To amend sections 4725.05, 4725.08, 4725.09, and 4725.091 of the Revised Code to prohibit the State Board of Optometry from considering the application of an applicant who has failed any part of the licensing examination four times until the applicant has taken remedial classes and passed the examination, to change the content of the optometry licensing examination, to remove a provision that required optometrists seeking a therapeutic pharmaceutical agents certificate to meet certain requirements by May 19, 1997, to specify that the Board may hire an executive secretary, and to make other changes in the Optometrists Law.

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

Sec. 4725.05. Before entering upon the discharge of the OFFICIAL duties of his office, the secretary of the state board of optometry 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 SECRETARY'S office. The premium for such bond shall be paid as are other expenditures of the board. Such 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, INCLUDING AN EXECUTIVE SECRETARY, as are necessary to administer and enforce sections 4725.01 to 4725.21 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. 4725.08. (A) Each person who desires to commence the practice of optometry shall file with the EXECUTIVE secretary of the state board of optometry a written application for the licensing examination CONTAINING THE INFORMATION THE BOARD DEEMS NECESSARY TO DETERMINE WHETHER AN APPLICANT IS QUALIFIED FOR LICENSURE UNDER THIS CHAPTER.

Each application for the licensing examination LICENSURE shall be accompanied by the fee required SPECIFIED under section 4725.10 of the Revised Code FOR REGISTRATIONS AND LICENSING EXAMINATIONS and shall be filed with the EXECUTIVE secretary not more than sixty nor less than thirty days prior to the day of any meeting OF THE BOARD at which the applicable examination LICENSURE is to be held GRANTED.

Each application for the licensing examination LICENSURE shall be 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 IN MEETING THE CRITERIA REQUIRED FOR LICENSURE.

(B) No person is eligible to take the licensing examination FOR LICENSURE unless he is THE PERSON MEETS ALL OF THE FOLLOWING CRITERIA:

(1) IS at least eighteen years of age,;

(2) IS of good moral character, has;

(3) HAS satisfactorily completed a course of study of at least six college years, and has;

(4) HAS graduated from a AN ACCREDITED school of optometry accredited APPROVED by the board;, 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 APPROVED unless it is accredited by the established professional optometric accrediting agency, and no school of optometry shall be accredited APPROVED except by an affirmative vote of a majority of the members of the board. The board may require higher standards for the accrediting APPROVAL of the schools of optometry.

The (5) HAS PASSED ALL PARTS OF THE licensing examination, WHICH shall consist of two THREE parts. 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 BASIC SCIENCE, HUMAN BIOLOGY, OCULAR AND VISUAL BIOLOGY, THEORETICAL OPHTHALMIC, PHYSIOLOGICAL OPTICS, AND PHYSIOLOGICAL PSYCHOLOGY. PART TWO OF THE EXAMINATION SHALL CONSIST OF 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; PART TWO ALSO SHALL TEST THE APPLICANT'S KNOWLEDGE DERIVED FROM THE COURSE OF STUDY PRESCRIBED UNDER DIVISION (C) OF THIS SECTION. PART THREE OF THE EXAMINATION SHALL CONSIST OF TESTS IN PATIENT CARE AND MANAGEMENT, CLINICAL SKILLS, AND THE VISUAL RECOGNITION AND INTERPRETATION OF CLINICAL SIGNS. THE BOARD MAY REQUIRE ADDITIONAL SUBJECT MATTER FOR THE EXAMINATION THAT IT DEEMS NECESSARY AND APPROPRIATE, 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 THE STATE BOARD OF OPTOMETRY SHALL NOT CONSIDER THE APPLICATION OF AN APPLICANT WHO HAS FAILED ANY PART OF THE LICENSING EXAMINATION FOUR TIMES UNTIL THE APPLICANT SUCCESSFULLY COMPLETES THIRTY HOURS OF REMEDIAL TRAINING APPROVED BY THE BOARD IN THE SPECIFIC SUBJECT AREA COVERED BY THE FAILED EXAMINATION, SUBMITS PROOF OF THAT TRAINING TO THE BOARD, AND PASSES THE EXAMINATION.

