Sub. H. B. No. 258 As Reported by the Senate Medicaid, Health and Human Services Committee

As Reported by the Senate Medicaid, Health and Human Services Committee

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 258

Representative Gonzales

Cosponsors: Representatives Becker, Grossman, Hood, Retherford, Roegner, Wachtmann, Brown, Schuring, Amstutz, Anielski, Antonio, Beck, Burkley, Damschroder, Duffey, Hackett, Reece, Sears Speaker Batchelder

A BILL

To amend sections 4725.40 and 4725.51 and to enact

section 4725.411 of the Revised Code regarding

licensed spectacle dispensing opticians.

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

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:

(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;

(b) Cosmetic contact lenses;

(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;

(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
establish by rule ~~and~~. In addition, the application shall contain	78
evidence that the applicant has completed a continuing education	79
~~program~~ within the immediately preceding one-year period as	80
follows:	81

(1) Licensed spectacle dispensing opticians shall have	82
pursued ~~four hours~~both of ~~study in spectacle dispensing~~the	83
following, approved by the board:	84

(a) Four hours of study in spectacle dispensing;

(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
shall have pursued ~~courses~~both of ~~study under divisions (A)(1)~~	92
~~and (2) of this section~~the following, approved by the board:	93

(a) Four hours of study in spectacle dispensing;

(b) Eight hours of study in contact lens dispensing.

(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