H. B. No. 466 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 466

Representatives Gonzales, Sears

Cosponsors: Representatives Becker, Blair, Blessing, Brown, Grossman, Hill, Hood

A BILL

To amend sections 109.572, 125.22, 4725.03, 4725.05,

4725.07, 4725.13, 4725.16, 4725.19, 4725.20,

4725.34, 4725.40, 4725.41, 4725.44, 4725.48,

4725.49, 4725.50, 4725.501, 4725.51, 4725.52,

4725.53, 4725.54, 4725.55, 4725.57, 4725.59,

4725.61, 4725.99, 4776.10, and 5903.12 to amend,

for the purpose of adopting new section numbers as

indicated in parentheses, sections 4725.44

(4725.42), 4725.48 (4725.43), 4725.49 (4725.44),

4725.50 (4725.45), 4725.501 (4725.46), 4725.51

(4725.47), 4725.52 (4725.48), 4725.53 (4725.49),

4725.54 (4725.50), 4725.55 (4725.51), 4725.56

(4725.52), 4725.57 (4725.53), 4725.58 (4725.54),

4725.59 (4725.55), and 4725.61 (4725.56), and to

repeal sections 4725.42, 4725.43, 4725.45,

4725.46, 4725.47, and 4725.531 of the Revised Code

to abolish the Ohio Optical Dispensers Board and

to transfer its duties to the State Board of

Optometry.

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

Section 1. That sections 109.572, 125.22, 4725.03, 4725.05,	20
4725.07, 4725.13, 4725.16, 4725.19, 4725.20, 4725.34, 4725.40,	21
4725.41, 4725.44, 4725.48, 4725.49, 4725.50, 4725.501, 4725.51,	22
4725.52, 4725.53, 4725.54, 4725.55, 4725.57, 4725.59, 4725.61,	23
4725.99, 4776.10, and 5903.12 be amended and sections 4725.44	24
(4725.42), 4725.48 (4725.43), 4725.49 (4725.44), 4725.50	25
(4725.45), 4725.501 (4725.46), 4725.51 (4725.47), 4725.52	26
(4725.48), 4725.53 (4725.49), 4725.54 (4725.50), 4725.55	27
(4725.51), 4725.56 (4725.52), 4725.57 (4725.53), 4725.58	28
(4725.54), 4725.59 (4725.55), and 4725.61 (4725.56) of the Revised	29
Code be amended for the purpose of adopting new section numbers as	30
indicated in parentheses to read as follows:	31

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	32
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	33
a completed form prescribed pursuant to division (C)(1) of this	34
section, and a set of fingerprint impressions obtained in the	35
manner described in division (C)(2) of this section, the	36
superintendent of the bureau of criminal identification and	37
investigation shall conduct a criminal records check in the manner	38
described in division (B) of this section to determine whether any	39
information exists that indicates that the person who is the	40
subject of the request previously has been convicted of or pleaded	41
guilty to any of the following:	42

(a) A violation of section 2903.01, 2903.02, 2903.03,	43
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	44
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	45
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	46
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	47
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	48
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	49
2925.06, or 3716.11 of the Revised Code, felonious sexual	50
penetration in violation of former section 2907.12 of the Revised	51
Code, a violation of section 2905.04 of the Revised Code as it	52
existed prior to July 1, 1996, a violation of section 2919.23 of	53
the Revised Code that would have been a violation of section	54
2905.04 of the Revised Code as it existed prior to July 1, 1996,	55
had the violation been committed prior to that date, or a	56
violation of section 2925.11 of the Revised Code that is not a	57
minor drug possession offense;	58

(b) A violation of an existing or former law of this state,	59
any other state, or the United States that is substantially	60
equivalent to any of the offenses listed in division (A)(1)(a) of	61
this section;	62

(c) If the request is made pursuant to section 3319.39 of the	63
Revised Code for an applicant who is a teacher, any offense	64
specified in section 3319.31 of the Revised Code.	65

(2) On receipt of a request pursuant to section 3712.09 or	66
3721.121 of the Revised Code, a completed form prescribed pursuant	67
to division (C)(1) of this section, and a set of fingerprint	68
impressions obtained in the manner described in division (C)(2) of	69
this section, the superintendent of the bureau of criminal	70
identification and investigation shall conduct a criminal records	71
check with respect to any person who has applied for employment in	72
a position for which a criminal records check is required by those	73
sections. The superintendent shall conduct the criminal records	74
check in the manner described in division (B) of this section to	75
determine whether any information exists that indicates that the	76
person who is the subject of the request previously has been	77
convicted of or pleaded guilty to any of the following:	78

(a) A violation of section 2903.01, 2903.02, 2903.03,	79
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	80
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	81
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	82
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	83
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	84
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	85
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	86
2925.22, 2925.23, or 3716.11 of the Revised Code;	87

(b) An existing or former law of this state, any other state,	88
or the United States that is substantially equivalent to any of	89
the offenses listed in division (A)(2)(a) of this section.	90

(3) On receipt of a request pursuant to section 173.27,	91
173.38, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081, or	92
5123.169 of the Revised Code, a completed form prescribed pursuant	93
to division (C)(1) of this section, and a set of fingerprint	94
impressions obtained in the manner described in division (C)(2) of	95
this section, the superintendent of the bureau of criminal	96
identification and investigation shall conduct a criminal records	97
check of the person for whom the request is made. The	98
superintendent shall conduct the criminal records check in the	99
manner described in division (B) of this section to determine	100
whether any information exists that indicates that the person who	101
is the subject of the request previously has been convicted of,	102
has pleaded guilty to, or (except in the case of a request	103
pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised	104
Code) has been found eligible for intervention in lieu of	105
conviction for any of the following, regardless of the date of the	106
conviction, the date of entry of the guilty plea, or (except in	107
the case of a request pursuant to section 5164.34, 5164.341, or	108
5164.342 of the Revised Code) the date the person was found	109
eligible for intervention in lieu of conviction:	110

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	111
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	112
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	113
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	114
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	115
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	116
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	117
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	118
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	119
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	120
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	121
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	122
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	123
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	124
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	125
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	126
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	127
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	128
2927.12, or 3716.11 of the Revised Code;	129

(b) Felonious sexual penetration in violation of former	130
section 2907.12 of the Revised Code;	131

(c) A violation of section 2905.04 of the Revised Code as it	132
existed prior to July 1, 1996;	133

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	134
the Revised Code when the underlying offense that is the object of	135
the conspiracy, attempt, or complicity is one of the offenses	136
listed in divisions (A)(3)(a) to (c) of this section;	137

(e) A violation of an existing or former municipal ordinance	138
or law of this state, any other state, or the United States that	139
is substantially equivalent to any of the offenses listed in	140
divisions (A)(3)(a) to (d) of this section.	141

(4) On receipt of a request pursuant to section 2151.86 of	142
the Revised Code, a completed form prescribed pursuant to division	143
(C)(1) of this section, and a set of fingerprint impressions	144
obtained in the manner described in division (C)(2) of this	145
section, the superintendent of the bureau of criminal	146
identification and investigation shall conduct a criminal records	147
check in the manner described in division (B) of this section to	148
determine whether any information exists that indicates that the	149
person who is the subject of the request previously has been	150
convicted of or pleaded guilty to any of the following:	151

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	152
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	153
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	154
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	155
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	156
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	157
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	158
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	159
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	160
of the Revised Code, a violation of section 2905.04 of the Revised	161
Code as it existed prior to July 1, 1996, a violation of section	162
2919.23 of the Revised Code that would have been a violation of	163
section 2905.04 of the Revised Code as it existed prior to July 1,	164
1996, had the violation been committed prior to that date, a	165
violation of section 2925.11 of the Revised Code that is not a	166
minor drug possession offense, two or more OVI or OVUAC violations	167
committed within the three years immediately preceding the	168
submission of the application or petition that is the basis of the	169
request, or felonious sexual penetration in violation of former	170
section 2907.12 of the Revised Code;	171

(b) A violation of an existing or former law of this state,	172
any other state, or the United States that is substantially	173
equivalent to any of the offenses listed in division (A)(4)(a) of	174
this section.	175

(5) Upon receipt of a request pursuant to section 5104.012 or	176
5104.013 of the Revised Code, a completed form prescribed pursuant	177
to division (C)(1) of this section, and a set of fingerprint	178
impressions obtained in the manner described in division (C)(2) of	179
this section, the superintendent of the bureau of criminal	180
identification and investigation shall conduct a criminal records	181
check in the manner described in division (B) of this section to	182
determine whether any information exists that indicates that the	183
person who is the subject of the request has been convicted of or	184
pleaded guilty to any of the following:	185

(a) A violation of section 2903.01, 2903.02, 2903.03,	186
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	187
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	188
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	189
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	190
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	191
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	192
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	193
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	194
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	195
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	196
3716.11 of the Revised Code, felonious sexual penetration in	197
violation of former section 2907.12 of the Revised Code, a	198
violation of section 2905.04 of the Revised Code as it existed	199
prior to July 1, 1996, a violation of section 2919.23 of the	200
Revised Code that would have been a violation of section 2905.04	201
of the Revised Code as it existed prior to July 1, 1996, had the	202
violation been committed prior to that date, a violation of	203
section 2925.11 of the Revised Code that is not a minor drug	204
possession offense, a violation of section 2923.02 or 2923.03 of	205
the Revised Code that relates to a crime specified in this	206
division, or a second violation of section 4511.19 of the Revised	207
Code within five years of the date of application for licensure or	208
certification.	209

(b) A violation of an existing or former law of this state,	210
any other state, or the United States that is substantially	211
equivalent to any of the offenses or violations described in	212
division (A)(5)(a) of this section.	213

(6) Upon receipt of a request pursuant to section 5153.111 of	214
the Revised Code, a completed form prescribed pursuant to division	215
(C)(1) of this section, and a set of fingerprint impressions	216
obtained in the manner described in division (C)(2) of this	217
section, the superintendent of the bureau of criminal	218
identification and investigation shall conduct a criminal records	219
check in the manner described in division (B) of this section to	220
determine whether any information exists that indicates that the	221
person who is the subject of the request previously has been	222
convicted of or pleaded guilty to any of the following:	223

