Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1506
       
       
       
       
       
       
                                Barcode 358292                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/09/2012           .                                
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       The Committee on Health Regulation (Garcia) recommended the
       following:
       
    1         Senate Substitute for Amendment (227268) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsections (3), (4), and (5) of section
    7  463.002, Florida Statutes, are amended to read:
    8         463.002 Definitions.—As used in this chapter, the term:
    9         (3)(a) “Licensed practitioner” means a person who is a
   10  primary health care provider licensed to engage in the practice
   11  of optometry under the authority of this chapter.
   12         (b) A licensed practitioner who is not a certified
   13  optometrist shall be required to display at her or his place of
   14  practice a sign which states, “I am a Licensed Practitioner, not
   15  a Certified Optometrist, and I am not able to prescribe topical
   16  ocular pharmaceutical agents.”
   17         (c) All practitioners initially licensed after July 1,
   18  1993, must be certified optometrists.
   19         (4) “Certified optometrist” means a licensed practitioner
   20  authorized by the board to administer and prescribe topical
   21  ocular pharmaceutical agents.
   22         (5) “Optometry” means the diagnosis of conditions of the
   23  human eye and its appendages; the employment of any objective or
   24  subjective means or methods, including the administration of
   25  topical ocular pharmaceutical agents, for the purpose of
   26  determining the refractive powers of the human eyes, or any
   27  visual, muscular, neurological, or anatomic anomalies of the
   28  human eyes and their appendages; and the prescribing and
   29  employment of lenses, prisms, frames, mountings, contact lenses,
   30  orthoptic exercises, light frequencies, and any other means or
   31  methods, including topical ocular pharmaceutical agents, for the
   32  correction, remedy, or relief of any insufficiencies or abnormal
   33  conditions of the human eyes and their appendages.
   34         Section 2. Paragraph (g) of subsection (1) of section
   35  463.005, Florida Statutes, is amended to read:
   36         463.005 Authority of the board.—
   37         (1) The Board of Optometry has authority to adopt rules
   38  pursuant to ss. 120.536(1) and 120.54 to implement the
   39  provisions of this chapter conferring duties upon it. Such rules
   40  shall include, but not be limited to, rules relating to:
   41         (g) Administration and prescription of topical ocular
   42  pharmaceutical agents.
   43         Section 3. Section 463.0055, Florida Statutes, is amended
   44  to read:
   45         463.0055 Administration and prescription of topical ocular
   46  pharmaceutical agents; committee.—
   47         (1)(a) Certified optometrists may administer and prescribe
   48  topical ocular pharmaceutical agents as provided in this section
   49  for the diagnosis and treatment of ocular conditions of the
   50  human eye and its appendages without the use of surgery or other
   51  invasive techniques. However, a licensed practitioner who is not
   52  certified may use topically applied anesthetics solely for the
   53  purpose of glaucoma examinations, but is otherwise prohibited
   54  from administering or prescribing topical ocular pharmaceutical
   55  agents.
   56         (b) Before a certified optometrist may administer or
   57  prescribe oral ocular pharmaceutical agents, the certified
   58  optometrist must complete a course and subsequent examination on
   59  general and ocular pharmacology which have a particular emphasis
   60  on the ingestion of oral pharmaceutical agents and the side
   61  effects of those agents. For certified optometrists licensed
   62  before January 1, 1990, the course shall consist of 50 contact
   63  hours and 25 of those hours shall be Internet-based. For
   64  certified optometrists licensed on or after January 1, 1990, the
   65  course shall consist of 20 contact hours and 10 of those hours
   66  shall be Internet-based. The first course and examination shall
   67  be presented by January 1, 2013, and shall thereafter be
   68  administered at least annually. The Florida Medical Association
   69  and the Florida Optometric Association shall jointly develop and
   70  administer a course and examination for such purpose and jointly
   71  determine the site or sites for the course and examination.
