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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 4725-5 | Misconduct

 
 
 
Rule
Rule 4725-5-01 | Solicitor, agent, etc.
 

The employing of any solicitor or agent for the purpose of securing patients or acting as a solicitor or agent in the referring of patients is prohibited.

Engaging in the division of fees for the referral of patients, or receiving of any article of value in return for a specific referral of a patient to utilize a particular service or business is prohibited.

The receipt of fees for actual services provided in the co-management of patients with a licensed physician or with a professional corporation as defined by the Revised Code is permitted.

Co-management schedule, guidelines and visits will be determined by consultation between the licensed physician and referring licensed optometrist. The patient will be advised of the schedule of return visits and any guidelines to be followed.

The licensed optometrist cannot accept payment from the referral entity, a licensed physician or a corporation, for pre-surgical visits or consultations. This helps to assure the neutrality of the consultation and any subsequent referral recommendations.

The only exchange of value permitted between the licensed optometrist and the physician shall be payment for services actually performed. Payment must come from third-party payers, self-paid from the patient, or from a pre-existing agreement between the licensed optometrist and physician that allows for break out fees for services provided when global compensation is involved. The optometrist must document sufficient information to describe the post-operative care rendered.

Any violation of this rule constitutes "dishonest and unprofessional conduct" as that phrase is used in section 4725.19 of the Revised Code.

Supplemental Information

Authorized By: 119.03, 4725.09
Amplifies: 4725.09, 4725.19
Five Year Review Date: 1/14/2026
Prior Effective Dates: 6/1/1999
Rule 4725-5-02 | Guarantee.
 

The advertising to guarantee any optometric service constitutes "dishonesty and unprofessional conduct" as that phrase is used in section 4725.19 of the Revised Code.

Supplemental Information

Authorized By:
Amplifies:
Five Year Review Date:
Prior Effective Dates: 1/1/1965
Rule 4725-5-05 | Fraud.
 

Licensed optometrists, opticians, and ocularists and registered apprentices shall have codes of ethical practice as stated in 4725.66 of the Revised Code for all licensees and registrants.

(A) "Unprofessional conduct" means any departure from or failure to conform to the minimal standards of acceptable and prevailing practice and shall also include, but not be limited to the provision of professional services which are detrimental to person(s) being served. The obtaining of any fee by fraud or misrepresentation or filing any claim forms without providing the service represented constitutes "dishonesty and unprofessional conduct" as that phrase is used in section 4725.19 of the Revised Code.

(B) "Dual relationship" means when more than one role occurs between the licensee and person(s) being served professionally. A dual relationship is prohibited when the relationship between the licensee and person(s) being professionally served involves a sexual or intimate relationship or other conduct that constitutes a conflict of interest.

(C) "Patient" means a person for whom the licensee has provided health care services, whether provided by mutual consent or implied consent, or provided without consent pursuant to a court order. Once a licensee-patient relationship is established, a person remains a patient until the relationship is terminated. Patient includes any of the following:

(1) A person who is receiving or has received health care services from the licensee without termination of the licensee-patient relationship; or

(2) A person who meets the criteria of a key third party, as that term is defined in paragraph (D) of this rule.

(D) "Key third party" means an individual closely involved in the patient's decision-making regarding health care services, including but not limited to, the patient's spouse or partner, parents, child, sibling, or guardian. For purposes of this chapter, an individual's status as a key third party ceases upon the termination of the licensee-patient relationship or upon termination of the individual's relationship with the patient.

(E) "Chaperone" means a third person who, with the patient's consent, is present during a medical examination.

(F) "Former patient" means one of the following:

(1) A person for whom the licensee has not rendered health care services since the licensee-patient relationship was terminated; or

(2) A person who has otherwise been admitted, discharged, or referred to another licensee for care subsequent to receipt of health care services by a licensee in an emergency setting or on an episodic basis, and such action has been recorded in the person's medical record or chart.

