Senate Bill 0142

CODING: Words stricken are deletions; words underlined are additions.


    Florida Senate - 2000                                   SB 142

    By Senator Kirkpatrick





    5-235-00                                                See HB

  1                      A bill to be entitled

  2         An act relating to optometry; amending s.

  3         463.002, F.S.; revising definitions; amending

  4         s. 463.005, F.S.; requiring the Board of

  5         Optometry in implementing ch. 463, F.S., the

  6         Optometry Practice Act, to adopt rules relating

  7         to scope and standards of practice; amending s.

  8         463.0055, F.S.; authorizing administration and

  9         prescription of pharmaceutical agents within

10         the scope and standards of optometric practice

11         as established by the board by rule and

12         providing requirements with respect thereto;

13         authorizing licensed practitioners to use

14         mydriatics and cycloplegics for diagnostic

15         purposes; revising duties of the pharmaceutical

16         agent formulary committee; eliminating

17         provisions relating to the effective date of

18         the formulary rule and to challenges by the

19         Secretary of Health to rules or proposed rules

20         of the board; amending ss. 463.0057, 463.006,

21         and 463.009, F.S., relating to optometric

22         faculty certificates, licensure and

23         certification by examination, and supportive

24         personnel, to conform; amending s. 463.014,

25         F.S.; eliminating a provision that prohibits a

26         licensed practitioner from prescribing,

27         ordering, dispensing, administering, supplying,

28         selling, or giving systemic drugs; providing an

29         effective date.

30

31  Be It Enacted by the Legislature of the State of Florida:

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 142
    5-235-00                                                See HB




  1         Section 1.  Subsections (3), (4), and (5) of section

  2  463.002, Florida Statutes, are amended to read:

  3         463.002  Definitions.--As used in this chapter, the

  4  term:

  5         (3)(a)  "Licensed practitioner" means a person who is a

  6  primary health care provider licensed to engage in the

  7  practice of optometry under the authority of this chapter.

  8         (b)  A licensed practitioner who is not a certified

  9  optometrist shall be required to display at her or his place

10  of practice a sign which states, "I am a Licensed

11  Practitioner, not a Certified Optometrist, and I am not able

12  to prescribe topical ocular pharmaceutical agents."

13         (c)  All practitioners initially licensed after July 1,

14  1993, must be certified optometrists.

15         (4)  "Certified optometrist" means a licensed

16  practitioner authorized by the board to administer and

17  prescribe topical ocular pharmaceutical agents.

18         (5)  "Optometry" means the diagnosis of conditions of

19  the human eye and its appendages; the employment of any

20  objective or subjective means or methods, including the

21  administration of topical ocular pharmaceutical agents, for

22  the purpose of determining the refractive powers of the human

23  eyes, or any visual, muscular, neurological, or anatomic

24  anomalies of the human eyes and their appendages; and the

25  prescribing and employment of lenses, prisms, frames,

26  mountings, contact lenses, orthoptic exercises, light

27  frequencies, and any other means or methods, including topical

28  ocular pharmaceutical agents, for the correction, remedy, or

29  relief of any insufficiencies or abnormal conditions of the

30  human eyes and their appendages.

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 142
    5-235-00                                                See HB




  1         Section 2.  Paragraphs (a) and (g) of subsection (1) of

  2  section 463.005, Florida Statutes, are amended to read:

  3         463.005  Authority of the board.--

  4         (1)  The Board of Optometry has authority to adopt

  5  rules pursuant to ss. 120.536(1) and 120.54 to implement the

  6  provisions of this chapter conferring duties upon it. Such

  7  rules shall include, but not be limited to, rules relating to:

  8         (a)  Scope and standards of practice, including, but

  9  not limited to, those provided for in s. 463.0135.

10         (g)  Administration and prescription of topical ocular

11  pharmaceutical agents.

12         Section 3.  Section 463.0055, Florida Statutes, is

13  amended to read:

14         463.0055  Administration and prescription of topical

15  ocular pharmaceutical agents; committee.--

16         (1)  Certified optometrists may administer and

17  prescribe topical ocular pharmaceutical agents as provided in

18  this section for the diagnosis and treatment of ocular

19  conditions of the human eye and its appendages without the use

20  of surgery or other invasive techniques.  However, a licensed

21  practitioner who is not certified may use topically applied

22  anesthetics, mydriatics, and cycloplegics solely for

23  diagnostic purposes the purpose of glaucoma examinations, but

24  is otherwise prohibited from administering or prescribing

25  topical ocular pharmaceutical agents.