   72         (2)(a) There is hereby created a committee composed of two
   73  certified optometrists licensed pursuant to this chapter,
   74  appointed by the Board of Optometry, two board-certified
   75  ophthalmologists licensed pursuant to chapter 458 or chapter
   76  459, appointed by the Board of Medicine, and one additional
   77  person with a doctorate degree in pharmacology who is not
   78  licensed pursuant to chapter 458, chapter 459, or this chapter,
   79  appointed by the State Surgeon General. The committee shall
   80  review requests for additions to, deletions from, or
   81  modifications of a formulary of topical ocular pharmaceutical
   82  agents for administration and prescription by certified
   83  optometrists and shall provide to the board advisory opinions
   84  and recommendations on such requests. The formulary of topical
   85  ocular pharmaceutical agents shall consist of those topical
   86  ocular pharmaceutical agents that are appropriate to treat and
   87  diagnose ocular diseases and disorders and that which the
   88  certified optometrist is qualified to use in the practice of
   89  optometry. The board shall establish, add to, delete from, or
   90  modify the formulary by rule. Notwithstanding any provision of
   91  chapter 120 to the contrary, the formulary rule shall become
   92  effective 60 days from the date it is filed with the Secretary
   93  of State.
   94         (b) The topical formulary may be added to, deleted from, or
   95  modified according to the procedure described in paragraph (a).
   96  Any person who requests an addition, deletion, or modification
   97  of an authorized topical ocular pharmaceutical agent shall have
   98  the burden of proof to show cause why such addition, deletion,
   99  or modification should be made.
  100         (c) The State Surgeon General shall have standing to
  101  challenge any rule or proposed rule of the board pursuant to s.
  102  120.56. In addition to challenges for any invalid exercise of
  103  delegated legislative authority, the administrative law judge,
  104  upon such a challenge by the State Surgeon General, may declare
  105  all or part of a rule or proposed rule invalid if it:
  106         1. Does not protect the public from any significant and
  107  discernible harm or damages;
  108         2. Unreasonably restricts competition or the availability
  109  of professional services in the state or in a significant part
  110  of the state; or
  111         3. Unnecessarily increases the cost of professional
  112  services without a corresponding or equivalent public benefit.
  113  
  114         However, there shall not be created a presumption of the
  115  existence of any of the conditions cited in this subsection in
  116  the event that the rule or proposed rule is challenged.
  117         (d) Upon adoption of the topical formulary required by this
  118  section, and upon each addition, deletion, or modification to
  119  the topical formulary, the board shall mail a copy of the
  120  amended topical formulary to each certified optometrist and to
  121  each pharmacy licensed by the state.
  122         (3) In addition to the formulary of topical ocular
  123  pharmaceutical agents in subsection (2), there is created a
  124  statutory formulary of oral pharmaceutical agents, which include
  125  the following agents:
  126         (a) The following analgesics, or their generic or
  127  therapeutic equivalents, which may not be administered or
  128  prescribed for more than 72 hours without consultation with a
  129  physician licensed under chapter 458 or chapter 459 who is
  130  skilled in diseases of the eye:
  131         1. Tramadol hydrochloride.
  132         2. Acetaminophen 300 mg with No. 3 codeine phosphate 30 mg.
  133         (b) The following antibiotics, or their generic or
  134  therapeutic equivalents:
  135         1. Amoxicillin.
  136         2. Azithromycin.
  137         3. Ciproflaxacin.
  138         4. Dicloxacillin.
  139         5. Doxycycline.
  140         6. Keflex.
  141         7. Minocycline.
  142         (c) The following antivirals, or their generic or
  143  therapeutic equivalents:
  144         1. Acyclovir.
  145         2. Famciclovir.
  146         3. Valacyclovir.
  147         (d) The following oral anti-glaucoma agents, or their
  148  generic or therapeutic equivalents, which may not be
  149  administered or prescribed for more than 72 hours without
  150  consultation with a physician licensed under chapter 458 or
  151  chapter 459 who is skilled in diseases of the eye:
  152         1. Acetazolamide.
