Revise the law governing the practice of optometry

S. B. No. 36 IN

As Introduced

CORRECTED
VERSION

136th
General Assembly

Regular
Session
S. B. No. 36

2025-2026

Senators Cirino, Lang

A
BILL

To
amend sections 4725.01, 4725.011, 4725.02, 4725.09, 4725.11, 4725.12,
4725.121, 4725.13, 4725.15, 4725.16, 4725.18, 4725.19, 4725.20,
4725.21, 4725.23, 4725.231, 4725.24, 4725.25, 4725.26, 4725.27,
4725.31, 4725.34, 4725.35, 4725.501, 4725.531, and 4725.59, to enact
section 4725.012, and to repeal section 4725.131 of the Revised Code

to
revise the law governing the practice of optometry.

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

Section
1.
That
sections 4725.01, 4725.011, 4725.02, 4725.09, 4725.11, 4725.12,
4725.121, 4725.13, 4725.15, 4725.16, 4725.18, 4725.19, 4725.20,
4725.21, 4725.23, 4725.231, 4725.24, 4725.25, 4725.26, 4725.27,
4725.31, 4725.34, 4725.35, 4725.501, 4725.531, and 4725.59 be amended
and section 4725.012 of the Revised Code be enacted to read as
follows:

Sec.
4725.01.
As
used in
this
chapter
sections
4725.01 to 4725.35 of the Revised Code
:

(A)
The "practice of optometry" means all of the following:

(1)

The
application of
Applying

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)
Employing, applying, administering, and prescribing instruments,
devices, and procedures,
other
than
excluding

invasive
procedures

except as provided in division (A)(4) of this section or as provided
in section 4725.012 of the Revised Code
,
for
purpose

purposes

of
examination, investigation, diagnosis, treatment, or prevention of
any disease, injury, or other
abnormal

condition
of the visual system;

(3)

Employing,
applying, administering, and prescribing topical ocular
pharmaceutical agents;

(4)

Employing,
applying, administering, and prescribing therapeutic pharmaceutical
agents

or personally furnishing a complete or partial supply of a
therapeutic pharmaceutical agent
;

(5)

(4)
Administering epinephrine by injection to individuals in emergency
situations to counteract anaphylaxis or anaphylactic shock;

(5)
Engaging in activities authorized by sections 4725.011 and 4725.012
of the Revised Code;

(6)
Designing, fabricating, and fitting artificial eyes or prostheses
associated with the appearance or function of the human eye;

(7)

Assisting
an individual in determining the individual's blood glucose level by
using a commercially available glucose-monitoring device. Nothing in
this section precludes a licensed optometrist from using any
particular type of commercially available glucose-monitoring device
;

(6)
Designing, fabricating, and fitting artificial eyes or prostheses
associated with the appearance or function of the human eye
.

(B)

"Topical
ocular pharmaceutical agent" means a drug or dangerous drug that
is a topical drug and used for evaluative purposes in the practice of
optometry or for purposes of examination, investigation, diagnosis,
treatment, or prevention of any disease, injury, or other abnormal
condition of the visual system.

(C)

"Therapeutic
pharmaceutical agent" means a drug or dangerous drug that is
used for
evaluation,

examination,
investigation, diagnosis, treatment, or prevention of any disease,
injury, or other
abnormal

condition
of the visual system in the practice of optometry by a licensed
optometrist
,
and is any of the following:

(1)
An oral drug or dangerous drug in one of the following
classifications:

(a)
Anti-infectives, including antibiotics, antivirals, antimicrobials,
and antifungals;

(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
prescription but are not controlled substances, and, to the extent
.
"Therapeutic pharmaceutical agent" does not include a
controlled substance, except in the case of an analgesic controlled
substance
authorized
by the state vision professionals board in rules adopted under
section 4725.091 of the Revised Code
,
analgesic controlled substances;

(e)
Anti-inflammatories, excluding all drugs or dangerous drugs
classified as oral steroids other than methylpredisolone, except that
methylpredisolone may be used only if it is prescribed under all of
the following conditions:

(i)
For use in allergy cases;

(ii)
For use by an individual who is eighteen years of age or older;

(iii)
On the basis of an individual's particular episode of illness;

(iv)
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.
Notwithstanding any provision of this section to the contrary,
administration of epinephrine in 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,
exempt from approval, certified, or exempt from certification by the
federal food and drug administration for ophthalmic purposes and the
drug or dangerous drug is specified in rules adopted by the board
under section 4725.09 of the Revised Code
.