(a) A violation of section 2903.01, 2903.02, 2903.03,	224
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	225
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	226
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	227
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	228
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	229
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	230
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	231
felonious sexual penetration in violation of former section	232
2907.12 of the Revised Code, a violation of section 2905.04 of the	233
Revised Code as it existed prior to July 1, 1996, a violation of	234
section 2919.23 of the Revised Code that would have been a	235
violation of section 2905.04 of the Revised Code as it existed	236
prior to July 1, 1996, had the violation been committed prior to	237
that date, or a violation of section 2925.11 of the Revised Code	238
that is not a minor drug possession offense;	239

(b) A violation of an existing or former law of this state,	240
any other state, or the United States that is substantially	241
equivalent to any of the offenses listed in division (A)(6)(a) of	242
this section.	243

(7) On receipt of a request for a criminal records check from	244
an individual pursuant to section 4749.03 or 4749.06 of the	245
Revised Code, accompanied by a completed copy of the form	246
prescribed in division (C)(1) of this section and a set of	247
fingerprint impressions obtained in a manner described in division	248
(C)(2) of this section, the superintendent of the bureau of	249
criminal identification and investigation shall conduct a criminal	250
records check in the manner described in division (B) of this	251
section to determine whether any information exists indicating	252
that the person who is the subject of the request has been	253
convicted of or pleaded guilty to a felony in this state or in any	254
other state. If the individual indicates that a firearm will be	255
carried in the course of business, the superintendent shall	256
require information from the federal bureau of investigation as	257
described in division (B)(2) of this section. Subject to division	258
(F) of this section, the superintendent shall report the findings	259
of the criminal records check and any information the federal	260
bureau of investigation provides to the director of public safety.	261

(8) On receipt of a request pursuant to section 1321.37,	262
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	263
Code, a completed form prescribed pursuant to division (C)(1) of	264
this section, and a set of fingerprint impressions obtained in the	265
manner described in division (C)(2) of this section, the	266
superintendent of the bureau of criminal identification and	267
investigation shall conduct a criminal records check with respect	268
to any person who has applied for a license, permit, or	269
certification from the department of commerce or a division in the	270
department. The superintendent shall conduct the criminal records	271
check in the manner described in division (B) of this section to	272
determine whether any information exists that indicates that the	273
person who is the subject of the request previously has been	274
convicted of or pleaded guilty to any of the following: a	275
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	276
2925.03 of the Revised Code; any other criminal offense involving	277
theft, receiving stolen property, embezzlement, forgery, fraud,	278
passing bad checks, money laundering, or drug trafficking, or any	279
criminal offense involving money or securities, as set forth in	280
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	281
the Revised Code; or any existing or former law of this state, any	282
other state, or the United States that is substantially equivalent	283
to those offenses.	284

(9) On receipt of a request for a criminal records check from	285
the treasurer of state under section 113.041 of the Revised Code	286
or from an individual under section 4701.08, 4715.101, 4717.061,	287
4725.121, ~~4725.501~~4725.46, 4729.071, 4730.101, 4730.14, 4730.28,	288
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	289
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	290
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	291
4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code,	292
accompanied by a completed form prescribed under division (C)(1)	293
of this section and a set of fingerprint impressions obtained in	294
the manner described in division (C)(2) of this section, the	295
superintendent of the bureau of criminal identification and	296
investigation shall conduct a criminal records check in the manner	297
described in division (B) of this section to determine whether any	298
information exists that indicates that the person who is the	299
subject of the request has been convicted of or pleaded guilty to	300
any criminal offense in this state or any other state. Subject to	301
division (F) of this section, the superintendent shall send the	302
results of a check requested under section 113.041 of the Revised	303
Code to the treasurer of state and shall send the results of a	304
check requested under any of the other listed sections to the	305
licensing board specified by the individual in the request.	306

(10) On receipt of a request pursuant to section 1121.23,	307
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	308
Code, a completed form prescribed pursuant to division (C)(1) of	309
this section, and a set of fingerprint impressions obtained in the	310
manner described in division (C)(2) of this section, the	311
superintendent of the bureau of criminal identification and	312
investigation shall conduct a criminal records check in the manner	313
described in division (B) of this section to determine whether any	314
information exists that indicates that the person who is the	315
subject of the request previously has been convicted of or pleaded	316
guilty to any criminal offense under any existing or former law of	317
this state, any other state, or the United States.	318

(11) On receipt of a request for a criminal records check	319
from an appointing or licensing authority under section 3772.07 of	320
the Revised Code, a completed form prescribed under division	321
(C)(1) of this section, and a set of fingerprint impressions	322
obtained in the manner prescribed in division (C)(2) of this	323
section, the superintendent of the bureau of criminal	324
identification and investigation shall conduct a criminal records	325
check in the manner described in division (B) of this section to	326
determine whether any information exists that indicates that the	327
person who is the subject of the request previously has been	328
convicted of or pleaded guilty or no contest to any offense under	329
any existing or former law of this state, any other state, or the	330
United States that is a disqualifying offense as defined in	331
section 3772.07 of the Revised Code or substantially equivalent to	332
such an offense.	333

(12) On receipt of a request pursuant to section 2151.33 or	334
2151.412 of the Revised Code, a completed form prescribed pursuant	335
to division (C)(1) of this section, and a set of fingerprint	336
impressions obtained in the manner described in division (C)(2) of	337
this section, the superintendent of the bureau of criminal	338
identification and investigation shall conduct a criminal records	339
check with respect to any person for whom a criminal records check	340
is required by that section. The superintendent shall conduct the	341
criminal records check in the manner described in division (B) of	342
this section to determine whether any information exists that	343
indicates that the person who is the subject of the request	344
previously has been convicted of or pleaded guilty to any of the	345
following:	346

(a) A violation of section 2903.01, 2903.02, 2903.03,	347
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	348
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	349
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	350
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	351
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	352
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	353
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	354
2925.22, 2925.23, or 3716.11 of the Revised Code;	355

(b) An existing or former law of this state, any other state,	356
or the United States that is substantially equivalent to any of	357
the offenses listed in division (A)(12)(a) of this section.	358

(B) Subject to division (F) of this section, the	359
superintendent shall conduct any criminal records check to be	360
conducted under this section as follows:	361

(1) The superintendent shall review or cause to be reviewed	362
any relevant information gathered and compiled by the bureau under	363
division (A) of section 109.57 of the Revised Code that relates to	364
the person who is the subject of the criminal records check,	365
including, if the criminal records check was requested under	366
section 113.041, 121.08, 173.27, 173.38, 1121.23, 1155.03,	367
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	368
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	369
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	370
5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or	371
5153.111 of the Revised Code, any relevant information contained	372
in records that have been sealed under section 2953.32 of the	373
Revised Code;	374

(2) If the request received by the superintendent asks for	375
information from the federal bureau of investigation, the	376
superintendent shall request from the federal bureau of	377
investigation any information it has with respect to the person	378
who is the subject of the criminal records check, including	379
fingerprint-based checks of national crime information databases	380
as described in 42 U.S.C. 671 if the request is made pursuant to	381
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	382
any other Revised Code section requires fingerprint-based checks	383
of that nature, and shall review or cause to be reviewed any	384
information the superintendent receives from that bureau. If a	385
request under section 3319.39 of the Revised Code asks only for	386
information from the federal bureau of investigation, the	387
superintendent shall not conduct the review prescribed by division	388
(B)(1) of this section.	389

(3) The superintendent or the superintendent's designee may	390
request criminal history records from other states or the federal	391
government pursuant to the national crime prevention and privacy	392
compact set forth in section 109.571 of the Revised Code.	393

(4) The superintendent shall include in the results of the	394
criminal records check a list or description of the offenses	395
listed or described in division (A)(1), (2), (3), (4), (5), (6),	396
(7), (8), (9), (10), (11), or (12) of this section, whichever	397
division requires the superintendent to conduct the criminal	398
records check. The superintendent shall exclude from the results	399
any information the dissemination of which is prohibited by	400
federal law.	401

(5) The superintendent shall send the results of the criminal	402
records check to the person to whom it is to be sent not later	403
than the following number of days after the date the	404
superintendent receives the request for the criminal records	405
check, the completed form prescribed under division (C)(1) of this	406
section, and the set of fingerprint impressions obtained in the	407
manner described in division (C)(2) of this section:	408

(a) If the superintendent is required by division (A) of this	409
section (other than division (A)(3) of this section) to conduct	410
the criminal records check, thirty;	411

(b) If the superintendent is required by division (A)(3) of	412
this section to conduct the criminal records check, sixty.	413

(C)(1) The superintendent shall prescribe a form to obtain	414
the information necessary to conduct a criminal records check from	415
any person for whom a criminal records check is to be conducted	416
under this section. The form that the superintendent prescribes	417
pursuant to this division may be in a tangible format, in an	418
electronic format, or in both tangible and electronic formats.	419

(2) The superintendent shall prescribe standard impression	420
sheets to obtain the fingerprint impressions of any person for	421
whom a criminal records check is to be conducted under this	422
section. Any person for whom a records check is to be conducted	423
under this section shall obtain the fingerprint impressions at a	424
county sheriff's office, municipal police department, or any other	425
entity with the ability to make fingerprint impressions on the	426
standard impression sheets prescribed by the superintendent. The	427
office, department, or entity may charge the person a reasonable	428
fee for making the impressions. The standard impression sheets the	429
superintendent prescribes pursuant to this division may be in a	430
tangible format, in an electronic format, or in both tangible and	431
electronic formats.	432

(3) Subject to division (D) of this section, the	433
superintendent shall prescribe and charge a reasonable fee for	434
providing a criminal records check under this section. The person	435
requesting the criminal records check shall pay the fee prescribed	436
pursuant to this division. In the case of a request under section	437
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	438
2151.412, or 5164.34 of the Revised Code, the fee shall be paid in	439
the manner specified in that section.	440

(4) The superintendent of the bureau of criminal	441
identification and investigation may prescribe methods of	442
forwarding fingerprint impressions and information necessary to	443
conduct a criminal records check, which methods shall include, but	444
not be limited to, an electronic method.	445

(D) The results of a criminal records check conducted under	446
this section, other than a criminal records check specified in	447
division (A)(7) of this section, are valid for the person who is	448
the subject of the criminal records check for a period of one year	449
from the date upon which the superintendent completes the criminal	450
records check. If during that period the superintendent receives	451
another request for a criminal records check to be conducted under	452
this section for that person, the superintendent shall provide the	453
results from the previous criminal records check of the person at	454
a lower fee than the fee prescribed for the initial criminal	455
records check.	456