(G) "Sexual misconduct" means conduct that exploits the licensee-patient relationship in a sexual way, whether verbal or physical, committed without consent, by force, intimidation, coercion or manipulation and may include the expression of thoughts, feelings, or gestures that are sexual or that reasonably may be construed by a patient as sexual. Sexual abuse or misconduct can be committed by a person of any gender, and it can occur between people of the same or different genders. Sexual misconduct includes sexual impropriety, sexual contact or sexual interaction as follows:

(1) "Sexual impropriety" means conduct by the licensee that is seductive, sexually suggestive, disrespectful of patient privacy, or sexually demeaning to a patient, including but not limited to, the following:

(a) Making comments that are not clinically relevant about or to the patient, including but not limited to, making sexual comments about a patient's body or underclothing, making sexualized or sexually demeaning comments to a patient, criticizing the patient's sexual orientation, or making comments about potential sexual performance;

(b) Soliciting a date or romantic relationship with a patient;

(c) Participation by the licensee in conversation regarding the sexual problems, sexual preferences, or sexual fantasies of the licensee; and

(d) Requesting details of the patient's sexual history, sexual problems, sexual preferences, or sexual fantasies.

(2) "Sexual contact" includes, but is not limited to, the following:

(a) Touching a breast or any body part that has sexual connotation for the licensee or patient, for any purpose; and

(b) Touching of the patient's genitals.

(3) "Sexual interaction" means conduct between a licensee and patient, whether or not initiated by, consented to, or participated in by a patient, that is sexual or may be reasonably interpreted as sexual, including but not limited to, the following:

(a) Sexual intercourse, genital to genital contact;

(b) Kissing in a romantic or sexual manner; and

(c) Offering to provide health care services, such as drugs, in exchange for sexual favors.

(H) "Board" means the state vision professionals board.

(I) "Conduct" includes, but is not limited to the following:

(1) Behaviors, gestures, or expressions, whether verbal or physical that is committed without consent, by force, intimidation, coercion, or manipulation; or

(2) The creation, receipt, exchange, saving, or sending of images or communications, whether verbal or written, via a telecommunications device; or

(3) The exploitation of a client means to take unfair advantage of a person(s) being professionally served; or the violating of client confidentiality with a failure to protect and keep confidential any personal health information without the authorization or consent of person(s) professionally served or where prohibited by law; or

(4) The conflict of interest means personal, financial, or other considerations influenced or compromised professional judgment and objectivity to person(s) professionally served; or

(5) The informed consent means authorization by persons served, research participants engaged, or parents and/or guardians of persons served to a proposed course of action after the communication of adequate information regarding expected outcomes and potential risks. Informed consent may be verbal unless written consent is required; or

(6) To protect the public confidence, public behavior shall reflect a high level of moral and ethical behaviors; or

(7) When making public statements, licensees shall:

(a) Provide information about professional services and products that do not contain misrepresentations or claims that are false, deceptive, or misleading;

(b) Provide accurate information about the nature and management of communicative disorders, the professions, and services rendered to persons served, supervised professionally or participants in research; and

(c) Announce services in a manner consonant with the highest professional standards.

(8) Licensees shall subscribe to these principles and the code of ethics adopted by the board and agree to abide by the rules of the board and Chapter 4725. of the Revised Code.

(9) Licensees shall report to the board any violation of the board rules or any breach of the code of ethics that a licensee becomes aware.

(10) Licensees who have knowledge that a colleague is unable to provide professional services with reasonable skill and safety shall report the information to the appropriate authority, internally if a mechanism exists and, otherwise, externally.

(11) Licensees shall notify the board in writing of a conviction; been found guilty; or entered a plea of guilty or nolo contendere to any felony or misdemeanor convictions, other than minor traffic violations, including the case number and the court, within thirty days from the date of the conviction, plea, or finding of guilt.

(12) Individuals who have been publicly sanctioned or denied a license or a professional credential by any professional association, professional licensing authority or board, or other professional regulatory body shall self-report by notifying the board in writing of the final action or disposition and shall provide a copy of the final action, sanction or disposition within thirty days.

(J) Fundamental rules considered essential. Violation of the code of ethics shall be considered unprofessional conduct.

(1) Licensees shall maintain professional behavior.

(a) Licensees shall not engage in dishonesty, fraud, deceit, misrepresentation, or other illegal conduct that adversely reflects on the profession or the individual.

(b) Individuals shall work collaboratively, when appropriate, with members of one's own profession and/or members of other professions to deliver the highest quality of care.

(c) Licensees shall maintain a professional relationship with the board.

