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(122nd General Assembly)(Amended Substitute House Bill Number 553)
AN ACT
To amend sections
4725.01, 4725.02, 4725.03, 4725.04, 4725.05, 4725.06, 4725.07,
4725.08, 4725.09, 4725.091, 4725.10, 4725.11, 4725.111,
4725.112, 4725.113, 4725.114, 4725.12, 4725.13, 4725.14,
4725.15, 4725.16, 4725.17, 4725.18, 4725.21, 4725.59, 4725.60,
4725.99, 4729.29, 4729.51, 4729.60, 4731.44, and 5903.12; to amend, for
the purpose of adopting new section numbers as indicated in
parentheses, sections 4725.08 (4725.12), 4725.09 (4725.13),
4725.091 (4725.14), 4725.10 (4725.16), 4725.11 (4725.19),
4725.111 (4725.21), 4725.112 (4725.31), 4725.113 (4725.22),
4725.114 (4725.33), 4725.12 (4725.18), 4725.13 (4725.25),
4725.14 (4725.26), 4725.15 (4725.34), 4725.16 (4725.27), 4725.17
(4725.28), 4725.18 (4725.30), 4725.21 (4725.32), and 4725.60
(4725.20); and to enact new sections 4725.08, 4725.09, 4725.10,
4725.11, 4725.15, and 4725.17 and sections 4725.23, 4725.24,
4725.29, and 4725.531
of the
Revised Code to revise the laws pertaining to the powers and duties of the
State Board of Optometry.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections
4725.01, 4725.02, 4725.03, 4725.04, 4725.05, 4725.06, 4725.07,
4725.08, 4725.09, 4725.091, 4725.10, 4725.11, 4725.111,
4725.112, 4725.113, 4725.114, 4725.12, 4725.13, 4725.14,
4725.15, 4725.16, 4725.17, 4725.18, 4725.21, 4725.59, 4725.60,
4725.99, 4729.29, 4729.51, 4729.60, 4731.44, and 5903.12 be amended;
sections 4725.08 (4725.12), 4725.09 (4725.13), 4725.091
(4725.14), 4725.10 (4725.16), 4725.11 (4725.19), 4725.111
(4725.21), 4725.112 (4725.31), 4725.113 (4725.22), 4725.114
(4725.33), 4725.12 (4725.18), 4725.13 (4725.25), 4725.14
(4725.26), 4725.15 (4725.34), 4725.16 (4725.27), 4725.17
(4725.28), 4725.18 (4725.30), 4725.21 (4725.32), and 4725.60
(4725.20) be amended for the purpose of adopting new section
numbers as indicated in parentheses; and new sections 4725.08,
4725.09, 4725.10, 4725.11, 4725.15, and 4725.17 and sections
4725.23, 4725.24, 4725.29, and 4725.531 of the Revised Code be
enacted
to read as follows:
Sec. 4725.01. As used in this chapter: (A)(1) The "practice of optometry" means the application
of optical principles, through technical methods and devices, in
the examination of human eyes for the purpose of ascertaining
departures from the normal, measuring their functional powers,
adapting optical accessories for the aid thereof, and detecting
ocular abnormalities that may be evidence of disease, pathology,
or injury. (2) In the case of a licensed optometrist who holds a
topical ocular pharmaceutical agents certificate, the "practice
of optometry" has the same meaning as in division (A)(1) of this
section, except that it also includes administering topical
ocular pharmaceutical agents for the purposes set forth in
division (A)(1) of this section. (3) In the case of a licensed optometrist who holds a
therapeutic pharmaceutical agents certificate, the "practice of
optometry" has the same meaning as in divisions (A)(1) and (2) of
this section, except that it also includes employing, applying,
administering, and prescribing instruments, devices, procedures
other than invasive procedures, and therapeutic pharmaceutical
agents for the following purposes: (a) Examination, investigation, diagnosis, or prevention
of any disease, injury, or other abnormal condition of the visual
system; (b) Treatment or cure of any disease, injury, or other
abnormal condition of the anterior segment of the human eye. (B) "Topical ocular pharmaceutical agents" means: (1) Proparacaine hydrochloride in a potency not exceeding
five-tenths of one per cent ophthalmic solution; (2) Benoxinate hydrochloride in a potency not exceeding
four-tenths of one per cent ophthalmic solution; (3) Phenylephrine hydrochloride in a potency not exceeding
two and five-tenths per cent ophthalmic solution; (4) Hydroxyamphetamine hydrobromide in a potency not
exceeding one per cent ophthalmic solution; (5) Tropicamide in a potency not exceeding one per cent
ophthalmic solution; (6) Cyclopentolate in a potency not exceeding one per cent
ophthalmic solution; (7) Any other topical ocular pharmaceutical agents if the
primary indications for their use are consistent with the
purposes set forth in division (A)(1) of this section, their new
drug application is approved by and the potency in which they may
be used for evaluative purposes has been established by the
federal food and drug administration after January 1, 1983, and
their use for the purposes set forth in division (A)(1) of this
section has been approved by rule of the state board of
optometry. (C) "Therapeutic pharmaceutical agent" means a topical
ocular pharmaceutical agent or any of the following drugs or
dangerous drugs, as defined in section 4729.01 of the
Revised
Code, that is used for examination, investigation, diagnosis, or
prevention of disease, injury, or other abnormal condition of the
visual system or for treatment or cure of disease, injury, or
other abnormal condition of the anterior segment of the human eye
and is an anti-microbial, anti-allergy, anti-glaucoma, topical
anti-inflammatory, or cycloplegic agent, or an analgesic: (1) A topical ophthalmic preparation; (2) Oral dosage of any of the following drugs: (a) Acetazolamide; (b) Astemizole; (c) Dichlorphenamide; (d) Diphenhydramine; (e) Glycerin in a fifty per cent solution; (f) Isosorbide in a forty-five per cent solution; (g) Methazolamide; (h) Analgesics that may be legally sold without
prescription; (i) Terfenadine; (j) Ampicillin in a two hundred fifty milligram or five
hundred milligram dosage; (k) Cefaclor in a two hundred fifty milligram or five
hundred milligram dosage; (l) Cephalexin in a two hundred fifty milligram or five
hundred milligram dosage; (m) Dicloxacillin in a two hundred fifty milligram or five
hundred milligram dosage; (n) Doxycycline in a fifty milligram or one hundred
milligram dosage; (o) Erythromycin in a two hundred fifty milligram, three
hundred and thirty-three milligram, or five hundred milligram
dosage; (p) Penicillin VK in a two hundred fifty milligram or five
hundred milligram dosage; (q) Tetracycline in a two hundred fifty milligram or five
hundred milligram dosage. (3) Any other oral dosage of a drug or dangerous drug that
is listed by rule adopted by the state board of optometry under
section 4725.04 4725.09 of the Revised Code. (D) "Drug" and "dangerous drug" have the same meanings as in
section 4729.01 Of the Revised Code. (E) "Invasive procedure" means any procedure that involves
cutting or otherwise infiltrating human tissue by mechanical
means including surgery, laser surgery, ionizing radiation,
therapeutic ultrasound, administering medication by injection, or
the removal of intraocular foreign bodies. (E)(F) "Visual system" means the human eye and its accessory
or subordinate anatomical parts.
(F)(G) "Certificate of licensure" means a certificate issued
by the state board of optometry under section 4725.09 4725.13 of
the
Revised Code authorizing the holder to practice optometry as
provided in division (A)(1) of this section.
(G)(H) "Topical ocular pharmaceutical agents certificate"
means a certificate issued by the state board of optometry under
section 4725.09 4725.13 of the Revised Code authorizing the
holder to
practice optometry as provided in division (A)(2) of this
section.
(H)(I) "Therapeutic pharmaceutical agents certificate" means
a certificate issued by the state board of optometry under
division (A)(3) or (4) of section 4725.09 4725.13 of the
Revised Code
authorizing the holder to practice optometry as provided in
division (A)(3) of this section.
Sec. 4725.02. (A) No Except as provided in section 4725.26 Of the Revised Code,
no person shall engage in the practice
of optometry or hold himself out as a practitioner of
optometry,
or attempt to determine, including the determination of the
kind of glasses procedure, treatment, or optical accessories
needed by any a person,
or hold himself out as a licensed optometrist when not so
licensed, or hold himself
out as able to examine the examination of the eyes
of any
person for the purpose of fitting the same with glasses,
excepting those exempted under section 4725.14 of the Revised
Code optical accessories, unless he has first fulfilled the
requirements
of sections
4725.01 to 4725.21 of the Revised Code, and has received the person
holds a current, valid
certificate of licensure from the state board of optometry. No
person shall represent that he is claim to be the lawful holder
of a
certificate of licensure such as is provided for in those
sections, when in fact he the person is not such lawful
holder,
or
impersonate any licensed practitioner of optometry optometrist. (B) No optometrist shall administer topical ocular
pharmaceutical agents unless he the optometrist holds a valid
topical ocular
pharmaceutical agents certificate or therapeutic pharmaceutical
agents certificate and fulfills the other requirements of this
chapter. (C) No optometrist shall practice optometry as described
in division (A)(3) of section 4725.01 of the Revised Code unless
he the optometrist holds a valid therapeutic pharmaceutical
agents certificate. (D)(1) As used in this division, "dispense" has the same
meaning as in section 3719.01 of the Revised Code. (2) No optometrist shall dispense personally furnish a
therapeutic
pharmaceutical agent to any person, except that a licensed
optometrist who holds a therapeutic pharmaceutical agents
certificate may dispense personally furnish a therapeutic
pharmaceutical agent to a
patient if no charge is imposed for the therapeutic
pharmaceutical agent or for dispensing furnishing it and the
amount
dispensed FURNISHED does not exceed a seventy-two hour supply, except
that
if the minimum available quantity for dispensing of the agent is
greater than
a seventy-two hour supply, the optometrist may dispense furnish
the
minimum available quantity.
(E)(1) As used in this division:
(a) "Regional advertisement" means an advertisement
published in more than one standard metropolitan statistical area
in this state or broadcast by radio or television stations in
more than one standard metropolitan statistical area in this
state.
