As Passed by the Senate

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 

Senators Coughlin, Gardner, Miller, D., Morano, Mumper, Seitz, Austria, Cates, Fedor, Grendell, Harris, Niehaus, Padgett, Roberts, Sawyer, Schaffer, Schuler, Schuring, Spada, Stivers, Wilson, Faber, Carey 

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A BILL

To amend sections 4725.01, 4725.09, 4725.16, 4725.23,

1

4725.26, 4725.28, 4725.40, and 4731.44 and to

2

enact sections 4725.011 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

and to require the Ohio Optical Dispensers Board

8

to regulate the dispensing of cosmetic contact

9

lenses.

10

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

Section 1. That sections 4725.01, 4725.09, 4725.16, 4725.23,	11
4725.26, 4725.28, 4725.40, and 4731.44 be amended and sections	12
4725.011 and 4725.091 of the Revised Code be enacted to read as	13
follows:	14

Sec. 4725.01.  As used in this chapter:

15

(A)(1) The "practice of optometry" means the application of	16
optical principles, through technical methods and devices, in the	17
examination of human eyes for the purpose of ascertaining	18
departures from the normal, measuring their functional powers,	19
adapting optical accessories for the aid thereof, and detecting	20
ocular abnormalities that may be evidence of disease, pathology,	21
or injury.	22

(2) In the case of a licensed optometrist who holds a topical	23
ocular pharmaceutical agents certificate, the "practice of	24
optometry" has the same meaning as in division (A)(1) of this	25
section, except that it also includes administering topical ocular	26
pharmaceutical agents for the purposes set forth in division	27
(A)(1) of this section.	28

(3) In the case of a licensed optometrist who holds a	29
therapeutic pharmaceutical agents certificate, the "practice of	30
optometry" has the same meaning as in divisionsdivision (A)(1)	31
and (2) of this section, except that it also includes employing	32
all of the following:	33

(a) Employing, applying, administering, and prescribing	34
instruments, devices, and procedures, other than invasive	35
procedures, and therapeutic pharmaceutical agents for the	36
following purposes:	37

(a) Examinationof examination, investigation, diagnosis,	38
treatment, or prevention of any disease, injury, or other abnormal	39
condition of the visual system;	40

(b) Treatment or cure of any disease, injury, or other	41
abnormal condition of the anterior segment of the human eye	42
Employing, applying, administering, and prescribing topical ocular	43
pharmaceutical agents;	44

(c) Employing, applying, administering, and prescribing	45
therapeutic pharmaceutical agents;	46

(d) Assisting an individual in determining the individual's	47
blood glucose level by using a commercially available	48
glucose-monitoring device. Nothing in this section precludes a	49
licensed optometrist who holds a therapeutic pharmaceutical agents	50
certificate from using any particular type of commercially	51
available glucose-monitoring device.	52

(B) "Topical ocular pharmaceutical agentsagent" means:

53

(1) Proparacaine hydrochloride in a potency not exceeding	54
five-tenths of one per cent ophthalmic solution;	55

(2) Benoxinate hydrochloride in a potency not exceeding	56
four-tenths of one per cent ophthalmic solution;	57

(3) Phenylephrine hydrochloride in a potency not exceeding	58
two and five-tenths per cent ophthalmic solution;	59

(4) Hydroxyamphetamine hydrobromide in a potency not	60
exceeding one per cent ophthalmic solution;	61

(5) Tropicamide in a potency not exceeding one per cent	62
ophthalmic solution;	63

(6) Cyclopentolate in a potency not exceeding one per cent	64
ophthalmic solution;	65

(7) Any other topical ocular pharmaceutical agents if the	66
primary indications for their use are consistent with the purposes	67
set forth in division (A)(1) of this section, their new drug	68
application is approved by and the potency in which they may be	69
used for evaluative purposes has been established by the federal	70
food and drug administration after January 1, 1983, and their use	71
for the purposes set forth in division (A)(1) of this section has	72
been approved by rule of the state board of optometrya drug or	73
dangerous drug that is a topical drug and used in the practice of	74
optometry as follows:	75

(1) In the case of a licensed optometrist who holds a topical	76
ocular pharmaceutical agents certificate, for evaluative purposes	77
in the practice of optometry as set forth in division (A)(1) of	78
this section;	79