(D)

(C)

"Controlled
substance" has the same meaning as in section 3719.01 of the
Revised Code.

(E)

(D)

"Drug"
and "dangerous drug" have the same meanings as in section
4729.01 of the Revised Code.

(F)

(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.

(G)

(F)

"Visual
system" means the human eye
,
its associated structures,

and its accessory or subordinate anatomical parts.

(H)
"Certificate of licensure" means a certificate issued by
the board under section 4725.13 of the Revised Code authorizing the
holder to engage in the practice of optometry.

Sec.
4725.011.
In
prescribing and dispensing vision correction devices, a
A

licensed
optometrist may
employ,
apply, administer,
prescribe

and
,
or

dispense any device that
has
vision correction as its primary purpose but also combines with that
purpose the delivery of
may
be used for the purpose of delivering
a

drug
or dangerous drug
therapeutic
pharmaceutical agent
through
the device
,
if the drug delivered by the device would otherwise be a topical
ocular pharmaceutical agent or oral therapeutic pharmaceutical agent
.
Devices
authorized
by
to
which
this
section
applies

include,
but are not limited to,
vision-correcting

the
following:
contact
lenses

that deliver such drugs or dangerous drugs
;
punctal plugs; ocular inserts; and medical devices that the state
vision professionals board determines are appropriate for use in the
practice of optometry
.

Sec.
4725.012.
(A)
Subject to division (C) of this section, a licensed optometrist may
employ, apply, administer, or prescribe any of the following
procedures for purposes of examination, investigation, diagnosis,
treatment, or prevention of any disease, injury, or other condition
of the visual system:

(1)
Any injection, other than an intravenous or intraocular injection, of
a drug or dangerous drug, except that this section does not apply to
epinephrine injections authorized under division (A)(4) of section
4725.01 of the Revised Code;

(2)
The incision and curettage of a chalazion;

(3)
The removal and biopsy of a skin lesion if the lesion has a low risk
of malignancy and does not involve the eyelid margin;

(4)
The excision or drainage, or both, of a conjunctival cyst or
concretion;

(5)
Any suturing other than corneal and scleral suturing;

(6)
A laser surgery consisting of capsulotomy, trabeculoplasty, or
peripheral iridotomy.

(B)
The state vision professionals board shall adopt as necessary rules
governing the performance of procedures described in division (A) of
this section. The rules shall be adopted in accordance with Chapter
119. of the Revised Code and shall specify both of the following:

(1)
The infection control practices to be followed by a licensed
optometrist when performing each procedure described in division (A)
of this section;

(2)
The training requirements that a licensed optometrist must satisfy in
order to be eligible to perform each procedure described in division
(A) of this section.

For
purposes of a procedure described in division (A)(6) of this section,
the training shall consist of at least thirty-two hours of
instruction. For all other procedures described in division (A) of
this section, the board shall determine the minimum number of hours
of instruction.

(C)
To be eligible to employ, apply, administer, or prescribe any of the
procedures described in division (A) of this section, a licensed
optometrist shall demonstrate to the state vision professionals
board, in a manner prescribed by the board, that the optometrist
satisfies for that procedure the training requirements established in
rules adopted under division (B) of this section.

For
purposes of a procedure described in division (A)(6) of this section,
a licensed optometrist may demonstrate that the optometrist satisfies
the training requirements for the procedure by providing to the board
evidence of successfully completing such training while enrolled in a
school of optometry approved by the board under section 4725.10 of
the Revised Code.

Sec.
4725.02.
(A)

Except
as provided in section 4725.26 of the Revised Code, no person shall
engage in the practice of optometry, including the determination of
the kind of procedure, treatment, or optical accessories needed by a
person or the examination of the eyes of any person for the purpose
of fitting the same with optical accessories, unless the person holds
a current, valid certificate of licensure
to
practice optometry
from
the state vision professionals board. No person shall claim to be the
lawful holder of a certificate of licensure
to
practice optometry
when
in fact the person is not such lawful holder, or impersonate any
licensed optometrist.

(B)
No optometrist shall personally furnish a therapeutic pharmaceutical
agent to any person, except that a licensed optometrist may
personally furnish a therapeutic pharmaceutical agent to a patient if
no charge is imposed for the agent or for furnishing it and the
amount furnished does not exceed a seventy-two hour supply, except
that if the minimum available quantity of the agent is greater than a
seventy-two hour supply, the optometrist may furnish the minimum
available quantity.