(i) Licensees shall conduct the practice according to Chapter 4725. of the Revised Code and agency 4725 of the Administrative Code.

(ii) Licensees shall cooperate with all lawful requests of the board within thirty calendar days.

(iii) The denial or revocation of licensure in another state, or from another board in this state, may result in denial or revocation of licensure by the board.

(2) Licensees shall maintain records and keep confidentiality of person(s) served, including:

(a) Maintaining adequate and timely records of professional services rendered.

(b) Providing appropriate access to records of person(s) served professionally.

(c) Not disclosing to unauthorized persons any confidential information obtained from any person(s) served, supervised professionally, or participants in research without the written consent of person(s) served or his/her legal guardian unless required by law.

(d) Being compliant with all state and federal laws and regulations relating to records keeping, records access and patient confidentiality.

(3) Licensees shall exhibit professional behavior in the delivery of services by:

(a) Accurately representing his/her education, training, credentials and competence.

(b) Providing only services for which licensee is properly trained.

(c) Continuing professional development to enhance licensee professional competence and expertise throughout licensees career.

(d) Providing reasonable notice and information about alternatives for obtaining care in the event that the licensee can no longer provide professional services.

(e) Accepting for treatment, persons:

(i) Who can reasonably be expected to benefit from services and continue with treatment when there is reasonable expectation of further benefit.

(ii) Following the exercise of independent professional and evidence-based judgment, regardless of referral source or prescription, and keeping paramount the best interests of patient being served.

(f) Ensuring that all equipment used in the provision of services or conduct of research is in proper working order and is properly calibrated.

(g) A guarantee of services of any sort, express or implied, oral or written, is contrary to professional ethics.

(h) Using every resource available, including referrals to other specialists as needed, to effect maximum improvement in person(s) served. Licensees shall:

(i) Identify competent, dependable referral sources for person(s) served professionally;

(ii) Be compliant with all state and federal laws and regulations governing the scope of practice of optometry, opticianry and ocularistry and the dispensing and selling of products; and

(iii) Make use of equipment, technology and instrumentation consistent with accepted professional guidelines in their areas of practice.

(4) Licensees supervising apprentices shall prohibit anyone under licensee supervision from engaging in any practice that violates Chapter 4725. of the Revised Code or agency 4725 of the Administrative Code including the code of ethics.

(a) Supervisors shall:

(i) Provide direct and indirect supervision; and

(ii) Maintain adequate records of direct and indirect supervision rendered.

(b) Licensees shall:

(i) Not delegate any service requiring the professional competence of a licensed optician to anyone unqualified; and

(ii) Ensure opticians do not represent to the public as an optometrist and apprentices do not represent to the public as an optician.

(5) Business practices shall be compliant with regional, state and federal laws.

(a) Licensees shall:

(i) Charge fees commensurate with services rendered;

(ii) Not charge for services not rendered;

(iii) Abide by federal, state and regional laws regarding billing for services and products rendered; and

(iv) Not enter into relationships, which pose a conflict of interest and shall not engage in commercial or professional activities that conflict with the licensees' responsibilities to the person served.

(b) Licensees who present or participate at meetings and/or consultants who provide instruction shall disclose to participants potential conflicts of interest.

(c) Licensees shall be compliant with state and federal laws and regulations regarding business practices, sales practices, including safe harbor and antitrust laws.

(d) Licensees owning stock or having financial interests in a company whose products the licensee sells, dispenses or recommends shall disclose to person(s) served the relationship and financial or consultative interest.

Supplemental Information

Authorized By: 119.03, 4725.09, 4725.19, 4725.66, 5903.03
Amplifies: 4725.19, 4725.66
Five Year Review Date: 1/14/2026
Rule 4725-5-06 | Splitting of fees.
 

Accepting any payment except from the holder of a certificate of licensure, a not for profit corporation or foundation or a professional corporation as defined in Chapter 1785. of the Revised Code is prohibited.

An optometrist cannot work for an unlicensed individual or an optician except in a not for profit corporation or foundation. An optometrist working in a general corporation or sole proprietorship or individual setting with an unlicensed individual cannot be paid by the hour, on a percentage basis or by splitting the examination fee paid by the patient.