(2) In the case of a licensed optometrist who holds a	80
therapeutic pharmaceutical agents certificate, for purposes of	81
examination, investigation, diagnosis, treatment, or prevention of	82
any disease, injury, or other abnormal condition of the visual	83
system.	84

(C) "Therapeutic pharmaceutical agent" means a topical ocular	85
pharmaceutical agent or any of the following drugsa drug or	86
dangerous drugsdrug that is used for examination, investigation,	87
diagnosis, treatment, or prevention of any disease, injury, or	88
other abnormal condition of the visual system or for treatment or	89
cure of disease, injury, or other abnormal condition of the	90
anterior segment of the human eye and is an anti-microbial,	91
anti-allergy, anti-glaucoma, topical anti-inflammatory, or	92
cycloplegic agent, or an analgesic:	93

(1) A topical ophthalmic preparation;

94

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

95

(a) Acetazolamide;

96

(b) Astemizole;

97

(c) Dichlorphenamide;

98

(d) Diphenhydramine;

99

(e) Glycerin in a fifty per cent solution;

100

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

101

(g) Methazolamide;

102

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

103

(i) Terfenadine;

104

(j) Ampicillin in a two hundred fifty milligram or five	105
hundred milligram dosage;	106

(k) Cefaclor in a two hundred fifty milligram or five hundred	107
milligram dosage;	108

(l) Cephalexin in a two hundred fifty milligram or five	109
hundred milligram dosage;	110

(m) Dicloxacillin in a two hundred fifty milligram or five	111
hundred milligram dosage;	112

(n) Doxycycline in a fifty milligram or one hundred milligram	113
dosage;	114

(o) Erythromycin in a two hundred fifty milligram, three	115
hundred and thirty-three milligram, or five hundred milligram	116
dosage;	117

(p) Penicillin VK in a two hundred fifty milligram or five	118
hundred milligram dosage;	119

(q) Tetracycline in a two hundred fifty milligram or five	120
hundred milligram dosage.	121

(3) Any other oral dosage of a drug or dangerous drug that is	122
listed by rulein the practice of optometry by a licensed	123
optometrist who holds a therapeutic pharmaceutical agents	124
certificate, and is any of the following:	125

(1) An oral drug or dangerous drug in one of the following	126
classifications:	127

(a) Anti-infectives, including antibiotics, antivirals,	128
antimicrobials, and antifungals;	129

(b) Anti-allergy agents;

130

(c) Antiglaucoma agents;

131

(d) Analgesics, including only analgesic drugs that are	132
available without a prescription, analgesic drugs or dangerous	133
drugs that require a prescription but are not controlled	134
substances, and schedule III controlled substances authorized by	135
the state board of optometry in rules adopted under section	136
4725.091 of the Revised Code;	137

(e) Anti-inflammatories, excluding all drugs or dangerous	138
drugs classified as oral steroids other than methylpredisolone,	139
which may be used under a therapeutic pharmaceutical agents	140
certificate only if all of the following conditions are met:	141

(i) The drug is prescribed for use in allergy cases;

142

(ii) The drug is prescribed for use by an individual who is	143
eighteen years of age or older;	144

(iii) The drug is prescribed on the basis of an individual's	145
particular episode of illness;	146

(iv) The drug is prescribed in an amount that does not exceed	147
the amount packaged for a single course of therapy.	148

(2) Epinephrine administered by injection to individuals in	149
emergency situations to counteract anaphylaxis or anaphylactic	150
shock. Notwithstanding any provision of this section to the	151
contrary, administration of epinephrine in this manner does not	152
constitute performance of an invasive procedure.	153

(3) An oral drug or dangerous drug that is not included under	154
division (C)(1) of this section, if the drug or dangerous drug is	155
approved, exempt from approval, certified, or exempt from	156
certification by the federal food and drug administration for	157
ophthalmic purposes and the drug or dangerous drug is specified in	158
rules adopted by the state board of optometry under section	159
4725.09 of the Revised Code.	160

(D) "Controlled substance" has the same meaning as in section	161
3719.01 of the Revised Code.	162