(b) "National advertisement" means an advertisement
published in one or more periodicals or broadcast by one or more
radio or television stations in this state and also published in
one or more periodicals or broadcast by one or more radio or
television stations in another state.
(2) The board shall not require any person that sells
optical goods at more than one location to list in any regional
or national advertisement the name of the licensed optometrist
practicing at a specific location, provided that in addition to
the requirement in division (B) of section 4725.09 of the Revised
Code, the name of the optometrist is prominently displayed at
such location.
Sec. 4725.03. The governor, with the advice and consent of
the senate, shall appoint a state board of optometry consisting
of six nonmedical citizens residents of this state, five of whom
shall be
persons actually engaged in the practice of optometry for five
years preceding appointment and one of whom shall be a member of
the public at least sixty years of age. Terms of office shall be
five years, commencing on the twenty-sixth day of September and
ending on the twenty-fifth day of September. Each member shall
hold office from the date of his appointment until the end of the
term for which he was appointed. Any member appointed to fill a
vacancy occurring prior to the expiration of the term for which
his the member's predecessor was appointed shall hold office for
the remainder
of such the term. Any A member shall continue in
office subsequent to
the expiration date of his the member's term until his
the member's successor takes office,
or until a period of sixty days has elapsed, whichever occurs
first. No No person so appointed shall serve as a member for more
than two terms.
Sec. 4725.04. The state board of optometry shall organize
by the election of a president and a secretary from its members,
who shall hold their respective offices for one year. It The board shall hold regular meetings for
examination to perform its regular duties at least
twice four times each year, and additional meetings at such
times and places
as it determines. At least one meeting of the board's regular
meetings shall be held in
Columbus. The board may hold additional meetings as it considers
necessary. The time and place of any examination regular or
other meeting shall be fixed
and published by the board at least sixty thirty days prior to
the date
that it is to be held, except when the meeting to be held is an
emergency or special meeting, in which case the board shall give twenty-four
hours' notice or as much notice as possible under the circumstances.
A majority of the board constitutes a quorum, but a lesser
number may adjourn from time to time. The board shall make rules governing the practice of
optometry and such other rules as are necessary to carry out
sections 4725.01 to 4725.21 of the Revised Code. Concurrence of
a majority of the members of the board is required to grant or to
revoke a license.
In accordance with Chapter 119. of the Revised Code, the
board, in consultation with the state board of pharmacy, shall
adopt a rule specifying oral dosages of drugs or dangerous drugs
that are therapeutic pharmaceutical agents under division (C)(3)
of section 4725.01 of the Revised Code.
Sec. 4725.05. The state board of optometry shall employ an executive
director. Before entering upon the discharge of the
official
duties of his office, the secretary of the state board of
optometry executive director shall give a bond, to be approved by
the board, in the
sum of two thousand dollars conditioned for the faithful
discharge of the duties of his the office. The
premium for such bond
shall be paid as are other expenditures of the board. Such The
bond,
with the approval of the board and oath of office indorsed
thereon, shall be deposited with the secretary of state and kept
in his the secretary of state's office. The board may employ such assistants, inspectors,
investigators, and clerical help as are necessary to administer
and enforce sections 4725.01 to 4725.21 4725.34 of the Revised
Code, the
expenses thereof to be charged and paid as other expenditures of
the board. All receipts of the state board of optometry, from any
source, shall be deposited in the state treasury to the credit of
the occupational licensing and regulatory fund.
Sec. 4725.06. Each member of the state board of optometry shall receive an
amount fixed pursuant to division (J) of section 124.15 of the Revised Code
for each day actually employed in the discharge of the official
duties of the member, and the necessary expenses of the member. The secretary executive director of the board shall receive
reimbursement for
necessary expenses incurred by the secretary in the
discharge of the secretary's executive director's official
duties. All vouchers of the board shall be approved by the board
president or executive secretary director, or both, as
authorized by the board. Sec. 4725.07. The state board of optometry shall adopt a
seal and certificate of suitable design and shall keep a record
of its proceedings, a register of persons who have received
certificates of licensure, a register of licensed optometrists
who have received topical ocular pharmaceutical agents
certificates, a register of licensed optometrists who have
received therapeutic pharmaceutical agents certificates, and a
register of licenses and persons who have been subject to the
board's revocation of any of those certificates it revokes. The board shall have an office at in Columbus, where
examinations may be held and where all its permanent records
shall be kept. The board may make requisition upon the proper
state officials for office rooms and supplies, including
stationery and furniture. All printing and binding necessary for
the work of the board shall be done upon an order issued by the
board through its president and secretary executive director to
the department of
administrative services. The Except as provided in division (C) of section 4725.22
and division (C) of section 4725.23 Of the Revised Code, the records of the
board, including its registers, shall be open to public
inspection
at all reasonable times, and it shall keep on file all
examination papers for a period of ninety days after each
examination. A transcript copy of an entry in such records,
certified
by the secretary executive director under the seal of the board,
shall be
prima-facie evidence of the facts therein stated.
The board annually, on or before the first day of February,
shall make a report to the governor of all its official acts
during the preceding year, its receipts and disbursements, and a
complete report of the conditions of optometry in this state. Sec. 4725.08. In the absence of fraud or bad faith,
the state board of optometry, a current or former board member, an agent of
the
board,
a person formally requested by the board to be the board's representative,
or an employee of the board
shall not be held
liable in
damages to any person as the result of any act, omission,
proceeding, conduct, or decision related to official duties
undertaken or performed pursuant to sections 4725.01 to 4725.34 Of the Revised Code. If
any such person asks to be defended
by the
state against any claim or action arising out of
any act, omission, proceeding, conduct, or decision related to
the person's official duties, and if the request is made in
writing at a reasonable time before trial and the person
requesting defense cooperates in good faith in the defense of the
claim or action, the state shall provide and pay for the person's defense
and shall pay any resulting judgment, compromise, or
settlement. At no time shall the state pay any part of a claim
or judgment that is for punitive or exemplary damages. Sec. 4725.09. (A) The state board of optometry shall
adopt rules as it considers necessary to govern the practice of
optometry and to administer and enforce sections 4725.01 to
4725.34 of the Revised Code. All rules adopted
under sections 4725.01 to 4725.34 of the Revised
Code shall be adopted in accordance with Chapter
119. of the Revised Code. (B) The board, in consultation with the state board of
pharmacy, shall adopt rules specifying oral dosages of drugs or
dangerous drugs that are therapeutic pharmaceutical agents under
division (C)(3) of section 4725.01 of the Revised
Code. Sec. 4725.10. (A) The
state
board of optometry
shall evaluate schools of optometry and grant its approval to
schools that adequately prepare their graduates for the
practice of optometry in this state. Approval shall be granted
only by an affirmative vote of a majority of the members of the
board. (B) To be approved by the board,
a school of
optometry
shall meet at least the following conditions: (1) Be accredited by a professional optometric accrediting
agency recognized by the board; (2) Require as a prerequisite to admission to the school's
courses in optometry
at least two academic years of study with
credits of at least sixty semester hours or ninety quarter hours
in a college of arts and sciences accredited by
a post-secondary education accrediting organization recognized
by the board; (3) Require a course of study of at least four academic years with
credits of at least one hundred thirty-four semester hours or two
hundred quarter hours. (C) The board may establish
standards for the approval of schools of optometry
that are higher than the standards specified in division
(B) of this section. Sec. 4725.11. (A) The state board of optometry shall
accept as the examination that must be passed to receive a
license to practice optometry in this state the examination
prepared, administered, and graded by the national board of
examiners in optometry or an examination prepared, administered,
and graded by another professional testing organization
recognized by the board as being qualified to examine applicants
for licenses to practice optometry in this state. The board
shall periodically review its acceptance of a licensing examination under
this section to determine if the examination and the
organization offering it continue to meet standards the
board considers appropriate. (B) The licensing examination accepted by the board under this
section may be
divided into parts and offered as follows: (1) Part one: Tests in
BASIC SCIENCE, HUMAN BIOLOGY, OCULAR AND VISUAL BIOLOGY,
THEORETICAL OPHTHALMIC, PHYSIOLOGICAL OPTICS, AND PHYSIOLOGICAL
PSYCHOLOGY; (2) PART TWO: TESTS
IN CLINICAL SCIENCE, SYSTEMIC CONDITIONS, THE TREATMENT AND
MANAGEMENT OF OCULAR DISEASE, REFRACTIVE OCULOMOTOR, SENSORY
INTEGRATIVE CONDITIONS, PERCEPTUAL CONDITIONS, PUBLIC HEALTH,
THE LEGAL ISSUES REGARDING THE CLINICAL PRACTICE OF OPTOMETRY,
AND PHARMACOLOGY; (3) PART THREE: TESTS IN PATIENT CARE AND
MANAGEMENT, CLINICAL SKILLS, AND THE VISUAL RECOGNITION AND
INTERPRETATION OF CLINICAL SIGNS. (C) The licensing examination accepted by the board
may be offered in a manner other than the manner
specified in division (B) of this section, but if offered
in another manner, the examination must test the person sitting
for the examination in the areas specified in
division (B) of this section and may test the person in other areas. The board may require as a condition of its acceptance of an
examination that the examination cover subject matters in
addition to those specified in division (B) of this
section, if the schools of optometry it approves under section
4725.10 of the Revised Code include the additional
subject matters in their prescribed curriculum. (D) The board shall accept direct delivery of the
results of the licensing examination from the testing
organization administering the examination. The results shall
be kept as a permanent part of the board's records maintained
pursuant to section 4725.07 of the Revised Code. (E) On request of any person seeking to practice
optometry in this state, the board shall provide information on
the licensing examination accepted by the board,
including requirements that must be met to be eligible to sit
for the examination and the dates the examination is offered. Sec. 4725.08 4725.12. (A) Each person who desires to
commence the
practice of optometry in the state shall file with the secretary
executive director of the state
board of optometry a written application for the licensing
examination. Each A certificate of licensure and a therapeutic pharmaceutical
agents certificate. The application for the licensing examination
shall be
accompanied by the fee required fees specified under section
4725.10 4725.34 of the
Revised Code and shall be filed with the secretary not more than
sixty nor less than thirty days prior to the day of any meeting
at which the applicable examination is to be held.