The professional fee paid for services rendered, either by private pay or through a third party, must go to the optometrist. A general corporation or individual owner cannot supplement the fees of the optometrist either hourly, per patient, or in any manner.

If an optometrist leases space from a general corporation or an unlicensed individual, the optometrist shall do so on a flat rate basis. The board may request copies of written leases from licensees working within general corporations and with individual owners. The licensee is responsible for negotiating and maintaining a proper lease relationship with unlicensed entities. The intent of this rule is to maintain the licensee's professional autonomy from the corporation or individual owner. This ensures that corporation and individual ownership objectives do not influence clinical decisions and the licensee's primary responsibilities to the patient.

For the purposes of this rule, a nonprofit corporation or foundation must be approved as so by the Ohio secretary of state and must be primarily funded by federal grants, state grants and endowments.

The splitting, dividing or accepting payment of any fee with any person or entity other than expressly permitted constitutes "dishonesty and unprofessional conduct" as that phrase is used in section 4725.19 of the Revised Code.

Supplemental Information

Authorized By: 4725.09
Amplifies: 4725.09, 4725.19
Five Year Review Date: 6/13/2024
Rule 4725-5-08 | Use of license by other.
 

The permitting of another person to use a certificate of licensure for any purpose constitutes "dishonesty and unprofessional conduct" as that phrase is used in section 4725.19 of the Revised Code. The impersonation of another holder of a certificate of licensure for any purpose constitutes "dishonesty and unprofessional conduct" as that phrase is used in section 4725.19 of the Revised Code. The practice of optometry under any name other than the one under which the certificate of licensure is issued and registered with the exception of a legal name change constitutes "dishonesty and unprofessional conduct" as that phrase is used in section 4725.19, of the Revised Code.

Supplemental Information

Authorized By: 4725.09
Amplifies: 4725.19
Five Year Review Date: 8/30/2024
Rule 4725-5-10 | Practicing under unlicensed control.
 

The performance of optometric services for the public while in the employ of or while under the direct or indirect control of any person or entity of any kind other than a holder of a certificate of optometric licensure, a corporation of holders of certificates of optometric licensure, a not for profit charitable corporation or foundation, or a professional corporation as defined in Chapter 1785. of the Revised Code, of holders of certificates of licensure constitutes "dishonesty and unprofessional conduct" as that phrase is used in section 4725.19 of the Revised Code.

For the purposes of this rule, nonprofit charitable corporations or foundations that are primarily financed by federal grants, state grants and endowments, such as "Prevent Blindness Ohio" and low vision centers, may employ licensed optometrists as long as no control is exerted over optometric procedures that are deemed necessary by licensed optometrists working at these locations.

Supplemental Information

Authorized By: 119.03, 4725.09
Amplifies: 4725.19
Five Year Review Date: 1/14/2026
Prior Effective Dates: 6/1/1999
Rule 4725-5-11 | Keeping of records.
 

The release of confidential records regarding the treatment of a patient or physical condition of that patient is a matter within the control of the patient. The patient may request a copy of the records or waive the privilege of confidentiality for the records to be furnished to a third party.

The examining optometrist is responsible for providing a copy of the records upon a proper request either directly to the patient or to a designated third party. If records are to be sent to a third party the optometrist may require that the patient sign a record release or waiver form.

Upon retirement or termination of practice, patient records may be transferred to another optometrist for custody. A written custody agreement must be executed, signed and retained by both parties. Patients should be notified of the transfer of records and also informed that the records can be forwarded to an optometrist of their choice. A reasonable charge may be made for copying patient records. If the optometrist chooses to retain patient records, current patients must be notified of the location of their records.

An optometrist departing from a practice at a leased location may transfer records to another optometrist for custody. The optometrist may allow copies of patient prescriptions to remain at the leased location but is prohibited from releasing full patient records to any non-licensed individual, unless the patient provides written authorization to the optometrist.

The failure to timely release patient records upon a proper request or to notify current patients of a change of location where their records are maintained constitutes "dishonesty or unprofessional conduct" as that phrase is used in section 4725.19 of the Revised Code.

All patient records must be maintained by the examining optometrist for seven years unless released to another optometrist for custody. Patient records include examinations, furnishing legend therapeutic agents and for whom optical accessories have been dispensed. Records may be maintained as paper or electronic files. If records are maintained electronically, a backup file will be maintained off site. The computer will also be keyed to record the time and date of any records transactions or alterations.