(E) When the superintendent receives a request for	457
information from a registered private provider, the superintendent	458
shall proceed as if the request was received from a school	459
district board of education under section 3319.39 of the Revised	460
Code. The superintendent shall apply division (A)(1)(c) of this	461
section to any such request for an applicant who is a teacher.	462

(F)(1) All information regarding the results of a criminal	463
records check conducted under this section that the superintendent	464
reports or sends under division (A)(7) or (9) of this section to	465
the director of public safety, the treasurer of state, or the	466
person, board, or entity that made the request for the criminal	467
records check shall relate to the conviction of the subject	468
person, or the subject person's plea of guilty to, a criminal	469
offense.	470

(2) Division (F)(1) of this section does not limit, restrict,	471
or preclude the superintendent's release of information that	472
relates to an adjudication of a child as a delinquent child, or	473
that relates to a criminal conviction of a person under eighteen	474
years of age if the person's case was transferred back to a	475
juvenile court under division (B)(2) or (3) of section 2152.121 of	476
the Revised Code and the juvenile court imposed a disposition or	477
serious youthful offender disposition upon the person under either	478
division, if either of the following applies with respect to the	479
adjudication or conviction:	480

(a) The adjudication or conviction was for a violation of	481
section 2903.01 or 2903.02 of the Revised Code.	482

(b) The adjudication or conviction was for a sexually	483
oriented offense, as defined in section 2950.01 of the Revised	484
Code, the juvenile court was required to classify the child a	485
juvenile offender registrant for that offense under section	486
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	487
classification has not been removed.	488

(G) As used in this section:

489

(1) "Criminal records check" means any criminal records check	490
conducted by the superintendent of the bureau of criminal	491
identification and investigation in accordance with division (B)	492
of this section.	493

(2) "Minor drug possession offense" has the same meaning as	494
in section 2925.01 of the Revised Code.	495

(3) "OVI or OVUAC violation" means a violation of section	496
4511.19 of the Revised Code or a violation of an existing or	497
former law of this state, any other state, or the United States	498
that is substantially equivalent to section 4511.19 of the Revised	499
Code.	500

(4) "Registered private provider" means a nonpublic school or	501
entity registered with the superintendent of public instruction	502
under section 3310.41 of the Revised Code to participate in the	503
autism scholarship program or section 3310.58 of the Revised Code	504
to participate in the Jon Peterson special needs scholarship	505
program.	506

Sec. 125.22. (A) The department of administrative services	507
shall establish the central service agency to perform routine	508
support for the following boards and commissions:	509

(1) Architects board;

510

(2) Barber board;

511

(3) State chiropractic board;

512

(4) State board of cosmetology;

513

(5) Accountancy board;

514

(6) State dental board;

515

(7) State board of optometry;

516

(8) Ohio occupational therapy, physical therapy, and athletic	517
trainers board;	518

(9) State board of registration for professional engineers	519
and surveyors;	520

(10) State board of sanitarian registration;

521

(11) Board of embalmers and funeral directors;

522

(12) State board of psychology;

523

(13) ~~Ohio optical dispensers board;~~

524

~~(14)~~ Board of speech pathology and audiology;

525

~~(15)~~(14) Counselor, social worker, and marriage and family	526
therapist board;	527

~~(16)~~(15) State veterinary medical licensing board;

528

~~(17)~~(16) Ohio board of dietetics;

529

~~(18)~~(17) Commission on Hispanic-Latino affairs;

530

~~(19)~~(18) Ohio respiratory care board;

531

~~(20)~~(19) Ohio commission on African-American males;

532

~~(21)~~(20) Chemical dependency professionals board.

533

(B)(1) Notwithstanding any other section of the Revised Code,	534
the agency shall perform the following routine support services	535
for the boards and commissions named in division (A) of this	536
section unless the controlling board exempts a board or commission	537
from this requirement on the recommendation of the director of	538
administrative services:	539

(a) Preparing and processing payroll and other personnel	540
documents;	541

(b) Preparing and processing vouchers, purchase orders,	542
encumbrances, and other accounting documents;	543

544

(d) Preparing and monitoring budgets and allotment plans in	545
consultation with the boards and commissions;	546

(e) Other routine support services that the director of	547
administrative services considers appropriate to achieve	548
efficiency.	549

(2) The agency may perform other services which a board or	550
commission named in division (A) of this section delegates to the	551
agency and the agency accepts.	552

(3) The agency may perform any service for any professional	553
or occupational licensing board not named in division (A) of this	554
section or any commission if the board or commission requests such	555
service and the agency accepts.	556

(C) The director of administrative services shall be the	557
appointing authority for the agency.	558

(D) The agency shall determine the fees to be charged to the	559
boards and commissions, which shall be in proportion to the	560
services performed for each board or commission.	561

(E) Each board or commission named in division (A) of this	562
section and any other board or commission requesting services from	563
the agency shall pay these fees to the agency from the general	564
revenue fund maintenance account of the board or commission or	565
from such other fund as the operating expenses of the board or	566
commission are paid. Any amounts set aside for a fiscal year by a	567
board or commission to allow for the payment of fees shall be used	568
only for the services performed by the agency in that fiscal year.	569
All receipts collected by the agency shall be deposited in the	570
state treasury to the credit of the central service agency fund,	571
which is hereby created. All expenses incurred by the agency in	572
performing services for the boards or commissions shall be paid	573
from the fund.	574

(F) Nothing in this section shall be construed as a grant of	575
authority for the central service agency to initiate or deny	576
personnel or fiscal actions for the boards and commissions.	577

Sec. 4725.03. (A) The governor, with the advice and consent	578
of the senate, shall appoint a state board of optometry consisting	579
of ~~six nonmedical~~nine residents of this state~~, five of whom~~	580
~~shall be~~as follows:	581

(1) Six persons actually engaged in the practice of optometry	582
for five years preceding appointment ~~and one of whom shall be a~~;	583

(2) One member of the public ~~at least fifty years of age~~who	584
has no direct financial interest in or any other interest in the	585
provision of optical aids or the performance of optical dispensing	586
services;	587

(3) Two dispensing opticians, one of whom shall be a contact	588
lens dispensing optician and one of whom shall be a spectacle	589
dispensing optician, licensed under sections 4725.48 to 4725.51 of	590
the Revised Code.	591

(B) Terms of office shall be five years, commencing on the	592
twenty-sixth day of September and ending on the twenty-fifth day	593
of September. Each member shall hold office from the date of	594
appointment until the end of the term for which appointed. Any	595
member appointed to fill a vacancy occurring prior to the	596
expiration of the term for which the member's predecessor was	597
appointed shall hold office for the remainder of the term. A	598
member shall continue in office subsequent to the expiration date	599
of the member's term until the member's successor takes office, or	600
until a period of sixty days has elapsed, whichever occurs first.	601
No person shall serve as a member for more than two terms.	602

Sec. 4725.05. The state board of optometry shall employ an	603
executive director. Before entering upon the discharge of official	604
duties of office, the executive director shall give a bond, to be	605
approved by the board, in the sum of two thousand dollars	606
conditioned for the faithful discharge of the duties of the	607
office. The premium for such bond shall be paid as are other	608
expenditures of the board. The bond, with the approval of the	609
board and oath of office indorsed thereon, shall be deposited with	610
the secretary of state and kept in the secretary of state's	611
office.	612

The board may employ such assistants, inspectors,	613
investigators, and clerical help as are necessary to administer	614
and enforce ~~sections 4725.01 to 4725.34 of the Revised Code~~this	615
chapter, the expenses thereof to be charged and paid as other	616
expenditures of the board.	617

Sec. 4725.07. The state board of optometry shall adopt a	618
seal and certificate of suitable design and shall keep a record of	619
its proceedings, a register of persons who have received	620
certificates of licensure for the practice of optometry, a	621
register of licensed optometrists who have received topical ocular	622
pharmaceutical agents certificates, a register of licensed	623
optometrists who have received therapeutic pharmaceutical agents	624
certificates, and a register of persons who have been subject to	625
the board's revocation of any of those certificates.	626

The board shall have an office in Columbus, where all its	627
permanent records shall be kept. The board may make requisition	628
upon the proper state officials for office rooms and supplies,	629
including stationery and furniture. All printing and binding	630
necessary for the work of the board shall be done upon an order	631
issued by the board through its president and executive director	632
to the department of administrative services.	633

Except as provided in division (C) of section 4725.22 and	634
division (C) of section 4725.23 of the Revised Code, the records	635
of the board, including its registers, shall be open to public	636
inspection at all reasonable times. A copy of an entry in such	637
records, certified by the executive director under the seal of the	638
board, shall be prima-facie evidence of the facts therein stated.	639

The board annually, on or before the first day of February,	640
shall make a report to the governor of all its official acts	641
during the preceding year, its receipts and disbursements, and a	642
complete report of the conditions of optometry in this state.	643

Sec. 4725.13. (A) The state board of optometry, by an	644
affirmative vote of a majority of its members, shall issue	645
certificates under its seal as follows:	646

(1) Every applicant who, prior to May 19, 1992, passed the	647
licensing examination then in effect, and who otherwise complies	648
with sections 4725.01 to 4725.34 of the Revised Code shall receive	649
from the board a certificate of licensure authorizing the holder	650
to engage in the practice of optometry as provided in division	651
(A)(1) of section 4725.01 of the Revised Code.	652

(2) Every applicant who, prior to May 19, 1992, passed the	653
general and ocular pharmacology examination then in effect, and	654
who otherwise complies with sections 4725.01 to 4725.34 of the	655
Revised Code, shall receive from the board a separate topical	656
ocular pharmaceutical agents certificate authorizing the holder to	657
administer topical ocular pharmaceutical agents as provided in	658
division (A)(2) of section 4725.01 of the Revised Code and in	659
accordance with sections 4725.01 to 4725.34 of the Revised Code.	660

(3) Every applicant who holds a valid certificate of	661
licensure issued prior to May 19, 1992, and meets the requirements	662
of section 4725.14 of the Revised Code shall receive from the	663
board a separate therapeutic pharmaceutical agents certificate	664
authorizing the holder to engage in the practice of optometry as	665
provided in division (A)(3) of section 4725.01 of the Revised	666
Code.	667