Each contain all information the board considers necessary to
determine whether an applicant is qualified to receive the certificates.
The application for the licensing examination shall be
made upon the form prescribed by the board and shall be verified by
the oath of the applicant. In addition, it shall contain
information and evidence satisfactory to the board showing the
eligibility of the applicant to take the examination.
(B) No person is eligible to take the licensing
examination unless he is To receive a certificate of licensure and a
therapeutic pharmaceutical agents certificate, an applicant must meet all of
the following conditions: (1) Be at least eighteen years of
age,; (2) Be of good
moral character, has; (3) Complete satisfactorily completed a course of study
of at least six college years, and has graduated; (4) Graduate from a school of
optometry accredited approved by the board under section
4725.10 Of the Revised Code; provided that the school of
optometry requires at least two academic years of study with
credits of at least sixty semester hours or ninety quarter hours
in a college of arts and sciences accredited by the association
of American universities or the north central association of
colleges and secondary schools or a similar regional accrediting
agency as a prerequisite to admission to the courses in
optometry; and additionally provided that the school of optometry
requires a course of study of at least four academic years with
credits of at least one hundred thirty-four semester hours or two
hundred quarter hours. No school of optometry shall be
accredited unless it is accredited by the established
professional optometric accrediting agency, and no school of
optometry shall be accredited except by an affirmative vote of a
majority of the members of the board. The board may require
higher standards for the accrediting of the schools of optometry. The (5) Pass the licensing examination shall
consist
of two
parts accepted by the board under section 4725.11 Of the Revised Code. Part
one of the examination shall consist of tests in practical,
theoretical, and physiological optics, in theoretical and
practical optometry, in the anatomy and physiology of the eye, in
pathology, and in the optometric aspects of whatever additional
related social, physical, and biological sciences are determined
by the board to be appropriate subject matters for examination,
provided that the schools and colleges approved by the board
include such subject matters in the prescribed curriculum. Part
two of the examination shall be a pharmacology examination and
shall test the applicant's knowledge derived from the course of
study prescribed under division (C) of this section.
The licensing examination shall be prepared, administered,
and graded by the national board of examiners in optometry or a
professionally qualified testing organization recognized by the
state board of optometry.
(C) The state board of optometry shall prescribe by rule
an eighty-seven clock-hour course of study and training to be
completed at an institution accredited by a regional or
professional accreditation organization that is recognized or
approved by the council on post-secondary accreditation or the
United States department of education or its successor. The
course of study and training shall include, but is not limited
to, instruction in general and ocular pharmacology, including the
nature of adverse reactions caused by pharmaceutical agents and
emergency steps to be taken in such cases; signs, symptoms, and
treatment of ocular disease, injury, or abnormality; ocular signs
and symptoms of systemic disease; appropriate criteria for
referrals to physicians; and cardiopulmonary resuscitation.
(D) No person shall be permitted by the board to take more
than four licensing examinations.
Sec. 4725.09 4725.13. (A) The state board of
optometry, by an affirmative vote of a majority of its
members, shall
issue certificates under its seal as provided in this division
follows: (1) Every applicant who, prior to the effective date of
this amendment MAY 19, 1992, passed the
licensing examination
then in effect, and who otherwise complies with sections 4725.01
to 4725.21 4725.34 of the Revised Code shall receive from the
board a
certificate of licensure authorizing him the holder to engage
in the
practice of optometry as provided in division (A)(1) of section
4725.01 of the Revised Code. (2) Every applicant who, prior to the effective date of
this amendment MAY 19, 1992, passed the general
and ocular
pharmacology examination then in effect, and who otherwise
complies with sections 4725.01 to 4725.21 4725.34 of the
Revised Code,
shall receive from the board a separate topical ocular
pharmaceutical agents certificate authorizing him the holder
to administer
topical ocular pharmaceutical agents as provided in division
(A)(2) of section 4725.01 of the Revised Code and in accordance
with sections 4725.01 to 4725.21 4725.34 of the Revised Code. (3) Every applicant who holds a valid certificate of
licensure, issued prior to May 19, 1992, and
meets the requirements of section 4725.091 4725.14 of the
Revised Code, and passes part two of the licensing examination
shall receive from the board a separate therapeutic
pharmaceutical agents certificate authorizing him the holder
to engage in
the practice of optometry as provided in division (A)(3) of
section 4725.01 of the Revised Code. (4) Every applicant who, on or after May 19,
1992, passes all parts one and two of the
licensing examination accepted by the board under section 4725.11 Of the Revised Code
and otherwise complies with the
requirements of sections 4725.01 to 4725.21 4725.34 of the
Revised Code
shall receive from the board a certificate of licensure
authorizing him the holder to engage in the practice of
optometry as
provided in division (A)(1) of section 4725.01 of the Revised
Code and a separate therapeutic pharmaceutical agents certificate
authorizing him the holder to engage in the practice of
optometry as
provided in division (A)(3) of that section. (B) Each certificate of licensure, each topical ocular
pharmaceutical agents certificate, and each therapeutic
pharmaceutical agents certificate shall be registered by the
secretary of the board in accordance with section 4725.07 of the
Revised Code. The register shall be open to public inspection
and a certified copy of that record shall be received as
prima-facie evidence in all courts in the trial of any case.
Each person to whom a certificate is issued by the board shall
keep the certificate displayed in a conspicuous place in the
location at which that person practices optometry and shall
whenever required exhibit the certificate to any member or agent
of the board. If an optometrist (C) Peddling from door to door, or the establishment of
temporary offices, is specifically forbidden under penalty of
revocation of the certificate of licensure. If any person
practices optometry outside of or away from the location at which
his the optometrist's certificate of licensure is displayed,
he the optometrist shall deliver to
each person, examined or fitted with glasses optical
accessories by
him the optometrist, a
certificate receipt signed by him the optometrist
in which he the
optometrist shall set forth the amounts
charged, his the optometrist's post-office address, and the
number of his assigned to the optometrist's
certificate of licensure. The information may be provided as part of a
prescription given to the person.
Each person to whom any certificate has been issued by the
board under division (A) of this section, before practicing as
authorized by the certificate, shall register it in the office of
the clerk of the court of common pleas in each county in which he
proposes to practice and shall pay such fee as may be chargeable.
The clerk shall keep a certificate registration book in which he
promptly shall register each certificate for which the fee is
paid. Any failure, neglect, or refusal to register a certificate
for a period of ninety days after its issuance or from the date
of removal of the holder's practice to a county other than the
one in which the certificate is registered shall automatically
work the suspension of the certificate, and it shall not be
restored except upon written application, together with the
payment of a fee of twenty-five dollars, to the board.
(C) A person who, on MAY 19, 1992,
holds a valid
certificate of licensure
or topical ocular pharmaceutical agents certificate issued by the
board may continue to engage in the practice
of optometry as provided by the certificate of licensure or
topical ocular pharmaceutical agents certificate if the
person continues to comply with sections 4725.01 to 4725.34 of the
Revised Code as required by the certificate of licensure or
topical ocular pharmaceutical agents certificate.
Sec. 4725.091 4725.14. (A) A person who, on the effective
date of
this section, holds a valid
certificate of licensure
or topical ocular pharmaceutical agents certificate issued by the
state board of optometry may continue to engage in the practice
of optometry as provided by the certificate of licensure or
topical ocular pharmaceutical agents certificate provided he
continues to comply with sections 4725.01 to 4725.21 of the
Revised Code as required by his certificate of licensure or
topical ocular pharmaceutical agents certificate. (B) The board shall issue a therapeutic pharmaceutical
agents certificate under division (A)(3) of section 4725.09 of
the Revised Code to any optometrist who holds a certificate of
licensure issued by the board and meets the requirements of
divisions (C) and (E) of this section not later than five years
after the effective date of this section.
(C)(1) A licensed The following apply to an optometrist
licensed on or before May 19, 1992, who is seeking a
therapeutic
pharmaceutical agents certificate under division (A)(3) of
section 4725.09 4725.13 of the Revised Code who:
(1) If the optometrist does not hold a valid
topical ocular pharmaceutical agents certificate, the
optometrist shall complete
the course of study in general and ocular pharmacology prescribed
by the board under division (C)(B)(1) of this section
4725.08 of the Revised
Code, a three clock-hour course in cardiopulmonary
resuscitation, and pass part two the portion of the
optometry licensing examination
administered accepted by the board under section 4725.08
4725.11 of the Revised
Code that pertains to the treatment and management of ocular disease. (2) A licensed If the optometrist seeking a therapeutic
pharmaceutical agents certificate issued under division (A)(3) of
section 4725.09 of the Revised Code who holds a valid topical
ocular pharmaceutical agents certificate, the optometrist shall
complete a thirty
clock-hour the course of study in general and ocular pharmacology
in
accordance with prescribed under division (D) (B)(2)
of this section and
pass part two the portion of
the optometry licensing examination administered accepted by the
board
under section 4725.08 4725.11 of the Revised Code that
pertains to the treatment and management of ocular disease. (D)(B) The board shall prescribe by rule the course
following courses of study
provided for by division (C)(2) of this section. The:
(1) an eighty-seven clock-hour course of study to be
completed at an institution accredited by a post-secondary education
accrediting organization recognized by the board. The
course of study shall include
instruction in at least the following: (a) General and ocular pharmacology, including the
nature of adverse reactions caused by pharmaceutical agents and
emergency steps to be taken in such cases; (b) Signs, symptoms, and
treatment of ocular disease, injury, or abnormality; (c) Ocular signs
and symptoms of systemic disease; (d) Appropriate criteria for
referrals to physicians. (2) A thirty clock-hour course of
study shall emphasize that emphasizes the treatment
of ocular disease and shall to
be completed at an institution accredited by a regional or
professional post-secondary education accreditation organization
that is recognized or
approved by the council on post-secondary accreditation or the
United States department of education or its successor by the
board. (E) An optometrist who has completed the appropriate
course of study under divisions (C) and (D) of this section may
apply to the board to take part two of the licensing examination.
