As Introduced
136th General Assembly
Regular Session S. B. No. 36
2025-2026
Senator Cirino
A B I LL
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 chaptersections 4725.01 to
4725.35 of the Revised Code :
(A) The "practice of optometry" means all of the
following:
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(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
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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
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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.
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(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 .
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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
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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.
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(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
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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;
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(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
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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
chaptersections 4725.01 to 4725.35 of the Revised Code .
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(B) In addition to any other eligibility requirement set
forth in this chaptersections 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.
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(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
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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 .
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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
licensecertificate 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.
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(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
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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 feesthe 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
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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
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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
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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.
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(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.
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(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;
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(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
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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)
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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;
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979 S. B. No. 36 Page 35
As Introduced
(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
chaptersections 4725.40 to 4725.59 of the Revised Code .
(B) In addition to any other eligibility requirement set
forth in this chaptersections 4725.40 to 4725.59 of the Revised
Code, each applicant for an initial license shall comply with
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1008 S. B. No. 36 Page 36
As Introduced
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,
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1037 S. B. No. 36 Page 37
As Introduced
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.
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