(4) Every applicant who, on or after May 19, 1992, passes all	668
parts of the licensing examination accepted by the board under	669
section 4725.11 of the Revised Code and otherwise complies with	670
the requirements of sections 4725.01 to 4725.34 of the Revised	671
Code shall receive from the board a certificate of licensure	672
authorizing the holder to engage in the practice of optometry as	673
provided in division (A)(1) of section 4725.01 of the Revised Code	674
and a separate therapeutic pharmaceutical agents certificate	675
authorizing the holder to engage in the practice of optometry as	676
provided in division (A)(3) of that section.	677

(B) Each person to whom a certificate is issued pursuant to	678
this section by the board shall keep the certificate displayed in	679
a conspicuous place in the location at which that person practices	680
optometry and shall whenever required exhibit the certificate to	681
any member or agent of the board. If an optometrist practices	682
outside of or away from the location at which the optometrist's	683
certificate of licensure is displayed, the optometrist shall	684
deliver to each person examined or fitted with optical accessories	685
by the optometrist, a receipt signed by the optometrist in which	686
the optometrist shall set forth the amounts charged, the	687
optometrist's post-office address, and the number assigned to the	688
optometrist's certificate of licensure. The information may be	689
provided as part of a prescription given to the person.	690

(C) A person who, on May 19, 1992, holds a valid certificate	691
of licensure or topical ocular pharmaceutical agents certificate	692
issued by the board may continue to engage in the practice of	693
optometry as provided by the certificate of licensure or topical	694
ocular pharmaceutical agents certificate if the person continues	695
to comply with sections 4725.01 to 4725.34 of the Revised Code as	696
required by the certificate of licensure or topical ocular	697
pharmaceutical agents certificate.	698

Sec. 4725.16. (A) Each certificate of licensure for the	699
practice of optometry, topical ocular pharmaceutical agents	700
certificate, and therapeutic pharmaceutical agents certificate	701
issued by the state board of optometry shall expire annually on	702
the last day of December, and may be renewed in accordance with	703
this section and the standard renewal procedure established under	704
Chapter 4745. of the Revised Code.	705

An optometrist seeking to continue to practice optometry	706
shall file with the board an application for license renewal. The	707
application shall be in such form and require such pertinent	708
professional biographical data as the board may require.	709

(B) All licensed optometrists shall annually complete	710
continuing education in subjects relating to the practice of	711
optometry, to the end that the utilization and application of new	712
techniques, scientific and clinical advances, and the achievements	713
of research will assure comprehensive care to the public. The	714
board shall prescribe by rule the continuing optometric education	715
that licensed optometrists must complete. The length of study	716
shall be twenty-five clock hours each year, including ten clock	717
hours of instruction in pharmacology to be completed by all	718
licensed optometrists.	719

Unless the continuing education required under this division	720
is waived or deferred under division (D) of this section, the	721
continuing education must be completed during the twelve-month	722
period beginning on the first day of October and ending on the	723
last day of September. If the board receives notice from a	724
continuing education program indicating that an optometrist	725
completed the program after the last day of September, and the	726
optometrist wants to use the continuing education completed after	727
that day to renew the license that expires on the last day of	728
December of that year, the optometrist shall pay the penalty	729
specified under section 4725.34 of the Revised Code for late	730
completion of continuing education.	731

At least once annually, the board shall post on its web site	732
and shall mail, or send by electronic mail, to each licensed	733
optometrist a list of courses approved in accordance with	734
standards prescribed by board rule. Upon the request of a licensed	735
optometrist, the executive director of the board shall supply a	736
list of additional courses that the board has approved subsequent	737
to the most recent web site posting, electronic mail transmission,	738
or mailing of the list of approved courses.	739

(C)(1) Annually, not later than the first day of November,	740
the board shall mail or send by electronic mail a notice regarding	741
license renewal to each licensed optometrist who may be eligible	742
for renewal. The notice shall be sent to the optometrist's most	743
recent electronic mail or mailing address shown in the board's	744
records. If the board knows that the optometrist has completed the	745
required continuing optometric education for the year, the board	746
may include with the notice an application for license renewal.	747

(2) Filing a license renewal application with the board shall	748
serve as notice by the optometrist that the continuing optometric	749
education requirement has been successfully completed. If the	750
board finds that an optometrist has not completed the required	751
continuing optometric education, the board shall disapprove the	752
optometrist's application. The board's disapproval of renewal is	753
effective without a hearing, unless a hearing is requested	754
pursuant to Chapter 119. of the Revised Code.	755

(3) The board shall refuse to accept an application for	756
renewal from any applicant whose license is not in good standing	757
or who is under disciplinary review pursuant to section 4725.19 of	758
the Revised Code.	759

(4) Notice of an applicant's failure to qualify for renewal	760
shall be served upon the applicant by mail. The notice shall be	761
sent not later than the fifteenth day of November to the	762
applicant's last address shown in the board's records.	763

(D) In cases of certified illness or undue hardship, the	764
board may waive or defer for up to twelve months the requirement	765
of continuing optometric education, except that in such cases the	766
board may not waive or defer the continuing education in	767
pharmacology required to be completed by optometrists who hold	768
topical ocular pharmaceutical agents certificates or therapeutic	769
pharmaceutical agents certificates. The board shall waive the	770
requirement of continuing optometric education for any optometrist	771
who is serving on active duty in the armed forces of the United	772
States or a reserve component of the armed forces of the United	773
States, including the Ohio national guard or the national guard of	774
any other state or who has received an initial certificate of	775
licensure during the nine-month period which ended on the last day	776
of September.	777

(E) An optometrist whose renewal application has been	778
approved may renew each certificate held by paying to the	779
treasurer of state the fees for renewal specified under section	780
4725.34 of the Revised Code. On payment of all applicable fees,	781
the board shall issue a renewal of the optometrist's certificate	782
of licensure, topical ocular pharmaceutical agents certificate,	783
and therapeutic pharmaceutical agents certificate, as appropriate.	784

(F) Not later than the fifteenth day of December, the board	785
shall mail or send by electronic mail a second notice regarding	786
license renewal to each licensed optometrist who may be eligible	787
for renewal but did not respond to the notice sent under division	788
(C)(1) of this section. The notice shall be sent to the	789
optometrist's most recent electronic mail or mailing address shown	790
in the board's records. If an optometrist fails to file a renewal	791
application after the second notice is sent, the board shall send	792
a third notice regarding license renewal prior to any action under	793
division (I) of this section to classify the optometrist's	794
certificates as delinquent.	795

(G) The failure of an optometrist to apply for license	796
renewal or the failure to pay the applicable annual renewal fees	797
on or before the date of expiration, shall automatically work a	798
forfeiture of the optometrist's authority to practice optometry in	799
this state.	800

(H) The board shall accept renewal applications and renewal	801
fees that are submitted from the first day of January to the last	802
day of April of the year next succeeding the date of expiration.	803
An individual who submits such a late renewal application or fee	804
shall pay the late renewal fee specified in section 4725.34 of the	805
Revised Code.	806

(I)(1) If the certificates issued by the board to an	807
individual have expired and the individual has not filed a	808
complete application during the late renewal period, the	809
individual's certificates shall be classified in the board's	810
records as delinquent.	811

(2) Any optometrist subject to delinquent classification may	812
submit a written application to the board for reinstatement. For	813
reinstatement to occur, the applicant must meet all of the	814
following conditions:	815

(a) Submit to the board evidence of compliance with board	816
rules requiring continuing optometric education in a sufficient	817
number of hours to make up for any delinquent compliance;	818

(b) Pay the renewal fees for the year in which application	819
for reinstatement is made and the reinstatement fee specified	820
under division (A)(8) of section 4725.34 of the Revised Code;	821

(c) Pass all or part of the licensing examination accepted by	822
the board under section 4725.11 of the Revised Code as the board	823
considers appropriate to determine whether the application for	824
reinstatement should be approved;	825

(d) If the applicant has been practicing optometry in another	826
state or country, submit evidence that the applicant's license to	827
practice optometry in the other state or country is in good	828
standing.	829

(3) The board shall approve an application for reinstatement	830
if the conditions specified in division (I)(2) of this section are	831
met. An optometrist who receives reinstatement is subject to the	832
continuing education requirements specified under division (B) of	833
this section for the year in which reinstatement occurs.	834

Sec. 4725.19. (A) In accordance with Chapter 119. of the	835
Revised Code and by an affirmative vote of a majority of its	836
members, the state board of optometry, for any of the reasons	837
specified in division (B) of this section, shall refuse to grant a	838
certificate of licensure to practice optometry to an applicant and	839
may, with respect to a licensed optometrist, do one or more of the	840
following:	841

(1) Suspend the operation of any certificate of licensure,	842
topical ocular pharmaceutical agents certificate, or therapeutic	843
pharmaceutical agents certificate, or all certificates granted by	844
it to the optometrist;	845

(2) Permanently revoke any or all of the certificates;

846

(3) Limit or otherwise place restrictions on any or all of	847
the certificates;	848

(4) Reprimand the optometrist;

849

(5) Impose a monetary penalty. If the reason for which the	850
board is imposing the penalty involves a criminal offense that	851
carries a fine under the Revised Code, the penalty shall not	852
exceed the maximum fine that may be imposed for the criminal	853
offense. In any other case, the penalty imposed by the board shall	854
not exceed five hundred dollars.	855

(6) Require the optometrist to take corrective action	856
courses.	857

The amount and content of corrective action courses shall be	858
established by the board in rules adopted under section 4725.09 of	859
the Revised Code.	860

(B) The sanctions specified in division (A) of this section	861
may be taken by the board for any of the following reasons:	862

(1) Committing fraud in passing the licensing examination or	863
making false or purposely misleading statements in an application	864
for a certificate of licensure;	865

(2) Being at any time guilty of immorality, regardless of the	866
jurisdiction in which the act was committed;	867

(3) Being guilty of dishonesty or unprofessional conduct in	868
the practice of optometry;	869

(4) Being at any time guilty of a felony, regardless of the	870
jurisdiction in which the act was committed;	871

(5) Being at any time guilty of a misdemeanor committed in	872
the course of practice, regardless of the jurisdiction in which	873
the act was committed;	874

(6) Violating the conditions of any limitation or other	875
restriction placed by the board on any certificate issued by the	876
board;	877

(7) Engaging in the practice of optometry as provided in	878
division (A)(1), (2), or (3) of section 4725.01 of the Revised	879
Code when the certificate authorizing that practice is under	880
suspension, in which case the board shall permanently revoke the	881
certificate;	882

