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| To amend sections 4725.40 and 4725.51 and to enact | 1 |
| section 4725.411 of the Revised Code regarding | 2 |
| licensed spectacle dispensing opticians. | 3 |
| Section 1. That sections 4725.40 and 4725.51 be amended and | 4 |
| section 4725.411 of the Revised Code be enacted to read as | 5 |
| follows: | 6 |
| Sec. 4725.40. As used in sections 4725.40 to 4725.59 of the | 7 |
| Revised Code: | 8 |
| (A) "Optical aid" means both of the following: | 9 |
| (1) Spectacles or other instruments or devices that are not | 10 |
| contact lenses, if the spectacles or other instruments or devices | 11 |
| may aid or correct human vision and have been prescribed by a | 12 |
| physician or optometrist licensed by any state; | 13 |
| (2) Contact lenses, regardless of whether they address visual | 14 |
| function, if they are designed to fit over the cornea of the eye | 15 |
| or are otherwise designed for use in or on the eye or orbit. | 16 |
| All contact lenses shall be dispensed only in accordance with | 17 |
| a valid written prescription designated for contact lenses, | 18 |
| including the following: | 19 |
| (a) Zero-powered plano contact lenses; | 20 |
| (b) Cosmetic contact lenses; | 21 |
| (c) Performance-enhancing contact lenses; | 22 |
| (d) Any other contact devices determined by the Ohio optical | 23 |
| dispensers board to be contact lenses. | 24 |
| (B) "Optical dispensing" means interpreting but not altering | 25 |
| a prescription of a licensed physician or optometrist and | 26 |
| designing, adapting, fitting, or replacing the prescribed optical | 27 |
| aids, pursuant to such prescription, to or for the intended | 28 |
| wearer; duplicating lenses, other than contact lenses, accurately | 29 |
| as to power without a prescription; and duplicating | 30 |
| nonprescription eyewear and parts of eyewear. "Optical dispensing" | 31 |
| does not include selecting frames, transacting a sale, | 32 |
| transferring an optical aid to the wearer after an optician has | 33 |
| completed fitting it, or providing instruction in the general care | 34 |
| and use of an optical aid, including placement, removal, hygiene, | 35 |
| or cleaning. | 36 |
| (C) "Licensed dispensing optician" means a person holding a | 37 |
| current, valid license issued under sections 4725.47 to 4725.51 of | 38 |
| the Revised Code that authorizes the person to engage in optical | 39 |
| dispensing. Nothing in this chapter shall be construed to permit a | 40 |
| licensed dispensing optician to alter the specifications of a | 41 |
| prescription. | 42 |
| (D) "Licensed spectacle dispensing optician" means a licensed | 43 |
| dispensing optician authorized to engage in both of the following: | 44 |
| (1) The dispensing of optical aids other than contact lenses; | 45 |
| (2) The dispensing of prepackaged soft contact lenses in | 46 |
| accordance with section 4725.411 of the Revised Code. | 47 |
| (E) "Licensed contact lens dispensing optician" means a | 48 |
| licensed dispensing optician authorized to engage only in the | 49 |
| dispensing of contact lenses. | 50 |
| (F) "Licensed spectacle-contact lens dispensing optician" | 51 |
| means a licensed dispensing optician authorized to engage in the | 52 |
| dispensing of any optical aid. | 53 |
| (G) "Apprentice" means any person dispensing optical aids | 54 |
| under the direct supervision of a licensed dispensing optician. | 55 |
| (H) "Prescription" means the written or verbal directions or | 56 |
| instructions as specified by a physician or optometrist licensed | 57 |
| by any state for preparing an optical aid for a patient. | 58 |
| (I) "Supervision" means the provision of direction and | 59 |
| control through personal inspection and evaluation of work. | 60 |
| (J) "Licensed ocularist" means a person holding a current, | 61 |
| valid license issued under sections 4725.48 to 4725.51 of the | 62 |
| Revised Code to engage in the practice of designing, fabricating, | 63 |
| and fitting artificial eyes or prostheses associated with the | 64 |
| appearance or function of the human eye. | 65 |
| Sec. 4725.411. Beginning January 1, 2016, a licensed | 66 |
| spectacle dispensing optician may dispense prepackaged soft | 67 |
| contact lenses if the only action necessary is to match the | 68 |
| description of the contact lenses that is on the packaging to a | 69 |
| written prescription. | 70 |
| Sec. 4725.51. (A) Each license issued under sections 4725.40 | 71 |
| to 4725.59 of the Revised Code shall expire on the first day of | 72 |
| January in the year after it was issued. Each person holding a | 73 |
| valid, current license may apply to the Ohio optical dispensers | 74 |
| board for the extension of the license under the standard renewal | 75 |
| procedures of Chapter 4745. of the Revised Code. Each application | 76 |
| for renewal shall be accompanied by a renewal fee the board shall | 77 |
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establish by rule | 78 |
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evidence that the applicant has completed | 79 |
| 80 | |
| follows: | 81 |
| (1) Licensed spectacle dispensing opticians shall have | 82 |
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pursued | 83 |
| following, approved by the board: | 84 |
| (a) Four hours of study in spectacle dispensing; | 85 |
| (b) Two hours of study in the form of contact lens dispensing | 86 |
| described in section 4725.411 of the Revised Code. | 87 |
| (2) Licensed contact lens dispensing opticians shall have | 88 |
| pursued eight hours of study in contact lens dispensing, approved | 89 |
| by the board. | 90 |
| (3) Licensed spectacle-contact lens dispensing opticians | 91 |
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shall have pursued | 92 |
| 93 |
| (a) Four hours of study in spectacle dispensing; | 94 |
| (b) Eight hours of study in contact lens dispensing. | 95 |
| (4) Licensed ocularists shall have pursued courses of study | 96 |
| as prescribed by rule of the board. | 97 |
| (B) No person who fails to renew the person's license under | 98 |
| division (A) of this section shall be required to take a | 99 |
| qualifying examination under section 4725.48 of the Revised Code | 100 |
| as a condition of renewal, provided that the application for | 101 |
| renewal and proof of the requisite continuing education hours are | 102 |
| submitted within ninety days from the date the license expired and | 103 |
| the applicant pays the annual renewal fee and a penalty of | 104 |
| seventy-five dollars. The board may provide, by rule, for an | 105 |
| extension of the grace period for licensed dispensing opticians | 106 |
| who are serving in the armed forces of the United States or a | 107 |
| reserve component of the armed forces of the United States, | 108 |
| including the Ohio national guard or the national guard of any | 109 |
| other state and for waiver of the continuing education | 110 |
| requirements or the penalty in cases of hardship or illness. | 111 |
| (C) The board shall approve continuing education programs and | 112 |
| shall adopt rules as necessary for approving the programs. | 113 |
| Approved programs shall be scheduled, sponsored, and conducted in | 114 |
| accordance with the board's rules. | 115 |
| Section 2. That existing sections 4725.40 and 4725.51 of the | 116 |
| Revised Code are hereby repealed. | 117 |