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To amend sections 4725.01, 4725.09, 4725.16, 4725.23, 4725.26, 4725.28, 4725.40, and 4731.44 and to enact sections 4725.011 and 4725.091 of the Revised Code to modify the laws governing the State Board of Optometry and the practice of optometry, including the laws authorizing optometrists to administer and prescribe drugs, and to require the Ohio Optical Dispensers Board to regulate the dispensing of cosmetic contact lenses.
Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That sections 4725.01, 4725.09, 4725.16, 4725.23, 4725.26, 4725.28, 4725.40, and 4731.44 be amended and sections 4725.011 and4725.091 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 ofhuman eyes for the purpose of ascertaining departures from the normal,measuring their functional powers, adapting optical accessories for the aidthereof, 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 samemeaning as in division (A)(1) of this section, except that it also includesadministering topical ocular pharmaceutical agents for the purposes set forthin 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 samemeaning as in divisions division (A)(1) and (2) of this section, except that italso includes employing all of the following: (a) Employing, applying, administering, and prescribing instruments, devices, and procedures, other than invasive procedures, and therapeuticpharmaceutical agents for the following purposes: (a) Examination of examination, investigation, diagnosis, treatment, or prevention of any disease, injury, or other abnormal condition of the visualsystem; (b) Treatment or cure of any disease, injury, or other abnormal condition of the anterior segment of the human eye Employing, applying,administering, and prescribing topical ocular pharmaceutical agents; (c) Employing, applying, administering, and prescribing therapeutic (d) Assisting an individual in determining the individual's blood glucose level by using a commercially available glucose-monitoring device. Nothingin this section precludes a licensed optometrist who holds a therapeuticpharmaceutical agents certificate from using any particular type ofcommercially available glucose-monitoring device.
(B) "Topical ocular pharmaceutical agents agent" means:(1) Proparacaine hydrochloride in a potency not exceeding five-tenths of (2) Benoxinate hydrochloride in a potency not exceeding four-tenths of (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 (5) Tropicamide in a potency not exceeding one per cent ophthalmic (6) Cyclopentolate in a potency not exceeding one per cent ophthalmic (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 thepotency in which they may be used for evaluative purposes has beenestablished by the federal food and drug administration after January 1,1983, and their use for the purposes set forth in division (A)(1) of thissection has been approved by rule of the state board of optometry a drug ordangerous drug that is a topical drug and used in the practice of optometryas follows: (1) In the case of a licensed optometrist who holds a topical ocular pharmaceutical agents certificate, for evaluative purposes in the practice ofoptometry as set forth in division (A)(1) of this section; (2) In the case of a licensed optometrist who holds a therapeutic investigation, diagnosis, treatment, or prevention of any disease, injury, orother abnormal condition of the visual system.
(C) "Therapeutic pharmaceutical agent" means a topical ocular pharmaceutical agent or any of the following drugs a drug or dangerousdrugs drug that is used for examination, investigation, diagnosis, treatment,or prevention of any disease, injury, or other abnormal condition of thevisual system or for treatment or cure of disease, injury, or other abnormalcondition 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 (k) Cefaclor in a two hundred fifty milligram or five hundred milligram (l) Cephalexin in a two hundred fifty milligram or five hundred (m) Dicloxacillin in a two hundred fifty milligram or five hundred (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 (q) Tetracycline in a two hundred fifty milligram or five hundred (3) Any other oral dosage of a drug or dangerous drug that is listed by rule in the practice of optometry by a licensed optometrist who holds atherapeutic pharmaceutical agents certificate, and is any of the following: (1) An oral drug or dangerous drug in one of the following (a) Anti-infectives, including antibiotics, antivirals, antimicrobials, and (b) Anti-allergy agents;(c) Antiglaucoma agents;(d) Analgesics, including only analgesic drugs that are available without a prescription, analgesic drugs or dangerous drugs that require a prescriptionbut are not controlled substances, and schedule III controlled substancesauthorized by the state board of optometry in rules adopted under section4725.091 of the Revised Code; (e) Anti-inflammatories, excluding all drugs or dangerous drugs classified as oral steroids other than methylpredisolone, which may be usedunder a therapeutic pharmaceutical agents certificate only if all of thefollowing conditions are met: (i) The drug is prescribed for use in allergy cases;(ii) The drug is prescribed for use by an individual who is eighteen years (iii) The drug is prescribed on the basis of an individual's particular (iv) The drug is prescribed in an amount that does not exceed the amount packaged for a single course of therapy.