(E) "Drug" and "dangerous drug" have the same meanings as in	163
section 4729.01 of the Revised Code.	164

(E)(F) "Invasive procedure" means any procedure that involves	165
cutting or otherwise infiltrating human tissue by mechanical means	166
including surgery, laser surgery, ionizing radiation, therapeutic	167
ultrasound, administering medication by injection, or the removal	168
of intraocular foreign bodies.	169

(F)(G) "Visual system" means the human eye and its accessory	170
or subordinate anatomical parts.	171

(G)(H) "Certificate of licensure" means a certificate issued	172
by the state board of optometry under section 4725.13 of the	173
Revised Code authorizing the holder to practice optometry as	174
provided in division (A)(1) of this section.	175

(H)(I) "Topical ocular pharmaceutical agents certificate"	176
means a certificate issued by the state board of optometry under	177
section 4725.13 of the Revised Code authorizing the holder to	178
practice optometry as provided in division (A)(2) of this section.	179

(I)(J) "Therapeutic pharmaceutical agents certificate" means	180
a certificate issued by the state board of optometry under	181
division (A)(3) or (4) of section 4725.13 of the Revised Code	182
authorizing the holder to practice optometry as provided in	183
division (A)(3) of this section.	184

Sec. 4725.011. In prescribing and dispensing vision	185
correction devices under a therapeutic pharmaceutical agents	186
certificate, a licensed optometrist may prescribe and dispense any	187
device that has vision correction as its primary purpose but also	188
combines with that purpose the delivery of a drug or dangerous	189
drug through the device, if the drug delivered by the device would	190
otherwise be a topical ocular pharmaceutical agent or oral	191
therapeutic pharmaceutical agent. Devices authorized by this	192
section include, but are not limited to, vision-correcting contact	193
lenses that deliver such drugs or dangerous drugs.	194

Sec. 4725.09.  (A) The state board of optometry shall adopt	195
rules as it considers necessary to govern the practice of	196
optometry and to administer and enforce sections 4725.01 to	197
4725.34 of the Revised Code. All rules adopted under sections	198
4725.01 to 4725.34 of the Revised Code shall be adopted in	199
accordance with Chapter 119. of the Revised Code.	200

(B) The board, in consultation with the state board of	201
pharmacy, shall adopt rules specifying any oral dosages of drugs	202
or dangerous drugs that are therapeutic pharmaceutical agents	203
under division (C)(3) of section 4725.01 of the Revised Code.	204

(C) The board shall adopt rules that establish standards to	205
be met and procedures to be followed with respect to the	206
delegation by an optometrist of the performance of an optometric	207
task to a person who is not licensed or otherwise specifically	208
authorized by the Revised Code to perform the task. The rules	209
shall permit an optometrist who holds a topical ocular	210
pharmaceutical agents certificate or therapeutic pharmaceutical	211
agents certificate to delegate the administration of drugs	212
included in the optometrist's scope of practice.	213

The rules adopted under this division shall provide for all	214
of the following:	215

(1) On-site supervision when the delegation occurs in an	216
institution or other facility that is used primarily for the	217
purpose of providing health care, unless the board established a	218
specific exception to the on-site supervision requirement with	219
respect to routine administration of a topical drug;	220

(2) Evaluation of whether delegation is appropriate according	221
to the acuity of the patient involved;	222

(3) Training and competency requirements that must be met by	223
the person administering the drugs;	224

(4) Other standards and procedures the board considers	225
relevant.	226

Sec. 4725.091. (A) The state board of optometry shall adopt	227
rules governing the authority of licensed optometrists to employ,	228
apply, administer, and prescribe schedule III controlled	229
substances under a therapeutic pharmaceutical agents certificate.	230
The rules shall be adopted in accordance with Chapter 119. of the	231
Revised Code and in consultation with the state board of	232
pharmacy.	233

(B) All of the following apply to the state board of	234
optometry in the adoption of rules under this section:	235

(1) The board shall not permit an optometrist to employ,	236
apply, administer, or prescribe a schedule III controlled	237
substance other than a drug included in section 3719.41 of the	238
Revised Code within the schedule III narcotics-narcotic	239
preparations category.	240