  153         2. Methazolamide.
  154  
  155  Any oral pharmaceutical agent that is listed in the statutory
  156  formulary set forth in this subsection and that is subsequently
  157  determined by the United States Food and Drug Administration to
  158  be unsafe for administration or prescription shall be considered
  159  to have been deleted from the formulary of oral pharmaceutical
  160  agents. The oral pharmaceutical agents on the statutory
  161  formulary set forth in this subsection may not otherwise be
  162  deleted by the board, the department, or the State Surgeon
  163  General.
  164         (4)(3) A certified optometrist shall be issued a prescriber
  165  number by the board. Any prescription written by a certified
  166  optometrist for a topical ocular pharmaceutical agent pursuant
  167  to this section shall have the prescriber number printed
  168  thereon.
  169         Section 4. Subsection (3) of section 463.0057, Florida
  170  Statutes, is amended to read:
  171         463.0057 Optometric faculty certificate.—
  172         (3) The holder of a faculty certificate may engage in the
  173  practice of optometry as permitted by this section, but may not
  174  administer or prescribe topical ocular pharmaceutical agents
  175  unless the certificateholder has satisfied the requirements of
  176  ss. 463.0055(1)(b) and s. 463.006(1)(b)4. and 5.
  177         Section 5. Subsections (2) and (3) of section 463.006,
  178  Florida Statutes, are amended to read:
  179         463.006 Licensure and certification by examination.—
  180         (2) The examination shall consist of the appropriate
  181  subjects, including applicable state laws and rules and general
  182  and ocular pharmacology with emphasis on the use topical
  183  application and side effects of ocular pharmaceutical agents.
  184  The board may by rule substitute a national examination as part
  185  or all of the examination and may by rule offer a practical
  186  examination in addition to the written examination.
  187         (3) Each applicant who successfully passes the examination
  188  and otherwise meets the requirements of this chapter is entitled
  189  to be licensed as a practitioner and to be certified to
  190  administer and prescribe topical ocular pharmaceutical agents in
  191  the diagnosis and treatment of ocular conditions.
  192         Section 6. Subsections (1) and (2) of section 463.0135,
  193  Florida Statutes, are amended, and subsection (10) is added to
  194  that section, to read:
  195         463.0135 Standards of practice.—
  196         (1) A licensed practitioner shall provide that degree of
  197  care which conforms to that level of care provided by medical
  198  practitioners in the same or similar communities. A certified
  199  optometrist shall administer and prescribe oral ocular
  200  pharmaceutical agents in a manner consistent with applicable
  201  preferred practice patterns of the American Academy of
  202  Ophthalmology. A licensed practitioner shall advise or assist
  203  her or his patient in obtaining further care when the service of
  204  another health care practitioner is required.
  205         (2) A licensed practitioner diagnosing angle closure,
  206  neovascular, infantile, or congenital forms of glaucoma shall
  207  promptly and without unreasonable delay refer the patient to a
  208  physician skilled in diseases of the eye and licensed under
  209  chapter 458 or chapter 459. In addition, a licensed practitioner
  210  shall timely refer any patient who experiences progressive
  211  glaucoma due to failed pharmaceutical intervention to a
  212  physician who is skilled in diseases of the eye and licensed
  213  under chapter 458 or chapter 459.
  214         (10) Comanagement of postoperative care shall be conducted
  215  pursuant to an established protocol that governs the
  216  relationship between the operating surgeon and the optometrist.
  217  The patient shall be informed that either physician will be
  218  available for emergency care throughout the postoperative
  219  period, and the patient shall consent in writing to the
  220  comanagement relationship.