(8) Being denied a license to practice optometry in another	883
state or country or being subject to any other sanction by the	884
optometric licensing authority of another state or country, other	885
than sanctions imposed for the nonpayment of fees;	886

(9) Departing from or failing to conform to acceptable and	887
prevailing standards of care in the practice of optometry as	888
followed by similar practitioners under the same or similar	889
circumstances, regardless of whether actual injury to a patient is	890
established;	891

(10) Failing to maintain comprehensive patient records;

892

(11) Advertising a price of optical accessories, eye	893
examinations, or other products or services by any means that	894
would deceive or mislead the public;	895

(12) Being addicted to the use of alcohol, stimulants,	896
narcotics, or any other substance which impairs the intellect and	897
judgment to such an extent as to hinder or diminish the	898
performance of the duties included in the person's practice of	899
optometry;	900

(13) Engaging in the practice of optometry as provided in	901
division (A)(2) or (3) of section 4725.01 of the Revised Code	902
without authority to do so or, if authorized, in a manner	903
inconsistent with the authority granted;	904

(14) Failing to make a report to the board as required by	905
division (A) of section 4725.21 or section 4725.31 of the Revised	906
Code;	907

(15) Soliciting patients from door to door or establishing	908
temporary offices, in which case the board shall suspend all	909
certificates held by the optometrist;	910

(16) Except as provided in division (D) of this section:

911

(a) Waiving the payment of all or any part of a deductible or	912
copayment that a patient, pursuant to a health insurance or health	913
care policy, contract, or plan that covers optometric services,	914
would otherwise be required to pay if the waiver is used as an	915
enticement to a patient or group of patients to receive health	916
care services from that optometrist.	917

(b) Advertising that the optometrist will waive the payment	918
of all or any part of a deductible or copayment that a patient,	919
pursuant to a health insurance or health care policy, contract, or	920
plan that covers optometric services, would otherwise be required	921
to pay.	922

(C) Any person who is the holder of a certificate of	923
licensure, or who is an applicant for a certificate of licensure	924
against whom is preferred any charges, shall be furnished by the	925
board with a copy of the complaint and shall have a hearing before	926
the board in accordance with Chapter 119. of the Revised Code.	927

(D) Sanctions shall not be imposed under division (B)(16) of	928
this section against any optometrist who waives deductibles and	929
copayments:	930

(1) In compliance with the health benefit plan that expressly	931
allows such a practice. Waiver of the deductibles or copayments	932
shall be made only with the full knowledge and consent of the plan	933
purchaser, payer, and third-party administrator. Documentation of	934
the consent shall be made available to the board upon request.	935

(2) For professional services rendered to any other	936
optometrist licensed by the board, to the extent allowed by	937
sections 4725.01 to 4725.34 of the Revised Code and the rules of	938
the board.	939

Sec. 4725.20. On receipt of a notice pursuant to section	940
3123.43 of the Revised Code, the state board of optometry shall	941
comply with sections 3123.41 to 3123.50 of the Revised Code and	942
any applicable rules adopted under section 3123.63 of the Revised	943
Code with respect to aany license or certificate issued by the	944
board under this chapter.	945

Sec. 4725.34. (A) The state board of optometry shall charge	946
the following nonrefundable fees:	947

(1) One hundred thirty dollars for application for a	948
certificate of licensure to practice optometry;	949

(2) Forty-five dollars for application for a therapeutic	950
pharmaceutical agents certificate, except when the certificate is	951
to be issued pursuant to division (A)(3) of section 4725.13 of the	952
Revised Code, in which case the fee shall be thirty-five dollars;	953

(3) One hundred thirty dollars for renewal of a certificate	954
of licensure to practice optometry;	955

(4) Forty-five dollars for renewal of a topical ocular	956
pharmaceutical agents certificate;	957

(5) Forty-five dollars for renewal of a therapeutic	958
pharmaceutical agents certificate;	959

(6) One hundred twenty-five dollars for late completion or	960
submission, or both, of continuing optometric education;	961

(7) One hundred twenty-five dollars for late renewal of one	962
or more certificates that have expired;	963

(8) Seventy-five dollars for reinstatement of one or more	964
certificates classified as delinquent under section 4725.16 of the	965
Revised Code, multiplied by the number of years the one or more	966
certificates have been classified as delinquent;	967

(9) Seventy-five dollars for reinstatement of one or more	968
certificates placed on inactive status under section 4725.17 of	969
the Revised Code;	970

(10) Seventy-five dollars for reinstatement under section	971
4725.171 of the Revised Code of one or more expired certificates;	972

(11) Additional fees to cover administrative costs incurred	973
by the board, including fees for replacing licenses issued by the	974
board and providing rosters of currently licensed optometrists.	975
Such fees shall be established at a regular meeting of the board	976
and shall comply with any applicable guidelines or policies set by	977
the department of administrative services or the office of budget	978
and management.	979

(B) The board, subject to the approval of the controlling	980
board, may establish fees in excess of the amounts specified in	981
division (A) of this section if the fees do not exceed the amounts	982
specified by more than fifty per cent.	983

(C) All receipts of the board, from any source, shall be	984
deposited in the state treasury to the credit of the occupational	985
licensing and regulatory fund.	986

Sec. 4725.40. As used in sections 4725.40 to ~~4725.59~~4725.55	987
of the Revised Code:	988

(A) "Optical aid" means both of the following:

989

(1) Spectacles or other instruments or devices that are not	990
contact lenses, if the spectacles or other instruments or devices	991
may aid or correct human vision and have been prescribed by a	992
physician or optometrist licensed by any state;	993

(2) Contact lenses, regardless of whether they address visual	994
function, if they are designed to fit over the cornea of the eye	995
or are otherwise designed for use in or on the eye or orbit.	996

All contact lenses shall be dispensed only in accordance with	997
a valid written prescription designated for contact lenses,	998
including the following:	999

(a) Zero-powered plano contact lenses;

1000

(b) Cosmetic contact lenses;

1001

1002

(d) Any other contact devices determined by the ~~Ohio optical~~	1003
~~dispensers~~state board of optometry to be contact lenses.	1004

(B) "Optical dispensing" means interpreting but not altering	1005
a prescription of a licensed physician or optometrist and	1006
designing, adapting, fitting, or replacing the prescribed optical	1007
aids, pursuant to such prescription, to or for the intended	1008
wearer; duplicating lenses, other than contact lenses, accurately	1009
as to power without a prescription; and duplicating	1010
nonprescription eyewear and parts of eyewear. "Optical dispensing"	1011
does not include selecting frames, transacting a sale,	1012
transferring an optical aid to the wearer after an optician has	1013
completed fitting it, or providing instruction in the general care	1014
and use of an optical aid, including placement, removal, hygiene,	1015
or cleaning.	1016

(C) "Licensed dispensing optician" means a person holding a	1017
current, valid license issued under sections ~~4725.47~~4725.43 to	1018
~~4725.51~~4725.47 of the Revised Code that authorizes the person to	1019
engage in optical dispensing. Nothing in this chapter shall be	1020
construed to permit a licensed dispensing optician to alter the	1021
specifications of a prescription.	1022

(D) "Licensed spectacle dispensing optician" means a licensed	1023
dispensing optician authorized to engage in the dispensing of	1024
optical aids other than contact lenses.	1025

(E) "Licensed contact lens dispensing optician" means a	1026
licensed dispensing optician authorized to engage only in the	1027
dispensing of contact lenses.	1028

(F) "Licensed spectacle-contact lens dispensing optician"	1029
means a licensed dispensing optician authorized to engage in the	1030
dispensing of any optical aid.	1031

(G) "Apprentice" means any person dispensing optical aids	1032
under the direct supervision of a licensed dispensing optician.	1033

(H) "Prescription" means the written or verbal directions or	1034
instructions as specified by a physician or optometrist licensed	1035
by any state for preparing an optical aid for a patient.	1036

(I) "Supervision" means the provision of direction and	1037
control through personal inspection and evaluation of work.	1038

(J) "Licensed ocularist" means a person holding a current,	1039
valid license issued under sections ~~4725.48~~4725.43 to ~~4725.51~~	1040
4725.47 of the Revised Code to engage in the practice of	1041
designing, fabricating, and fitting artificial eyes or prostheses	1042
associated with the appearance or function of the human eye.	1043

Sec. 4725.41. ~~Beginning one year after March 22, 1979, no~~No	1044
person shall engage in optical dispensing or hold ~~himself~~self out	1045
as being engaged in optical dispensing~~, except as authorized under~~	1046
~~section 4725.47 of the Revised Code,~~ unless hethe person has	1047
fulfilled the requirements of sections ~~4725.48~~4725.43 to ~~4725.51~~	1048
4725.47 of the Revised Code and has been certified as a licensed	1049
dispensing optician by the ~~Ohio optical dispensers~~state board of	1050
optometry created under section 4725.03 of the Revised Code.	1051

No person shall engage in the designing, fabricating, and	1052
fitting of an artificial eye or of prostheses associated with the	1053
appearance or function of the human eye unless hethe person is	1054
licensed as an ocularist under to sections ~~4725.48~~4725.43 to	1055
~~4725.51~~4725.47 of the Revised Code.	1056

~~Sec. 4725.44.~~ Sec. 4725.42. (A) The ~~Ohio optical dispensers~~state	1057
board of optometry shall be responsible for the administration of	1058
sections 4725.40 to ~~4725.59~~4725.55 of the Revised Code and, in	1059
particular, shall process applications for licensure as licensed	1060
dispensing opticians and ocularists; schedule, administer, and	1061
supervise the qualifying examinations for licensure or contract	1062
with a testing service to schedule, administer, and supervise the	1063
qualifying examination for licensure; issue licenses to qualified	1064
individuals; revoke and suspend licenses; and maintain adequate	1065
records with respect to its operations and responsibilities.	1066

(B) The board shall adopt, amend, or rescind rules, pursuant	1067
to Chapter 119. of the Revised Code, for the licensure of	1068
dispensing opticians and ocularists, and such other rules as are	1069
required by or necessary to carry out the responsibilities imposed	1070
by sections 4725.40 to ~~4725.59~~4725.55 of the Revised Code,	1071
including rules establishing criminal records check requirements	1072
under section 4776.03 of the Revised Code and rules establishing	1073
disqualifying offenses for licensure as a dispensing optician or	1074
certification as an apprentice dispensing optician pursuant to	1075
sections ~~4725.48~~4725.43, ~~4725.52~~4725.48, ~~4725.53~~4725.49, and	1076
4776.10 of the Revised Code.	1077

