Bill Text: OH HB258 | 2013-2014 | 130th General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Regarding licensed spectacle dispensing opticians.

Spectrum: Moderate Partisan Bill (Republican 18-3)

Status: (Passed) 2014-12-19 - Governor' Action [HB258 Detail]

Download: Ohio-2013-HB258-Comm_Sub.html
As Reported by the Senate Medicaid, Health and Human Services Committee

130th General Assembly
Regular Session
2013-2014
Sub. 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 sections 4725.40 and 4725.51 and to enact 1
section 4725.411 of the Revised Code regarding 2
licensed spectacle dispensing opticians.3


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

       Section 1. That sections 4725.40 and 4725.51 be amended and 4
section 4725.411 of the Revised Code be enacted to read as 5
follows:6

       Sec. 4725.40.  As used in sections 4725.40 to 4725.59 of the 7
Revised Code:8

       (A) "Optical aid" means both of the following:9

       (1) Spectacles or other instruments or devices that are not 10
contact lenses, if the spectacles or other instruments or devices 11
may aid or correct human vision and have been prescribed by a 12
physician or optometrist licensed by any state;13

       (2) Contact lenses, regardless of whether they address visual 14
function, if they are designed to fit over the cornea of the eye 15
or are otherwise designed for use in or on the eye or orbit.16

        All contact lenses shall be dispensed only in accordance with 17
a valid written prescription designated for contact lenses, 18
including the following:19

       (a) Zero-powered plano contact lenses;20

       (b) Cosmetic contact lenses;21

       (c) Performance-enhancing contact lenses;22

       (d) Any other contact devices determined by the Ohio optical 23
dispensers board to be contact lenses.24

       (B) "Optical dispensing" means interpreting but not altering 25
a prescription of a licensed physician or optometrist and 26
designing, adapting, fitting, or replacing the prescribed optical 27
aids, pursuant to such prescription, to or for the intended 28
wearer; duplicating lenses, other than contact lenses, accurately 29
as to power without a prescription; and duplicating 30
nonprescription eyewear and parts of eyewear. "Optical dispensing" 31
does not include selecting frames, transacting a sale, 32
transferring an optical aid to the wearer after an optician has 33
completed fitting it, or providing instruction in the general care 34
and use of an optical aid, including placement, removal, hygiene, 35
or cleaning.36

       (C) "Licensed dispensing optician" means a person holding a 37
current, valid license issued under sections 4725.47 to 4725.51 of 38
the Revised Code that authorizes the person to engage in optical 39
dispensing. Nothing in this chapter shall be construed to permit a 40
licensed dispensing optician to alter the specifications of a 41
prescription.42

       (D) "Licensed spectacle dispensing optician" means a licensed 43
dispensing optician authorized to engage in both of the following:44

       (1) The dispensing of optical aids other than contact lenses;45

       (2) The dispensing of prepackaged soft contact lenses in 46
accordance with section 4725.411 of the Revised Code.47

       (E) "Licensed contact lens dispensing optician" means a 48
licensed dispensing optician authorized to engage only in the 49
dispensing of contact lenses.50

       (F) "Licensed spectacle-contact lens dispensing optician" 51
means a licensed dispensing optician authorized to engage in the 52
dispensing of any optical aid.53

       (G) "Apprentice" means any person dispensing optical aids 54
under the direct supervision of a licensed dispensing optician.55

       (H) "Prescription" means the written or verbal directions or 56
instructions as specified by a physician or optometrist licensed 57
by any state for preparing an optical aid for a patient.58

       (I) "Supervision" means the provision of direction and 59
control through personal inspection and evaluation of work.60

       (J) "Licensed ocularist" means a person holding a current, 61
valid license issued under sections 4725.48 to 4725.51 of the 62
Revised Code to engage in the practice of designing, fabricating, 63
and fitting artificial eyes or prostheses associated with the 64
appearance or function of the human eye.65

       Sec. 4725.411. Beginning January 1, 2016, a licensed 66
spectacle dispensing optician may dispense prepackaged soft 67
contact lenses if the only action necessary is to match the 68
description of the contact lenses that is on the packaging to a 69
written prescription.70

       Sec. 4725.51.  (A) Each license issued under sections 4725.40 71
to 4725.59 of the Revised Code shall expire on the first day of 72
January in the year after it was issued. Each person holding a 73
valid, current license may apply to the Ohio optical dispensers 74
board for the extension of the license under the standard renewal 75
procedures of Chapter 4745. of the Revised Code. Each application 76
for renewal shall be accompanied by a renewal fee the board shall 77
establish by rule and. In addition, the application shall contain 78
evidence that the applicant has completed a continuing education 79
program within the immediately preceding one-year period as 80
follows:81

       (1) Licensed spectacle dispensing opticians shall have 82
pursued four hoursboth of study in spectacle dispensingthe 83
following, approved by the board:84

       (a) Four hours of study in spectacle dispensing;85

       (b) Two hours of study in the form of contact lens dispensing 86
described in section 4725.411 of the Revised Code.87

       (2) Licensed contact lens dispensing opticians shall have 88
pursued eight hours of study in contact lens dispensing, approved 89
by the board.90

       (3) Licensed spectacle-contact lens dispensing opticians 91
shall have pursued coursesboth of study under divisions (A)(1) 92
and (2) of this sectionthe following, approved by the board:93

       (a) Four hours of study in spectacle dispensing;94

       (b) Eight hours of study in contact lens dispensing.95

       (4) Licensed ocularists shall have pursued courses of study 96
as prescribed by rule of the board.97

       (B) No person who fails to renew the person's license under 98
division (A) of this section shall be required to take a 99
qualifying examination under section 4725.48 of the Revised Code 100
as a condition of renewal, provided that the application for 101
renewal and proof of the requisite continuing education hours are 102
submitted within ninety days from the date the license expired and 103
the applicant pays the annual renewal fee and a penalty of 104
seventy-five dollars. The board may provide, by rule, for an 105
extension of the grace period for licensed dispensing opticians 106
who are serving in the armed forces of the United States or a 107
reserve component of the armed forces of the United States, 108
including the Ohio national guard or the national guard of any 109
other state and for waiver of the continuing education 110
requirements or the penalty in cases of hardship or illness.111

       (C) The board shall approve continuing education programs and 112
shall adopt rules as necessary for approving the programs. 113
Approved programs shall be scheduled, sponsored, and conducted in 114
accordance with the board's rules.115

       Section 2. That existing sections 4725.40 and 4725.51 of the 116
Revised Code are hereby repealed.117

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