(2) The board shall limit the schedule III controlled	241
substances that optometrists may employ, apply, administer, or	242
prescribe to the drugs that the board determines are appropriate	243
for use in the practice of optometry under a therapeutic	244
pharmaceutical agents certificate.	245

(3) With regard to the prescribing of schedule III controlled	246
substances, the board shall establish prescribing standards to be	247
followed by optometrists who hold therapeutic pharmaceutical	248
agents certificates. The board shall take into account the	249
prescribing standards that exist within the health care	250
marketplace.	251

(4) The board shall establish standards and procedures for	252
employing, applying, administering, and prescribing schedule III	253
controlled substances under a therapeutic pharmaceutical agents	254
certificate by taking into consideration and examining issues that	255
include the appropriate length of drug therapy, appropriate	256
standards for drug treatment, necessary monitoring systems, and	257
any other factors the board considers relevant.	258

Sec. 4725.16.  (A) Each certificate of licensure, topical	259
ocular pharmaceutical agents certificate, and therapeutic	260
pharmaceutical agents certificate issued by the state board of	261
optometry shall expire annually on the last day of December, and	262
may be renewed in accordance with this section and the standard	263
renewal procedure established under Chapter 4745. of the Revised	264
Code.	265

An optometrist seeking to continue to practice optometry	266
shall file with the board an application for license renewal. The	267
application shall be in such form and require such pertinent	268
professional biographical data as the board may require.	269

(B) All licensed optometrists shall annually complete	270
continuing education in subjects relating to the practice of	271
optometry, to the end that the utilization and application of new	272
techniques, scientific and clinical advances, and the achievements	273
of research will assure comprehensive care to the public. The	274
board shall prescribe by rule the continuing optometric education	275
that licensed optometrists must complete. The length of study	276
shall be determined by the board but shall be not less than six	277
nor more than twenty-five clock hours each year, except that the	278
board shall prescribe an additional fiveincluding ten clock hours	279
of instruction in pharmacology to be completed by all licensed	280
optometrists who hold topical ocular pharmaceutical agents	281
certificates or therapeutic pharmaceutical agents certificates.	282

Unless the continuing education required under this division	283
is waived or deferred under division (D) of this section, the	284
continuing education must be completed during the twelve-month	285
period beginning on the first day of October and ending on the	286
last day of September. If the board receives notice from a	287
continuing education program indicating that an optometrist	288
completed the program after the last day of September, and the	289
optometrist wants to use the continuing education completed after	290
that day to renew the license that expires on the last day of	291
December of that year, the optometrist shall pay the penalty	292
specified under section 4725.34 of the Revised Code for late	293
completion of continuing education.	294

At least once annually, the board shall mail to each licensed	295
optometrist a list of courses approved in accordance with	296
standards prescribed by board rule. Upon the request of a licensed	297
optometrist, the executive director of the board shall supply a	298
list of additional courses that the board has approved subsequent	299
to the most recent mailing of the list of approved courses.	300

(C)(1) Annually, bynot later than the first day of November,	301
the board shall mail to each licensed optometrist a notice	302
regarding license renewal andto each licensed optometrist who may	303
be eligible for renewal. The notice shall be sent to the	304
optometrist's last address shown in the board's records. If the	305
board knows that the optometrist has completed the required	306
continuing optometric education for the year, the board may	307
include with the notice an application for license renewal. The	308
application shall be in such form and require such pertinent	309
professional biographical data as the board may require. An	310
optometrist seeking to continue to practice optometry shall file	311
the renewal application with the board. Filing the	312

(2) Filing a license renewal application with the board shall	313
serve as notice by the optometrist that the continuing optometric	314
education requirement has been successfully completed. If	315

If the board finds that an optometrist has not completed the	316
required continuing optometric education, the board shall	317
disapprove the optometrist's application. The board's disapproval	318
of renewal is effective without a hearing, unless a hearing is	319
requested pursuant to Chapter 119. of the Revised Code. The	320

(3) The board shall refuse to accept an application for	321
renewal from any applicant whose license is not in good standing	322
or who is under disciplinary review pursuant to section 4725.19 of	323
the Revised Code. Notice	324