  221         Section 7. Subsections (3) and (4) of section 463.014,
  222  Florida Statutes, are amended to read:
  223         463.014 Certain acts prohibited.—
  224         (3) Prescribing, ordering, dispensing, administering,
  225  supplying, selling, or giving any systemic drugs for the purpose
  226  of treating a systemic disease by a licensed practitioner is
  227  prohibited. However, a certified optometrist is permitted to use
  228  commonly accepted means or methods to immediately address
  229  incidents of anaphylaxis.
  230         (4) Surgery of any kind, including the use of lasers, is
  231  expressly prohibited. For purposes of this subsection, the term
  232  “surgery” means a procedure using an instrument, including
  233  lasers, scalpels, or needles, in which human tissue is cut,
  234  burned, or vaporized by incision, injection, ultrasound, laser,
  235  or radiation. The term includes procedures using instruments
  236  that require closing by suturing, clamping, or another such
  237  device. Certified optometrists may remove superficial foreign
  238  bodies. For the purposes of this subsection, the term
  239  “superficial foreign bodies” means any foreign matter that is
  240  embedded in the conjunctiva or cornea but which has not
  241  penetrated the globe.
  242         Section 8. Section 463.0141, Florida Statutes, is created
  243  to read:
  244         463.0141Reports of adverse incidents in the practice of
  245  optometry.—
  246         (1) Any adverse incident that occurs on or after January 1,
  247  2013, in the practice of optometry must be reported to the
  248  department in accordance with this section.
  249         (2) The required notification to the department must be
  250  submitted in writing by certified mail and postmarked within 15
  251  days after the occurrence of the adverse incident.
  252         (3) For purposes of notification to the department, the
  253  term “adverse incident,” as used in this section, means an event
  254  that is associated in whole or in part with the prescribing of
  255  an oral ocular pharmaceutical agent and that results in one of
  256  the following:
  257         (a) Any condition that requires the transfer of a patient
  258  to a hospital licensed under chapter 395;
  259         (b) Any condition that requires the patient to obtain care
  260  from a physician licensed under chapter 458 or chapter 459,
  261  other than a referral or a consultation required under this
  262  chapter;
  263         (c) Permanent physical injury to the patient;
  264         (d) Partial or complete permanent loss of sight by the
  265  patient; or
  266         (e) Death of the patient.
  267         (4) The department shall review each incident and determine
  268  whether it potentially involved conduct by the licensed
  269  practitioner which may be subject to disciplinary action, in
  270  which case s. 456.073 applies. Disciplinary action, if any,
  271  shall be taken by the board.
  272         Section 9. Subsection (1) of section 483.035, Florida
  273  Statutes, is amended to read:
  274         483.035 Clinical laboratories operated by practitioners for
  275  exclusive use; licensure and regulation.—
  276         (1) A clinical laboratory operated by one or more
  277  practitioners licensed under chapter 458, chapter 459, chapter
  278  460, chapter 461, chapter 462, chapter 463, or chapter 466,
  279  exclusively in connection with the diagnosis and treatment of
  280  their own patients, must be licensed under this part and must
  281  comply with the provisions of this part, except that the agency
  282  shall adopt rules for staffing, for personnel, including
  283  education and training of personnel, for proficiency testing,
  284  and for construction standards relating to the licensure and
  285  operation of the laboratory based upon and not exceeding the
  286  same standards contained in the federal Clinical Laboratory
  287  Improvement Amendments of 1988 and the federal regulations
  288  adopted thereunder.
  289         Section 10. Subsection (7) of section 483.041, Florida
  290  Statutes, is amended to read:
  291         483.041 Definitions.—As used in this part, the term:
  292         (7) “Licensed practitioner” means a physician licensed
  293  under chapter 458, chapter 459, chapter 460, or chapter 461, or
  294  chapter 463; a dentist licensed under chapter 466; a person
  295  licensed under chapter 462; or an advanced registered nurse
  296  practitioner licensed under part I of chapter 464; or a duly
  297  licensed practitioner from another state licensed under similar
  298  statutes who orders examinations on materials or specimens for
  299  nonresidents of the State of Florida, but who reside in the same
  300  state as the requesting licensed practitioner.