Each application shall be on the form prescribed by the board and
shall be verified by the oath of the applicant. It shall contain
information and evidence satisfactory to the board showing the
eligibility of the applicant to take part two of the examination
and shall be accompanied by the fee required by section 4725.10
of the Revised Code. In addition to the examination dates the
board sets for applicants under division (A)(4) of section
4725.09 of the Revised Code, the board shall set dates on which
part two of the examination may be taken by applicants under
division (A)(3) of that section. No optometrist shall be
permitted by the board to take part two of the examination more
than four times.
Sec. 4725.15. If the state board of optometry receives notice
under division (D) of section 4725.11 of the
Revised Code that an applicant has failed four
times the licensing examination or part of the examination that must be passed
pursuant to section
4725.12 or 4725.14 of the Revised Code, the board
shall not give further consideration to the application until
the applicant completes thirty hours of remedial training
approved by the board in the specific subject area or areas
covered by the examination or part of the examination that was failed. Sec. 4725.10 4725.16. (A) The
Each certificate of licensure, topical ocular pharmaceutical
agents certificate, and therapeutic pharmaceutical agents
certificate issued by the
state board of optometry shall
charge one hundred ten dollars for each registration and
licensing examination. For a licensed optometrist taking only
part two of the examination, the board shall charge thirty-five
dollars
expire annually on the last day of December, and may be
renewed in accordance with this section and the standard renewal
procedure established under Chapter 4745. of the
Revised Code. (B) All licensed optometrists shall be required annually
to accomplish a complete continuing education program in
subjects relating
to the practice of the profession of optometry, to the end that
the utilization and application of new techniques, scientific and
clinical advances, and the achievements of research will assure
comprehensive care to the public. The board shall prescribe by
rule a the continuing optometric education program
for that licensed optometrists to
meet this requirement must complete. The length of study shall be
determined
by the board but shall be not less than six nor more than
twenty-five clock hours during the twelve months ending on the
last day of September each year, except that the board shall
prescribe an
additional three five clock hours of instruction in pharmacology
to be
completed by optometrists who hold topical ocular pharmaceutical
agents certificates or therapeutic pharmaceutical agents
certificates. At Unless the continuing education required under this division
is waived or deferred under division (D) of this section,
the continuing education must be completed during the
twelve-month period beginning on the first day of October
and ending on the last day of September. If the board
receives notice from a continuing education program indicating
that an optometrist completed the program after the last day of
September, and the optometrist wants to use the continuing
education completed after that day to renew the license that
expires on the last day of December of that year, the
optometrist shall pay the penalty specified under section
4725.34 of the Revised Code for late completion of
continuing education. At least once annually, the board shall mail to
each licensed optometrist a list of courses approved in
accordance with standards prescribed by board rule. Upon the
request of a licensed optometrist, the secretary executive
director of the board
shall supply a list of additional courses which that the board
has
approved subsequent to the most recent mailing of the list of
approved courses. (C) Annually, by the first day of October
November, the board shall mail
to each licensed optometrist a notice regarding license renewal and
an application for
approval for license renewal of his certificate of
licensure. The
application shall be in such form and require such pertinent
professional biographical data as the board may require; except
that it shall include evidence of compliance with. Filing of
the application with the board shall serve as notice by the optometrist
that the continuing
optometric education requirement set forth in this division and
prescribed
by board rule has been successfully completed. The licensee
shall complete the application and
return it to the board by the twentieth day of October. If the board finds that the optometrist has not been
licensed or that such licensure has been revoked or placed under
suspension, or that he has not accomplished completed the
prescribed
requirement of required continuing optometric education, the board
shall
disapprove his the optometrist's application except when an
application for
reinstatement has been approved under this section. All other
applications shall be approved. An The board shall refuse to accept
an application for renewal from any applicant whose license is not in good
standing or who is under disciplinary review pursuant to section 4725.19 Of the Revised Code. The board's order of disapproval of
application for renewal shall be effective without a hearing unless
a hearing
is requested pursuant to section 119.06 Chapter
119. of the Revised Code. An
appeal under section 119.12 of the Revised Code from an order of
disapproval shall operate as a suspension of the order and the
optometrist's certificate of licensure shall remain in effect
until adjudication of the appeal. A copy of the order of
disapproval of application
Notice of the applicant's failure to qualify for renewal shall be
served upon the optometrist applicant
by mailing it to him
mail, which shall be sent on or before the fifteenth
day of November
at his to the address shown in his
application the board's records. Except as otherwise provided in division (C) of this
section
(D) In cases of certified illness or undue hardship, the
board may waive or defer for up to twelve months the
requirement of continuing optometric education in cases of
certified illness or undue hardship, except that in such cases
the board may not waive or defer the continuing education in pharmacology
required to be completed by optometrists who hold topical ocular
pharmaceutical agents certificates or therapeutic pharmaceutical agents
certificates. The board shall waive the
requirement of continuing optometric education for any
optometrist who is serving in the armed forces of the United
States or who has passed his examination for a received an
initial certificate of licensure during the nine-month period which ended
on the last day of September. Every registered (E) An optometrist who desires to
continue the
practice of optometry and whose application for approval for
license renewal has been approved by the board may renew each
certificate held by paying the fees for renewal specified under section
4725.34 Of the Revised Code. The optometrist shall pay, annually the fees on
or before
the first day of January, to the treasurer of state a renewal
registration fee of one hundred ten dollars, for which he. On
payment of the renewal fees, the board shall
receive issue a renewal of his the optometrist's
certificate of licensure, topical ocular pharmaceutical agents
certificate, and therapeutic pharmaceutical agents certificate, as
appropriate. All
certificates of licensure shall be renewed according to this
section and sections 4745.01 to 4745.03 of the Revised Code. A
(F) A notice and application for renewal shall be sent
to every
registered licensed optometrist who has been approved for
renewal by the
board, whether a resident or not fails to respond to the notice
provided under division (C) of this section, at his the
optometrist's last address, at least
one month in advance of the date of expiration, and a. A
second
notice shall be sent in advance of the date of expiration and
prior to any forfeiture action under division (G) of this
section to classify the optometrist's certificates as
delinquent, to every optometrist failing to
respond to the first preceding notice. The (G)(1) The failure of any person who is a
regularly licensed an optometrist to be approved
apply for license renewal by the
board or the failure to pay his the applicable annual
renewal registration fee in advance fees on
or before the last day of December of each year, shall
automatically work a forfeiture of his license the optometrist's
authority to practice optometry in this state. The certificates issued by the
board to the individual shall be classified in the board's records as
delinquent. (2) Any optometrist whose license has been
revoked under this
section shall not be reinstated except upon subject to delinquent
classification
may submit a written application
to the board, submission for reinstatement. For reinstatement to
occur, the applicant must meet all of the following conditions: (a) Submit to the board of evidence of compliance
with board rules requiring continuing optometric education in a
sufficient number of hours to make up for any delinquent
compliance, approval for renewal by the board, and payment of; (b) Pay all
delinquent annual registration renewal fees and in addition
thereto the
sum of seventy-five dollars to cover costs of the penalty for
reinstatement specified under section 4725.34 Of the Revised Code; (c) Pass all or part of the licensing examination
accepted by the board under section 4725.11 of the
Revised Code as the board considers appropriate to
determine whether the application for reinstatement should be
approved; (d) If the applicant has been practicing optometry in
another state or country, submit evidence that the applicant's license to
practice optometry in the other state or country is
in good standing. (3) The board shall approve an application for reinstatement if the
conditions
specified in division (G)(2) of this section are met. An
optometrist who receives reinstatement is subject to the
continuing education requirements specified under division
(B) of this section for the year in which reinstatement
occurs. When the application for restoration of the license is made,
the
compliance with the continuing optometric education requirement
is established, the application for approval for renewal is
approved by the board, and all delinquent registration fees and
penalties are paid, within three years after the forfeiture, no
examination shall be required; but no license shall be restored
on application therefor made more than three years after the
revocation unless the regular licensing examination for
applicants is passed. (C) At least once annually the board shall mail to each
licensed optometrist who holds a topical ocular pharmaceutical
agents certificate or a therapeutic pharmaceutical agents
certificate a list of pharmacology courses approved in accordance
with standards prescribed by board rule. Upon the request of a
licensed optometrist so authorized, the secretary of the board
shall supply a list of additional courses that the board has
approved subsequent to the most recent mailing of the list of
approved courses. The board shall not waive the requirement for
continuing education in pharmacology.
The board, under rules adopted in accordance with Chapter
119. of the Revised Code, shall provide for verification of this
continuing education requirement; prescribe procedures for
renewal, suspension, revocation, and reinstatement of topical
ocular pharmaceutical agents certificates and therapeutic
pharmaceutical agents certificates; and establish fees for
renewal and reinstatement of those certificates.