(4) Notice of an applicant's failure to qualify for renewal	325
shall be served upon the applicant by mail, which. The notice	326
shall be sent on or beforenot later than the fifteenth day of	327
November to the applicant's last address shown in the board's	328
records.	329

(D) In cases of certified illness or undue hardship, the	330
board may waive or defer for up to twelve months the requirement	331
of continuing optometric education, except that in such cases the	332
board may not waive or defer the continuing education in	333
pharmacology required to be completed by optometrists who hold	334
topical ocular pharmaceutical agents certificates or therapeutic	335
pharmaceutical agents certificates. The board shall waive the	336
requirement of continuing optometric education for any optometrist	337
who is serving in the armed forces of the United States or who has	338
received an initial certificate of licensure during the nine-month	339
period which ended on the last day of September.	340

(E) The board shall approve all applications for renewal that	341
are not disapproved or refused under division (C) of this section.	342
An optometrist whose renewal application has been approved may	343
renew each certificate held by paying to the treasurer of state	344
the fees for renewal specified under section 4725.34 of the	345
Revised Code. On payment of all applicable fees, the board shall	346
issue a renewal of the optometrist's certificate of licensure,	347
topical ocular pharmaceutical agents certificate, and therapeutic	348
pharmaceutical agents certificate, as appropriate.	349

(F) A notice shall be sent to every licensed optometrist who	350
fails to file the renewal application provided under division (C)	351
of this section, at the optometrist's last address, at least one	352
month in advance of the last day of December, which is the date of	353
expiration. A second notice shall be sentNot later than the	354
fifteenth day of December, the board shall mail a second notice	355
regarding license renewal to each licensed optometrist who may be	356
eligible for renewal but did not respond to the notice sent under	357
division (C)(1) of this section. The notice shall be sent to the	358
optometrist's last address shown in the board's records. If an	359
optometrist fails to file a renewal application after the second	360
notice is sent, the board shall send a third notice regarding	361
license renewal prior to any action under division (I) of this	362
section to classify the optometrist's certificates as delinquent,	363
to every optometrist failing to respond to the preceding notice.	364

(G) The failure of an optometrist to apply for license	365
renewal or the failure to pay the applicable annual renewal fees	366
on or before the date of expiration, shall automatically work a	367
forfeiture of the optometrist's authority to practice optometry in	368
this state.	369

(H) The board shall accept renewal applications and renewal	370
fees that are submitted from the first day of January to the last	371
day of April of the year next succeeding the date of expiration.	372
An individual who submits such a late renewal application or fee	373
shall pay the late renewal fee specified in section 4725.34 of the	374
Revised Code.	375

(I)(1) If the certificates issued by the board to an	376
individual have expired and the individual has not filed a	377
complete application during the late renewal period, the	378
individual's certificates shall be classified in the board's	379
records as delinquent.	380

(2) Any optometrist subject to delinquent classification may	381
submit a written application to the board for reinstatement. For	382
reinstatement to occur, the applicant must meet all of the	383
following conditions:	384

(a) Submit to the board evidence of compliance with board	385
rules requiring continuing optometric education in a sufficient	386
number of hours to make up for any delinquent compliance;	387

(b) Pay the renewal fees for the year in which application	388
for reinstatement is made and the reinstatement fee specified	389
under division (A)(8) of section 4725.34 of the Revised Code;	390

(c) Pass all or part of the licensing examination accepted by	391
the board under section 4725.11 of the Revised Code as the board	392
considers appropriate to determine whether the application for	393
reinstatement should be approved;	394

(d) If the applicant has been practicing optometry in another	395
state or country, submit evidence that the applicant's license to	396
practice optometry in the other state or country is in good	397
standing.	398

(3) The board shall approve an application for reinstatement	399
if the conditions specified in division (I)(2) of this section are	400
met. An optometrist who receives reinstatement is subject to the	401
continuing education requirements specified under division (B) of	402
this section for the year in which reinstatement occurs.	403

Sec. 4725.23.  (A) The state board of optometry shall	404
investigate evidence that appears to show that a person has	405
violated any provision of sections 4725.01 to 4725.34 of the	406
Revised Code or any rule adopted under those sections.	407
Investigations of alleged violations shall be supervised by the	408
member of the board appointed by the board to act as the	409
supervising member of investigations. The supervising member	410
shall not participate in the final vote that occurs in an	411
adjudication of the case.	412