Sec. 4725.09. (A) The state board of optometry shall issue certificates under its seal as provided in this division:

(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 of the Revised Code shall receive from the board a certificate of licensure authorizing him THE APPLICANT 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 of the Revised Code, shall receive from the board a separate topical ocular pharmaceutical agents certificate authorizing him THE APPLICANT 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 of the Revised Code.

(3) Every applicant who holds a valid certificate of licensure, meets the requirements of section 4725.091 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 APPLICANT 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 passes parts one and, two, AND THREE of the licensing examination and otherwise complies with the requirements of sections 4725.01 to 4725.21 of the Revised Code shall receive from the board a certificate of licensure authorizing him THE APPLICANT 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 APPLICANT 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.

(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 PERSON'S certificate of licensure is displayed, he THE PERSON shall deliver to each person INDIVIDUAL, examined or fitted with glasses by him THE PERSON, a certificate signed by him THE PERSON in which he THE PERSON shall set forth the amounts charged, his THE PERSON'S post-office address, and the number of his THE PERSON'S certificate of licensure.

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 THE PERSON proposes to practice and shall pay such fee as may be chargeable. The clerk shall keep a certificate registration book in which he THE CLERK 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.

Sec. 4725.091. (A) A person who, on the effective date of this section MAY 19, 1992, 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 THE PERSON continues to comply with sections 4725.01 to 4725.21 of the Revised Code as required by his THE PERSON'S 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 optometrist seeking a therapeutic pharmaceutical agents certificate under division (A)(3) of section 4725.09 of the Revised Code who does not hold a valid topical ocular pharmaceutical agents certificate shall complete the course of study in general and ocular pharmacology prescribed by the board under division (C) of section 4725.08 of the Revised Code and pass part two THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE PORTION of the optometry licensing examination administered REQUIRED by the board under section 4725.08 of the Revised Code.

(2) A licensed 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 shall complete a thirty clock-hour course of study in general and ocular pharmacology in accordance with division (D) of this section and pass part two THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE PORTION of the optometry licensing examination administered REQUIRED by the board under section 4725.08 of the Revised Code.

(D) The board shall prescribe by rule the course of study provided for by division (C)(2) of this section. The course of study shall emphasize the treatment AND MANAGEMENT of ocular disease and shall 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.

(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 FOR A THERAPEUTIC PHARMACEUTICAL AGENTS CERTIFICATE. 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 AND THAT THE APPLICANT HAS PASSED THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE PORTION of the examination and. THE APPLICATION shall be accompanied by the fee required SPECIFIED by section 4725.10 of the Revised Code FOR REGISTRATIONS AND LICENSING EXAMINATIONS. 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.

THE BOARD SHALL PROVIDE APPLICANTS FOR A THERAPEUTIC PHARMACEUTICAL AGENTS CERTIFICATE UNDER THIS DIVISION WITH INFORMATION ON THE DATES THAT THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE PORTION OF THE LICENSING EXAMINATION WILL BE AVAILABLE FROM THE NATIONAL BOARD OF EXAMINERS IN OPTOMETRY OR A PROFESSIONAL QUALIFIED TESTING ORGANIZATION RECOGNIZED BY THE STATE BOARD OF OPTOMETRY. THE STATE BOARD OF OPTOMETRY SHALL PROCESS LICENSURE APPLICATIONS AT THE NEXT AVAILABLE BOARD MEETING AFTER THE EXAMINATION.

THE STATE BOARD OF OPTOMETRY SHALL NOT ISSUE A THERAPEUTIC PHARMACEUTICAL AGENTS CERTIFICATE TO AN OPTOMETRIST WHO HAS FAILED THE TREATMENT AND MANAGEMENT OF OCULAR DISEASE PORTION OF THE LICENSING EXAMINATION FOUR TIMES UNTIL THE OPTOMETRIST SUCCESSFULLY COMPLETES THIRTY HOURS OF REMEDIAL TRAINING APPROVED BY THE BOARD IN THERAPEUTIC PHARMACOLOGY, SUBMITS PROOF OF THAT TRAINING TO THE BOARD, AND PASSES THE EXAMINATION.