(C) The board shall have no authority to adopt rules	1078
governing the employment of dispensing opticians, the location or	1079
number of optical stores, advertising of optical products or	1080
services, or the manner in which optical products can be	1081
displayed.	1082

~~Sec. 4725.48.~~ Sec. 4725.43. (A) Any person who desires to engage	1083
in optical dispensing~~, except as provided in section 4725.47 of~~	1084
~~the Revised Code,~~ shall file a properly completed written	1085
application for an examination with the ~~Ohio optical dispensers~~	1086
state board of optometry or with the testing service the board has	1087
contracted with pursuant to section ~~4725.49~~4725.44 of the Revised	1088
Code. The application for examination shall be made on a form	1089
provided by the board or testing service and shall be accompanied	1090
by an examination fee the board shall establish by rule.	1091
Applicants must return the application to the board or testing	1092
service at least sixty days prior to the date the examination is	1093
scheduled to be administered.	1094

(B) ~~Except as provided in section 4725.47 of the Revised~~	1095
~~Code, any~~Any person who desires to engage in optical dispensing	1096
shall file a properly completed written application for a license	1097
with the board with a licensure application fee of fifty dollars.	1098

No person shall be eligible to apply for a license under this	1099
division, unless the person is at least eighteen years of age, is	1100
free of contagious or infectious disease, has received a passing	1101
score, as determined by the board, on the examination administered	1102
under division (A) of this section, is a graduate of an accredited	1103
high school of any state, or has received an equivalent education	1104
and has successfully completed either of the following:	1105

(1) Two years of supervised experience under a licensed	1106
dispensing optician, optometrist, or physician engaged in the	1107
practice of ophthalmology, up to one year of which may be	1108
continuous experience of not less than thirty hours a week in an	1109
optical laboratory;	1110

(2) A two-year college level program in optical dispensing	1111
that has been approved by the board and that includes, but is not	1112
limited to, courses of study in mathematics, science, English,	1113
anatomy and physiology of the eye, applied optics, ophthalmic	1114
optics, measurement and inspection of lenses, lens grinding and	1115
edging, ophthalmic lens design, keratometry, and the fitting and	1116
adjusting of spectacle lenses and frames and contact lenses,	1117
including methods of fitting contact lenses and post-fitting care.	1118

(C) Any person who desires to obtain a license to practice as	1119
an ocularist shall file a properly completed written application	1120
with the board accompanied by the appropriate fee and proof that	1121
the applicant has met the requirements for licensure. The board	1122
shall establish, by rule, the application fee and the minimum	1123
requirements for licensure, including education, examination, or	1124
experience standards recognized by the board as national standards	1125
for ocularists. The board shall issue a license to practice as an	1126
ocularist to an applicant who satisfies the requirements of this	1127
division and rules adopted pursuant to this division.	1128

(D)(1) Subject to divisions (D)(2), (3), and (4) of this	1129
section, the board shall not adopt, maintain, renew, or enforce	1130
any rule that precludes an individual from receiving or renewing a	1131
license as a dispensing optician issued under sections 4725.40 to	1132
~~4725.59~~4725.55 of the Revised Code due to any past criminal	1133
activity or interpretation of moral character, unless the	1134
individual has committed a crime of moral turpitude or a	1135
disqualifying offense as those terms are defined in section	1136
4776.10 of the Revised Code. If the board denies an individual a	1137
license or license renewal, the reasons for such denial shall be	1138
put in writing.	1139

(2) Except as otherwise provided in this division, if an	1140
individual applying for a license has been convicted of or pleaded	1141
guilty to a misdemeanor that is not a crime of moral turpitude or	1142
a disqualifying offense less than one year prior to making the	1143
application, the board may use its discretion in granting or	1144
denying the individual a license. Except as otherwise provided in	1145
this division, if an individual applying for a license has been	1146
convicted of or pleaded guilty to a felony that is not a crime of	1147
moral turpitude or a disqualifying offense less than three years	1148
prior to making the application, the board may use its discretion	1149
in granting or denying the individual a license. The provisions in	1150
this paragraph do not apply with respect to any offense unless the	1151
board, prior to ~~the effective date of this amendment~~September 28,	1152
2012, was required or authorized to deny the application based on	1153
that offense.	1154

In all other circumstances, the board shall follow the	1155
procedures it adopts by rule that conform to division (D)(1) of	1156
this section.	1157

(3) In considering a renewal of an individual's license, the	1158
board shall not consider any conviction or plea of guilty prior to	1159
the initial licensing. However, the board may consider a	1160
conviction or plea of guilty if it occurred after the individual	1161
was initially licensed, or after the most recent license renewal.	1162

(4) The board may grant an individual a conditional license	1163
that lasts for one year. After the one-year period has expired,	1164
the license is no longer considered conditional, and the	1165
individual shall be considered fully licensed.	1166

(E) The board, subject to the approval of the controlling	1167
board, may establish examination fees in excess of the amount	1168
established by rule pursuant to this section, provided that the	1169
fees do not exceed the prior amount by more than fifty per cent.	1170

~~Sec. 4725.49.~~ Sec. 4725.44. (A) The ~~Ohio optical dispensers~~state	1171
board of optometry may provide for the examination of applicants	1172
by designing, preparing, and administering the qualifying	1173
examinations or by contracting with a testing service that is	1174
nationally recognized as being capable of determining competence	1175
to dispense optical aids as a licensed spectacle dispensing	1176
optician, a licensed contact lens dispensing optician, or a	1177
licensed spectacle-contact lens dispensing optician. Any	1178
examination used shall be designed to measure specific performance	1179
requirements, be professionally constructed and validated, and be	1180
independently and objectively administered and scored in order to	1181
determine the applicant's competence to dispense optical aids.	1182

(B) The board shall ensure that it, or the testing service it	1183
contracts with, does all of the following:	1184

(1) Provides public notice as to the date, time, and place	1185
for each examination at least ninety days prior to the	1186
examination;	1187

(2) Offers each qualifying examination at least twice each	1188
year in Columbus, except as provided in division (C) of this	1189
section;	1190

(3) Provides to each applicant all forms necessary to apply	1191
for examination;	1192

(4) Provides all materials and equipment necessary for the	1193
applicant to take the examination.	1194

(C) If the number of applicants for any qualifying	1195
examination is less than ten, the examination may be postponed.	1196
The board or testing service shall provide the applicant with	1197
written notification of the postponement and of the next date the	1198
examination is scheduled to be administered.	1199

(D) No limitation shall be placed upon the number of times	1200
that an applicant may repeat any qualifying examination, except	1201
that, if an applicant fails an examination for a third time, the	1202
board may require that the applicant, prior to retaking the	1203
examination, undergo additional study in the areas of the	1204
examination in which the applicant experienced difficulty.	1205

~~Sec. 4725.50.~~ Sec. 4725.45. (A) Except for a person who qualifies	1206
for licensure as an ocularist, each person who qualifies for	1207
licensure under sections 4725.40 to ~~4725.59~~4725.55 of the Revised	1208
Code shall receive from the ~~Ohio optical dispensers~~state board of	1209
optometry, under its seal, a certificate of licensure entitling	1210
the person to practice as a licensed spectacle dispensing	1211
optician, licensed contact lens dispensing optician, or a licensed	1212
spectacle-contact lens dispensing optician. The appropriate	1213
certificate of licensure shall be issued by the board no later	1214
than sixty days after it has notified the applicant of the	1215
applicant's approval for licensure.	1216

(B) Each licensed dispensing optician shall display the	1217
licensed dispensing optician's certificate of licensure in a	1218
conspicuous place in the licensed dispensing optician's office or	1219
place of business. If a licensed dispensing optician maintains	1220
more than one office or place of business, the licensed dispensing	1221
optician shall display a duplicate copy of such certificate at	1222
each location. The board shall issue duplicate copies of the	1223
appropriate certificate of licensure for this purpose upon the	1224
filing of an application form therefor and the payment of a	1225
five-dollar fee for each duplicate copy.	1226

~~Sec. 4725.501.~~ Sec. 4725.46. (A) As used in this section,	1227
"license" and "applicant for an initial license" have the same	1228
meanings as in section 4776.01 of the Revised Code, except that	1229
"license" as used in both of those terms refers to the types of	1230
authorizations otherwise issued or conferred under this chapter.	1231

(B) In addition to any other eligibility requirement set	1232
forth in this chapter, each applicant for an initial license shall	1233
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1234
~~Ohio optical dispensers~~state board of optometry shall not grant a	1235
license to an applicant for an initial license unless the	1236
applicant complies with sections 4776.01 to 4776.04 of the Revised	1237
Code and the board, in its discretion, decides that the results of	1238
the criminal records check do not make the applicant ineligible	1239
for a license issued pursuant to section ~~4725.50~~4725.45 or	1240
~~4725.57~~4725.53 of the Revised Code.	1241

~~Sec. 4725.51.~~ Sec. 4725.47. (A) Each license issued under sections	1242
4725.40 to ~~4725.59~~4725.55 of the Revised Code shall expire on the	1243
first day of January in the year after it was issued. Each person	1244
holding a valid, current license may apply to the ~~Ohio optical~~	1245
~~dispensers~~state board of optometry for the extension of the	1246
license under the standard renewal procedures of Chapter 4745. of	1247
the Revised Code. Each application for renewal shall be	1248
accompanied by a renewal fee the board shall establish by rule and	1249
shall contain evidence that the applicant has completed a	1250
continuing education program within the immediately preceding	1251
one-year period as follows:	1252

(1) Licensed spectacle dispensing opticians shall have	1253
pursued four hours of study in spectacle dispensing, approved by	1254
the board;	1255

(2) Licensed contact lens dispensing opticians shall have	1256
pursued eight hours of study in contact lens dispensing, approved	1257
by the board.	1258

(3) Licensed spectacle-contact lens dispensing opticians	1259
shall have pursued courses of study under divisions (A)(1) and (2)	1260
of this section.	1261

(4) Licensed ocularists shall have pursued courses of study	1262
as prescribed by rule of the board.	1263