(B) In investigating a possible violation, the board may	413
administer oaths, order the taking of depositions, issue	414
subpoenas, and compel the attendance of witnesses and production	415
of books, accounts, papers, records, documents, and testimony. A	416
subpoena for patient record information shall not be issued	417
without consultation with the attorney general's office and	418
approval of the secretary of the board and the board's supervising	419
member of investigations. Before issuance of a subpoena for	420
patient record information, the secretary and supervising member	421
shall determine whether there is probable cause to believe that	422
the complaint filed alleges a violation of sections 4725.01 to	423
4725.34 of the Revised Code or any rule adopted under those	424
sections and that the records sought are relevant to the alleged	425
violation and material to the investigation. The subpoena may	426
apply only to records that cover a reasonable period of time	427
surrounding the alleged violation.	428

On failure to comply with any subpoena issued by the board	429
and after reasonable notice to the person being subpoenaed, the	430
board may move for an order compelling the production of persons	431
or records pursuant to the Rules of Civil Procedure.	432

A subpoena issued by the board may be served by a sheriff,	433
the sheriff's deputy, or a board employee designated by the board.	434
Service of a subpoena issued by the board may be made by	435
delivering a copy of the subpoena to the person named therein,	436
reading it to the person, or leaving it at the person's usual	437
place of residence. When the person being served is an optometrist	438
licensed under by this chapter, service of the subpoena may be	439
made by certified mail, restricted delivery, return receipt	440
requested, and the subpoena shall be deemed served on the date	441
delivery is made or the date the optometrist refuses to accept	442
delivery.	443

Each witness who appears before the board in obedience to a	444
subpoena shall receive the fees and mileage provided for witnesses	445
in civil cases in the courts of common pleas.	446

(C) Information received by the board pursuant to an	447
investigation is confidential and not subject to discovery in any	448
civil action.	449

The board shall conduct all investigations and proceedings in	450
a manner that protects the confidentiality of patients and persons	451
who file complaints with the board. The board shall not make	452
public the names or any other identifying information about	453
patients or complainants unless proper consent is given.	454

The board may share any information it receives pursuant to	455
an investigation, including patient records and patient record	456
information, with other licensing boards and governmental agencies	457
that are investigating alleged professional misconduct and with	458
law enforcement agencies and other governmental agencies that are	459
investigating or prosecuting alleged criminal offenses. A board or	460
agency that receives the information shall comply with the same	461
requirements regarding confidentiality as those with which the	462
state board of optometry must comply, notwithstanding any	463
conflicting provision of the Revised Code or procedure of the	464
board or agency that applies when the board or agency is dealing	465
with other information in its possession. The information may be	466
admitted into evidence in a criminal trial in accordance with the	467
Rules of Evidence, but the court shall require that appropriate	468
measures are taken to ensure that confidentiality is maintained	469
with respect to any part of the information that contains names or	470
other identifying information about persons whose confidentiality	471
was protected by the state board of optometry when the information	472
was in the board's possession. Measures to ensure confidentiality	473
that may be taken by the court include sealing its records or	474
deleting specific information from its records.	475

Sec. 4725.26.  Division (A) of section 4725.02 of the Revised	476
Code does not apply to the following:	477

(A) Physicians authorized to practice medicine and surgery or	478
osteopathic medicine and surgery under Chapter 4731. of the	479
Revised Code;	480

(B) Persons who sell optical accessories but do not assume to	481
adapt them to the eye, and neither practice nor profess to	482
practice optometry;	483

(C) An instructor in a school of optometry that is located in	484
this state and approved by the state board of optometry under	485
section 4725.10 of the Revised Code who holds a valid current	486
license to practice optometry from a licensing body in another	487
jurisdiction and limits the practice of optometry to the	488
instruction of students enrolled in the school.	489

(D) A student atenrolled in a school of optometry, located	490
in this or another state and approved by the board under section	491
4725.10 of the Revised Code, while enrolledthe student is	492
participating in this state in an optometry training program and	493
actingprovided or sponsored by the school, if the student acts	494
under the direct, personal supervision and control of an	495
optometrist licensed by the board or authorized to practice	496
pursuant to division (C) of this section.	497