(2) Epinephrine administered by injection to individuals in emergency situations to counteract anaphylaxis or anaphylactic shock. Notwithstandingany provision of this section to the contrary, administration of epinephrinein this manner does not constitute performance of an invasive procedure.
(3) An oral drug or dangerous drug that is not included under division (C)(1) of this section, if the drug or dangerous drug is approved, exemptfrom approval, certified, or exempt from certification by the federal foodand drug administration for ophthalmic purposes and the drug or dangerousdrug is specified in rules adopted by the state board of optometry undersection 4725.09 of the Revised Code.
(D) "Controlled substance" has the same meaning as in section 3719.01 (E) "Drug" and "dangerous drug" have the same meanings as in section (E)(F) "Invasive procedure" means any procedure that involves cutting or otherwise infiltrating human tissue by mechanical means includingsurgery, administering medication by injection, or the removal of intraocular foreignbodies.
(F)(G) "Visual system" means the human eye and its accessory or (G)(H) "Certificate of licensure" means a certificate issued by the state board of optometry under section 4725.13 of the Revised Code authorizingthe holder to practice optometry as provided in division (A)(1) of thissection.
(H)(I) "Topical ocular pharmaceutical agents certificate" means a certificate issued by the state board of optometry under section 4725.13 ofthe Revised Code authorizing the holder to practice optometry as providedin division (A)(2) of this section.
(I)(J) "Therapeutic pharmaceutical agents certificate" means a certificate issued by the state board of optometry under division (A)(3) or (4) of section4725.13 of the Revised Code authorizing the holder to practice optometry asprovided in division (A)(3) of this section.
Sec. 4725.011. In prescribing and dispensing vision correction devices under a therapeutic pharmaceutical agents certificate, a licensed optometristmay prescribe and dispense any device that has vision correction as itsprimary purpose but also combines with that purpose the delivery of a drugor dangerous drug through the device, if the drug delivered by the devicewould otherwise be a topical ocular pharmaceutical agent or oral therapeuticpharmaceutical agent. Devices authorized by this section include, but are notlimited to, vision-correcting contact lenses that deliver such drugs ordangerous drugs.
Sec. 4725.09. (A) The state board of optometry shall adopt rules as it considers necessary to govern the practice of optometry and to administerand enforce sections 4725.01 to 4725.34 of the Revised Code. All rulesadopted under sections 4725.01 to 4725.34 of the Revised Code shall beadopted in accordance with Chapter 119. of the Revised Code.
(B) The board, in consultation with the state board of pharmacy, shall adopt rules specifying any oral dosages of drugs or dangerous drugs that aretherapeutic pharmaceutical agents under division (C)(3) of section 4725.01of the Revised Code.
(C) The board shall adopt rules that establish standards to be met and procedures to be followed with respect to the delegation by an optometristof the performance of an optometric task to a person who is not licensed orotherwise specifically authorized by the Revised Code to perform the task.
The rules shall permit an optometrist who holds a topical ocularpharmaceutical agents certificate or therapeutic pharmaceutical agentscertificate to delegate the administration of drugs included in theoptometrist's scope of practice.
The rules adopted under this division shall provide for all of the (1) On-site supervision when the delegation occurs in an institution or other facility that is used primarily for the purpose of providing health care,unless the board established a specific exception to the on-site supervisionrequirement with respect to routine administration of a topical drug; (2) Evaluation of whether delegation is appropriate according to the (3) Training and competency requirements that must be met by the (4) Other standards and procedures the board considers relevant.