The failure to keep for a period of at least seven years a complete record of all patients examined or furnished legend therapeutic agents and of all patients for whom optical accessories have been adapted constitutes "dishonesty or unprofessional conduct" as that phrase is used in section 4725.19 of the Revised Code.

Supplemental Information

Authorized By: 4725.09
Amplifies: 4725.09, 4725.19
Five Year Review Date: 6/13/2024
Rule 4725-5-13 | Puffery.
 

The use of the words "eye specialist," "contact lens specialist," optometric eye specialist," "expert" or any other words of similar import of proficiency, skill, knowledge, or methods of practice constitutes "dishonesty or unprofessional conduct" as that phrase is used in section 4725.19 of the Revised Code.

Supplemental Information

Authorized By: 4725.09
Amplifies: 4725.19
Five Year Review Date: 8/30/2024
Rule 4725-5-14 | Procedures for reporting clinically induced reactions.
 

An optometrist shall notify the optometry board office within seventy-two hours of the occurrence of any instance of a clinically significant drug-induced side effect in a patient resulting from the optometrist administering, employing, applying, or furnishing such topical ocular or therapeutic pharmaceutical agent to or for the patient.

A report form, which will be provided by the optometry board to the reporting optometrist, shall be completed and forwarded to the optometry board office within ten days of receipt to provide the required information to comply with section 4725.31 of the Revised Code. The report form will include, but is not limited to, the presenting problem, diagnosis, agent administered, benefits achieved, problems encountered, and the action taken on the part of the administering optometrist to alleviate the patient problem. This report will not include the name or any other identifying information on the patient. This report will not be filed in the reporting optometrist's file but in a separate file designated by the board to retain this information for a period of two years.

A clinically significant drug-induced side effect means an unexpected reaction by a person resulting from topical ocular or therapeutic pharmaceutical agents administered by an optometrist which occurs within twenty four hours after the drug is administered and requires either referral to a medical doctor for treatment or hospitalization of the individual.

Failure to comply with all or part of this reporting procedure constitutes "dishonesty or unprofessional conduct" as that phrase is used in section 4725.19 of the Revised Code.

Supplemental Information

Authorized By: 4725.09
Amplifies: 4725.09, 4725.31
Five Year Review Date: 6/13/2024
Prior Effective Dates: 6/1/1999
Rule 4725-5-15 | Notification to board and others of primary practice location.
 

Each optometrist who holds a current licensure certificate shall notify the board of the primary address where the optometrist is in practice and wherein the certificate of licensure is displayed.

The holder of a licensure certificate shall notify the board of any change of address of primary practice wherein the certificate is displayed. The license holder will take whatever steps are necessary to see that patients are informed of the new location of the optometrist or the location of the patient's records.

Prescriptions written for therapeutic pharmaceutical agents shall contain the optometrist's name, address of the location wherein their therapeutic certificate is displayed and the identification number of the therapeutic pharmaceutical agents certificate the optometrist holds.

The failure clearly to show to the public both the name of the holder of a certificate of licensure and the fact that the holder is an optometrist constitutes "dishonesty or unprofessional conduct" as that phrase is used in section 4725.19 of the Revised Code.

Failure to place the required information on prescriptions for therapeutic pharmaceutical agents or to notify the board of address change within thirty days constitutes "dishonesty or unprofessional conduct" as that phrase is used in section 4725.19 of the Revised Code.

Supplemental Information

Authorized By: 4725.09
Amplifies: 4725.19
Five Year Review Date: 8/30/2024
Prior Effective Dates: 6/1/1999
Rule 4725-5-16 | Display of name and office requirements.
 

The name or all names of optometrists practicing at a location must be prominently displayed to the public. The minimum requirement is the licensee's name and O.D., or optometrist or doctor of optometry.

If optometrists are employed by another optometrist, the minimum requirement is to display the name of the employing optometrist responsible for the administration of examinations at each such location with the names of examining optometrists posted at the entrances to exam rooms.

The provisions outlined in the above two paragraphs are not required if an optometrist is in practice at a health maintenance organization, public health clinic, clinic affiliated with a school of optometry, a hospital, licensed health care facility, or as a consultant to industry or an educational facility. In these locations the optometrist will wear an identifying name plate when in direct patient contact and give the patient a prescription with the required identifying information.