(E) An individual who is licensed or otherwise specifically	498
authorized by the Revised Code to engage in an activity that is	499
included in the practice of optometry.	500

(F) An individual who is not licensed or otherwise	501
specifically authorized by the Revised Code to engage in an	502
activity that is included in the practice of optometry, but is	503
acting pursuant to the rules for delegation of optometric tasks	504
adopted under section 4725.09 of the Revised Code.	505

Sec. 4725.28.  (A) As used in this section, "supplier" means	506
any person who prepares or sells optical accessories or other	507
vision correcting items, devices, or procedures.	508

(B) A licensed optometrist, on completion of a vision	509
examination and diagnosis, shall give each patient for whom the	510
optometrist prescribes any vision correcting item, device, or	511
procedure, one copy of the prescription, without additional charge	512
to the patient. The prescription shall include the following:	513

(1) The date of its issuance;

514

(2) Sufficient information to enable the patient to obtain	515
from the supplier of the patient's choice, the optical accessory	516
or other vision correcting item, device, or procedure that has	517
been prescribed;	518

(3) In the case of contact lenses, all information specified	519
as part of a contact lens prescription, as defined in the	520
"Fairness to Contact Lens Consumers Act," 117 Stat. 2024 (2003),	521
15 U.S.C. 7610.	522

(C) Any supplier who fills a prescription for contact lenses	523
furnished by an optometrist shall furnish the patient with written	524
recommendations to return to the prescribing optometrist for	525
evaluation of the contact lens fitting.	526

(D) Any supplier, including an optometrist who is a supplier,	527
may advertise to inform the general public of the price that the	528
supplier charges for any vision correcting item, device, or	529
procedure. Any such advertisement shall specify the following:	530

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

531

(2) In the case of lenses, whether the price applies to	532
single-vision or multifocal lenses;	533

(3) In the case of contact lenses, whether the price applies	534
to rigid or soft lenses and whether there is an additional charge	535
related to the fitting and determination of the type of contact	536
lenses to be worn that is not included in the price of the eye	537
examination.	538

(E) The state board of optometry shall not adopt any rule	539
that restricts the right to advertise as permitted by division (D)	540
of this section.	541

(F) Any municipal corporation code, ordinance, or regulation	542
or any township resolution that conflicts with a supplier's right	543
to advertise as permitted by division (D) of this section is	544
superseded by division (D) of this section and is invalid. A	545
municipal corporation code, ordinance, or regulation or a township	546
resolution conflicts with division (D) of this section if it	547
restricts a supplier's right to advertise as permitted by division	548
(D) of this section.	549

Sec. 4725.40.  As used in sections 4725.40 to 4725.59 of the	550
Revised Code:	551

(A) "Optical aid" means an instrument or deviceboth of the	552
following:	553

(1) Spectacles or other instruments or devices that are not	554
contact lenses, if the spectacles or other instruments or devices	555
may aid or correct human vision and have been prescribed by a	556
physician or optometrist licensed by any state to correct human	557
vision, including spectacles, eyeglasses, contact lenses, and	558
accessories. Contact;	559

(2) Contact lenses, regardless of whether they address visual	560
function, if they are designed to fit over the cornea of the eye	561
or are otherwise designed for use in or on the eye or orbit.	562

All contact lenses shall be dispensed only in accordance with	563
a valid written prescription designated for contact lenses,	564
including the following:	565

(a) Zero-powered plano contact lenses;

566

(b) Cosmetic contact lenses;

567

(c) Performance-enhancing contact lenses;

568

(d) Any other contact devices determined by the Ohio optical	569
dispensers board to be contact lenses.	570

(B) "Optical dispensing" means interpreting but not altering	571
a prescription of a licensed physician or optometrist and	572
designing, adapting, fitting, or replacing the prescribed optical	573
aids, pursuant to such prescription, to or for the intended	574
wearer; duplicating lenses, other than contact lenses, accurately	575
as to power without a prescription; and duplicating	576
nonprescription eyewear and parts of eyewear. "Optical dispensing"	577
does not include selecting frames, transacting a sale,	578
transferring an optical aid to the wearer after an optician has	579
completed fitting it, or providing instruction in the general care	580
and use of an optical aid, including placement, removal, hygiene,	581
or cleaning.	582