Sec. 4725.091. (A) The state board of optometry shall adopt rules governing the authority of licensed optometrists to employ, apply,administer, and prescribe schedule III controlled substances under atherapeutic pharmaceutical agents certificate. The rules shall be adopted inaccordance with Chapter 119. of the Revised Code and in consultation withthe state board of pharmacy.
(B) All of the following apply to the state board of optometry in the (1) The board shall not permit an optometrist to employ, apply, administer, or prescribe a schedule III controlled substance other than a drugincluded in section 3719.41 of the Revised Code within the schedule IIInarcotics-narcotic preparations category.
(2) The board shall limit the schedule III controlled substances that optometrists may employ, apply, administer, or prescribe to the drugs thatthe board determines are appropriate for use in the practice of optometryunder a therapeutic pharmaceutical agents certificate.
(3) With regard to the prescribing of schedule III controlled substances, the board shall establish prescribing standards to be followed byoptometrists who hold therapeutic pharmaceutical agents certificates. Theboard shall take into account the prescribing standards that exist within thehealth care marketplace.
(4) The board shall establish standards and procedures for employing, applying, administering, and prescribing schedule III controlled substancesunder a therapeutic pharmaceutical agents certificate by taking intoconsideration and examining issues that include the appropriate length ofdrug monitoring systems, and any other factors the board considers relevant.
Sec. 4725.16. (A) Each certificate of licensure, topical ocular pharmaceutical agents certificate, and therapeutic pharmaceutical agents certificate issued by the state board of optometry shall expire annually onthe last day of December, and may be renewed in accordance with thissection and the standard renewal procedure established under Chapter 4745.
of the Revised Code.
An optometrist seeking to continue to practice optometry shall file with the board an application for license renewal. The application shall be in suchform and require such pertinent professional biographical data as the boardmay require.
(B) All licensed optometrists shall annually complete continuing education in subjects relating to the practice of optometry, to the end that theutilization and application of new techniques, scientific and clinicaladvances, and the achievements of research will assure comprehensive careto the public. The board shall prescribe by rule the continuing optometriceducation that licensed optometrists must complete. The length of studyshall be determined by the board but shall be not less than six nor more thantwenty-five clock hours each year, except that the board shall prescribe anadditional five including ten clock hours of instruction in pharmacology tobe completed by all licensed optometrists who hold topical ocularpharmaceutical agents certificates or therapeutic pharmaceutical agentscertificates.
Unless the continuing education required under this division is waived or deferred under division (D) of this section, the continuing education mustbe completed during the twelve-month period beginning on the first day ofOctober and ending on the last day of September. If the board receivesnotice from a continuing education program indicating that an optometristcompleted the program after the last day of September, and the optometristwants to use the continuing education completed after that day to renew thelicense that expires on the last day of December of that year, the optometristshall pay the penalty specified under section 4725.34 of the Revised Codefor 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 boardrule. Upon the request of a licensed optometrist, the executive director of theboard shall supply a list of additional courses that the board has approvedsubsequent to the most recent mailing of the list of approved courses.
(C)(1) Annually, by not later than the first day of November, the board shall mail to each licensed optometrist a notice regarding license renewaland to each licensed optometrist who may be eligible for renewal. Thenotice shall be sent to the optometrist's last address shown in the board'srecords. If the board knows that the optometrist has completed the required continuing optometric education for the year, the board may include withthe notice an application for license renewal. The application shall be insuch form and require such pertinent professional biographical data as theboard may require. An optometrist seeking to continue to practice optometryshall file the renewal application with the board. Filing the (2) Filing a license renewal application with the board shall serve as notice by the optometrist that the continuing optometric educationrequirement has been successfully completed. If If the board finds that an optometrist has not completed the required optometrist's application. The board's disapproval of renewal is effectivewithout a hearing, unless a hearing is requested pursuant to Chapter 119. ofthe Revised Code. The (3) The board shall refuse to accept an application for renewal from any applicant whose license is not in good standing or who is under disciplinaryreview pursuant to section 4725.19 of the Revised Code. Notice (4) Notice of an applicant's failure to qualify for renewal shall be served upon the applicant by mail, which. The notice shall be sent on or before notlater than the fifteenth day of November to the applicant's last addressshown in the board's records.