(B) No person who fails to renew the person's license under	1264
division (A) of this section shall be required to take a	1265
qualifying examination under section ~~4725.48~~4725.43 of the	1266
Revised Code as a condition of renewal, provided that the	1267
application for renewal and proof of the requisite continuing	1268
education hours are submitted within ninety days from the date the	1269
license expired and the applicant pays the annual renewal fee and	1270
a penalty of seventy-five dollars. The board may provide, by rule,	1271
for an extension of the grace period for licensed dispensing	1272
opticians who are serving in the armed forces of the United States	1273
or a reserve component of the armed forces of the United States,	1274
including the Ohio national guard or the national guard of any	1275
other state and for waiver of the continuing education	1276
requirements or the penalty in cases of hardship or illness.	1277

(C) The board shall approve continuing education programs and	1278
shall adopt rules as necessary for approving the programs.	1279
Approved programs shall be scheduled, sponsored, and conducted in	1280
accordance with the board's rules.	1281

(D) Any license issued under former section 4725.47 of the	1282
Revised Code shall be renewed in accordance with this section.	1283

(E) The board, subject to the approval of the controlling	1284
board, may establish renewal fees in excess of the amount	1285
established by rule pursuant to this section, provided that the	1286
fees do not exceed the prior amount by more than fifty per cent.	1287

~~Sec. 4725.52.~~ Sec. 4725.48. Any licensed dispensing optician may	1288
supervise a maximum of three apprentices who shall be permitted to	1289
engage in optical dispensing only under the supervision of the	1290
licensed dispensing optician.	1291

To serve as an apprentice, a person shall register with the	1292
~~Ohio optical dispensers~~state board of optometry either on a form	1293
provided by the board or in the form of a statement giving the	1294
name and address of the supervising licensed dispensing optician,	1295
the location at which the apprentice will be employed, and any	1296
other information required by the board. For the duration of the	1297
apprenticeship, the apprentice shall register annually on the form	1298
provided by the board or in the form of a statement.	1299

Each apprentice shall pay an initial registration fee of	1300
twenty dollars. For each registration renewal thereafter, each	1301
apprentice shall pay a registration renewal fee of twenty dollars.	1302

The board shall not deny registration as an apprentice under	1303
this section to any individual based on the individual's past	1304
criminal history or an interpretation of moral character unless	1305
the individual has committed a disqualifying offense or crime of	1306
moral turpitude as those terms are defined in section 4776.10 of	1307
the Revised Code. Except as otherwise provided in this division,	1308
if an individual applying for a registration has been convicted of	1309
or pleaded guilty to a misdemeanor that is not a crime of moral	1310
turpitude or a disqualifying offense less than one year prior to	1311
making the application, the board may use its discretion in	1312
granting or denying the individual a registration. Except as	1313
otherwise provided in this division, if an individual applying for	1314
a registration has been convicted of or pleaded guilty to a felony	1315
that is not a crime of moral turpitude or a disqualifying offense	1316
less than three years prior to making the application, the board	1317
may use its discretion in granting or denying the individual a	1318
registration. The provisions in this paragraph do not apply with	1319
respect to any offense unless the board, prior to ~~the effective~~	1320
~~date of this amendment~~September 28, 2012, was required or	1321
authorized to deny the registration based on that offense.	1322

In all other circumstances, the board shall follow the	1323
procedures it adopts by rule that conform to this section. In	1324
considering a renewal of an individual's registration, the board	1325
shall not consider any conviction or plea of guilty prior to the	1326
initial registration. However, the board may consider a conviction	1327
or plea of guilty if it occurred after the individual was	1328
initially registered, or after the most recent registration	1329
renewal. If the board denies an individual for a registration or	1330
registration renewal, the reasons for such denial shall be put in	1331
writing. Additionally, the board may grant an individual a	1332
conditional registration that lasts for one year. After the	1333
one-year period has expired, the registration is no longer	1334
considered conditional, and the individual shall be considered	1335
fully registered.	1336

A person who is gaining experience under the supervision of a	1337
licensed optometrist or ophthalmologist that would qualify the	1338
person under division (B)(1) of section ~~4725.48~~4725.43 of the	1339
Revised Code to take the examination for optical dispensing is not	1340
required to register with the board.	1341

~~Sec. 4725.53.~~ Sec. 4725.49. (A) The ~~Ohio optical dispensers~~state	1342
board of optometry, by a majority vote of its members, may refuse	1343
to grant a license and, in accordance with Chapter 119. of the	1344
Revised Code, may suspend or revoke the license of a licensed	1345
dispensing optician or impose a fine or order restitution pursuant	1346
to division (B) of this section on any of the following grounds:	1347

(1) Conviction of a crime involving moral turpitude or a	1348
disqualifying offense as those terms are defined in section	1349
4776.10 of the Revised Code;	1350

(2) Obtaining or attempting to obtain a license by fraud or	1351
deception;	1352

(3) Obtaining any fee or making any sale of an optical aid by	1353
means of fraud or misrepresentation;	1354

(4) Habitual indulgence in the use of controlled substances	1355
or other habit-forming drugs, or in the use of alcoholic liquors	1356
to an extent that affects professional competency;	1357

(5) Finding by a court of competent jurisdiction that the	1358
applicant or licensee is incompetent by reason of mental illness	1359
and no subsequent finding by the court of competency;	1360

(6) Finding by a court of law that the licensee is guilty of	1361
incompetence or negligence in the dispensing of optical aids;	1362

(7) Knowingly permitting or employing a person whose license	1363
has been suspended or revoked or an unlicensed person to engage in	1364
optical dispensing;	1365

(8) Permitting another person to use the licensee's license;

1366

(9) Engaging in optical dispensing not pursuant to the	1367
prescription of a licensed physician or licensed optometrist, but	1368
nothing in this section shall prohibit the duplication or	1369
replacement of previously prepared optical aids, except contact	1370
lenses shall not be duplicated or replaced without a written	1371
prescription;	1372

(10) Violation of sections 4725.40 to ~~4725.59~~4725.55 of the	1373
Revised Code;	1374

(11) Waiving the payment of all or any part of a deductible	1375
or copayment that a patient, pursuant to a health insurance or	1376
health care policy, contract, or plan that covers optical	1377
dispensing services, would otherwise be required to pay if the	1378
waiver is used as an enticement to a patient or group of patients	1379
to receive health care services from that provider.	1380

(12) Advertising that the licensee will waive the payment of	1381
all or any part of a deductible or copayment that a patient,	1382
pursuant to a health insurance or health care policy, contract, or	1383
plan that covers optical dispensing services, would otherwise be	1384
required to pay.	1385

(B) The board may impose a fine of not more than five hundred	1386
dollars for a first occurrence of an action that is grounds for	1387
discipline under this section and of not less than five hundred	1388
nor more than one thousand dollars for a subsequent occurrence, or	1389
may order the licensee to make restitution to a person who has	1390
suffered a financial loss as a result of the licensee's failure to	1391
comply with sections 4725.40 to ~~4725.59~~4725.55 of the Revised	1392
Code.	1393

(C) Notwithstanding divisions (A)(11) and (12) of this	1394
section, sanctions shall not be imposed against any licensee who	1395
waives deductibles and copayments:	1396

(1) In compliance with the health benefit plan that expressly	1397
allows such a practice. Waiver of the deductibles or copays shall	1398
be made only with the full knowledge and consent of the plan	1399
purchaser, payer, and third-party administrator. Such consent	1400
shall be made available to the board upon request.	1401

(2) For professional services rendered to any other person	1402
licensed pursuant to this chapter to the extent allowed by this	1403
chapter and the rules of the board.	1404

~~Sec. 4725.54.~~ Sec. 4725.50. (A) Any person having knowledge of a	1405
violation of sections 4725.40 to ~~4725.59~~4725.55 of the Revised	1406
Code by a licensed dispensing optician or an apprentice, or of any	1407
other ground specified in section ~~4725.53~~4725.49 of the Revised	1408
Code for denying, suspending, or revoking a license, may submit a	1409
written complaint, specifying the precise violations or grounds,	1410
to the ~~Ohio optical dispensers~~state board of optometry. If the	1411
board determines, in accordance with the procedures of Chapter	1412
119. of the Revised Code, that the charges are sustained by the	1413
evidence presented, it may suspend or revoke the license of the	1414
person against whom the charges were preferred.	1415

(B) If the board discovers or is informed that any person is	1416
or has been engaged in optical dispensing without having received	1417
a license under sections 4725.40 to ~~4725.59~~4725.55 of the Revised	1418
Code, it shall inform the prosecuting attorney for the county in	1419
which the alleged unlicensed activity took place. The prosecuting	1420
attorney shall take all legal action necessary to terminate such	1421
illegal practice of optical dispensing and to prosecute the	1422
offender under section 4725.41 of the Revised Code.	1423

(C) In addition to other remedies provided in this chapter,	1424
the board may request the attorney general or the prosecuting	1425
attorney of a county in which a violation of sections 4725.40 to	1426
~~4725.59~~4725.55 of the Revised Code occurs to apply to the court	1427
of common pleas of the county for an injunction to restrain the	1428
activity that constitutes a violation.	1429

~~Sec. 4725.55.~~ Sec. 4725.51. No person shall do any of the	1430
following:	1431

(A) Sell or barter, or offer to sell or barter, a certificate	1432
of licensure as a dispensing optician issued under sections	1433
4725.40 to ~~4725.59~~4725.55 of the Revised Code;	1434

(B) Use, or attempt to use, a license which is illegally	1435
purchased or acquired under division (A) of this section, obtained	1436
by fraud or deception, counterfeited, materially altered or	1437
otherwise modified without prior approval of the ~~Ohio optical~~	1438
~~dispensers~~state board of optometry, or suspended or revoked under	1439
section ~~4725.53~~4725.49 or ~~4725.54~~4725.50 of the Revised Code;	1440

(C) Materially alter or otherwise modify a license in any	1441
manner, unless authorized by the ~~Ohio optical dispensers~~state	1442
board of optometry;	1443

(D) Willfully and knowingly make any false statement in an	1444
application required under sections 4725.40 to ~~4725.59~~4725.55 of	1445
the Revised Code.	1446

~~Sec. 4725.56.~~ Sec. 4725.52. No licensed dispensing optician, or	1447
employee or agent of a licensed dispensing optician shall pay or	1448
offer to pay a rebate or commission of any nature, or offer any	1449
other thing of value, to a licensed physician or licensed	1450
optometrist for referring patients to the licensed dispensing	1451
optician.	1452