(C) "Licensed dispensing optician" means a person holding a	583
current, valid license issued under sections 4725.47 to 4725.51 of	584
the Revised Code that authorizes the person to engage in optical	585
dispensing. Nothing in this chapter shall be construed to permit a	586
licensed dispensing optician to alter the specifications of a	587
prescription.	588

(D) "Licensed spectacle dispensing optician" means a licensed	589
dispensing optician authorized to engage in the dispensing of	590
optical aids other than contact lenses.	591

(E) "Licensed contact lens dispensing optician" means a	592
licensed dispensing optician authorized to engage only in the	593
dispensing of contact lenses.	594

(F) "Licensed spectacle-contact lens dispensing optician"	595
means a licensed dispensing optician authorized to engage in the	596
dispensing of any optical aid.	597

(G) "Apprentice" means any person dispensing optical aids	598
under the direct supervision of a licensed dispensing optician.	599

(H) "Prescription" means the written or verbal directions or	600
instructions as specified by a physician or optometrist licensed	601
by any state for preparing an optical aid for a patient.	602

(I) "Supervision" means the provision of direction and	603
control through personal inspection and evaluation of work.	604

(J) "Licensed ocularist" means a person holding a current,	605
valid license issued under sections 4725.48 to 4725.51 of the	606
Revised Code to engage in the practice of designing, fabricating,	607
and fitting artificial eyes or prostheses associated with the	608
appearance or function of the human eye.	609

Sec. 4731.44.  (A) As used in this section, "supplier" has	610
the same meaning as in section 4725.28 of the Revised Code.	611

(B) An individual authorized under this chapter to practice	612
medicine and surgery or osteopathic medicine and surgery, on	613
completion of a vision examination and diagnosis, shall give each	614
patient for whom the individual prescribes any vision correcting	615
item, device, or procedure, one copy of the prescription, without	616
additional charge to the patient. The prescription shall include	617
the following:	618

(1) The date of its issuance;

619

(2) Sufficient information to enable the patient to obtain	620
from the supplier of the patient's choice, the vision correcting	621
item, device, or procedure that has been prescribed;	622

(3) In the case of contact lenses, all information specified	623
as part of a contact lens prescription, as defined in the	624
"Fairness to Contact Lens Consumers Act," 117 Stat. 2024 (2003),	625
15 U.S.C. 7610.	626

(C) Any supplier who fills a prescription for contact lenses	627
furnished by an individual authorized under this chapter to	628
practice medicine and surgery or osteopathic medicine and surgery	629
shall furnish the patient with written recommendations to return	630
to the prescribing doctor for evaluation of the contact lens	631
fitting.	632

(D) Any supplier, including an individual authorized under	633
this chapter to practice medicine and surgery or osteopathic	634
medicine and surgery who is a supplier, may advertise to inform	635
the general public of the price that the supplier charges for any	636
vision correcting item, device, or procedure. An advertisement of	637
that nature shall specify the following:	638

(1) Whether the price includes an eye examination;

639

(2) In the case of lenses, whether the price applies to	640
single-vision or multifocal lenses;	641

(3) In the case of contact lenses, whether the price applies	642
to rigid or soft lenses and whether there is an additional charge	643
related to the fitting and determination of the type of contact	644
lenses to be worn that is not included in the price of the eye	645
examination.	646

(E) The state medical board shall not adopt any rule that	647
restricts the right to advertise as permitted by division (D) of	648
this section.	649

(F) Any municipal corporation code, ordinance, or regulation	650
or any township resolution that conflicts with a supplier's right	651
to advertise as permitted by division (D) of this section is	652
superseded by division (D) of this section and is invalid. A	653
municipal corporation code, ordinance, or regulation or a township	654
resolution conflicts with division (D) of this section if it	655
restricts a supplier's right to advertise as permitted by division	656
(D) of this section.	657

Section 2. That existing sections 4725.01, 4725.09, 4725.16,	658
4725.23, 4725.26, 4725.28, 4725.40, and 4731.44 of the Revised	659
Code are hereby repealed.	660