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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regarding licensed spectacle dispensing opticians.

Spectrum: Moderate Partisan Bill (Republican 18-3)

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

Download: Ohio-2013-HB258-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 258

Representative Gonzales 

Cosponsors: Representatives Becker, Grossman, Hood, Retherford, Roegner, Wachtmann 

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A BILL

To amend section 4725.40 and to enact section

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4725.411 of the Revised Code regarding licensed

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spectacle dispensing opticians.

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

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

Sec. 4725.40.  As used in sections 4725.40 to 4725.59 of the	6
Revised Code:	7

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

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(1) Spectacles or other instruments or devices that are not	9
contact lenses, if the spectacles or other instruments or devices	10
may aid or correct human vision and have been prescribed by a	11
physician or optometrist licensed by any state;	12

(2) Contact lenses, regardless of whether they address visual	13
function, if they are designed to fit over the cornea of the eye	14
or are otherwise designed for use in or on the eye or orbit.	15

All contact lenses shall be dispensed only in accordance with	16
a valid written prescription designated for contact lenses,	17
including the following:	18

(a) Zero-powered plano contact lenses;

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(b) Cosmetic contact lenses;

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(c) Performance-enhancing contact lenses;

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(d) Any other contact devices determined by the Ohio optical	22
dispensers board to be contact lenses.	23

(B) "Optical dispensing" means interpreting but not altering	24
a prescription of a licensed physician or optometrist and	25
designing, adapting, fitting, or replacing the prescribed optical	26
aids, pursuant to such prescription, to or for the intended	27
wearer; duplicating lenses, other than contact lenses, accurately	28
as to power without a prescription; and duplicating	29
nonprescription eyewear and parts of eyewear. "Optical dispensing"	30
does not include selecting frames, transacting a sale,	31
transferring an optical aid to the wearer after an optician has	32
completed fitting it, or providing instruction in the general care	33
and use of an optical aid, including placement, removal, hygiene,	34
or cleaning.	35

(C) "Licensed dispensing optician" means a person holding a	36
current, valid license issued under sections 4725.47 to 4725.51 of	37
the Revised Code that authorizes the person to engage in optical	38
dispensing. Nothing in this chapter shall be construed to permit a	39
licensed dispensing optician to alter the specifications of a	40
prescription.	41

(D) "Licensed spectacle dispensing optician" means a licensed	42
dispensing optician authorized to engage in both of the following:	43

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

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(2) The dispensing of contact lenses in accordance with	45
section 4725.411 of the Revised Code.	46

(E) "Licensed contact lens dispensing optician" means a	47
licensed dispensing optician authorized to engage only in the	48
dispensing of contact lenses.	49

(F) "Licensed spectacle-contact lens dispensing optician"	50
means a licensed dispensing optician authorized to engage in the	51
dispensing of any optical aid.	52

(G) "Apprentice" means any person dispensing optical aids	53
under the direct supervision of a licensed dispensing optician.	54

(H) "Prescription" means the written or verbal directions or	55
instructions as specified by a physician or optometrist licensed	56
by any state for preparing an optical aid for a patient.	57

(I) "Supervision" means the provision of direction and	58
control through personal inspection and evaluation of work.	59

(J) "Licensed ocularist" means a person holding a current,	60
valid license issued under sections 4725.48 to 4725.51 of the	61
Revised Code to engage in the practice of designing, fabricating,	62
and fitting artificial eyes or prostheses associated with the	63
appearance or function of the human eye.	64

Sec. 4725.411. A licensed spectacle dispensing optician may	65
dispense contact lenses if the only action necessary is to match	66
the description of the contact lenses that is on the packaging to	67
a written prescription.	68

Section 2. That existing section 4725.40 of the Revised Code	69
is hereby repealed.	70