Sec. 4725.17. (A) An optometrist who intends not to continue
practicing optometry in this state due to retirement or a
decision to practice in another state or country may apply to
the state board of optometry to have the certificates issued to
the optometrist placed on inactive status. Application for
inactive status shall consist of a written notice to the board
of the optometrist's intention to no longer practice in this
state. The board may not accept an application submitted after
the applicant's certificate of licensure and any other
certificates have expired. The board
may approve an application for placement on inactive status only if the
applicant's certificates
are in good standing and the applicant is not under disciplinary
review pursuant to section 4725.19 of the Revised
Code. (B) An individual whose certificates have been placed on
inactive status may submit a written application to the board for
reinstatement. For
reinstatement to occur, the applicant must meet all of the
following conditions: (1) Pay the renewal fees for that year and the reinstatement fee
specified under section 4725.34 of the Revised
Code; (2) Pass all or part of the licensing examination accepted by
the board under section 4725.11 of the Revised
Code as the board considers appropriate to determine whether
the application for reinstatement should be approved; (3) If the applicant has been practicing optometry in another
state or country, submit evidence of being in the active
practice optometry in the other state or country and evidence that
the applicant's license to practice in the other state or
country is in good standing. (C) The board shall approve an application for reinstatement if
the
conditions specified in division (B) of this section are
met. An optometrist who receives reinstatement
is subject to the continuing education requirements
specified under section 4725.16 of the Revised
Code for the year in which reinstatement occurs. Sec. 4725.12 4725.18. An applicant for a certificate of
licensure
who is an optometrist registered or licensed under the laws of
another state which, through reciprocity, similarly accredits the
holder of a certificate issued by the (A) The state board of
optometry
of
this state to the full privileges of practice within such state,
on the payment of a fee of twenty-five dollars to the board
and on filing in the office of the board a true and attested copy
of the license, certified by the president or secretary of
the state board issuing the same, and showing also that the
standard of requirements adopted and enforced by the board is
equal to that provided for by sections 4725.01 to 4725.21
of the Revised Code, may, in the discretion of the
board, without further examination, receive a certificate of
licensure provided that such applicant has not previously failed
at an examination held by the board of this state. No license
shall be issued under this section unless authorized
may issue a certificate of licensure and therapeutic
pharmaceutical agents certificate to an individual licensed as
an optometrist by another state if the board determines that the
other state has standards for the practice of optometry that are
at least as stringent as the standards established under
sections 4725.01 to 4725.34 of the
Revised
Code and the other state
similarly grants licenses to practice optometry to individuals
who hold certificates of licensure issued by the board. (B) To receive a
certificate of licensure and therapeutic pharmaceutical agents
certificate under this section, an applicant must meet all of
the following conditions: (1) Hold a license to practice optometry from the
other state that is in good standing, evidenced by submission of
a letter from the licensing agency of the other state; (2) Have been actively engaged in the practice of
optometry, including the use of therapeutic pharmaceutical
agents, for at least three years immediately preceding making
application under this section; (3) Pay the application fees established under section
4725.34 of the Revised
Code for a certificate of
licensure and therapeutic pharmaceutical agents
certificate; (4) Submit all transcripts, reports, or other
information the board requires; (5) Pass all or part of the licensing examination
accepted by the board under section 4725.11 of the
Revised
Code, if the board determines
that testing is necessary to determine whether the applicant's
qualifications are sufficient for issuance of a certificate of
licensure and therapeutic pharmaceutical agents certificate
under this section. (C) If the applicant
meets the conditions specified in division
(B) of this section and the
board has not previously denied issuance of a license to the
applicant, the board may,
by an
affirmative vote of all the a majority of its members of the
board, issue to the applicant a
certificate of licensure and therapeutic pharmaceutical agents
certificate. Sec. 4725.11 4725.19. (A) The In accordance with
Chapter 119. Of the Revised Code and by an affirmative vote of a majority of its
members, the state board of optometry, for any of the reasons
specified in division (B) of this section, shall
refuse to grant a certificate of licensure to any an applicant
and
may cancel, revoke, or suspend, with respect to a licensed
optometrist, do one or more of the following: (1) Suspend the operation of any certificate
of licensure, topical ocular pharmaceutical agents certificate,
or therapeutic pharmaceutical agents certificate, or all
certificates granted by it to any person who is the optometrist; (2) Permanently revoke any or all of the certificates; (3) Limit or otherwise place restrictions on any or all of the
certificates; (4) Reprimand the optometrist; (5) Impose a monetary penalty. If the reason for which the board is
imposing the penalty involves a criminal offense that carries a fine under the
Revised Code, the penalty shall not exceed the maximum fine
that may be imposed for the criminal offense. In any other case, the penalty
imposed by the board shall not exceed five hundred dollars. (B) The sanctions specified in division (A) of this
section may be taken by the board for any of the following reasons: (1) Guilty of Committing fraud in passing the licensing
examination or making false or purposely misleading statements in an
application for a certificate of licensure; (2) At Being at any time guilty of a felony, gross
immorality, regardless of the jurisdiction in which the act was committed; (3) Being guilty of dishonesty or grossly unprofessional or
dishonest conduct in the practice of optometry; (4) Being at any time guilty of a felony, regardless of the jurisdiction
in which the act was committed; (5) Being at any time guilty of a misdemeanor committed in the course of
practice, regardless of the jurisdiction in which the act was committed; (6) Violating the conditions of any limitation or other restriction placed
by the board on any certificate issued by the board; (7) Engaging in the practice of optometry as provided in division
(A)(1), (2), or (3) of section 4725.01 Of the Revised Code when the certificate
authorizing that practice is under suspension, in which case the board shall
permanently revoke the certificate; (8) Being denied a license to practice optometry in another
state or country or being subject to any other sanction by the optometric
licensing
authority of another state or country, other than sanctions imposed for the
nonpayment of fees; (9) Departing from or failing to conform to acceptable and prevailing
standards of care in the practice of optometry as followed by similar
practitioners under the same or similar circumstances, regardless of whether
actual injury to a patient is established; (10) Failing to maintain comprehensive patient records; (3) Fraudulently advertising (11) Advertising a price
of spectacles or
eyeglasses, optical accessories, eye examinations, or other products or
services by cards, circulars, statements, or otherwise, with
intent to any means that would deceive or mislead the public;
(4) Addicted (12) Being addicted to the use of
alcohol, stimulants, narcotics,
or any other substance which impairs the intellect and judgment
to such an extent as to incapacitate one for hinder or diminish
the performance of
the duties of an optometrist included in the person's practice of
optometry;
(5)(13) Engaging in the practice of optometry as provided in
division (A)(2) or (3) of section 4725.01 of the Revised Code
without
authority to do so or, if authorized, in a manner inconsistent
with the authority granted;
(6)(14) Failing to make a report to the board as required by
division (A) of section 4725.111 4725.21 or
4725.112 section 4725.31 of the Revised Code.
(7);
(15) Soliciting patients from door to door or establishing
temporary offices, in which case the board shall suspend all certificates held
by the optometrist; (16) Except as provided in division (D) of this section: (a) Waiving the
payment of all or any part of a deductible or copayment that
a
patient, pursuant to a health insurance or health care policy, contract, or
plan that covers optometric services, would otherwise be required to pay if
the
waiver is used as an enticement to a patient or group of patients to receive
health care services from that provider optometrist. (8)(b) Advertising that he the optometrist will
waive the payment of
all or any part of a
deductible or copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers optometric services, would
otherwise be required to pay.
(B) The board may cancel, revoke, or suspend the operation
of any topical ocular pharmaceutical agents certificate granted
by it to any licensed optometrist who holds the certificate and
is doing either of the following:
(1) Using a topical ocular pharmaceutical agent that is
not listed in division (B) of section 4725.01 of the Revised Code
or is using the agent in a potency that exceeds the maximum
potency listed in that division;
(2) Administering topical pharmaceutical agents for any
purpose other than the purposes set forth in division (A)(1) of
section 4725.01 of the Revised Code.
(C) The certificate of licensure of any person convicted
of a violation of section 4725.02 of the Revised Code shall be
revoked automatically. (D) Any person who is the holder of a certificate of
licensure, or who is an applicant for examination for a
certificate of licensure against whom is preferred any charges,
shall be furnished by the board with a copy of the complaint and
shall have a hearing before the board in accordance with Chapter
119. of the Revised Code.
(E) Notwithstanding divisions (A)(7) and (8) of this section,
sanctions(D) Sanctions shall
not be imposed under division (B)(16) of this section
against any licensee optometrist who waives deductibles and
copayments:
(1) In compliance with the health benefit plan that expressly allows such a
practice. Waiver of the deductibles or copays copayments shall
be made only with the
full knowledge and consent of the plan purchaser, payer, and third-party
administrator. Such Documentation of the consent shall be made
available to the board upon
request. (2) For professional services rendered to any other person
optometrist licensed pursuant
to this chapter by the board, to the extent allowed by
this chapter sections 4725.01 to 4725.34 Of the Revised Code and the rules of
the board. Sec. 4725.60 4725.20. On receipt of a notice pursuant to
section
2301.373 of the Revised Code, the state board of optometry shall comply with
that section with respect to a license or certificate issued pursuant
to by the board under this
chapter. Sec. 4725.111 4725.21. (A) If any individual
an optometrist licensed under sections 4725.01 to 4725.21
of
the Revised Code by the state board of optometry has reason to
believe that another individual optometrist
licensed under
those sections currently or previously by the board has engaged in
any course of treatment
or other services to a
patient that constitutes grossly unprofessional conduct under
division
(A)(2)
of section 4725.11 4725.19 of the Revised Code, or has an
addiction as described in
division (A)(4) of subject to board action under section
4725.11 4725.19 of the Revised Code, the individual
optometrist shall
make a report to the state board of optometry. In (B) Any person may report to the board in a signed
writing any information that the person may have that appears to
show a violation of any provision of sections 4725.01 to 4725.34
of the Revised Code or the rules adopted under
those sections. (C) Each complaint or allegation of a violation
received by the board shall be assigned a case number and shall
be recorded by the board. (D) In
the absence of fraud or bad
faith, no individual that person who reports to the board under
this section or testifies in any adjudication conducted under
Chapter 119. Of the Revised Code shall be
liable to any person for damages in a civil action as a result of the report
or testimony. Sec. 4725.113 4725.22. Any (A) Each
insurer providing professional
liability insurance to any person holding a valid therapeutic
pharmaceutical agents certificate issued pursuant to an optometrist
licensed under this
chapter, or any other entity that seeks to indemnify the
professional liability of any person holding such a certificate an
optometrist licensed under this chapter,
shall notify the state board of optometry within thirty days
after the final disposition of any written a claim
for damages. Such
The notice shall contain the following information: (A)(1) The name and address of the person submitting the
notification;
(B)(2) The name and address of the insured who is the subject
of the claim;
(C)(3) The name of the person filing the written claim;
(D)(4) The date of final disposition;
(E)(5) If applicable, the identity of the court in which the
final disposition of the claim took place.
