130th Ohio General Assembly
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Am. H. B. No. 258  As Passed by the House
As Passed by the House

130th General Assembly
Regular Session
2013-2014
Am. H. B. No. 258


Representative Gonzales 

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



A BILL
To amend section 4725.40 and to enact section 4725.411 of the Revised Code regarding licensed spectacle dispensing opticians.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4725.40 be amended and section 4725.411 of the Revised Code be enacted to read as follows:
Sec. 4725.40.  As used in sections 4725.40 to 4725.59 of the Revised Code:
(A) "Optical aid" means both of the following:
(1) Spectacles or other instruments or devices that are not contact lenses, if the spectacles or other instruments or devices may aid or correct human vision and have been prescribed by a physician or optometrist licensed by any state;
(2) Contact lenses, regardless of whether they address visual function, if they are designed to fit over the cornea of the eye or are otherwise designed for use in or on the eye or orbit.
All contact lenses shall be dispensed only in accordance with a valid written prescription designated for contact lenses, including the following:
(a) Zero-powered plano contact lenses;
(b) Cosmetic contact lenses;
(c) Performance-enhancing contact lenses;
(d) Any other contact devices determined by the Ohio optical dispensers board to be contact lenses.
(B) "Optical dispensing" means interpreting but not altering a prescription of a licensed physician or optometrist and designing, adapting, fitting, or replacing the prescribed optical aids, pursuant to such prescription, to or for the intended wearer; duplicating lenses, other than contact lenses, accurately as to power without a prescription; and duplicating nonprescription eyewear and parts of eyewear. "Optical dispensing" does not include selecting frames, transacting a sale, transferring an optical aid to the wearer after an optician has completed fitting it, or providing instruction in the general care and use of an optical aid, including placement, removal, hygiene, or cleaning.
(C) "Licensed dispensing optician" means a person holding a current, valid license issued under sections 4725.47 to 4725.51 of the Revised Code that authorizes the person to engage in optical dispensing. Nothing in this chapter shall be construed to permit a licensed dispensing optician to alter the specifications of a prescription.
(D) "Licensed spectacle dispensing optician" means a licensed dispensing optician authorized to engage in both of the following:
(1) The dispensing of optical aids other than contact lenses;
(2) The dispensing of prepackaged soft contact lenses in accordance with section 4725.411 of the Revised Code.
(E) "Licensed contact lens dispensing optician" means a licensed dispensing optician authorized to engage only in the dispensing of contact lenses.
(F) "Licensed spectacle-contact lens dispensing optician" means a licensed dispensing optician authorized to engage in the dispensing of any optical aid.
(G) "Apprentice" means any person dispensing optical aids under the direct supervision of a licensed dispensing optician.
(H) "Prescription" means the written or verbal directions or instructions as specified by a physician or optometrist licensed by any state for preparing an optical aid for a patient.
(I) "Supervision" means the provision of direction and control through personal inspection and evaluation of work.
(J) "Licensed ocularist" means a person holding a current, valid license issued under sections 4725.48 to 4725.51 of the Revised Code to engage in the practice of designing, fabricating, and fitting artificial eyes or prostheses associated with the appearance or function of the human eye.
Sec. 4725.411. A licensed spectacle dispensing optician may dispense prepackaged soft contact lenses if the only action necessary is to match the description of the contact lenses that is on the packaging to a written prescription.
Section 2. That existing section 4725.40 of the Revised Code is hereby repealed.
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