Chapter 4726-3 Officers; Meetings; Definitions

4726-3-01 Board operations and procedures.

(A) The board shall organize by electing a president, vice president, and treasurer/secretary from its membership. Each officer of the board shall serve in his respective position for a period of one year, at which time another election of officers shall occur.

(1) The president may serve more than a one year term but the terms cannot be consecutive. The president shall serve as the presiding officer at all meetings and shall set the agenda for such meetings.

(2) The vice president’s term is a one year term and he/she shall serve as president should the president be unavailable to attend a board meeting.

(3) The treasurer shall be kept fully informed of all income and disbursements made on behalf of the board and shall make a report of same to the board.

(4) The treasurer shall be elected and can serve as long as five years.

(5) All elections shall be by paper ballots only and be counted by the board commission secretary and the investigator. Ballots are to be kept in the board office until the next scheduled board meeting.

R.C. 119.032 review dates: 11/07/2005 and 11/07/2010

Promulgated Under: 119.03

Statutory Authority: 4725.44

Rule Amplifies: 4743.43

Prior Effective Dates: 11/29/79, 8/4/94, 10/14/94, 10/4/02

4726-3-02 Adoption of rules.

(A) The board shall adopt, amend or rescind rules necessary for the successful completion of its assigned mission. Such rules shall be adopted, amended or rescinded in accordance with the procedures provided in Chapter 119. of the Revised Code.

(B) The board may not, however, adopt rules governing the employment of dispensing opticians, the location or number of optical stores, advertising of optical products or services, or the manner in which such products may be displayed.

R.C. 119.032 review dates: 11/07/2005 and 11/07/2010

Promulgated Under: 119.03

Statutory Authority: 4725.44

Rule Amplifies: 4743.43

Prior Effective Dates: 11/29/79, 8/4/94(Emer.), 10/14/94, 7/19/2002

4726-3-03 Board meetings.

The board shall meet at least once each calendar year in Columbus. A majority of the board shall constitute a quorum for the purpose of conducting business of the board. No action of the board is valid without the concurrence of five members. The board shall also meet at such additional times and in such places as are directed by the president, or pursuant to a written request submitted to the executive secretary-treasurer by two other officers or by any two members.

R.C. 119.032 review dates: 11/07/2005 and 11/07/2010

Promulgated Under: 119.03

Statutory Authority: 4725.44

Rule Amplifies: 4743.43

Prior Effective Dates: 11/29/79, 8/4/94(Emer.), 10/14/94, 4/10/01

4726-3-04 Method of notice of meetings.

(A) Any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings by:

(1) Writing the board at its business address;

(2) Calling the board at its business office during normal business hours;

(3) Consulting the posting located at the business address of the board;

(4) Checking the press room in the state house.

(B) Any representative of the news media may obtain notice of all special meetings by requesting in writing that such notice be provided. A request for such notification shall be addressed to the “Ohio Optical Dispensers Board, 77 South High Street, 16th floor, Columbus, Ohio 43266-0328.” The request shall provide the name of the individual media representative to be contacted, his mailing address, and a maximum of two telephone numbers where he can be reached. The board shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this section.

R.C. 119.032 review dates: 11/07/2005 and 11/07/2010

Promulgated Under: 119.03

Statutory Authority: 121.22

Rule Amplifies: 121.22

Prior Effective Dates: 11/29/79, 8/4/94(Emer.), 10/14/94, 4/10/01

4726-3-05 Special meetings.

(A) In the event of a special meeting not of an emergency nature, the board shall notify all media representatives on the list of such meeting by doing at least one of the following:

(1) Sending written notice, which must be mailed no later than four calendar days prior to the date of the special meeting.

(2) Notifying such representatives by telephone no later than twenty-four hours prior to the special meeting. Such telephone message shall be complete if a message has been left for the representative, or if, after reasonable effort, the board has been unable to provide such telephone notice.

(3) Informing such representatives personally no later than twenty-four hours prior to the special meeting.

(B) In the event of a special meeting of an emergency nature, the board shall notify all media representatives on the list of such meeting by providing either the notice described in paragraph (A)(2) or (A)(3) of this rule. In such event, however, the notice need not be given twenty-four hours prior to the meeting, but shall be given as soon as possible.

(C) The board shall maintain a list of all persons who have requested, in writing, notice of all meetings of the board at which specific subject matters designated by such persons are scheduled to be discussed. Any person may, upon payment of an annual fee in an amount set by the board, have his name placed on such list. The board shall no later than five days prior to each meeting send by first class mail an agenda of the meeting to such persons.

R.C. 119.032 review dates: 11/07/2005 and 11/07/2010

Promulgated Under: 119.03

Statutory Authority: 121.22

Rule Amplifies: 121.22

Prior Effective Dates: 11/29/79, 8/4/94(Emer.), 10/14/94

4726-3-06 Definitions.

(A) “Optical Aid” means an instrument or device prescribed by a physician or optometrist licensed by any state to correct human vision, including spectacles, eyeglasses, contact lenses and accessories.

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

(C) “Licensed Dispensing Optician” means a person holding a current, valid license issued by the board that authorizes the person to engage in optical dispensing.

(D) “Licensed Spectacle Dispensing Optician” means a licensed dispensing optician authorized to engage in the dispensing of optical aids other than contact lenses.

(E) “Licensed Contact Lens Dispensing Optician” means a licensed dispensing optician authorized to engage only in the dispensing of contact lenses.

(F) “Licensed Spectacle-Contact Lens Dispensing Optician” means a licensed dispensing optician authorized to engage in the dispensing of any optical aid.

(G) “Licensed Ocularist” means a person holding a current, valid license issued under sections 4725.48 to 4725.51 of the Revised Code to engage in the practice of designing, fabricating, and fitting artificial eyes or prostheses associated with the appearance or function of the human eye.

(H) “Apprentice Ocularist” means a person training under the direct supervision of a licensed ocularist, to engage in the designing, fabricating, and fitting of artificial eyes or prostheses associated with the appearance or function of the human eye.

(I) “Apprentice Optician” means any person registered with the board for the purpose of being able to dispense optical aids under the “direct supervision” of a licensed dispensing optician.

(J) “Prescription” means the written or verbal directions or instructions as specified by a physician or optometrist licensed by any state for preparing an optical aid for a patient.

(K) “Direct Supervision.” No licensed dispensing optician or ocularist shall permit any apprentice to work under him/her unless under direct supervision. “Direct Supervision” means that a licensed dispensing optician or a licensed ocularist, as applicable, shall be in the optical or ocularist area at all times when an apprentice is engaged in optical dispensing or ocularistry. Nothing herein shall preclude such licensed dispensing optician or licensed ocularist from being absent from the optical area for a reasonable period during the working day, such as for lunch and other customary absences although the apprentice shall not engage in optical dispensing in the absence of a licensed dispenser or ocularist, as applicable.

(L) “Optical or Ocularist Area” is the space reserved for the optical or ocularist department or shop. This includes the lab area, fitting area, dispensing area, reception area and waiting area. This does not include areas of larger company or building where the optical department or shop is leased or confined to its own space.

(M) “Good Moral Character” means proof from at least two individuals in the form of a written statement attesting to the individual’s good standing in the community, said statement to be based on an acquaintanceship of not less than three years.

(N) “An Educational Equivalent” means the proof of having successfully passed the GED examinations or a GED certificate of high school equivalency diploma.

(O) “Academic Hour” means a continuing education program that is forty-eight to sixty minutes in length.

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: 4725.43

Prior Effective Dates: 11/29/79, 8/4/94(Emer.), 3/18/95, 8/9/02