(B) Each optometrist licensed under this chapter
shall notify the board within thirty days of receipt of the
final disposition of a claim for damages or any action involving
malpractice. The optometrist shall notify the board by
registered mail and shall provide all reports and other
information required by the board. (C) Information received under this section is not a
public record for purposes of section 149.43 of the
Revised Code and shall not be released except as
otherwise required by law or a court of competent jurisdiction. Sec. 4725.23. (A) The state board of optometry shall investigate
evidence that appears to show that a person has violated any provision of
sections 4725.01 to 4725.34 Of the Revised Code or any rule adopted under those sections.
Investigations of alleged violations shall be supervised by the member of the
board appointed by the board to act as the supervising member of
investigations.
The supervising member shall
not participate in the final vote that occurs in an adjudication of the case. (B) In investigating a possible violation, the board may
administer
oaths, order the taking of depositions, issue subpoenas, and compel the
attendance of witnesses and production of books, accounts, papers, records,
documents, and testimony. A subpoena for patient record information shall not
be issued without consultation with the attorney general's office and approval
of the secretary of the board and the board's supervising member of
investigations. Before issuance of a subpoena
for patient record information, the secretary and supervising member shall
determine whether there is probable cause to believe that the complaint filed
alleges a violation of sections 4725.01 to 4725.34 Of the Revised Code or any rule adopted
under those sections and that the records sought are relevant to the alleged
violation and material to the investigation. The subpoena may apply only to
records that cover a reasonable period of time surrounding the alleged
violation. On failure to comply with any subpoena
issued by the board and after reasonable notice to the person
being subpoenaed, the board may move for an order compelling the
production of persons or records pursuant to the Rules of
Civil
Procedure. A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the
board. Service of a subpoena issued by the board may be
made by delivering a copy of the subpoena to the
person named therein, reading it to the person, or leaving it at
the person's usual place of residence. When the person being
served is an optometrist licensed under by this chapter,
service of the subpoena may be made by certified mail,
restricted delivery, return receipt requested, and the subpoena
shall be deemed served on the date delivery is made or the date
the optometrist refuses to accept delivery. Each witness who
appears before the board in
obedience to a subpoena shall receive the fees
and mileage provided for witnesses in civil cases in the courts
of common pleas. (C) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any civil
action. The board shall conduct all investigations and proceedings
in a manner that protects the
confidentiality of patients and persons who file complaints with the
board. The
board shall not make public the names or any other identifying
information about patients or complainants unless proper consent is
given. Sec. 4725.24. If the secretary of the state board of optometry and the
board's supervising member of investigations determine that there is clear and
convincing evidence that an optometrist has violated division (B) of
section 4725.19 Of the Revised Code and that the optometrist's continued practice presents a
danger of immediate and serious harm to the public, they may recommend that
the board suspend without a prior hearing the optometrist's certificate of
licensure and any other certificates held by the optometrist. Written
allegations shall be prepared for consideration by the full board. The board, upon review of those allegations and by an
affirmative vote
of three members other than the secretary and
supervising member may order the suspension without a prior
hearing. A telephone conference call may be utilized for
reviewing the allegations and taking the vote on the
summary suspension. The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 Of the Revised Code. The order
shall not be subject to
suspension
by the court during pendency of any appeal filed under section
119.12 Of the Revised Code. If the individual
subject to the summary suspension requests
an adjudicatory hearing by the board, the date set for the
hearing shall be within fifteen days, but not earlier than seven
days, after the individual
requests the hearing,
unless otherwise agreed to by both the board and the individual. Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to section 4725.19 Of the Revised Code
and Chapter 119. Of the Revised Code becomes effective. The
board shall issue its final adjudicative order within sixty days
after completion of its hearing. A failure to issue the order
within sixty days shall result in dissolution of the summary
suspension order but shall not invalidate any subsequent, final
adjudicative order. Sec. 4725.13 4725.25. Sections 4725.01 to 4725.21
4725.34 of the Revised Code do not confer
on
a person who is licensed under this chapter an optometrist the
title of medical doctor,
physician, surgeon, oculist, ophthalmologist, or any other word or
abbreviation
indicating that he the optometrist is engaged in the practice of
medicine or surgery. Sec. 4725.14 4725.26. Sections 4725.01 to 4725.21
Division (A) of section 4725.02 of the Revised Code
do does not apply to
the following: (A) Physicians or surgeons practicing authorized to practice
medicine and surgery or osteopathic medicine and surgery under
authority of licenses issued
under
the laws of this state for the practice of medicine or surgery
Chapter 4731. Of the Revised Code; (B) Except as provided in division (B) of section 4725.17 of the Revised
Code,
persons Persons who sell spectacles and eyeglasses
optical accessories but who do not assume to adapt them
to the eye, and neither practice nor profess to practice optometry; (C) An instructor in a school of optometry that is located in Ohio
this state and
accredited approved by the state board of optometry under
section 4725.10 Of the Revised Code who holds a valid current license to practice
optometry
from any state a licensing body in another jurisdiction and
limits his the practice of optometry to the
instruction of optometry students
enrolled in the school. (D) A student at a school of optometry located in this
state and approved by the board under section 4725.10 of the
Revised Code while enrolled in an optometry
training program and acting under the direct, personal
supervision and control of an optometrist licensed by the board
or authorized to practice pursuant to division (C) of
this section. Sec. 4725.16 4725.27. The testimony and reports of an
optometrist licensed to
practice
in by the state board of optometry under this state
chapter shall be received by any state, county, municipal,
school
district, or other public board, body, agency, institution, or official and by
any private educational or other institution receiving public funds as
competent evidence with respect to any matter within the scope of the practice
of optometry. No such board, body, agency, official, or institution shall
interfere with any individual's right to a free choice of receiving
services from either an optometrist or a physician. No such
board, body, agency, official, or institution shall
discriminate against an optometrist performing procedures that
are included in the practice of optometry as provided in
division (A)(2) or (3) of section 4725.01 of the
Revised Code if the optometrist is licensed under
this chapter to perform those procedures. Sec. 4725.17 4725.28. (A) As used in this section,
"supplier" means
any person who prepares or sells spectacles, eyeglasses, lenses,
contact lenses, optical accessories or other vision correcting
items, devices, or
procedures. (A)(B) A licensed optometrist, on completion of a vision
examination and diagnosis, shall give each patient for whom he
the optometrist prescribes any vision correcting item, device,
or procedure, one
copy of the prescription, without additional charge to the
patient. This The prescription shall include the following:
(1) The date of its issuance; (2) Sufficient information to enable the patient to obtain
from the supplier of his the patient's choice, the optical
accessory or other vision
correcting item,
device, or procedure that has been prescribed. (B)(C) Any supplier who fills a prescription for contact
lenses furnished by an optometrist shall furnish the patient with written
recommendations to return to the prescribing optometrist for evaluation of the
contact lens fitting.
(D) Any supplier, including an optometrist who is a
supplier, may advertise to inform the general
public of the price that he the supplier charges for any vision
correcting
item, device, or procedure. Any such advertisement shall
indicate whether the price includes specify the following: (1) An Whether the advertised item includes an eye examination; (2) In the case of lenses, whether the price applies to single-vision
or multifocal
lenses; (3) In the case of contact lenses, hard whether the price applies
to rigid or soft lenses and whether there is an additional charge
related to the fitting and determination of the type of contact lenses to be
worn that is not included in the price of the eye examination. (E) The state board of optometry shall not adopt any rule that
restricts the right to advertise as permitted by division (D)
of this section. (F) Any municipal corporation code, ordinance, or regulation or
any township resolution that conflicts with a supplier's right to
advertise as permitted by division (D) of this section,
is superseded by division (D) of this
section and is invalid. A municipal corporation code, ordinance,
or regulation or a township resolution conflicts with division (D)
of this
section if it restricts a supplier's right to advertise as
permitted by division (D) of this section. Sec. 4725.29. (A) As used in this section: (1) "Regional advertisement" means an advertisement
published in more than one metropolitan statistical area
in this state or broadcast by radio or television stations in
more than one metropolitan statistical area in this
state. (2) "National advertisement" means an advertisement
published in one or more periodicals or broadcast by one or more
radio or television stations in this state and also published in
one or more periodicals or broadcast by one or more radio or
television stations in another state. (B) The state board of optometry shall not require any person who
sells
optical accessories at more than one location to list in any regional
or national advertisement the name of the licensed optometrist
practicing at a particular location, provided that in addition to
the requirement in division (B) of section 4725.13 Of the Revised Code, the name of
the optometrist is prominently displayed at
the location. Sec. 4725.18 4725.30. If while examining a person an
optometrist detects evidence of
an ocular abnormality requiring further diagnosis and or
possible
treatment by a
physician
licensed to practice medicine or surgery or osteopathic medicine or surgery
under Chapter 4731. of the Revised Code that is not included in the
optometrist's practice of optometry, the optometrist shall so
advise
the
patient to see a physician authorized to practice medicine and surgery or
osteopathic medicine and surgery. The optometrist shall include in the
patient's records an entry specifying that the notice required by this section
was given. Sec. 4725.112 4725.31. An individual
optometrist licensed under sections 4725.01 to 4725.21 of
the
Revised Code by the state board of optometry shall promptly report
to the state board of optometry any
instance
of a clinically significant drug-induced side effect in a patient due to
such
individual's the optometrist's administering, employing, applying,
or prescribing a topical
ocular or therapeutic pharmaceutical agent to or for the patient. The board,
by rule adopted in accordance with Chapter 119. of the Revised Code, shall
establish reporting procedures and specify the types of side effects to be
reported. The information provided to the board shall not include the name of
or any identifying information about the patient. Sec. 4725.21 4725.32. (A) No person shall fabricate,
distribute,
sell, exchange, deliver, or have in his possession
with intent to
distribute, sell, exchange, or deliver, any eyeglass or sunglass
frame, or lens containing cellulose nitrate or any other form of
nitrate. (B) No person shall distribute, sell, or deliver any
eyeglasses or sunglasses manufactured after July 31, 1972, nor
shall any person distribute, sell, or deliver eyeglasses after
December 31, 1972, or sunglasses after December 31, 1973, which
are not fitted with impact-resistant lenses, except in those
cases where a physician or optometrist prescribing eyeglasses or
sunglasses finds that impact-resistant lenses could not fulfill
the visual requirements of a particular patient and directs in
writing the use of other lenses, and gives written notification
thereof to the patient.