(D) In cases of certified illness or undue hardship, the board may waive or defer for up to twelve months the requirement of continuing optometriceducation, except that in such cases the board may not waive or defer thecontinuing education in pharmacology required to be completed byoptometrists who hold topical ocular pharmaceutical agents certificates ortherapeutic pharmaceutical agents certificates. The board shall waive therequirement of continuing optometric education for any optometrist who isserving in the armed forces of the United States or who has received aninitial certificate of licensure during the nine-month period which ended onthe last day of September.
(E) The board shall approve all applications for renewal that are not disapproved or refused under division (C) of this section. An optometristwhose renewal application has been approved may renew each certificateheld by paying to the treasurer of state the fees for renewal specified undersection 4725.34 of the Revised Code. On payment of all applicable fees, theboard shall issue a renewal of the optometrist's certificate of licensure,topical pharmaceutical agents certificate, as appropriate.
(F) A notice shall be sent to every licensed optometrist who fails to file the renewal application provided under division (C) of this section, at the optometrist's last address, at least one month in advance of the last day ofDecember, which is the date of expiration. A second notice shall be sent Notlater than the fifteenth day of December, the board shall mail a secondnotice regarding license renewal to each licensed optometrist who may beeligible for renewal but did not respond to the notice sent under division(C)(1) of this section. The notice shall be sent to the optometrist's lastaddress shown in the board's records. If an optometrist fails to file a renewalapplication after the second notice is sent, the board shall send a third noticeregarding license renewal prior to any action under division (I) of thissection to classify the optometrist's certificates as delinquent, to everyoptometrist failing to respond to the preceding notice.
(G) The failure of an optometrist to apply for license renewal or the failure to pay the applicable annual renewal fees on or before the date ofexpiration, shall automatically work a forfeiture of the optometrist'sauthority to practice optometry in this state.
(H) The board shall accept renewal applications and renewal fees that are submitted from the first day of January to the last day of April of theyear next succeeding the date of expiration. An individual who submits sucha late renewal application or fee shall pay the late renewal fee specified insection 4725.34 of the Revised Code.
(I)(1) If the certificates issued by the board to an individual have expired and the individual has not filed a complete application during thelate renewal period, the individual's certificates shall be classified in theboard's records as delinquent.
(2) Any optometrist subject to delinquent classification may submit a written application to the board for reinstatement. For reinstatement tooccur, the applicant must meet all of the following conditions: (a) Submit to the board evidence of compliance with board rules requiring continuing optometric education in a sufficient number of hours tomake up for any delinquent compliance; (b) Pay the renewal fees for the year in which application for reinstatement is made and the reinstatement fee specified under division(A)(8) of 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 considersappropriate to determine whether the application for reinstatement should beapproved; (d) If the applicant has been practicing optometry in another state or country, submit evidence that the applicant's license to practice optometry inthe other state or country is in good standing.
(3) The board shall approve an application for reinstatement if the conditions specified in division (I)(2) of this section are met. An optometristwho receives reinstatement is subject to the continuing educationrequirements specified under division (B) of this section for the year inwhich reinstatement occurs.
Sec. 4725.23. (A) The state board of optometry shall investigate evidence that appears to show that a person has violated any provision ofsections 4725.01 to 4725.34 of the Revised Code or any rule adopted underthose sections. Investigations of alleged violations shall be supervised by themember of the board appointed by the board to act as the supervisingmember of investigations. The supervising member shall not participate inthe 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 theattendance of witnesses and production of books, accounts, papers, records,documents, and testimony. A subpoena for patient record information shallnot be issued without consultation with the attorney general's office andapproval of the secretary of the board and the board's supervising member ofinvestigations. Before issuance of a subpoena for patient record information,the secretary and supervising member shall determine whether there isprobable cause to believe that the complaint filed alleges a violation ofsections 4725.01 to 4725.34 of the Revised Code or any rule adopted underthose sections and that the records sought are relevant to the allegedviolation and material to the investigation. The subpoena may apply only torecords that cover a reasonable period of time surrounding the allegedviolation.