An optometrist has the responsibility to establish and maintain a safe and hygienic office adequately equipped to provide full optometric services within the scope of the licensure of the practitioner. The board requires the following minimum equipment needed to provide a full scope examination which shall include, but not be limited to, tonometer, slit lamp, and instrumentation to examine the retina and to perform visual fields. All optometric examination locations shall be equipped with adequate hand washing facilities on location for use by optometrists and patients.

.

(A) For purposes of this section, the following definitions shall apply to opticians, ocularists, and registered apprentices:

(1) "Licensed dispensing optician" means an optician who has met the requirements of sections 4725.47 to 4725.51 of the Revised Code and who holds a current valid license issued by the board.

(2) "Licensed ocularist" means an ocularist who has met the requirements of sections 4725.47 to 4725.51 of the Revised Code and who holds a current valid license issued by the board.

(3) "Patient" means any recipient of optical or ocularistry care provided by a licensed dispensing optician, licensed ocularist. apprentice optician or apprentice ocularist.

(4) "Apprentice" "registered apprentice" means a person registered with the board to engage in a learning experience under the direct supervision of the registered supervisor.

(5) "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.

(6) "Registered supervisor" means the licensed dispensing optician or ocularist registered with the board as the supervising licensed optician or the supervising ocularist, as appropriate, for the registered apprentice optician or the registered apprentice ocularist

(B) A licensed dispensing optician shall provide opticianry care within the scope of practice of optical dispensing as set forth in division (B) of section 4725.40 of the Revised Code and the rules of the board.

(C) A licensed dispensing optician shall maintain current knowledge of the duties, responsibilities and accountabilities for safe opticianry care.

(D) A licensed optician shall demonstrate competence and accountability in all areas of practice in which the licensed dispensing optician is engaged, which includes, but is not limited to, the following:

(1) Consistent performance of all aspects of opticianry care; and

(2) When the opticianry care to be provided is in accordance with division (H) of section 4725.40 of the Revised Code, the licensed dispensing optician has a specific current prescription from a physician or optometrist licensed by any state for preparing an optical aid for a patient.

(E) A licensed dispensing optician shall:

Clarify and implement any appropriately authorized prescription for a patient when the licensed dispensing optician has reason to believe the prescription is:

(1) Inaccurate;

(2) Not properly authorized;

(3) Not current or valid; or

(4) Contraindicated by other documented information.

(5) A licensed dispensing optician shall maintain the confidentiality of patient information.

(F) At all times when a licensed dispensing optician or ocularist are providing care to a patient all licensees shall:

(1) Wear an identifying badge with his/her name and designation of licensee;

(2) Cause any apprentices under his/her supervision to wear an identifying badge with the name of the apprentice and the designation of apprentice licensee

(3) Appropriately document the care provided;

(4) Not falsify any client record or any other document prepared or utilized in the course of, or in conjunction with, opticianry or ocularistry practice;

(5) Treat each patient with courtesy, respect, and with full recognition of dignity and individuality; and

(6) Provide the appropriate direction, supervision and evaluation of all tasks performed by the apprentices registered under the licensee.

(G) When opticianry practice, as set forth in section 4725.40 of the Revised Code, is supervised, only a licensed dispensing optician shall supervise the practice of other licensed dispensing opticians or registered dispensing apprentices.

(H) A licensed dispensing optician shall not submit or cause to be submitted any false, misleading, or deceptive statement, information, or documentation to the board, to current employers, or to any future employers for positions requiring a license as a dispensing optician.

(I) A licensed dispensing optician, when functioning in a supervisory role, shall assure that:

(1) Each dispensing optician under the supervising licensed dispensing optician has a current, valid license and wall certificate to practice as a licensed dispensing optician, and that the license and wall certificate are displayed in a conspicuous place at the place of the practice of opticianry;

(2) Each apprentice optician has a current valid registration that is displayed in a conspicuous place at the place of the practice of apprentice opticianry; and

(3) Each dispensing optician and each apprentice optician under the supervising licensed dispensing optician wears an identifying badge with the licensed optician's, licensed ocularist's or apprentice optician's or apprentice ocularist's name and the designation of either licensed dispensing optician, apprentice optician, licensed ocularist or apprentice ocularist as appropriate.