All impact-resistant lenses shall be capable of
withstanding an impact test in which a five-eighths inch steel
ball weighing approximately fifty-six hundredths of an ounce is
dropped from a height of fifty inches upon the horizontal upper
surface of the lens in the manner prescribed under the code of
federal regulations, title 21, section 3.84. Sec. 4725.114 4725.33. (A) An individual whom the state
board of
optometry licenses, certificates, or otherwise legally authorizes to
engage
in the practice of optometry may render the professional services of an
optometrist within this
state through a corporation formed under division
(B) of section 1701.03 of the Revised Code, a
limited liability company formed under Chapter 1705. of the
Revised Code, a partnership, or a professional association
formed under Chapter 1785. of the Revised Code.
This division does not
preclude an individual of that nature optometrist from rendering
professional services as an optometrist through another form of
business entity, including, but not limited to, a nonprofit
corporation or foundation, or in another manner that is
authorized by or in accordance with this chapter, another
chapter of the Revised Code, or rules of the state
board of optometry adopted pursuant to this chapter. (B) A corporation,
limited liability company, partnership, or professional
association described in division (A) of this section may be
formed for the purpose of providing a combination of the
professional services of the following individuals who are licensed,
certificated, or otherwise legally authorized to practice
their respective professions: (1) Optometrists who are authorized to practice optometry under
Chapter 4725. of the Revised Code; (2) Chiropractors who are authorized to practice chiropractic under
Chapter 4734. of the Revised Code; (3) Psychologists who are authorized to practice
psychology under Chapter 4732. of the Revised Code; (4) Registered or licensed practical nurses who are
authorized to practice nursing as registered nurses or as
licensed practical nurses under Chapter 4723. of the Revised Code; (5) Pharmacists who are
authorized to practice pharmacy under
Chapter 4729. of the
Revised
Code; (6) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to 4755.53 4755.56
of the
Revised
Code; (7) Doctors of medicine and surgery, osteopathic
medicine and surgery, or podiatric medicine and surgery who are
authorized for their respective
practices under Chapter 4731. of the Revised
Code. This division shall apply notwithstanding a provision
of a code of ethics applicable to an optometrist
that
prohibits an optometrist from engaging in
the practice of optometry in combination with a person who is
licensed, certificated, or otherwise legally authorized to
practice chiropractic, psychology, nursing, pharmacy, physical therapy,
medicine and surgery, osteopathic
medicine and surgery,
or podiatric medicine and surgery but who is not also licensed,
certificated, or otherwise legally authorized to engage in the
practice of optometry. Sec. 4725.15 4725.34. (A) The state board of
optometry shall charge the following nonrefundable fees: (1) One hundred ten dollars for application for a
certificate of licensure; (2) Twenty-five dollars for application for a therapeutic
pharmaceutical agents certificate, except when the certificate is to be issued
pursuant to division (A)(3) of section 4725.13 Of the Revised Code, in which case
the fee shall be thirty-five dollars; (3) One hundred ten dollars for renewal of a certificate of
licensure; (4) Twenty-five dollars for renewal of a topical ocular
pharmaceutical agents certificate; (5) Twenty-five dollars for renewal of a therapeutic
pharmaceutical agents certificate; (6) Seventy-five dollars for late completion of continuing
optometric education; (7) Seventy-five dollars for reinstatement of
one or more certificates classified as delinquent under section 4725.16 of
the Revised Code, multiplied by the number of
years the one or more certificates have been classified as delinquent; (8) Seventy-five dollars for reinstatement of
one or more certificates placed on inactive status under section 4725.17 of
the
Revised Code; (9) Additional fees to cover administrative costs incurred
by the board, including fees for replacing licenses issued by the
board and providing rosters of currently licensed optometrists.
Such fees shall be established at a regular meeting of the board
and shall comply with any applicable guidelines or policies set
by the department of administrative services or the office of
budget and management. (B) The board, subject to the approval of the
controlling board, may establish fees in excess of the amounts provided in
sections 4725.01 to 4725.21 of the Revised Code, provided that such
specified in division (A) of this section if the fees do
not
exceed the amounts permitted by these sections specified by more
than fifty per cent. (C) All receipts of the board, from any source, shall be
deposited in the state treasury to the credit of the occupational licensing
and regulatory fund. Sec. 4725.531. On receipt of a notice pursuant to section
2301.373 Of the Revised Code, the Ohio optical dispensers board shall comply with
that section with respect to a license issued by the board pursuant to this
chapter. Sec. 4725.59. (A) Sections 4725.40 to 4725.59 of the Revised Code
do not apply
to: (A) Any (1) A physician licensed by the state
medical board authorized under Chapter 4731. Of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery, or to persons
while in
the employment and under the supervision of a physician at his
the
physician's office;
(B) Licensed optometrists (2) An optometrist licensed
under
sections 4725.01 to 4725.16 4725.34 of the Revised
Code, or to persons while in the employment and under the supervision of an
optometrist at his the optometrist's office.
(B) Nothing in sections 4725.40 to 4725.59 of the Revised Code shall
prevent or
restrict any individual, firm, or corporation from employing or from engaging
in optical dispensing through persons licensed or registered under such
sections. Sec. 4725.99. (A) Whoever violates section 4725.02 of the
Revised Code shall be fined not more than five hundred dollars
for a first offense; for each subsequent offense such person
shall be fined not less than five hundred nor more than one
thousand dollars, or imprisoned not less than six months nor more
than one year. (B) Whoever violates section 4725.41 of the Revised Code
is guilty of a misdemeanor of the second degree for a first
offense, and a misdemeanor of the first degree for each
subsequent offense. (C) Whoever violates section 4725.55 or 4725.56 of the
Revised Code is guilty of a misdemeanor of the second degree. (D) Whoever violates division (A) of section 4725.21 of
the Revised Code is guilty of a minor misdemeanor for a first
offense; for each subsequent offense, such person is guilty of a
misdemeanor of the second degree. Any violation constitutes a
separate offense on each successive day continued. (E) Whoever violates division (B) of section 4725.21
4725.32 of
the Revised Code is guilty of a misdemeanor of the third degree. (F) Whoever violates section 4725.113 4725.22 of the Revised
Code
is guilty of a minor misdemeanor for a first offense; for each
subsequent offense, such person shall be fined up to one thousand
dollars. Sec. 4729.29. (A) Divisions (A) and (B) of section 4729.01
and section 4729.28 of the Revised Code do not do
either of the following: (1) Apply to a licensed health professional
authorized to prescribe drugs or prevent
a prescriber from personally
furnishing the prescriber's patients with
drugs, within the prescriber's scope of professional
practice, that seem proper to the prescriber. (2) Apply to the sale of oxygen, peritoneal dialysis
solutions, or the sale of
drugs that are not dangerous drugs by a retail
dealer, in original packages when
labeled as required by the "Federal Food, Drug, and Cosmetic
Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended. (B) When a prescriber
personally furnishes drugs to a patient pursuant to division
(A)(1) of this section, the
prescriber shall ensure that the drugs are labeled and packaged
in accordance with state and federal drug laws and any rules and
regulations adopted pursuant to those laws. Records of purchase
and disposition of all drugs personally furnished to patients
shall be maintained by the prescriber in accordance with state
and federal drug statutes and any rules adopted
pursuant to those statutes. (C) Nothing in this chapter prohibits a person who is certified
to administer topical ocular pharmaceutical agents under Chapter
4725. of the Revised Code from purchasing, possessing, or
administering topical ocular pharmaceutical agents in accordance
with Chapter 4725. of the Revised Code.
Sec. 4729.51. (A) No person other than a registered
wholesale distributor of dangerous drugs shall possess for sale,
sell, distribute, or deliver, at wholesale, dangerous drugs,
except as follows: (1) A pharmacist who is a licensed terminal distributor of
dangerous drugs or who is employed by a licensed terminal
distributor of dangerous drugs may make occasional sales of
dangerous drugs at wholesale; (2) A licensed terminal distributor of dangerous drugs
having more than one establishment or place may transfer or
deliver dangerous drugs from one establishment or place for which
a license has been issued to the terminal distributor to another
establishment or place for which a license has been issued to the
terminal distributor if the license issued for each
establishment
or place is in effect at the time of the transfer or delivery. (B)(1) No registered wholesale distributor of dangerous
drugs shall possess for sale, or sell, at wholesale, dangerous
drugs to any person other than the following: (a) A licensed health professional authorized to
prescribe drugs; (b) An optometrist licensed under Chapter 4725. Of the Revised Code who holds a
topical ocular pharmaceutical agents certificate; (c) A registered wholesale distributor of dangerous drugs; (c)(d) A manufacturer of dangerous drugs;
(d)(e) A licensed terminal distributor of dangerous drugs,
subject to division (B)(2) of this section;
(e)(f) Carriers or warehousers for the purpose of
carriage
or storage;
(f)(g) Terminal or wholesale distributors of dangerous drugs
who are not engaged in the sale of dangerous drugs within this
state;
(g)(h) An individual who holds a current license,
certificate, or
registration issued under Title 47 of the Revised Code and has been certified
to conduct diabetes education by a national certifying body specified in rules
adopted by the state board of pharmacy under section 4729.68 of the
Revised Code, but only with respect to
insulin that will be used
for the purpose of
diabetes education and only if diabetes education is within the
individual's scope of practice under statutes and rules
regulating the individual's profession.
