil cases in the courts of common pleas.	414

(C) Information received by the board pursuant to an	415
investigation is confidential and not subject to discovery in any	416
civil action.	417

The board shall conduct all investigations and proceedings in	418
a manner that protects the confidentiality of patients and persons	419
who file complaints with the board. The board shall not make	420
public the names or any other identifying information about	421
patients or complainants unless proper consent is given.	422

The board may share any information it receives pursuant to	423
an investigation, including patient records and patient record	424
information, with other licensing boards and governmental agencies	425
that are investigating alleged professional misconduct and with	426
law enforcement agencies and other governmental agencies that are	427
investigating or prosecuting alleged criminal offenses. A board or	428
agency that receives the information shall comply with the same	429
requirements regarding confidentiality as those with which the	430
state board of optometry must comply, notwithstanding any	431
conflicting provision of the Revised Code or procedure of the	432
board or agency that applies when the board or agency is dealing	433
with other information in its possession. The information may be	434
admitted into evidence in a criminal trial in accordance with the	435
Rules of Evidence, but the court shall require that appropriate	436
measures are taken to ensure that confidentiality is maintained	437
with respect to any part of the information that contains names or	438
other identifying information about persons whose confidentiality	439
was protected by the state board of optometry when the information	440
was in the board's possession. Measures to ensure confidentiality	441
that may be taken by the court include sealing its records or	442
deleting specific information from its records.	443

Sec. 4725.26.  Division (A) of section 4725.02 of the Revised	444
Code does not apply to the following:	445

(A) Physicians authorized to practice medicine and surgery or	446
osteopathic medicine and surgery under Chapter 4731. of the	447
Revised Code;	448

(B) Persons who sell optical accessories but do not assume to	449
adapt them to the eye, and neither practice nor profess to	450
practice optometry;	451

(C) An instructor in a school of optometry that is located in	452
this state and approved by the state board of optometry under	453
section 4725.10 of the Revised Code who holds a valid current	454
license to practice optometry from a licensing body in another	455
jurisdiction and limits the practice of optometry to the	456
instruction of students enrolled in the school.	457

(D) A student atenrolled in a school of optometry, located	458
in this or another state and approved by the board under section	459
4725.10 of the Revised Code, while enrolledthe student is	460
participating in this state in an optometry training program and	461
actingprovided or sponsored by the school, if the student acts	462
under the direct, personal supervision and control of an	463
optometrist licensed by the board or authorized to practice	464
pursuant to division (C) of this section.	465

(E) An individual who is licensed or otherwise specifically	466
authorized by the Revised Code to engage in an activity that is	467
included in the practice of optometry.	468

(F) An individual who is not licensed or otherwise	469
specifically authorized by the Revised Code to engage in an	470
activity that is included in the practice of optometry, but is	471
acting pursuant to the rules for delegation of optometric tasks	472
adopted under section 4725.09 of the Revised Code.	473

Sec. 4725.28.  (A) As used in this section, "supplier" means	474
any person who prepares or sells optical accessories or other	475
vision correcting items, devices, or procedures.	476

(B) A licensed optometrist, on completion of a vision	477
examination and diagnosis, shall give each patient for whom the	478
optometrist prescribes any vision correcting item, device, or	479
procedure, one copy of the prescription, without additional charge	480
to the patient. The prescription shall include the following:	481

(1) The date of its issuance;

482

(2) Sufficient information to enable the patient to obtain	483
from the supplier of the patient's choice, the optical accessory	484
or other vision correcting item, device, or procedure that has	485
been prescribed;	486

(3) In the case of contact lenses, all information specified	487
as part of a contact lens prescription, as defined in the	488
"Fairness to Contact Lens Consumers Act," 117 Stat. 2024 (2003),	489
15 U.S.C. 7610.	490

(C) Any supplier who fills a prescription for contact lenses	491
furnished by an optometrist shall furnish the patient with written	492
recommendations to return to the prescribing optometrist for	493
evaluation of the contact lens fitting.	494

(D) Any supplier, including an optometrist who is a supplier,	495
may advertise to inform the general public of the price that the	496
supplier charges for any vision correcting item, device, or	497
procedure. Any such advertisement shall specify the following:	498

(1) Whether the advertised item includes an eye examination;

499

(2) In the case of lenses, whether the price applies to	500
single-vision or multifocal lenses;	501

(3) In the case of contact lenses, whether the price applies	502
to rigid or soft lenses and whether there is an additional charge	503
related to the fitting and determination of the type of contact	504
lenses to be worn that is not included in the price of the eye	505
examination.	506

(E) The state board of optometry shall not adopt any rule	507
that restricts the right to advertise as permitted by division (D)	508
of this section.	509

(F) Any municipal corporation code, ordinance, or regulation	510
or any township resolution that conflicts with a supplier's right	511
to advertise as permitted by division (D) of this section is	512
superseded by division (D) of this section and is invalid. A	513
municipal corporation code, ordinance, or regulation or a township	514
resolution conflicts with division (D) of this section if it	515
restricts a supplier's right to advertise as permitted by division	516
(D) of this section.	517

Sec. 4731.44.  (A) As used in this section, "supplier" has	518
the same meaning as in section 4725.28 of the Revised Code.	519

(B) An individual authorized under this chapter to practice	520
medicine and surgery or osteopathic medicine and surgery, on	521
completion of a vision examination and diagnosis, shall give each	522
patient for whom the individual prescribes any vision correcting	523
item, device, or procedure, one copy of the prescription, without	524
additional charge to the patient. The prescription shall include	525
the following:	526

(1) The date of its issuance;

527

(2) Sufficient information to enable the patient to obtain	528
from the supplier of the patient's choice, the vision correcting	529
item, device, or procedure that has been prescribed;	530

(3) In the case of contact lenses, all information specified	531
as part of a contact lens prescription, as defined in the	532
"Fairness to Contact Lens Consumers Act," 117 Stat. 2024 (2003),	533
15 U.S.C. 7610.	534

(C) Any supplier who fills a prescription for contact lenses	535
furnished by an individual authorized under this chapter to	536
practice medicine and surgery or osteopathic medicine and surgery	537
shall furnish the patient with written recommendations to return	538
to the prescribing doctor for evaluation of the contact lens	539
fitting.	540

(D) Any supplier, including an individual authorized under	541
this chapter to practice medicine and surgery or osteopathic	542
medicine and surgery who is a supplier, may advertise to inform	543
the general public of the price that the supplier charges for any	544
vision correcting item, device, or procedure. An advertisement of	545
that nature shall specify the following:	546

(1) Whether the price includes an eye examination;

547

(2) In the case of lenses, whether the price applies to	548
single-vision or multifocal lenses;	549

(3) In the case of contact lenses, whether the price applies	550
to rigid or soft lenses and whether there is an additional charge	551
related to the fitting and determination of the type of contact	552
lenses to be worn that is not included in the price of the eye	553
examination.	554

(E) The state medical board shall not adopt any rule that	555
restricts the right to advertise as permitted by division (D) of	556
this section.	557

(F) Any municipal corporation code, ordinance, or regulation	558
or any township resolution that conflicts with a supplier's right	559
to advertise as permitted by division (D) of this section is	560
superseded by division (D) of this section and is invalid. A	561
municipal corporation code, ordinance, or regulation or a township	562
resolution conflicts with division (D) of this section if it	563
restricts a supplier's right to advertise as permitted by division	564
(D) of this section.	565

Section 2. That existing sections 4725.01, 4725.09, 4725.16,	566
4725.23, 4725.26, 4725.28, and 4731.44 of the Revised Code are	567
hereby repealed.	568