26         (2)(a)  There is hereby created a committee composed of

27  two optometrists licensed pursuant to this chapter, appointed

28  by the Board of Optometry, two board-certified

29  ophthalmologists licensed pursuant to chapter 458 or chapter

30  459, appointed by the Board of Medicine, and one additional

31  person with a doctorate degree in pharmacology who is not

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 142
    5-235-00                                                See HB




  1  licensed pursuant to chapter 458, chapter 459, or this

  2  chapter, appointed by the secretary. The committee members

  3  shall review requests for additions to, deletions from, or

  4  modifications of a formulary of topical ocular pharmaceutical

  5  agents for administration and prescription by certified

  6  optometrists and may, as the committee deems appropriate,

  7  shall provide to the board advisory opinions and

  8  recommendations on such requests.  The formulary shall consist

  9  of those topical ocular pharmaceutical agents which the

10  certified optometrist is qualified to use in the practice of

11  optometry.  The board shall establish, add to, delete from, or

12  modify the formulary by rule.  Notwithstanding any provision

13  of chapter 120 to the contrary, the formulary rule shall

14  become effective 60 days from the date it is filed with the

15  Secretary of State.

16         (b)  The formulary may be added to, deleted from, or

17  modified according to the procedure described in paragraph

18  (a). Any person who requests an addition, deletion, or

19  modification of an authorized topical ocular pharmaceutical

20  agent shall have the burden of proof to show cause why such

21  addition, deletion, or modification should be made.

22         (c)  The secretary of the department shall have

23  standing to challenge any rule or proposed rule of the board

24  pursuant to s. 120.56.  In addition to challenges for any

25  invalid exercise of delegated legislative authority, the

26  administrative law judge, upon such a challenge by the

27  secretary, may declare all or part of a rule or proposed rule

28  invalid if it:

29         1.  Does not protect the public from any significant

30  and discernible harm or damages;

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 142
    5-235-00                                                See HB




  1         2.  Unreasonably restricts competition or the

  2  availability of professional services in the state or in a

  3  significant part of the state; or

  4         3.  Unnecessarily increases the cost of professional

  5  services without a corresponding or equivalent public benefit.

  6

  7  However, there shall not be created a presumption of the

  8  existence of any of the conditions cited in this subsection in

  9  the event that the rule or proposed rule is challenged.

10         (c)(d)  Upon adoption of the formulary required by this

11  section, and upon each addition, deletion, or modification to

12  the formulary, the board shall mail a copy of the amended

13  formulary to each certified optometrist and to each pharmacy

14  licensed by the state.

15         (3)  A certified optometrist shall be issued a

16  prescriber number by the board.  Any prescription written by a

17  certified optometrist for a topical ocular pharmaceutical

18  agent pursuant to this section shall have the prescriber

19  number printed thereon.

20         Section 4.  Subsection (3) of section 463.0057, Florida

21  Statutes, is amended to read:

22         463.0057  Optometric faculty certificate.--

23         (3)  The holder of a faculty certificate may engage in

24  the practice of optometry as permitted by this section, but

25  may not administer or prescribe topical ocular pharmaceutical

26  agents unless the certificateholder has satisfied the

27  requirements of s. 463.006(1)(b)4. and 5.

28         Section 5.  Subsections (2) and (3) of section 463.006,

29  Florida Statutes, are amended to read:

30         463.006  Licensure and certification by examination.--

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 142
    5-235-00                                                See HB




  1         (2)  The examination shall consist of the appropriate

  2  subjects, including applicable state laws and rules and

  3  general and ocular pharmacology with emphasis on the topical

  4  application and side effects of ocular pharmaceutical agents.

  5  The board may by rule substitute a national examination as

  6  part or all of the examination and may by rule offer a

  7  practical examination in addition to the written examination.

  8         (3)  Each applicant who successfully passes the

  9  examination and otherwise meets the requirements of this

10  chapter is entitled to be licensed as a practitioner and to be

11  certified to administer and prescribe topical ocular

12  pharmaceutical agents in the diagnosis and treatment of ocular

13  conditions.

14         Section 6.  Section 463.009, Florida Statutes, is

15  amended to read:

16         463.009  Supportive personnel.--No person other than a

17  licensed practitioner may engage in the practice of optometry

18  as defined in s. 463.002(5).  Except as provided in this

19  section, under no circumstances shall nonlicensed supportive

20  personnel be delegated diagnosis or treatment duties; however,

21  such personnel may perform data gathering, preliminary

22  testing, prescribed visual therapy, and related duties under

23  the direct supervision of the licensed practitioner.