  301         Section 11. Subsection (5) of section 483.181, Florida
  302  Statutes, is amended to read:
  303         483.181 Acceptance, collection, identification, and
  304  examination of specimens.—
  305         (5) A clinical laboratory licensed under this part must
  306  accept a human specimen submitted for examination by a
  307  practitioner licensed under chapter 458, chapter 459, chapter
  308  460, chapter 461, chapter 462, chapter 463, s. 464.012, or
  309  chapter 466, if the specimen and test are the type performed by
  310  the clinical laboratory. A clinical laboratory may only refuse a
  311  specimen based upon a history of nonpayment for services by the
  312  practitioner. A clinical laboratory shall not charge different
  313  prices for tests based upon the chapter under which a
  314  practitioner submitting a specimen for testing is licensed.
  315         Section 12. Paragraph (b) of subsection (6) of section
  316  766.106, Florida Statutes, is amended to read:
  317         766.106 Notice before filing action for medical negligence;
  318  presuit screening period; offers for admission of liability and
  319  for arbitration; informal discovery; review.—
  320         (6) INFORMAL DISCOVERY.—
  321         (b) Informal discovery may be used by a party to obtain
  322  unsworn statements, the production of documents or things, and
  323  physical and mental examinations, and ex parte interviews, as
  324  follows:
  325         1. Unsworn statements.—Any party may require other parties
  326  to appear for the taking of an unsworn statement. Such
  327  statements may be used only for the purpose of presuit screening
  328  and are not discoverable or admissible in any civil action for
  329  any purpose by any party. A party desiring to take the unsworn
  330  statement of any party must give reasonable notice in writing to
  331  all parties. The notice must state the time and place for taking
  332  the statement and the name and address of the party to be
  333  examined. Unless otherwise impractical, the examination of any
  334  party must be done at the same time by all other parties. Any
  335  party may be represented by counsel at the taking of an unsworn
  336  statement. An unsworn statement may be recorded electronically,
  337  stenographically, or on videotape. The taking of unsworn
  338  statements is subject to the provisions of the Florida Rules of
  339  Civil Procedure and may be terminated for abuses.
  340         2. Documents or things.—Any party may request discovery of
  341  documents or things. The documents or things must be produced,
  342  at the expense of the requesting party, within 20 days after the
  343  date of receipt of the request. A party is required to produce
  344  discoverable documents or things within that party’s possession
  345  or control. Medical records shall be produced as provided in s.
  346  766.204.
  347         3. Physical and mental examinations.—A prospective
  348  defendant may require an injured claimant to appear for
  349  examination by an appropriate health care provider. The
  350  prospective defendant shall give reasonable notice in writing to
  351  all parties as to the time and place for examination. Unless
  352  otherwise impractical, a claimant is required to submit to only
  353  one examination on behalf of all potential defendants. The
  354  practicality of a single examination must be determined by the
  355  nature of the claimant’s condition, as it relates to the
  356  liability of each prospective defendant. Such examination report
  357  is available to the parties and their attorneys upon payment of
  358  the reasonable cost of reproduction and may be used only for the
  359  purpose of presuit screening. Otherwise, such examination report
  360  is confidential and exempt from the provisions of s. 119.07(1)
  361  and s. 24(a), Art. I of the State Constitution.
  362         4. Written questions.—Any party may request answers to
  363  written questions, the number of which may not exceed 30,
  364  including subparts. A response must be made within 20 days after
  365  receipt of the questions.
