(A) No licensed dispensing optician or licensed ocularist shall permit any apprentice to work under their license unless the apprentice is under direct supervision. “Direct supervision” means the provision of direction and control of the work of an apprentice through personal inspection and evaluation of their work by a licensed dispensing optician or a licensed ocularist, as applicable, who must be in the optical or ocularist area when an apprentice is engaged in optical dispensing or ocularistry.
(B) This rule shall not be construed to apply to any person engaging in optical dispensing or ocularistry exclusively for and under the supervision of a licensed physician or licensed optometrist at their office, provided such person does not hold themselves out to the public generally as a dispensing optician, or ocularist.
(C) For purposes of paragraph (B) of this rule, “holding themselves out to the public generally as a dispensing optician or ocularist” means either of the following:
(1) Engaging in optical dispensing or the practice of ocularistry while not under the supervision of a licensed physician or licensed optometrist;
(2) Advertising, or allowing their name to be advertised, or benefiting either directly or indirectly, by any means whatsoever, from an advertisement, which creates in the minds of the public that they are engaging in optical dispensing or that their services as a dispensing optician or ocularist are at a location separate and apart from the location of the licensed physician or licensed optometrist under whose supervision they are said to be employed.
Effective: 01/23/2006
R.C. 119.032 review dates: 11/07/2005 and 01/11/2011
Promulgated Under: 119.03
Statutory Authority: 4725.44
Rule Amplifies: 4725.48, 4725.52
Prior Effective Dates: 11/29/79, 8/4/94(Emer.), 10/14/94, 4/10/01