Sec.
4725.09.
(A)
The state vision professionals board shall adopt rules as it
considers necessary to govern the practice of optometry and to
administer and enforce sections 4725.01 to
4725.34

4725.35

of
the Revised Code. All rules adopted under those sections 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 any oral drugs or dangerous drugs that are
therapeutic pharmaceutical agents under division (C)(3) of section
4725.01 of 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
optometrist of the performance of an optometric task to a person who
is not licensed or otherwise specifically authorized by the Revised
Code to perform the task. The rules shall permit an optometrist to
delegate the administration of drugs included in the optometrist's
scope of practice.

The
rules adopted under this division shall provide for all of the
following:

(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 supervision requirement with respect to routine
administration of a topical drug;

(2)
Evaluation of whether delegation is appropriate according to the
acuity of the patient involved;

(3)
Training and competency requirements that must be met by the person
administering the drugs;

(4)
Other standards and procedures the board considers relevant.

(D)

(C)

The
board shall adopt rules establishing criminal records checks
requirements for applicants under section 4776.03 of the Revised
Code.

Sec.
4725.11.
(A)
The state vision professionals board shall accept as the examination
that must be passed to receive a
license

certificate
of licensure
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

licensure

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.
4725.12.
(A)
Each person who desires to commence the practice of optometry in the
state shall file with the executive director of the state vision
professionals board an application for a certificate of licensure

to practice optometry
.
The application shall be accompanied by the
application

fee
specified under section 4725.34 of the Revised Code and shall contain
all information the board considers necessary to determine whether an
applicant is qualified to receive the certificate of licensure. The
application shall be made upon the form prescribed by the board and
shall be verified by the oath of the applicant.

(B)
To receive a certificate of licensure

to practice optometry
,
an applicant must meet all of the following conditions:

(1)
Be at least eighteen years of age;

(2)
Complete satisfactorily a course of study of at least six college
years;

(3)
Graduate from a school of optometry approved by the board under
section 4725.10 of the Revised Code;

(4)
Pass the licensing examination accepted by the board under section
4725.11 of the Revised Code.

Sec.
4725.121.
(A)
As used in this section, "license" and "applicant for
an initial license" have the same meanings as in section 4776.01
of the Revised Code, except that "license" as used in both
of those terms refers to the types of authorizations otherwise issued
or conferred under
this
chapter
sections
4725.01 to 4725.35 of the Revised Code
.

(B)
In addition to any other eligibility requirement set forth in
this
chapter
sections
4725.01 to 4725.35 of the Revised Code
,
each applicant for an initial license shall comply with sections
4776.01 to 4776.04 of the Revised Code. The state vision
professionals board shall not grant a license to an applicant for an
initial license unless the applicant complies with sections 4776.01
to 4776.04 of the Revised Code.

Sec.
4725.13.
(A)
The state vision professionals board, by an affirmative vote of a
majority of its members, shall issue
under
its seal
a
certificate of licensure authorizing the holder to engage in the
practice of optometry
under
its seal
to
every applicant who passes all parts 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

4725.34

4725.35

of
the Revised Code.

(B)
Each person to whom a certificate of licensure is issued pursuant to
this section by the board shall keep the certificate of licensure
displayed in a conspicuous place in the location at which that person
practices optometry and shall whenever required exhibit the
certificate of licensure to any member or agent of the board. If an
optometrist practices outside of or away from the location at which
the optometrist's certificate of licensure is displayed, the
optometrist shall deliver
,

to each person examined or fitted with optical accessories by the
optometrist, a receipt signed by the optometrist in which the
optometrist shall set forth the amounts charged, the optometrist's
post-office address, and the number assigned to the optometrist's
certificate of licensure. The information may be provided as part of
a prescription given to the person.

(C)
Chapter 4796. of the Revised Code does not apply to certificates
issued under division (A)(2) or (3) of this section.

Sec.
4725.15.
If
the state vision professionals board 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 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.
4725.16.
(A)(1)
Each certificate of licensure
for
the
to

practice

of

optometry
issued by the state vision professionals board shall expire on the
last day of December of each even-numbered year, and may be renewed
in accordance with this section and the standard renewal procedure
established under Chapter 4745. of the Revised Code.