(J) A licensed ocularist shall provide ocularistry care within the scope of practice of ocularistry as set forth in division (J) of section 4725.40 of the Revised Code and the rules of the board.

(K) A licensed ocularist shall maintain current knowledge of the duties, responsibilities and accountabilities for safe ocularistry care.

(L) A licensed ocularist shall demonstrate competence and accountability in all area of practice in which the licensed ocularist is engaged, which includes, but is not limited to, the consistent performance of all aspects of ocularistry care.

(M) A licensed ocularist shall:

(1) Clarify and implement any appropriately authorized prescription for a patient when the licensed ocularist has reason to believe the prescription is:

(a) Inaccurate;

(b) Not properly authorized;

(c) Not current or valid; or

(d) Contraindicated by other documented information.

(2) When clarifying a prescription, the licensed ocularist in a timely manner shall:

(a) Consult with the appropriate licensed practitioner; and

(b) Document that the licensed practitioner has been consulted and notified.

(N) A licensed ocularist shall maintain the confidentiality of patient information.

(O) When ocularistry practice, as set forth in section 4725.40 of the Revised Code, is supervised or evaluated, only a licensed ocularist shall supervise the practice of ocularistry by other licensed ocularists or registered apprentice ocularists.

(P) A licensed ocularist, when functioning in a supervising role, shall assure that adequate procedures are in place and implemented to verify that:

(1) Each ocularist under the supervising ocularist has a current, valid license and wall certificate to practice as a licensed ocularist and that the wall certificate and license are displayed in a conspicuous place at the place of the practice of ocularistry; and

(2) Each apprentice ocularist has a current valid registration that is displayed in a conspicuous place at the place of practice of the practice of apprentice ocularistry.

Supplemental Information

Authorized By: 4725.09, 4725.44
Amplifies: 4725.09. 4725.19, 4725.44
Five Year Review Date: 8/30/2024
Prior Effective Dates: 6/1/1999
Rule 4725-5-17 | Notification of examination services to patient.
 

(A) Each optometrist who conducts an eye examination for a patient shall be responsible for providing the patient with certain information prior to and during the course of the examination to permit the patient to make informed decisions.

(B) The usual and customary fees for an eye examination will be defined for the patient, which will include the cost of an examination for spectacles or for contact lenses. The professional fees for a contact lens examination will include all procedures, tests and fitting requirements that are customarily required in a standard examination to obtain all information needed to produce a valid contact lens prescription.

(C) No licensed optometrist will conduct a spectacle examination and write on the spectacle prescription "approved for contact lens" or any other similar wording.

(D) In conducting a standard eye examination, the use of dilating agents or topical ocular pharmaceutical agents will be included in the usual and customary fee and not identified as a separate or additional cost. This in no way limits or prohibits the charge of an additional fee to a patient for extended tests or procedures which require the use of these agents and are deemed necessary as a result of the standard eye examination. The use of dilating agents or topical ocular pharmaceutical agents in conducting an eye examination will be at the professional judgment of the examining optometrist.

(E) In advertising the price of an eye examination for contact lenses, the advertisement will include full information on the usual and customary fees normally required to provide the patient with a valid prescription and any requirements on the part of the patient. This in no way prohibits charging additional fees required for extended tests, procedures or visits found necessary as the result of the standard examination. Any additional tests or procedures performed will be included in the patient's medical records.

(F) Failure to disclose the required information on providing professional services to the patient or in advertising eye examinations constitutes "dishonesty or unprofessional conduct" as that phrase is used in section 4725.19 of the Revised Code.

Supplemental Information

Authorized By: 4725.09
Amplifies: 4725.09, 4725.28
Five Year Review Date: 8/30/2024
Prior Effective Dates: 7/28/2008
Rule 4725-5-18 | Delegation by optometrist of duties to ancillary personnel.
 

(A) Definitions:

(1) "Delegation" means the transfer of authority for the performance of a selected optometric activity or task from a licensed optometrist authorized to perform the activity or task to ancillary personnel who do not have the authority to perform the activity or task independently. Delegation to ancillary personnel shall be performed under direct, general or administrative supervision of a licensed optometrist. Ancillary personnel need not be employees of the responsible licensed optometrist.

