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To amend sections 4725.01, 4725.09, 4725.16, 4725.23, | 1 |
4725.26, 4725.28, and 4731.44 and to enact | 2 |
sections 4725.011, 4725.012, and 4725.091 of the | 3 |
Revised Code to modify the laws governing the | 4 |
State Board of Optometry and the practice of | 5 |
optometry, including the laws authorizing | 6 |
optometrists to administer and prescribe drugs. | 7 |
Section 1. That sections 4725.01, 4725.09, 4725.16, 4725.23, | 8 |
4725.26, 4725.28, and 4731.44 be amended and sections 4725.011, | 9 |
4725.012, and 4725.091 of the Revised Code be enacted to read as | 10 |
follows: | 11 |
Sec. 4725.01. As used in this chapter: | 12 |
(A)(1) The "practice of optometry" means the application of | 13 |
optical principles, through technical methods and devices, in the | 14 |
examination of human eyes for the purpose of ascertaining | 15 |
departures from the normal, measuring their functional powers, | 16 |
adapting optical accessories for the aid thereof, and detecting | 17 |
ocular abnormalities that may be evidence of disease, pathology, | 18 |
or injury. | 19 |
(2) In the case of a licensed optometrist who holds a topical | 20 |
ocular pharmaceutical agents certificate, the "practice of | 21 |
optometry" has the same meaning as in division (A)(1) of this | 22 |
section, except that it also includes | 23 |
ocular pharmaceutical agents | 24 |
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(3) In the case of a licensed optometrist who holds a | 26 |
therapeutic pharmaceutical agents certificate, the "practice of | 27 |
optometry" has the same meaning as in | 28 |
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all of the following: | 30 |
(a) Employing, applying, administering, and prescribing | 31 |
instruments, devices, and procedures other than invasive | 32 |
procedures | 33 |
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treatment, or prevention of any disease, injury, or other abnormal | 36 |
condition of the visual system; | 37 |
(b) | 38 |
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therapeutic pharmaceutical agents; | 40 |
(c) Performance of the invasive procedures specified in | 41 |
division (C) of section 4725.012 of the Revised Code. | 42 |
(B) "Topical ocular pharmaceutical | 43 |
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may be used in accordance with section 4725.011 of the Revised | 64 |
Code by a licensed optometrist who holds a topical ocular | 65 |
pharmaceutical agents certificate. | 66 |
(C) "Therapeutic pharmaceutical agent" means a | 67 |
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accordance with section 4725.012 of the Revised Code by a licensed | 106 |
optometrist who holds a therapeutic pharmaceutical agents | 107 |
certificate. | 108 |
(D) "Drug" 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, | 116 |
of intraocular foreign bodies, or the administration of a drug by | 117 |
injection. | 118 |
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or subordinate anatomical parts. | 120 |
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by the state board of optometry under section 4725.13 of the | 122 |
Revised Code authorizing the holder to practice optometry as | 123 |
provided in division (A)(1) of this section. | 124 |
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means a certificate issued by the state board of optometry under | 126 |
section 4725.13 of the Revised Code authorizing the holder to | 127 |
practice optometry as provided in division (A)(2) of this section. | 128 |
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a certificate issued by the state board of optometry under | 130 |
division (A)(3) or (4) of section 4725.13 of the Revised Code | 131 |
authorizing the holder to practice optometry as provided in | 132 |
division (A)(3) of this section. | 133 |
Sec. 4725.011. A 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) | 171 |
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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
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of instruction in pharmacology to be completed by all licensed | 248 |
optometrists | 249 |
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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, | 269 |
the board shall mail
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regarding license renewal | 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. | 276 |
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(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 |
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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. | 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. | 292 |
(4) Notice of an applicant's failure to qualify for renewal | 293 |
shall be
served upon the applicant
by
mail | 294 |
shall be sent | 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) | 309 |
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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) | 318 |
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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 |
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(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 | 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 | 458 |
in this or another state and approved by the board under section | 459 |
4725.10 of the
Revised
Code, while | 460 |
participating in this state in an optometry
training program | 461 |
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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 |