(2)
An optometrist seeking to continue to practice optometry shall file
with the board an application for
license

renewal

of the optometrist's certificate of licensure
.
The application shall be in such form and require such pertinent
professional biographical data as the board may require.

(3)(a)
Except as provided in division (A)(3)(b) of this section, in the case
of an optometrist seeking renewal who prescribes or personally
furnishes analgesic controlled substances authorized pursuant to
section 4725.091 of the Revised Code that are opioid analgesics, as
defined in section 3719.01 of the Revised Code, the optometrist shall
certify to the board whether the optometrist has been granted access
to the drug database established and maintained by the state board of
pharmacy pursuant to section 4729.75 of the Revised Code.

(b)
The requirement in division (A)(3)(a) of this section does not apply
if any of the following is the case:

(i)
The state board of pharmacy notifies the state vision professionals
board pursuant to section 4729.861 of the Revised Code that the
license holder has been restricted from obtaining further information
from the drug database.

(ii)
The state board of pharmacy no longer maintains the drug database.

(iii)
The license holder does not practice optometry in this state.

(c)
If an optometrist certifies to the state vision professionals board
that the optometrist has been granted access to the drug database and
the board finds through an audit or other means that the optometrist
has not been granted access, the board may take action under section
4725.19 of the Revised Code.

(B)
All licensed optometrists shall complete continuing education in
subjects relating to the practice 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
the continuing optometric education that licensed optometrists must
complete. The length of study shall be fifty clock hours each
biennial licensing period, including twenty clock hours of
instruction in pharmacology

to be completed by all licensed optometrists
.

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 biennial licensing period beginning on
the first day of January of each odd-numbered year and ending on the
last day of December of each even-numbered year. If the board
receives notice from a continuing education program indicating that
an optometrist completed the program after the last day of December
of an even-numbered year, and the optometrist wants to use the
continuing education completed after that day to renew the

license
certificate
of licensure
,
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 post on its web site and shall
mail, or send by electronic 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 executive
director of the board shall supply a list of additional courses that
the board has approved subsequent to the most recent web site
posting, electronic mail transmission, or mailing of the list of
approved courses.

(C)(1)
Not later than the first day of November of each even-numbered year,
the board shall mail or send by electronic mail a notice regarding
license renewal to each licensed optometrist who may be eligible for
renewal. The notice shall be sent to the optometrist's most recent
electronic mail or mailing address shown in the board's records. If
the board knows that the optometrist has completed the required
continuing optometric education for the biennium, the board may
include with the notice an application for license renewal.

(2)
Filing a license renewal application with the board shall serve as
notice by the optometrist that the continuing optometric education
requirement has been successfully completed. If the board finds that
an optometrist has not completed the required continuing optometric
education, the board shall disapprove the optometrist's application.
The board's disapproval of renewal is effective without a hearing,
unless a hearing is requested pursuant to Chapter 119. of the Revised
Code.

(3)
The board shall refuse to accept an application for renewal from any
applicant whose
license

certificate
of licensure
is
not in good standing or who is under disciplinary review pursuant to
section 4725.19 of the Revised Code.

(4)
Notice of an applicant's failure to qualify for renewal shall be
served upon the applicant by mail to the applicant's last address
shown 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
optometric education, except that in such cases the board may not
waive or defer the continuing education in pharmacology

required to be completed by optometrists
.
The board shall waive the requirement of continuing optometric
education for any optometrist who is serving on active duty in the
armed forces of the United States or a reserve component of the armed
forces of the United States, including the Ohio national guard or the
national guard of any other state or who has received an initial
certificate of licensure during the nine-month period which ended on
the last day of December of an even-numbered year.

(E)
An optometrist whose renewal application has been approved may renew
the
license

certificate
of licensure
held
by paying to the treasurer of state the
fee
for
renewal

fee

specified
under section 4725.34 of the Revised Code. On payment of
all
applicable fees
the
renewal fee
,
the board shall issue a renewal of the optometrist's certificate of
licensure.

(F)
Not later than the fifteenth day of January of each odd-numbered
year, the board shall mail or send by electronic mail a second notice
regarding license renewal to each licensed optometrist who may be
eligible 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 most recent electronic mail or mailing address shown in
the board's records. If an optometrist fails to file a renewal
application after the second notice is sent, the board shall send a
third notice regarding license renewal prior to any action under
division (I) of this section to classify the optometrist's
license

certificate
of licensure
as
expired.