On failure to comply with any subpoena issued by the board and after reasonable notice to the person being subpoenaed, the board may move foran order compelling the production of persons or records pursuant to theRules 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 subpoenaissued by the board may be made by delivering a copy of the subpoena tothe person named therein, reading it to the person, or leaving it at theperson's usual place of residence. When the person being served is anoptometrist licensed under by this chapter, service of the subpoena may bemade by certified mail, restricted delivery, return receipt requested, and thesubpoena shall be deemed served on the date delivery is made or the datethe 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 thecourts 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 complaintswith the board. The board shall not make public the names or any otheridentifying information about patients or complainants unless properconsent is given.
The board may share any information it receives pursuant to an investigation, including patient records and patient record information, withother licensing boards and governmental agencies that are investigatingalleged professional misconduct and with law enforcement agencies andother governmental agencies that are investigating or prosecuting allegedcriminal offenses. A board or agency that receives the information shallcomply with the same requirements regarding confidentiality as those withwhich the state board of optometry must comply, notwithstanding anyconflicting provision of the Revised Code or procedure of the board oragency that applies when the board or agency is dealing with otherinformation in its possession. The information may be admitted intoevidence in a criminal trial in accordance with the Rules of Evidence, butthe court shall require that appropriate measures are taken to ensure thatconfidentiality is maintained with respect to any part of the information thatcontains names or other identifying information about persons whoseconfidentiality was protected by the state board of optometry when theinformation confidentiality that may be taken by the court include sealing its records ordeleting specific information from its records.
Sec. 4725.26. Division (A) of section 4725.02 of the Revised Code does (A) Physicians authorized to practice medicine and surgery or osteopathic medicine and surgery under Chapter 4731. of the Revised Code; (B) Persons who sell optical accessories but 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 this state and approved by the state board of optometry under section 4725.10 of theRevised Code who holds a valid current license to practice optometry from alicensing body in another jurisdiction and limits the practice of optometry tothe instruction of students enrolled in the school.
(D) A student at enrolled in a school of optometry, located in this or another state and approved by the board under section 4725.10 of theRevised Code, while enrolled the student is participating in this state in anoptometry training program and acting provided or sponsored by the school,if the student acts under the direct, personal supervision and control of anoptometrist licensed by the board or authorized to practice pursuant todivision (C) of this section.
(E) An individual who is licensed or otherwise specifically authorized by the Revised Code to engage in an activity that is included in the practiceof optometry.
(F) An individual who is not licensed or otherwise specifically authorized by the Revised Code to engage in an activity that is included inthe practice of optometry, but is acting pursuant to the rules for delegationof optometric tasks adopted under section 4725.09 of the Revised Code.
Sec. 4725.28. (A) As used in this section, "supplier" means any person who prepares or sells optical accessories or other vision correcting items,devices, or procedures.
(B) A licensed optometrist, on completion of a vision examination and diagnosis, shall give each patient for whom the optometrist prescribes anyvision correcting item, device, or procedure, one copy of the prescription,without additional charge to the patient. The prescription shall include thefollowing: (1) The date of its issuance;(2) Sufficient information to enable the patient to obtain from the supplier of the patient's choice, the optical accessory or other visioncorrecting item, device, or procedure that has been prescribed; (3) In the case of contact lenses, all information specified as part of a contact lens prescription, as defined in the "Fairness to Contact LensConsumers Act," 117 Stat. 2024 (2003), 15 U.S.C. 7610.
(C) Any supplier who fills a prescription for contact lenses furnished by an optometrist shall furnish the patient with written recommendations toreturn to the prescribing optometrist for evaluation of the contact lensfitting.
(D) Any supplier, including an optometrist who is a supplier, may advertise to inform the general public of the price that the supplier chargesfor any vision correcting item, device, or procedure. Any such advertisementshall specify the following: (1) Whether the advertised item includes an eye examination;(2) In the case of lenses, whether the price applies to single-vision or (3) In the case of contact lenses, whether the price applies to rigid or soft lenses and whether there is an additional charge related to the fitting anddetermination of the type of contact lenses to be worn that is not included inthe 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 aspermitted by division (D) of this section is superseded by division (D) ofthis section and is invalid. A municipal corporation code, ordinance, orregulation or a township resolution conflicts with division (D) of this sectionif it restricts a supplier's right to advertise as permitted by division (D) ofthis section.
