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| To amend section 4725.40 and to enact section | 1 |
| 4725.411 of the Revised Code regarding licensed | 2 |
| spectacle dispensing opticians. | 3 |
| Section 1. That section 4725.40 be amended and section | 4 |
| 4725.411 of the Revised Code be enacted to read as follows: | 5 |
| Sec. 4725.40. As used in sections 4725.40 to 4725.59 of the | 6 |
| Revised Code: | 7 |
| (A) "Optical aid" means both of the following: | 8 |
| (1) Spectacles or other instruments or devices that are not | 9 |
| contact lenses, if the spectacles or other instruments or devices | 10 |
| may aid or correct human vision and have been prescribed by a | 11 |
| physician or optometrist licensed by any state; | 12 |
| (2) Contact lenses, regardless of whether they address visual | 13 |
| function, if they are designed to fit over the cornea of the eye | 14 |
| or are otherwise designed for use in or on the eye or orbit. | 15 |
| All contact lenses shall be dispensed only in accordance with | 16 |
| a valid written prescription designated for contact lenses, | 17 |
| including the following: | 18 |
| (a) Zero-powered plano contact lenses; | 19 |
| (b) Cosmetic contact lenses; | 20 |
| (c) Performance-enhancing contact lenses; | 21 |
| (d) Any other contact devices determined by the Ohio optical | 22 |
| dispensers board to be contact lenses. | 23 |
| (B) "Optical dispensing" means interpreting but not altering | 24 |
| a prescription of a licensed physician or optometrist and | 25 |
| designing, adapting, fitting, or replacing the prescribed optical | 26 |
| aids, pursuant to such prescription, to or for the intended | 27 |
| wearer; duplicating lenses, other than contact lenses, accurately | 28 |
| as to power without a prescription; and duplicating | 29 |
| nonprescription eyewear and parts of eyewear. "Optical dispensing" | 30 |
| does not include selecting frames, transacting a sale, | 31 |
| transferring an optical aid to the wearer after an optician has | 32 |
| completed fitting it, or providing instruction in the general care | 33 |
| and use of an optical aid, including placement, removal, hygiene, | 34 |
| or cleaning. | 35 |
| (C) "Licensed dispensing optician" means a person holding a | 36 |
| current, valid license issued under sections 4725.47 to 4725.51 of | 37 |
| the Revised Code that authorizes the person to engage in optical | 38 |
| dispensing. Nothing in this chapter shall be construed to permit a | 39 |
| licensed dispensing optician to alter the specifications of a | 40 |
| prescription. | 41 |
| (D) "Licensed spectacle dispensing optician" means a licensed | 42 |
| dispensing optician authorized to engage in both of the following: | 43 |
| (1) The dispensing of optical aids other than contact lenses; | 44 |
| (2) The dispensing of contact lenses in accordance with | 45 |
| section 4725.411 of the Revised Code. | 46 |
| (E) "Licensed contact lens dispensing optician" means a | 47 |
| licensed dispensing optician authorized to engage only in the | 48 |
| dispensing of contact lenses. | 49 |
| (F) "Licensed spectacle-contact lens dispensing optician" | 50 |
| means a licensed dispensing optician authorized to engage in the | 51 |
| dispensing of any optical aid. | 52 |
| (G) "Apprentice" means any person dispensing optical aids | 53 |
| under the direct supervision of a licensed dispensing optician. | 54 |
| (H) "Prescription" means the written or verbal directions or | 55 |
| instructions as specified by a physician or optometrist licensed | 56 |
| by any state for preparing an optical aid for a patient. | 57 |
| (I) "Supervision" means the provision of direction and | 58 |
| control through personal inspection and evaluation of work. | 59 |
| (J) "Licensed ocularist" means a person holding a current, | 60 |
| valid license issued under sections 4725.48 to 4725.51 of the | 61 |
| Revised Code to engage in the practice of designing, fabricating, | 62 |
| and fitting artificial eyes or prostheses associated with the | 63 |
| appearance or function of the human eye. | 64 |
| Sec. 4725.411. A licensed spectacle dispensing optician may | 65 |
| dispense contact lenses if the only action necessary is to match | 66 |
| the description of the contact lenses that is on the packaging to | 67 |
| a written prescription. | 68 |
| Section 2. That existing section 4725.40 of the Revised Code | 69 |
| is hereby repealed. | 70 |