(G)
The failure of an optometrist to apply for license renewal or the
failure to pay the
applicable

renewal
fee on or before the date of expiration
,

shall automatically work a forfeiture of the optometrist's authority
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 January of
the odd-numbered year next succeeding the date of expiration. An
individual who submits such a late renewal application or fee shall
pay the late renewal fee specified in section 4725.34 of the Revised
Code.

(I)(1)
If the
date
of
expiration

date

of

a

an
individual's
certificate
of licensure
issued
by the board to an individual
has
passed and the individual has not filed
with
the board
a
complete application during the late renewal period, the individual's
certificate
of
licensure
shall
be classified in the board's records as expired.

(2)
Any optometrist whose certificate of licensure has been classified as
expired may submit an application to the board for reinstatement. For
reinstatement to occur, 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 to
make up for any delinquent compliance;

(b)
Pay the renewal
fees

fee

for
the biennium in which application for reinstatement is made;

(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 (I)(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

biennium

in
which reinstatement occurs.

Sec.
4725.18.
(A)
The state vision professionals board may issue
,
by endorsement,

a certificate of licensure
by
endorsement
to
practice optometry
to
an individual licensed as an optometrist by a Canadian province if
the board determines that the province has standards for the practice
of optometry that are at least as stringent as the standards
established under sections 4725.01 to
4725.34

4725.35

of
the Revised Code and the individual meets the conditions specified in
division (B) of this section. The certificate of licensure may be
issued only by an affirmative vote of a majority of the board's
members.

(B)
An individual seeking a certificate of licensure pursuant to division
(A) of this section shall submit an application to the board. To
receive the certificate of licensure, an applicant must meet all of
the following conditions:

(1)
Meet the same qualifications that an individual must meet under
divisions (B)(1) to (3) of section 4725.12 of the Revised Code to
receive a certificate of licensure under that section;

(2)
Be licensed to practice optometry by a Canadian province that
requires passage of a written, entry-level examination at the time of
initial licensure;

(3)
Be licensed in good standing by the optometry licensing agency of the
province, evidenced by submission of a letter from the licensing
agency of the province attesting to the applicant's good standing;

(4)
Provide the board with certified reports from the optometry licensing
agencies of all provinces in which the applicant is licensed or has
been licensed to practice optometry describing all past and pending
actions taken by those agencies with respect to the applicant's
authority to practice optometry in those jurisdictions, including
such actions as investigations, entering into consent agreements,
suspensions, revocations, and refusals to issue or renew a license;

(5)
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;

(6)
Pay the nonrefundable application fee established under section
4725.34 of the Revised Code for a certificate of licensure;

(7)
Submit all transcripts, reports, or other information the board
requires;

(8)
Participate in a two-hour instruction session provided by the board
on the optometry statutes and rules of this state or pass an Ohio
optometry jurisprudence test administered by the board;

(9)
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 under this section;

(10)
Not have been previously denied issuance of a certificate of
licensure by the board.

(C)
The board shall issue a certificate of licensure in accordance with
Chapter 4796. of the Revised Code to an applicant if either of the
following applies:

(1)
The applicant holds a certificate or license in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter in the practice of optometry in a state that does not issue
that license or certificate.

Sec.
4725.19.
(A)
In accordance with Chapter 119. of the Revised Code and by an
affirmative vote of a majority of its members, the state vision
professionals board, for any of the reasons specified in division (B)
of this section, shall refuse to grant a certificate of licensure to
practice optometry to an applicant and may, with respect to a
licensed optometrist, do one or more of the following:

(1)
Suspend the operation of
any

a

certificate
of licensure granted by it to the optometrist;

(2)
Permanently revoke the certificate of licensure;

(3)
Limit or otherwise place restrictions on the certificate of
licensure;

(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.

(6)
Require the optometrist to take corrective action courses
.

The

.
The
amount
and content of corrective action courses shall be established by the
board in rules adopted under section 4725.09 of the Revised Code.