  366         5. Unsworn statements of treating health care providers.—A
  367  prospective defendant or his or her legal representative may
  368  also take unsworn statements of the claimant’s treating health
  369  care providers. The statements must be limited to those areas
  370  that are potentially relevant to the claim of personal injury or
  371  wrongful death. Subject to the procedural requirements of
  372  subparagraph 1., a prospective defendant may take unsworn
  373  statements from a claimant’s treating physicians. Reasonable
  374  notice and opportunity to be heard must be given to the claimant
  375  or the claimant’s legal representative before taking unsworn
  376  statements. The claimant or claimant’s legal representative has
  377  the right to attend the taking of such unsworn statements.
  378         6. Ex parte interviews of treating health care providers.—A
  379  prospective defendant or his or her legal representative may
  380  interview the claimant’s treating health care providers without
  381  the presence of the claimant or the claimant’s legal
  382  representative. If a prospective defendant or his or her legal
  383  representative intends to interview a claimant’s health care
  384  providers, the prospective defendant must provide the claimant
  385  with notice of such interview at least 10 days before the date
  386  of the interview.
  387         Section 13. Section 766.1091, Florida Statutes, is created
  388  to read:
  389         766.1091 Voluntary binding arbitration; damages.—
  390         (1)A health care provider licensed under chapter 458,
  391  chapter 459, chapter 463, or chapter 466; any entity owned in
  392  whole or in part by a health care provider licensed under
  393  chapter 458, chapter 459, chapter 463, or chapter 466; or any
  394  health care clinic licensed under part X of chapter 400, and a
  395  patient or prospective patient, may agree in writing to submit
  396  to arbitration any claim for medical negligence which may
  397  currently exist or may accrue in the future and would otherwise
  398  be brought pursuant to this chapter. Any arbitration agreement
  399  entered into pursuant to this section shall be governed by
  400  chapter 682.
  401         (2)Any arbitration agreement entered into pursuant to
  402  subsection (1) may contain a provision that limits the available
  403  damages in an arbitration award.
  404         Section 14. Subsection (21) of section 893.02, Florida
  405  Statutes, is amended to read:
  406         893.02 Definitions.—The following words and phrases as used
  407  in this chapter shall have the following meanings, unless the
  408  context otherwise requires:
  409         (21) “Practitioner” means a physician licensed pursuant to
  410  chapter 458, a dentist licensed pursuant to chapter 466, a
  411  veterinarian licensed pursuant to chapter 474, an osteopathic
  412  physician licensed pursuant to chapter 459, a naturopath
  413  licensed pursuant to chapter 462, a certified optometrist
  414  licensed under chapter 463, or a podiatric physician licensed
  415  pursuant to chapter 461, provided such practitioner holds a
  416  valid federal controlled substance registry number.