(2) No registered wholesale distributor of dangerous drugs
shall possess dangerous drugs for sale at wholesale, or sell such
drugs at wholesale, to a licensed terminal distributor of
dangerous drugs, except to: (a) A terminal distributor who has a category I license,
only dangerous drugs described in category I, as defined in
division (A)(1) of section 4729.54 of the Revised Code; (b) A terminal distributor who has a category II license,
only dangerous drugs described in category I and category II, as
defined in divisions (A)(1) and (2) of section 4729.54 of the
Revised Code; (c) A terminal distributor who has a category III license,
dangerous drugs described in category I, category II, and
category III, as defined in divisions (A)(1), (2), and (3) of
section 4729.54 of the Revised Code; (d) A terminal distributor who has a limited category I,
II, or III license, only the dangerous drugs specified in the
certificate furnished by the terminal distributor in accordance
with section 4729.60 of the Revised Code. (C)(1) Except as provided in division (C)(4) of this section,
no person shall sell, at retail, dangerous drugs. (2) Except as provided in division (C)(4) of this section, no
person shall possess for sale, at retail, dangerous drugs. (3) Except as provided in division (C)(4) of this section, no
person shall possess dangerous drugs. (4) Divisions (C)(1), (2), and (3) of this section do not apply
to a registered wholesale distributor of dangerous drugs, a
licensed terminal distributor of dangerous drugs, or a person who possesses, or
possesses for sale
or sells, at retail, a dangerous drug in accordance with
Chapters 3719., 4715., 4725., 4729., 4731., and 4741. or section
4723.56 of the Revised Code. Divisions (C)(1), (2), and (3) of
this section do not apply to an individual who holds a current
license, certificate, or registration issued under
Title 47 of the
Revised
Code and has been certified to
conduct diabetes education by a national certifying body
specified in rules adopted by the state board of pharmacy under
section 4729.68 of the Revised
Code, but only to the extent
that the individual possesses insulin or personally supplies
insulin solely for the purpose of diabetes education and only if
diabetes education is within the individual's scope of practice
under statutes and rules regulating the individual's
profession. (D) No licensed terminal distributor of dangerous drugs
shall purchase for the purpose of resale dangerous drugs from
any
person other than a registered wholesale distributor of
dangerous
drugs, except as follows: (1) A licensed terminal distributor of dangerous drugs may
make occasional purchases of dangerous drugs for resale from a
pharmacist who is a licensed terminal distributor of dangerous
drugs or who is employed by a licensed terminal distributor of
dangerous drugs; (2) A licensed terminal distributor of dangerous drugs
having more than one establishment or place may transfer or
receive dangerous drugs from one establishment or place for which
a license has been issued to the terminal distributor to another
establishment or place for which a license has been issued to the
terminal distributor if the license issued for each establishment
or place is in effect at the time of the transfer or receipt. (E) No licensed terminal distributor of dangerous drugs
shall engage in the sale or other distribution of dangerous drugs
at retail or maintain possession, custody, or control of
dangerous drugs for any purpose other than the distributor's
personal use or
consumption, at any establishment or place other than that or
those described in the license issued by the board of pharmacy to
such terminal distributor. (F) Nothing in this section shall be construed to
interfere with the performance of official duties by any law
enforcement official authorized by
municipal, county, state, or federal law to collect samples of
any drug, regardless of its nature or in whose possession it may
be. Sec. 4729.60. (A) Before a registered wholesale
distributor of dangerous drugs may sell dangerous drugs at
wholesale to any person, other than a licensed health
professional authorized to prescribe drugs, a
registered
wholesale distributor of dangerous drugs, a manufacturer of
dangerous drugs, a carrier or a warehouser but only
for the
purpose of carriage or storage, or a terminal distributor of
dangerous drugs who is not engaged in the sale of dangerous drugs
within this state the persons specified in divisions
(B)(1)(a) to (d) and
(B)(1)(f) to (h) of section 4729.51
Of the Revised Code, such wholesale distributor shall obtain from
the purchaser and the purchaser shall furnish to the wholesale
distributor a certificate indicating that the purchaser is a
licensed terminal distributor of dangerous drugs. The
certificate shall be in the form that the state board of pharmacy shall
prescribe, and shall set forth the name of the
licensee, the number of the license, a description of the place
or establishment or each place or establishment for which the
license was issued, the category of licensure, and, if the
license is a limited category I, II, or III license, the
dangerous drugs that the licensee is authorized to possess, have
custody or control of, and distribute. If no certificate is obtained or furnished before a
sale is made, it shall be presumed that the sale of
dangerous drugs by
the wholesale distributor is in violation of division (B) of
section 4729.51 of the Revised Code and the purchase of
dangerous drugs by the purchaser is in violation of division (C)
of section 4729.51 of the Revised Code. If a registered
wholesale distributor of dangerous drugs obtains or is furnished
a certificate from a terminal distributor of dangerous drugs
and relies on the certificate in selling dangerous drugs at
wholesale to the terminal distributor of dangerous drugs,
the
wholesale distributor of dangerous drugs shall be deemed not to
have violated division (B) of section 4729.51 of the Revised Code
in making the sale. (B) Before a licensed terminal distributor of dangerous
drugs may purchase dangerous drugs at wholesale, the
terminal
distributor shall obtain from the seller and the seller shall
furnish to the terminal distributor the number of the seller's
registration certificate to engage in the sale of dangerous drugs
at wholesale. If no registration number is obtained or furnished before
a purchase is made, it shall be presumed that
the purchase of
dangerous drugs by the terminal distributor is in violation of
division (D) of section 4729.51 of the Revised Code and the
sale
of dangerous drugs by the seller is in violation of division (A)
of section 4729.51 of the Revised Code. If a licensed terminal
distributor of dangerous drugs obtains or is furnished a
registration number from a wholesale distributor of dangerous
drugs and relies on the registration number in purchasing
dangerous drugs at wholesale from the wholesale distributor
of
dangerous drugs, the terminal distributor shall be deemed
not to
have violated division (D) of section 4729.51 of the Revised Code
in making the purchase. Sec. 4731.44. (A) As used in this section, "supplier" means a
person who prepares or sells spectacles, eyeglasses, lenses,
contact lenses, or other vision correcting items, devices, or
procedures has the same meaning as in section 4725.28 Of the Revised Code. (A) A doctor of medicine and surgery
or of osteopathic medicine and surgery who
is licensed (B) An individual authorized under this
chapter to practice medicine and surgery or
osteopathic medicine and surgery in this
state, on completion of a vision examination
and diagnosis, shall give each patient for whom the doctor
individual
prescribes any vision correcting item, device, or procedure, one copy of the
prescription, without additional charge to the patient.
The prescription shall include the following:
(1) The date of its issuance; (2) Sufficient information to enable the patient to obtain
from the supplier of the patient's choice, the vision
correcting item,
device, or procedure that has been prescribed. (B)(C) Any supplier who fills a
prescription for contact
lenses furnished by a doctor of an individual authorized under this
chapter to practice medicine and
surgery or a doctor of osteopathic medicine and surgery under this
section
or by an
optometrist under section 4725.17 of
the Revised Code shall
furnish the patient with written recommendations to return to the
prescribing doctor
or
optometrist for evaluation of the contact lens fitting.
(C)(D) Any supplier, including an individual
authorized under this chapter to practice medicine and surgery or osteopathic
medicine and surgery who is a supplier, may advertise to inform the
general
public of the price that the supplier charges for any vision
correcting item, device, or procedure. An
advertisement of that nature shall indicate whether the price includes
a correcting item, device, or procedure. An
advertisement of that nature shall indicate whether the price includes
one or more of specify the following:
(1) An Whether the price includes an eye examination; (2) In the case of lenses, whether the price applies to single-vision
or multifocal
lenses; (3) In the case of contact lenses, hard whether the price applies
to rigid or soft lenses and whether there is an additional charge
related to the fitting and determination of the type of contact lenses to be
worn that is not included in the price of the eye examination. (E) The state medical board shall not adopt any rule that
restricts the right to advertise as permitted by division (D)
of this section. (F) Any municipal corporation code, ordinance, or regulation or
any township resolution that conflicts with a supplier's right to
advertise as permitted by division (D) of this section is
superseded by division (D) of this
section and is invalid. A municipal corporation code, ordinance,
or regulation or a township resolution conflicts with division (D)
of this
section if it restricts a supplier's right to advertise as
permitted by division (D) of this section. Sec. 5903.12. (A) As used in this section: (1) "Continuing education" means continuing education
required of a licensee by law and includes, but is not limited
to, the continuing education required of licensees under sections
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,
4725.10 4725.16, 4725.51, 4731.281, 4735.141, 4736.11,
4741.16, 4741.19,
4751.07, 4755.63, 4757.33, 4759.06, 4761.06, and
4763.07 of the Revised Code. (2) "License" means a license, certificate, permit, or
other authorization issued or conferred by a licensing agency
under which a licensee may engage in a profession, occupation, or
occupational activity. (3) "Licensee" means a person to whom all of the following
apply: (a) The person has been issued a license by a licensing
agency. (b) The person is a member of the Ohio national guard, the Ohio
military reserve, the Ohio naval militia, or a reserve component
of the armed forces of the United States. (c) The person has been called to active duty, whether
inside or
outside the United States, because of an executive order issued
by the president of the United States or an act of congress, for
a period in excess of thirty-one days. (4) "Licensing agency" means any state department,
division, board, commission, agency, or other state governmental
unit authorized by the Revised Code to issue a license. (5) "Reporting period" means the period of time during
which a licensee must complete the number of hours of continuing
education required of the licensee by law. (B) Each licensing agency, upon receiving an application
from one of its licensees that is accompanied by proper
documentation certifying that the licensee has been called to
active duty
as described in division (A)(3)(c) of this section during the
current or a prior reporting period and certifying the length of
that active duty, shall extend the current reporting period by an
amount of time equal to the total number of months that the
licensee spent on active duty during the current reporting
period. For purposes of this division, any portion of a month
served on active duty shall be considered one full month. SECTION 2 . That existing sections
4725.01, 4725.02, 4725.03, 4725.04, 4725.05, 4725.06, 4725.07,
4725.08, 4725.09, 4725.091, 4725.10, 4725.11, 4725.111,
4725.112, 4725.113, 4725.114, 4725.12, 4725.13, 4725.14,
4725.15, 4725.16, 4725.17, 4725.18, 4725.21, 4725.59, 4725.60,
4725.99, 4729.29, 4729.51, 4729.60, 4731.44, and 5903.12
of the Revised Code are hereby repealed.
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