(B)
Except as provided in division (E) of this section, the sanctions
specified in division (A) of this section may be taken by the board
for any of the following reasons:

(1)
Committing fraud in passing the licensing examination or making false
or purposely misleading statements in an application for a
certificate of licensure;

(2)
Being at any time guilty of immorality, regardless of the
jurisdiction in which the act was committed;

(3)
Being guilty of dishonesty or unprofessional 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
a

the
optometrist's
certificate
of licensure

issued by the board
;

(7)
Engaging in the practice of optometry
as
provided in section 4725.01 of the Revised Code
when
the
optometrist's

certificate
of licensure
authorizing
that practice
is
under suspension, in which case the board shall permanently revoke
the certificate of licensure;

(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;

(11)
Advertising a price of optical accessories, eye examinations, or
other products or services by any means that would deceive or mislead
the public;

(12)
Being addicted to the use of alcohol, stimulants, narcotics, or any
other substance
which

that

impairs
the intellect and judgment to such an extent as to hinder or diminish
the performance of the duties included in the person's practice of
optometry;

(13)

Engaging
in the practice of optometry as provided in section 4725.01 of the
Revised Code without authority to do so or, if authorized, in a
manner inconsistent with the authority granted;

(14)

Failing
to make a report to the board as required by division (A) of section
4725.21 or section 4725.31 of the Revised Code;

(15)

(14)

Soliciting
patients from door to door or establishing temporary offices, in
which case the board shall suspend the
optometrist's

certificate
of licensure

held by the optometrist
;

(16)

(15)

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
optometrist.

(b)
Advertising that 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.

(17)

(16)

Failing
to comply with the requirements
in

of

section
3719.061 of the Revised Code before issuing for a minor a
prescription for an analgesic controlled substance authorized
pursuant to section 4725.091 of the Revised Code that is an opioid
analgesic, as defined in section 3719.01 of the Revised Code;

(18)

(17)

Violating
the rules adopted under section 4725.66 of the Revised Code;

(19)

(18)

A
pattern of continuous or repeated violations of division (E)(2) or
(3) of section 3963.02 of the Revised Code.

(C)
Any person who is the
holder
of a certificate of licensure, or who is an applicant for a
certificate of licensure against whom is preferred any charges,

subject
of a proposed action under division (A) of this section
shall
be furnished by the board with a copy of the
complaint

board's
order proposing the action
and
shall have a hearing before the board in accordance with Chapter 119.
of the Revised Code.

(D)
Sanctions shall not be imposed under division
(B)(16)

(B)(15)

of
this section against any 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 copayments shall be made
only with the full knowledge and consent of the plan purchaser,
payer, and third-party administrator. Documentation of the consent
shall be made available to the board upon request.

(2)
For professional services rendered to any other optometrist licensed
by the board, to the extent allowed by sections 4725.01 to
4725.34

4725.35

of
the Revised Code and the rules of the board.

(E)
The board shall not refuse to grant a certificate of licensure to
practice optometry to an applicant because of a conviction of or plea
of guilty to an offense unless the refusal is in accordance with
section 9.79 of the Revised Code.

(F)
If a violation described in this section has caused, is causing, or
is about to cause substantial and material harm, the board may issue
an order requiring that person to cease and desist from engaging in
the violation. Notice of the order shall be mailed by certified mail,
return receipt requested, immediately after its issuance to the
person subject to the order and to all persons known to be involved
in the violation. The board may thereafter publicize or otherwise
make known to all interested parties that the order has been issued.

The
notice shall specify the particular act, omission, practice, or
transaction that is subject to the cease-and-desist order and shall
set a date, not more than fifteen days after the date of the order,
for a hearing on the continuation or revocation of the order. The
person shall comply with the order immediately upon receipt of notice
of the order.

The
board may, on the application of a party and for good cause shown,
continue the hearing. Chapter 119. of the Revised Code applies to the
hearing to the extent that that chapter does not conflict with the
procedures set forth in this section. The board shall, within fifteen
days after objections are submitted to the hearing officer's report
and recommendation, issue a final order either confirming or revoking
the cease-and-desist order. The final order may be appealed as
provided under section 119.12 of the Revised Code.

The
remedy under this division is cumulative and concurrent with the
other remedies available under this section.

Sec.
4725.20.
On
receipt of a notice pursuant to section 3123.43 of the Revised Code,
the state vision professionals board shall comply with sections
3123.41 to 3123.50 of the Revised Code and any applicable rules
adopted under section 3123.63 of the Revised Code with respect to a
certificate of licensure
to
practice optometry
issued
by the board under this chapter.

Sec.
4725.21.
(A)
If an optometrist licensed by the state vision professionals board
has reason to believe that another optometrist licensed currently or
previously by the board has engaged in any course of treatment or
other services to a patient that constitutes unprofessional conduct
under section 4725.19 of the Revised Code, or has an addiction
subject to board action under section 4725.19 of the Revised Code,
the optometrist shall make a report to the board.