Sec. 4725.40. As used in sections 4725.40 to 4725.59 of the Revised (A) "Optical aid" means an instrument or device 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 correcthuman vision and have been prescribed by a physician or optometristlicensed by any state to correct human vision, including spectacles,eyeglasses, contact lenses, and accessories. Contact; (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 designedfor 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 (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 suchprescription, to or for the intended wearer; duplicating lenses, other thancontact lenses, accurately as to power without a prescription; andduplicating nonprescription eyewear and parts of eyewear. "Opticaldispensing" does not include selecting frames, transacting a sale,transferring an optical aid to the wearer after an optician has completedfitting it, or providing instruction in the general care and use of an opticalaid, 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 Codethat authorizes the person to engage in optical dispensing. Nothing in thischapter shall be construed to permit a licensed dispensing optician to alterthe specifications of a prescription.
(D) "Licensed spectacle dispensing optician" means a licensed dispensing optician authorized to engage in the dispensing of optical aidsother than contact lenses.
(E) "Licensed contact lens dispensing optician" means a licensed dispensing optician authorized to engage only in the dispensing of contactlenses.
(F) "Licensed spectacle-contact lens dispensing optician" means a licensed dispensing optician authorized to engage in the dispensing of anyoptical 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 preparingan 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 inthe practice of designing, fabricating, and fitting artificial eyes or prosthesesassociated with the appearance or function of the human eye.
Sec. 4731.44. (A) As used in this section, "supplier" has the same meaning as in section 4725.28 of the Revised Code.
(B) An individual authorized under this chapter to practice medicine and surgery or osteopathic medicine and surgery, on completion of a visionexamination and diagnosis, shall give each patient for whom the individualprescribes any vision correcting item, device, or procedure, one copy of theprescription, without additional charge to the patient. The prescription shallinclude 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, orprocedure that has been prescribed; (3) In the case of contact lenses, all information specified as part of a contact lens prescription, as defined in the "Fairness to Contact LensConsumers Act," 117 Stat. 2024 (2003), 15 U.S.C. 7610.
(C) Any supplier who fills a prescription for contact lenses furnished by an individual authorized under this chapter to practice medicine and surgeryor osteopathic medicine and surgery shall furnish the patient with writtenrecommendations to return to the prescribing doctor for evaluation of thecontact lens fitting.
(D) Any supplier, including an individual authorized under this chapter to practice medicine and surgery or osteopathic medicine and surgery who isa supplier, may advertise to inform the general public of the price that thesupplier charges for any vision correcting item, device, or procedure. Anadvertisement of that nature shall specify the following: (1) Whether the price includes an eye examination;(2) In the case of lenses, whether the price applies to single-vision or (3) In the case of contact lenses, whether the price applies to rigid or soft lenses and whether there is an additional charge related to the fitting anddetermination of the type of contact lenses to be worn that is not included inthe 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 aspermitted by division (D) of this section is superseded by division (D) ofthis section and is invalid. A municipal corporation code, ordinance, orregulation or a township resolution conflicts with division (D) of this sectionif it restricts a supplier's right to advertise as permitted by division (D) ofthis section.
SECTION 2. That existing sections 4725.01, 4725.09, 4725.16, 4725.23, 4725.26, 4725.28, 4725.40, and 4731.44 of the Revised Code are herebyrepealed.
Speaker __________________ of the House of Representatives. President __________________ of the Senate. Approved _________________________, 20____ The section numbering of law of a general and permanent nature is complete and in conformity with the Revised Code.
Director, Legislative Service Commission. Filed in the office of the Secretary of State at Columbus, Ohio, on the ____ day of ____________, A. D. 20____.

Source: http://www.legislature.state.oh.us/BillText127/127_HB_149_EN_N.pdf

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