  417         Section 15. Subsection (1) of section 893.05, Florida
  418  Statutes, is amended to read:
  419         893.05 Practitioners and persons administering controlled
  420  substances in their absence.—
  421         (1) A practitioner, in good faith and in the course of his
  422  or her professional practice only, may prescribe, administer,
  423  dispense, mix, or otherwise prepare a controlled substance, or
  424  the practitioner may cause the same to be administered by a
  425  licensed nurse or an intern practitioner under his or her
  426  direction and supervision only. A veterinarian may so prescribe,
  427  administer, dispense, mix, or prepare a controlled substance for
  428  use on animals only, and may cause it to be administered by an
  429  assistant or orderly under the veterinarian’s direction and
  430  supervision only. A certified optometrist licensed under chapter
  431  463 may not administer or prescribe pharmaceutical agents in
  432  Schedule I or Schedule II of the Florida Comprehensive Drug
  433  Abuse Prevention and Control Act.
  434         Section 16. This act shall take effect July 1, 2012.
  435  
  436  
  437  ================= T I T L E  A M E N D M E N T ================
  438         And the title is amended as follows:
  439         Delete everything before the enacting clause
  440  and insert:
  441                        A bill to be entitled                      
  442         An act relating to health care; amending s. 463.002,
  443         F.S.; conforming provisions to changes made by the
  444         act; amending s. 463.005, F.S.; authorizing the Board
  445         of Optometry to adopt rules for the administration and
  446         prescription of ocular pharmaceutical agents; amending
  447         s. 463.0055, F.S.; authorizing certified optometrists
  448         to administer and prescribe pharmaceutical agents
  449         under certain circumstances; requiring that a
  450         certified optometrist complete a course and subsequent
  451         examination on general and ocular pharmacology;
  452         providing requirements for the course; requiring that
  453         the Florida Medical Association and the Florida
  454         Optometric Association jointly develop and administer
  455         the course and examination; revising qualifications of
  456         certain members of the formulary committee; providing
  457         for a formulary of topical ocular pharmaceutical
  458         agents which the committee may modify; specifying the
  459         agents that make up the statutory formulary of oral
  460         pharmaceutical agents; authorizing the deletion of an
  461         oral pharmaceutical agent listed in the statutory
  462         formulary under certain circumstances; prohibiting the
  463         board, the Department of Health, or the State Surgeon
  464         General from deleting an oral pharmaceutical agent
  465         listed in the statutory formulary; amending ss.
  466         463.0057 and 463.006, F.S.; conforming provisions to
  467         changes made by the act; amending s. 463.0135, F.S.;
  468         requiring that a certified optometrist administer and
  469         prescribe oral ocular pharmaceutical agents in a
  470         certain manner; requiring that a licensed practitioner
  471         who diagnoses a patient who has a neovascular form of
  472         glaucoma or progressive glaucoma immediately refer the
  473         patient to a physician who is skilled in the diseases
  474         of the eye; requiring that comanagement of
  475         postoperative care be conducted pursuant to an
  476         established protocol; requiring that the patient be
  477         informed that a physician will be available for
  478         emergency care throughout the postoperative period;
  479         requiring that the patient consent in writing to the
  480         comanagement relationship; amending s. 463.014, F.S.;
  481         revising certain prohibited acts regarding an
  482         optometrist conducting surgery and dispensing,
  483         administering, ordering, supplying, or selling certain
  484         drugs; creating s. 463.0141, F.S.; requiring that
  485         adverse incidents in the practice of optometry be
  486         reported to the Department of Health; providing
  487         requirements for notifying the department of an
  488         adverse incident; providing a definition; requiring
  489         that the department review each incident and determine
  490         whether it involved conduct that is subject to
  491         disciplinary action; requiring that the Board of
  492         Optometry take disciplinary action if necessary;
  493         amending s. 483.035, F.S., relating to licensure and
  494         regulation of clinical laboratories operated by
  495         practitioners for exclusive use; providing
  496         applicability to clinical laboratories operated by
  497         practitioners licensed to practice optometry; amending
  498         s. 483.041, F.S.; revising the definition of the term
  499         “licensed practitioner” to include a practitioner
  500         licensed under ch. 463, F.S.; amending s. 483.181,
  501         F.S.; requiring clinical laboratories to accept human
  502         specimens submitted by practitioners licensed to
  503         practice under ch. 463, F.S.; amending s. 766.106,
  504         F.S.; authorizing a prospective defendant to obtain
  505         informal discovery by conducting ex parte interviews
  506         of treating health care providers; requiring advance
  507         notice to the claimant of an ex parte interview;
  508         creating s. 766.1091, F.S.; authorizing a health care
  509         provider or health care clinic and a patient or
  510         prospective patient to agree to submit a current or
  511         future claim of medical negligence to arbitration;
  512         requiring that the arbitration agreement be governed
  513         by ch. 682, F.S.; authorizing the arbitration
  514         agreement to contain a provision that limits an award
  515         of damages; amending s. 893.02, F.S.; revising the
  516         definition of the term “practitioner” to include
  517         certified optometrists for purposes of the Florida
  518         Comprehensive Drug Abuse Prevention and Control Act;
  519         amending s. 893.05, F.S.; prohibiting certified
  520         optometrists from administering and prescribing
  521         certain controlled substances; providing an effective
  522         date.