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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 |
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 | 27 |
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 | 31 |
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all of the following: | 33 |
(a) Employing, applying, administering, and prescribing | 34 |
instruments, devices, and procedures, other than invasive | 35 |
procedures, | 36 |
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treatment, or prevention of any disease, injury, or other abnormal | 39 |
condition of the visual system; | 40 |
(b) | 41 |
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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 | 53 |
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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 | 85 |
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dangerous | 87 |
diagnosis, treatment, or prevention of any disease, injury, or | 88 |
other abnormal condition of the
visual system | 89 |
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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 |
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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 |
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or subordinate anatomical parts. | 171 |
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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 |
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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 |
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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 | 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
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of instruction in pharmacology to be completed by all licensed | 280 |
optometrists | 281 |
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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, | 301 |
the board shall mail
| 302 |
regarding license renewal | 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. | 308 |
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(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 |
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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. | 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. | 324 |
(4) Notice of an applicant's failure to qualify for renewal | 325 |
shall be
served upon the applicant
by
mail | 326 |
shall be sent | 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) | 341 |
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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) | 350 |
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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 |
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(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 | 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 | 490 |
in this or another state and approved by the board under section | 491 |
4725.10 of the
Revised
Code, while | 492 |
participating in this state in an optometry
training program | 493 |
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 | 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 | 557 |
558 | |
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 |