(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

4725.35

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 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.
4725.23.
(A)
The state vision professionals board shall investigate evidence that
appears to show that a person has violated any provision of sections
4725.01 to
4725.34

4725.35

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

4725.35

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 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 under section 119.094 of
the Revised Code.

(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.

The
board may share any information it receives pursuant to an
investigation, including patient records and patient record
information, with other licensing boards and governmental agencies
that are investigating alleged professional misconduct and with law
enforcement agencies and other governmental agencies that are
investigating or prosecuting alleged criminal offenses. A board or
agency that receives the information shall comply with the same
requirements regarding confidentiality as those with which the state
vision professionals board must comply, notwithstanding any
conflicting provision of the Revised Code or procedure of the board
or agency that applies when the board or agency is dealing with other
information in its possession. The information may be admitted into
evidence in a criminal trial in accordance with the Rules of
Evidence, but the court shall require that appropriate measures are
taken to ensure that confidentiality is maintained with respect to
any part of the information that contains names or other identifying
information about persons whose confidentiality was protected by the
state vision professionals board when the information was in the
board's possession. Measures to ensure confidentiality that may be
taken by the court include sealing its records or deleting specific
information from its records.

Sec.
4725.231.
The
state vision professionals board may issue a cease-and-desist order
against any person engaging in the practice of optometry without
having received a license under sections 4725.01 to
4725.34

4725.35

of
the Revised Code that the board reasonably suspects has violated, is
currently violating, or is about to violate this chapter. The board's
authority to issue a cease-and-desist order under this section is in
addition to any action the board may take under section 4725.23 of
the Revised Code.

Sec.
4725.24.
If
the secretary of the state vision professionals board 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. 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 serve a written order of suspension in accordance with
sections 119.05 and 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

section

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.
4725.25.
Sections
4725.01 to
4725.34

4725.35

of
the Revised Code do not confer on an optometrist the title of medical
doctor, physician, surgeon, oculist, ophthalmologist, or any other
word or abbreviation indicating that the optometrist is engaged in
the practice of medicine.

Sec.
4725.26.
Division
(A) of section
Section

4725.02
of the Revised Code does not apply to the following:

(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)
A nonresident instructor in a school of optometry that is located in
this state and approved by the state vision professionals board under
section 4725.10 of the Revised Code who holds a valid current license
to practice optometry from a licensing body in another jurisdiction
and limits the practice of optometry to the instruction of students
enrolled in the school. The state vision professionals board shall
not require a nonresident instructor who holds a license in another
state to obtain a license in accordance with Chapter 4796. of the
Revised Code to practice optometry in the manner described under this
division.

(D)
A student enrolled in a school of optometry, located in this or
another state and approved by the board under section 4725.10 of the
Revised Code, while the student is participating in this state in an
optometry training program provided or sponsored by the school, if
the student acts 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.

(E)
An individual who is licensed or otherwise specifically authorized by
the Revised Code to engage in an activity that is included in the
practice of optometry.

(F)
An individual who is not licensed or otherwise specifically
authorized by the Revised Code to engage in an activity that is
included in the practice of optometry, but is acting pursuant to the
rules for delegation of optometric tasks adopted under section
4725.09 of the Revised Code.

(G)
A nonresident individual who holds in good standing a valid license
to practice optometry from a licensing body in another jurisdiction
and is practicing as a volunteer without remuneration during a
charitable event that lasts not more than seven days.

When
an individual meets the conditions of this division, the individual
shall be deemed to hold, during the course of the charitable event, a
license to practice optometry from the state vision professionals
board and shall be subject to the provisions of this chapter
authorizing the board to take disciplinary action against a license
holder. Not less than seven calendar days before the first day of the
charitable event, the individual or the event's organizer shall
notify the board of the individual's intent to engage in the practice
of optometry at the event. During the course of the charitable event,
the individual's scope of practice is limited to the procedures that
an optometrist licensed under this chapter is authorized to perform
unless the individual's scope of practice in the other jurisdiction
is more restrictive than in this state. If the latter is the case,
the individual's scope of practice is limited to the procedures that
an optometrist in the other jurisdiction may perform.

The
board shall not require a nonresident individual who holds a license
in another state to obtain a license in accordance with Chapter 4796.
of the Revised Code to practice optometry as a volunteer in the
manner described under this division.