24  Nonlicensed personnel, who need not be employees of the

25  licensed practitioner, may perform ministerial duties, tasks,

26  and functions assigned to them by and performed under the

27  general supervision of a licensed practitioner, including

28  obtaining information from consumers for the purpose of making

29  appointments for the licensed practitioner. The licensed

30  practitioner shall be responsible for all delegated acts

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 142
    5-235-00                                                See HB




  1  performed by persons under her or his direct and general

  2  supervision.

  3         Section 7.  Section 463.014, Florida Statutes, is

  4  amended to read:

  5         463.014  Certain acts prohibited.--

  6         (1)(a)  No corporation, lay body, organization, or

  7  individual other than a licensed practitioner shall engage in

  8  the practice of optometry through the means of engaging the

  9  services, upon a salary, commission, or other means or

10  inducement, of any person licensed to practice optometry in

11  this state.  Nothing in this section shall be deemed to

12  prohibit the association of a licensed practitioner with a

13  multidisciplinary group of licensed health care professionals,

14  the primary objective of which is the diagnosis and treatment

15  of the human body.

16         (b)  No licensed practitioner shall engage in the

17  practice of optometry with any corporation, organization,

18  group, or lay individual.  This provision shall not prohibit

19  licensed practitioners from employing, or from forming

20  partnerships or professional associations with, licensed

21  practitioners licensed in this state or with other licensed

22  health care professionals, the primary objective of whom is

23  the diagnosis and treatment of the human body.

24         (c)  No rule of the board shall forbid the practice of

25  optometry in or on the premises of a commercial or mercantile

26  establishment.

27         (d)  No licensed practitioner may practice under

28  practice identification names, trade names, or service names,

29  unless any dissemination of information by the practitioner to

30  consumers contains the name under which the practitioner is

31  licensed or that of the professional association in which the

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 142
    5-235-00                                                See HB




  1  practitioner participates. Any advertisement or other

  2  dissemination of information to consumers may contain factual

  3  information as to the geographic location of licensed

  4  practitioners or of the availability of optometric services.

  5         (e)  No licensed practitioner shall adopt and publish

  6  or cause to be published any practice identification name,

  7  trade name, or service name which is, contains, or is intended

  8  to serve as an affirmation of the quality or competitive value

  9  of the optometric services provided at the identified

10  practice.

11         (2)  A corporation or labor organization may employ

12  licensed practitioners to provide optometric services to bona

13  fide employees of such corporation and members of their

14  immediate families or to bona fide members of such labor

15  organization and members of their immediate families, provided

16  the provision of such services is incidental to the legitimate

17  business of such corporation or labor organization. Nothing in

18  this section shall be deemed to authorize the employment of

19  licensed practitioners by corporations or organizations formed

20  primarily for such purposes.

21         (3)  Prescribing, ordering, dispensing, administering,

22  supplying, selling, or giving any systemic drugs by a licensed

23  practitioner is prohibited.

24         (3)(4)  Surgery of any kind, including the use of

25  lasers, is expressly prohibited.  Certified optometrists may

26  remove superficial foreign bodies.  For the purposes of this

27  subsection, the term "superficial foreign bodies" means any

28  foreign matter that is embedded in the conjunctiva or cornea

29  but which has not penetrated the globe.

30         (4)(5)  No rule of the board shall prohibit a licensed

31  practitioner from authorizing a board-certified optician to

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 142
    5-235-00                                                See HB




  1  fill, fit, adapt, or dispense a contact lens prescription as

  2  authorized under chapter 484.

  3         Section 8.  This act shall take effect October 1, 2000.

  4

  5            *****************************************

  6                          HOUSE SUMMARY

  7
      Requires the Board of Optometry in implementing ch. 463,
  8    F.S., the Optometry Practice Act, to adopt rules relating
      to scope and standards of practice. Authorizes
  9    administration and prescription of pharmaceutical agents
      within the scope and standards of optometric practice as
10    established by the board by rule and provides
      requirements with respect thereto. Authorizes licensed
11    practitioners to use mydriatics and cycloplegics for
      diagnostic purposes. Revises duties of the pharmaceutical
12    agent formulary committee. Eliminates provisions relating
      to the effective date of the formulary rule and to
13    challenges by the Secretary of Health to rules or
      proposed rules of the board. Amends various provisions of
14    law to conform. See bill for details.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  9