~~Sec. 4725.57.~~ Sec. 4725.53. An applicant for licensure as a	1453
licensed dispensing optician who is licensed or registered in	1454
another state shall be accorded the full privileges of practice	1455
within this state, upon the payment of a fifty-dollar fee and the	1456
submission of a certified copy of the license or certificate	1457
issued by such other state, without the necessity of examination,	1458
if the board determines that the applicant meets the remaining	1459
requirements of division (B) of section ~~4725.48~~4725.43 of the	1460
Revised Code. The board may require that the applicant have	1461
received a passing score, as determined by the board, on an	1462
examination that is substantially the same as the examination	1463
described in division (A) of section ~~4725.48~~4725.43 of the	1464
Revised Code.	1465

~~Sec. 4725.58.~~ Sec. 4725.54. After each licensed contact lens	1466
dispensing optician has dispensed contact lenses pursuant to the	1467
written prescription of a licensed physician or a licensed	1468
optometrist, the licensee shall, in writing, immediately inform	1469
the patient to return back to the prescribing physician or	1470
optometrist for final evaluation.	1471

~~Sec. 4725.59.~~ Sec. 4725.55. (A) Sections 4725.40 to ~~4725.59~~	1472
4725.55 of the Revised Code do not apply to:	1473

(1) A physician authorized under Chapter 4731. of the Revised	1474
Code to practice medicine and surgery or osteopathic medicine and	1475
surgery, or to persons while in the employment and under the	1476
supervision of a physician at the physician's office;	1477

(2) An optometrist licensed under sections 4725.01 to 4725.34	1478
of the Revised Code, or to persons while in the employment and	1479
under the supervision of an optometrist at the optometrist's	1480
office.	1481

(B) Nothing in sections 4725.40 to ~~4725.59~~4725.55 of the	1482
Revised Code shall prevent or restrict any individual, firm, or	1483
corporation from employing or from engaging in optical dispensing	1484
through persons licensed or registered under such sections.	1485

~~Sec. 4725.61.~~ Sec. 4725.56. The state board of optometry ~~and the~~	1486
~~Ohio optical dispensers board~~ shall comply with section 4776.20 of	1487
the Revised Code.	1488

Sec. 4725.99. (A) Whoever violates section 4725.02 of the	1489
Revised Code shall be fined not more than five hundred dollars for	1490
a first offense; for each subsequent offense such person shall be	1491
fined not less than five hundred nor more than one thousand	1492
dollars, or imprisoned not less than six months nor more than one	1493
year.	1494

(B) Whoever violates section 4725.41 of the Revised Code is	1495
guilty of a misdemeanor of the second degree for a first offense,	1496
and a misdemeanor of the first degree for each subsequent offense.	1497

(C) Whoever violates section ~~4725.55~~4725.51 or ~~4725.56~~	1498
4725.52 of the Revised Code is guilty of a misdemeanor of the	1499
second degree.	1500

(D) Whoever violates division (A) of section 4725.21 of the	1501
Revised Code is guilty of a minor misdemeanor for a first offense;	1502
for each subsequent offense, such person is guilty of a	1503
misdemeanor of the second degree. Any violation constitutes a	1504
separate offense on each successive day continued.	1505

(E) Whoever violates section 4725.32 of the Revised Code is	1506
guilty of a misdemeanor of the third degree.	1507

(F) Whoever violates section 4725.22 of the Revised Code is	1508
guilty of a minor misdemeanor for a first offense; for each	1509
subsequent offense, such person shall be fined up to one thousand	1510
dollars.	1511

Sec. 4776.10. As used in Chapters 4713., 4738., 4740., 4747.,	1512
and 4749. and sections 4725.40 to ~~4725.59~~4725.55 of the Revised	1513
Code:	1514

(A) "Crime of moral turpitude" or "moral turpitude" means all	1515
of the following:	1516

(1) A violation of section 2903.01 or 2903.02 of the Revised	1517
Code;	1518

(2) A sexually oriented offense as defined in section 2950.01	1519
of the Revised Code;	1520

(3) An offense that is an offense of violence as defined in	1521
section 2901.01 of the Revised Code, if the offense is a felony of	1522
the first or second degree;	1523

(4) Complicity in committing an offense described in division	1524
(A)(1) of this section;	1525

(5) An attempt or conspiracy to commit or complicity in	1526
committing any offense described in division (A)(1), (2), (3), or	1527
(4) of this section if the attempt, conspiracy, or complicity is a	1528
felony of the first or second degree;	1529

(6) A violation of any former law of this state, any existing	1530
or former law applicable in a military court or in an Indian	1531
tribal court, or any existing or former law of any nation other	1532
than the United States that is or was substantially equivalent to	1533
any offense listed in division (A)(1), (2), (3), (4), or (5) of	1534
this section.	1535

(B) "Direct nexus" means that the nature of the offense for	1536
which the individual was convicted or to which the individual	1537
pleaded guilty has a direct bearing on the fitness or ability of	1538
the individual to perform one or more of the duties or	1539
responsibilities necessarily related to a particular occupation,	1540
profession, or trade.	1541

(C) "Disqualifying offense" means an offense that is a felony	1542
and that has a direct nexus to an individual's proposed or current	1543
field of licensure, certification, or employment.	1544

Sec. 5903.12. (A) As used in this section:

1545

(1) "Continuing education" means continuing education	1546
required of a licensee by law and includes, but is not limited to,	1547
the continuing education required of licensees under sections	1548
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,	1549
4725.16, ~~4725.51~~4725.47, 4730.14, 4730.49, 4731.281, 4734.25,	1550
4735.141, 4736.11, 4741.16, 4741.19, 4751.07, 4755.63, 4757.33,	1551
4759.06, 4761.06, and 4763.07 of the Revised Code.	1552

(2) "License" means a license, certificate, permit, or other	1553
authorization issued or conferred by a licensing agency under	1554
which a licensee may engage in a profession, occupation, or	1555
occupational activity.	1556

(3) "Licensee" means a person to whom all of the following	1557
apply:	1558

(a) The person has been issued a license by a licensing	1559
agency.	1560

(b) The person has been a member of the armed forces of the	1561
United States, the Ohio national guard, the Ohio military reserve,	1562
the Ohio naval militia, the national guard of any other state, or	1563
a reserve component of the armed forces of the United States.	1564

(c) The person has served on active duty, whether inside or	1565
outside the United States, for a period in excess of thirty-one	1566
days.	1567

(4) "Licensing agency" means any state department, division,	1568
board, commission, agency, or other state governmental unit	1569
authorized by the Revised Code to issue a license.	1570

(5) "Reporting period" means the period of time during which	1571
a licensee must complete the number of hours of continuing	1572
education required of the licensee by law.	1573

(B) A licensee may submit an application to a licensing	1574
agency, stating that the licensee requires an extension of the	1575
current reporting period because the licensee has served on active	1576
duty as described in division (A)(3)(c) of this section during the	1577
current or a prior reporting period. The licensee shall submit	1578
proper documentation certifying the active duty service and the	1579
length of that active duty service. Upon receiving the application	1580
and proper documentation, the licensing agency shall extend the	1581
current reporting period by an amount of time equal to the total	1582
number of months that the licensee spent on active duty during the	1583
current reporting period. For purposes of this division, any	1584
portion of a month served on active duty shall be considered one	1585
full month.	1586

Section 2. That existing sections 109.572, 125.22, 4725.03,	1587
4725.05, 4725.07, 4725.13, 4725.16, 4725.19, 4725.20, 4725.34,	1588
4725.40, 4725.41, 4725.44, 4725.48, 4725.49, 4725.50, 4725.501,	1589
4725.51, 4725.52, 4725.53, 4725.54, 4725.55, 4725.57, 4725.59,	1590
4725.61, 4725.99, 4776.10, and 5903.12 and sections 4725.42,	1591
4725.43, 4725.45, 4725.46, 4725.47, and 4725.531 of the Revised	1592
Code are hereby repealed.	1593

Section 3. (A) The Ohio Optical Dispensers Board shall be	1594
abolished on the effective date of this act. The winding up of	1595
affairs of the Board shall be completed in accordance with section	1596
126.29 of the Revised Code.	1597

(B) Within thirty days after the effective date of this act,	1598
the Governor shall appoint, as additional members of the State	1599
Board of Optometry, all of the following:	1600

(1) One person who has been actively engaged as an	1601
optometrist for five years preceding appointment;	1602

(2) One of the contact lens dispensing opticians who served	1603
on the former Ohio Optical Dispensers Board existing on the day	1604
prior to the effective date of this act;	1605

(3) One of the spectacle dispensing opticians who served on	1606
the former Ohio Optical Dispensers Board existing on the day prior	1607
to the effective date of this act.	1608

The Governor shall establish staggered terms for the initial	1609
terms of office for the new members of the State Board of	1610
Optometry appointed pursuant to this section. After the expiration	1611
of the initial terms, all terms of office shall be for five years	1612
in accordance with section 4725.03 of the Revised Code, as amended	1613
by this act.	1614

Section 4. All rules, orders, and determinations made or	1615
undertaken pursuant to the authority and responsibilities of the	1616
Ohio Optical Dispensers Board shall continue in effect as rules,	1617
orders, and determinations of the State Board of Optometry until	1618
modified or rescinded by the State Board of Optometry. If	1619
necessary to ensure the integrity of the numbering system of the	1620
Administrative Code, the Director of the Legislative Service	1621
Commission shall renumber the rules relating to the Ohio Optical	1622
Dispensers Board to reflect the transfer of authority and	1623
responsibility of the State Board of Optometry.	1624

Section 5. Licenses issued by the Ohio Optical Dispensers	1625
Board in effect on the effective date of this act shall be valid	1626
for the regular life of the license. Any renewal of the license	1627
shall be issued by the State Board of Optometry pursuant to	1628
section 4725.51 (4725.47) of the Revised Code, as amended by this	1629
act.	1630

Section 6. Section 4725.16 of the Revised Code is presented	1631
in this act as a composite of the section as amended by both Am.	1632
Sub. H.B. 59 and Am. Sub. H.B. 98 of the 130th General Assembly.	1633
The General Assembly, applying the principle stated in division	1634
(B) of section 1.52 of the Revised Code that amendments are to be	1635
harmonized if reasonably capable of simultaneous operation, finds	1636
that the composite is the resulting version of the section in	1637
effect prior to the effective date of the section as presented in	1638
this act.	1639