Sec.
4725.27.
The
testimony and reports of an optometrist licensed by the state vision
professionals board under this chapter shall be received by
All
of the following apply to
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
:

(A)
The board, body, agency, official, or institution shall receive the
testimony and reports of an optometrist licensed by the state vision
professionals board

as competent evidence with respect to any matter within the scope of
the practice of optometry.
No
such

(B)
The
board,
body, agency, official, or institution shall
not

interfere
with any individual's right to a free choice of receiving services
from either an optometrist or a physician.
No
such

(C)
The
board,
body, agency, official, or institution shall
not

discriminate
against an optometrist performing procedures that are included in the
practice of optometry

as provided in section 4725.01 of the Revised Code if the optometrist
is licensed under this chapter to perform those procedures
.

Sec.
4725.31.
An
optometrist licensed by the state vision professionals board shall
promptly report to the board any instance of a clinically significant
drug-induced side effect in a patient due to 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
the
patient
or
any
other

identifying
information about the patient.

Sec.
4725.34.
(A)
The state vision professionals board shall charge the following
nonrefundable fees:

(1)
Three hundred fifty dollars for application for a certificate of
licensure to practice optometry;

(2)
Three hundred fifty dollars for renewal of a certificate of licensure
to practice optometry;

(3)
One hundred twenty-five dollars for late completion or submission, or
both, of continuing optometric education;

(4)
One hundred twenty-five dollars for late renewal of a certificate of
licensure
to
practice optometry
that
has expired;

(5)
Additional fees to cover administrative costs incurred by the board,
including
fees

a
fee
for
replacing
licenses
issued by the board
a
certificate of licensure to practice optometry
and

a
fee for
providing

rosters

a
roster
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 specified in division (A) of
this section if the fees do not exceed the amounts 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 created in section 4743.05 of the Revised Code.

Sec.
4725.35.
An
optometrist
licensed

who
holds a certificate of licensure to practice optometry issued
under
this chapter may provide telehealth services in accordance with
section 4743.09 of the Revised Code.

Sec.
4725.501.
(A)
As used in this section, "license" and "applicant for
an initial license" have the same meanings as in section 4776.01
of the Revised Code, except that "license" as used in both
of those terms refers to the types of authorizations otherwise issued
or conferred under
this
chapter
sections
4725.40 to 4725.59 of the Revised Code
.

(B)
In addition to any other eligibility requirement set forth in
this
chapter
sections
4725.40 to 4725.59 of the Revised Code
,
each applicant for an initial license shall comply with sections
4776.01 to 4776.04 of the Revised Code. The state vision
professionals board shall not grant a license to an applicant for an
initial license unless the applicant complies with sections 4776.01
to 4776.04 of the Revised Code.

Sec.
4725.531.
On
receipt of a notice pursuant to section 3123.43 of the Revised Code,
the state vision professionals board shall comply with sections
3123.41 to 3123.50 of the Revised Code and any applicable rules
adopted under section 3123.63 of the Revised Code with respect to a

license

certificate
of licensure to practice as a dispensing optician
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:

(1)
A physician 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 the physician's office;

(2)
An optometrist licensed under sections 4725.01 to
4725.34

4725.35

of
the Revised Code, or to persons while in the employment and under the
supervision of an optometrist at 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.

Section
2.
That
existing sections 4725.01, 4725.011, 4725.02, 4725.09, 4725.11,
4725.12, 4725.121, 4725.13, 4725.15, 4725.16, 4725.18, 4725.19,
4725.20, 4725.21, 4725.23, 4725.231, 4725.24, 4725.25, 4725.26,
4725.27, 4725.31, 4725.34, 4725.35, 4725.501, 4725.531, and 4725.59
of the Revised Code are hereby repealed.

Section
3.
That

section
4725.131

of the Revised Code
is

hereby
repealed.

Section
4.
The
State Vision Professionals Board may take any action it considers
appropriate to implement the repeal of section 4725.131 of the
Revised Code by this act, but shall do so without limiting or
expanding the authority granted under any certificates held by
individuals who were authorized to engage in the practice of
optometry only as described in division (A)(1) or (2) of section
4725.01 of the Revised Code, as that section existed immediately
prior to the effective date of H.B. 509 of the 134th General
Assembly.

Section
5.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
4725.13 of the Revised Code as amended by both H.B. 509 and S.B. 131
of the 134th General Assembly.

Section
4725.18 of the Revised Code as amended by both H.B. 509 and S.B. 131
of the 134th General Assembly.