(2) "Direct supervision" means the responsible licensed optometrist must be on the premises both while the procedure is being performed by the ancillary personnel and to interpret the data upon completion of the task.

(3) "General supervision" means that the licensed optometrist assumes responsibility for the activities and tasks performed by ancillary personnel, but need not be present while they are performed. The licensed optometrist must be available for consultation and direction except if involved in a personal emergency which makes them temporarily unavailable.

(4) "Administrative supervision" means supervision to an extent that the responsible licensed optometrist need not be present, but must give proper instruction on procedures and assumes responsibility for the actions of ancillary personnel. The licensed optometrist shall not be required to be available for immediate contact.

(5) "Ancillary personnel" means any person or persons working under the direct, general or administrative supervision of a licensed optometrist. Ancillary personnel may be delegated to perform ministerial duties, tasks and functions as assigned to them by the licensed optometrist.

(B) Ancillary personnel may not, under any circumstances, be delegated diagnosis or treatment duties, refractions or interpretation of testing that requires optometric judgment.

(C) Ancillary personnel may administer dilation and therapeutic drops into the eyes per the responsible licensed optometrist's instructions and may instruct patients on the proper protocol on self administration of topical ocular pharmaceutical agents. These tasks must be performed under the direct supervision of a licensed optometrist.

(D) Ancillary personnel may perform ministerial duties, tasks and functions assigned to them by and performed under the general supervision of a licensed optometrist. This includes obtaining demographic information that allows the office to better serve the patients. Tasks and functions that may be performed shall include, but not be limited to, data gathering, preliminary testing, performing prescribed vision therapy and low vision therapy, delivery of eyeglasses, and selection of frames. Ancillary personnel shall not alter, or change in any manner, a patient's prescription without express, written instructions by the licensed optometrist.

(E) Ancillary personnel may perform tasks and duties assigned to them under the administrative supervision of a licensed optometrist including, but not limited to, sorting and cataloguing of patient records, while maintaining confidentiality. Ancillary personnel may respond to other healthcare professionals concerning patient records.

(F) Ancillary personnel must demonstrate skill and ability prior to being delegated to do assigned tasks. A written policy must outline what procedures can be done and by whom. The policy must also state that no professional judgments or interpretation of data are allowed in any situation.

(G) Direct supervision is required when delegation of ancillary personnel occurs in a health care facility or other institutions offering health care except for routine administration of topical agents, delivery of eyeglasses, and selection of frames.

(H) If in the performance of any delegated task the ancillary personnel becomes aware that the patient has a problem that limits the patient's ability to respond, the task will be immediately stopped. The supervising licensed optometrist will be advised of the situation before continuing.

Supplemental Information

Authorized By: 119.03, 4725.09
Amplifies: 4725.09, 4725.19
Five Year Review Date: 1/14/2026
Prior Effective Dates: 8/30/2019
Rule 4725-5-19 | Utilizing controlled substances for self and family members.
 

(A) Accepted and prevailing standards of care presuppose a professional relationship between a patient and a licensed optometrist when the licensed optometrist is prescribing controlled substances. By definition, a licensed optometrist may never have such a relationship with himself or herself. Thus, a licensed optometrist may not self-prescribe or self-administer controlled substances.

(B) Accepted and prevailing standards of care require that a licensed optometrist maintain detached professional judgment when utilizing controlled substances in the treatment of family members. A licensed optometrist shall utilize controlled substances when treating a family member only in an ocular emergency situation which shall be documented in the patient's record.

(C) For purposes of this rule, "family member" means a spouse, parent, child, sibling or other individual in relation to whom a licensed optometrist's personal or emotional involvement may render that licensed optometrist unable to exercise detached professional judgment in reaching diagnostic or therapeutic decisions.

(D) Failure to comply with all or part of this rule constitutes a violation of divisions (B)(3), (B)(9) and/or (B)(13) of section 4725.19 of the Revised Code.

Supplemental Information

Authorized By: 119.03, 4725.09, 4725.091
Amplifies: 4725.091
Five Year Review Date: 1/14/2026
Prior Effective Dates: 7/28/2008, 8/30/2019