Senate Bill sb1714
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Florida Senate - 2003 SB 1714
By Senator Jones
13-961A-03 See HB
1 A bill to be entitled
2 An act relating to optometry; amending ss.
3 463.002, 463.005, 463.0055, 463.0057, 463.006,
4 and 463.014, F.S.; providing that the
5 administration and prescription of
6 pharmaceutical agents is not restricted to
7 topical ocular pharmaceutical agents; providing
8 an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (b) of subsection (3) and
13 subsections (4) and (5) of section 463.002, Florida Statutes,
14 are amended to read:
15 463.002 Definitions.--As used in this chapter, the
16 term:
17 (3)
18 (b) A licensed practitioner who is not a certified
19 optometrist shall be required to display at her or his place
20 of practice a sign which states, "I am a Licensed
21 Practitioner, not a Certified Optometrist, and I am not able
22 to prescribe topical ocular pharmaceutical agents."
23 (4) "Certified optometrist" means a licensed
24 practitioner authorized by the board to administer and
25 prescribe topical ocular pharmaceutical agents pursuant to s.
26 463.0055.
27 (5) "Optometry" means the diagnosis of conditions of
28 the human eye and its appendages; the employment of any
29 objective or subjective means or methods, including the
30 administration of topical ocular pharmaceutical agents
31 pursuant to s. 463.0055, for the purpose of determining the
1
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Florida Senate - 2003 SB 1714
13-961A-03 See HB
1 refractive powers of the human eyes, or any visual, muscular,
2 neurological, or anatomic anomalies of the human eyes and
3 their appendages; and the prescribing and employment of
4 lenses, prisms, frames, mountings, contact lenses, orthoptic
5 exercises, light frequencies, and any other means or methods,
6 including topical ocular pharmaceutical agents pursuant to s.
7 463.0055, for the correction, remedy, or relief of any
8 insufficiencies or abnormal conditions of the human eyes and
9 their appendages.
10 Section 2. Paragraph (g) of subsection (1) of section
11 463.005, Florida Statutes, is amended to read:
12 463.005 Authority of the board.--
13 (1) The Board of Optometry has authority to adopt
14 rules pursuant to ss. 120.536(1) and 120.54 to implement the
15 provisions of this chapter conferring duties upon it. Such
16 rules shall include, but not be limited to, rules relating to:
17 (g) Administration and prescription of topical ocular
18 pharmaceutical agents.
19 Section 3. Section 463.0055, Florida Statutes, is
20 amended to read:
21 463.0055 Administration and prescription of topical
22 ocular pharmaceutical agents; committee.--
23 (1) Certified optometrists may administer and
24 prescribe topical ocular pharmaceutical agents as provided in
25 this section for the diagnosis and treatment of ocular
26 conditions of the human eye and its appendages without the use
27 of surgery or other invasive techniques. However, a licensed
28 practitioner who is not certified may use topically applied
29 anesthetics solely for the purpose of glaucoma examinations,
30 but is otherwise prohibited from administering or prescribing
31 topical ocular pharmaceutical agents.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1714
13-961A-03 See HB
1 (2)(a) There is hereby created a committee composed of
2 two optometrists licensed pursuant to this chapter, appointed
3 by the Board of Optometry, two board-certified
4 ophthalmologists licensed pursuant to chapter 458 or chapter
5 459, appointed by the Board of Medicine, and one additional
6 person with a doctorate degree in pharmacology who is not
7 licensed pursuant to chapter 458, chapter 459, or this
8 chapter, appointed by the secretary. The committee shall
9 review requests for additions to, deletions from, or
10 modifications of a formulary of topical ocular pharmaceutical
11 agents for administration and prescription by certified
12 optometrists and shall provide to the board advisory opinions
13 and recommendations on such requests. The formulary shall
14 consist of those topical ocular pharmaceutical agents which
15 the certified optometrist is qualified to use in the practice
16 of optometry. The board shall establish, add to, delete from,
17 or modify the formulary by rule. When the board has approved a
18 pharmaceutical agent for topical administration, the board may
19 also approve administration of that agent by means other than
20 injection, provided that the board may not approve steroids or
21 antifungal agents for oral administration. Notwithstanding any
22 provision of chapter 120 to the contrary, the formulary rule
23 shall become effective 60 days from the date it is filed with
24 the Secretary of State.
25 (b) The formulary may be added to, deleted from, or
26 modified according to the procedure described in paragraph
27 (a). Any person who requests an addition, deletion, or
28 modification of an authorized topical ocular pharmaceutical
29 agent shall have the burden of proof to show cause why such
30 addition, deletion, or modification should be made.
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Florida Senate - 2003 SB 1714
13-961A-03 See HB
1 (c) The secretary of the department shall have
2 standing to challenge any rule or proposed rule of the board
3 pursuant to s. 120.56. In addition to challenges for any
4 invalid exercise of delegated legislative authority, the
5 administrative law judge, upon such a challenge by the
6 secretary, may declare all or part of a rule or proposed rule
7 invalid if it:
8 1. Does not protect the public from any significant
9 and discernible harm or damages;
10 2. Unreasonably restricts competition or the
11 availability of professional services in the state or in a
12 significant part of the state; or
13 3. Unnecessarily increases the cost of professional
14 services without a corresponding or equivalent public benefit.
15
16 However, there shall not be created a presumption of the
17 existence of any of the conditions cited in this subsection in
18 the event that the rule or proposed rule is challenged.
19 (d) Upon adoption of the formulary required by this
20 section, and upon each addition, deletion, or modification to
21 the formulary, the board shall mail a copy of the amended
22 formulary to each certified optometrist and to each pharmacy
23 licensed by the state.
24 (3) A certified optometrist shall be issued a
25 prescriber number by the board. Any prescription written by a
26 certified optometrist for a topical ocular pharmaceutical
27 agent pursuant to this section shall have the prescriber
28 number printed thereon.
29 Section 4. Subsection (3) of section 463.0057, Florida
30 Statutes, is amended to read:
31 463.0057 Optometric faculty certificate.--
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Florida Senate - 2003 SB 1714
13-961A-03 See HB
1 (3) The holder of a faculty certificate may engage in
2 the practice of optometry as permitted by this section, but
3 may not administer or prescribe topical ocular pharmaceutical
4 agents unless the certificateholder has satisfied the
5 requirements of s. 463.006(1)(b)4. and 5.
6 Section 5. Subsections (2) and (3) of section 463.006,
7 Florida Statutes, are amended to read:
8 463.006 Licensure and certification by examination.--
9 (2) The examination shall consist of the appropriate
10 subjects, including applicable state laws and rules and
11 general and ocular pharmacology with emphasis on the topical
12 application and side effects of ocular pharmaceutical agents.
13 The board may by rule substitute a national examination as
14 part or all of the examination and may by rule offer a
15 practical examination in addition to the written examination.
16 (3) Each applicant who successfully passes the
17 examination and otherwise meets the requirements of this
18 chapter is entitled to be licensed as a practitioner and to be
19 certified to administer and prescribe topical ocular
20 pharmaceutical agents pursuant to s. 463.0055 in the diagnosis
21 and treatment of ocular conditions.
22 Section 6. Subsection (3) of section 463.014, Florida
23 Statutes, is amended to read:
24 463.014 Certain acts prohibited.--
25 (3) Prescribing, ordering, dispensing, administering,
26 supplying, selling, or giving any unauthorized pharmaceutical
27 agent systemic drugs by a licensed practitioner is prohibited.
28 Section 7. This act shall take effect upon becoming a
29 law.
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