HB 507

1
A bill to be entitled
2An act relating to optometry; amending s. 463.002, F.S.;
3revising definitions to conform to provisions authorizing
4the oral administration of ocular pharmaceutical agents by
5certain practitioners; amending s. 463.005, F.S.;
6requiring the Board of Optometry to adopt rules governing
7the administration and prescription of oral ocular
8pharmaceutical agents; amending s. 463.0055, F.S.;
9requiring an advisory committee to review requests for
10modifications of a formulary of topical and oral ocular
11pharmaceutical agents; requiring that the formulary
12consist of topical and oral pharmaceutical agents and
13those pharmaceutical agents appropriate to treat and
14diagnose ocular disease or disorders; requiring the
15prescriber number to be printed on a prescription for an
16oral ocular pharmaceutical agent; amending ss. 463.0057
17and 463.006, F.S., relating to faculty certificates and
18licensure and certification by examination; conforming
19provisions to changes made by the act; amending s. 893.02,
20F.S.; redefining the term "practitioner" for purposes of
21the Florida Comprehensive Drug Abuse Prevention and
22Control Act to include certified optometrists; amending s.
23893.05, F.S.; prohibiting an optometrist from
24administering or prescribing certain controlled
25substances; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Subsections (3), (4), and (5) of section
30463.002, Florida Statutes, are amended to read:
31     463.002  Definitions.--As used in this chapter, the term:
32     (3)(a)  "Licensed practitioner" means a person who is a
33primary health care provider licensed to engage in the practice
34of optometry under the authority of this chapter.
35     (b)  A licensed practitioner who is not a certified
36optometrist shall be required to display at her or his place of
37practice a sign that which states, "I am a Licensed
38Practitioner, not a Certified Optometrist, and I am not able to
39prescribe topical or oral ocular pharmaceutical agents."
40     (c)  All practitioners initially licensed after July 1,
411993, must be certified optometrists.
42     (4)  "Certified optometrist" means a licensed practitioner
43authorized by the board to administer and prescribe topical and
44oral ocular pharmaceutical agents.
45     (5)  "Optometry" means the diagnosis of conditions of the
46human eye and its appendages; the employment of any objective or
47subjective means or methods, including the administration of
48topical and oral ocular pharmaceutical agents, for the purpose
49of determining the refractive powers of the human eyes, or any
50visual, muscular, neurological, or anatomic anomalies of the
51human eyes and their appendages; and the prescribing and
52employment of lenses, prisms, frames, mountings, contact lenses,
53orthoptic exercises, light frequencies, and any other means or
54methods, including topical and oral ocular pharmaceutical
55agents, for the correction, remedy, or relief of any
56insufficiencies or abnormal conditions of the human eyes and
57their appendages.
58     Section 2.  Paragraph (g) of subsection (1) of section
59463.005, Florida Statutes, is amended to read:
60     463.005  Authority of the board.--
61     (1)  The Board of Optometry has authority to adopt rules
62pursuant to ss. 120.536(1) and 120.54 to implement the
63provisions of this chapter conferring duties upon it. Such rules
64shall include, but not be limited to, rules relating to:
65     (g)  Administration and prescription of topical and oral
66ocular pharmaceutical agents.
67     Section 3.  Section 463.0055, Florida Statutes, is amended
68to read:
69     463.0055  Administration and prescription of topical and
70oral ocular pharmaceutical agents; committee.--
71     (1)  Certified optometrists may administer and prescribe
72topical and oral ocular pharmaceutical agents as provided in
73this section for the diagnosis and treatment of ocular
74conditions of the human eye and its appendages without the use
75of surgery or other invasive techniques. However, a licensed
76practitioner who is not certified may use topically applied
77anesthetics solely for the purpose of glaucoma examinations, but
78is otherwise prohibited from administering or prescribing
79topical or oral ocular pharmaceutical agents.
80     (2)(a)  There is hereby created a committee composed of two
81optometrists licensed pursuant to this chapter, appointed by the
82Board of Optometry, two board-certified ophthalmologists
83licensed pursuant to chapter 458 or chapter 459, appointed by
84the Board of Medicine, and one additional person who holds with
85a doctorate degree in pharmacology and who is not licensed
86pursuant to chapter 458, chapter 459, or this chapter, appointed
87by the State Surgeon General. The committee shall review
88requests for additions to, deletions from, or modifications of a
89formulary of topical and oral ocular pharmaceutical agents for
90administration and prescription by certified optometrists and
91shall provide to the board advisory opinions and recommendations
92on such requests. The formulary shall consist of those topical
93and oral ocular pharmaceutical agents that which the certified
94optometrist is qualified to use in the practice of optometry and
95shall include those pharmaceutical agents appropriate to treat
96and diagnose ocular disease or disorders within the scope of
97optometric practice. The board shall establish, add to, delete
98from, or modify the formulary by rule. Notwithstanding any
99provision of chapter 120 to the contrary, the formulary rule
100shall become effective 60 days following from the date it is
101filed with the Secretary of State.
102     (b)  The formulary may be added to, deleted from, or
103modified according to the procedure described in paragraph (a).
104Any person who requests an addition, deletion, or modification
105of an authorized topical or oral ocular pharmaceutical agent has
106shall have the burden of proof to show cause why such addition,
107deletion, or modification should be made.
108     (c)  The State Surgeon General has shall have standing to
109challenge any rule or proposed rule of the board pursuant to s.
110120.56. In addition to challenges for any invalid exercise of
111delegated legislative authority, the administrative law judge,
112upon such a challenge by the State Surgeon General, may declare
113all or part of a rule or proposed rule invalid if it:
114     1.  Does not protect the public from any significant and
115discernible harm or damages;
116     2.  Unreasonably restricts competition or the availability
117of professional services in the state or in a significant part
118of the state; or
119     3.  Unnecessarily increases the cost of professional
120services without a corresponding or equivalent public benefit.
121
122However, the challenge of a rule or proposed rule does there
123shall not create be created a presumption of the existence of
124any of the conditions cited in this subsection in the event that
125the rule or proposed rule is challenged.
126     (d)  Upon adoption of the formulary required by this
127section, and upon each addition, deletion, or modification to
128the formulary, the board shall mail a copy of the amended
129formulary to each certified optometrist and to each pharmacy
130licensed by the state.
131     (3)  A certified optometrist shall be issued a prescriber
132number by the board. Any prescription written by a certified
133optometrist for a topical or oral ocular pharmaceutical agent
134pursuant to this section shall have the prescriber number
135printed thereon.
136     Section 4.  Subsection (3) of section 463.0057, Florida
137Statutes, is amended to read:
138     463.0057  Optometric faculty certificate.--
139     (3)  The holder of a faculty certificate may engage in the
140practice of optometry as permitted by this section, but may not
141administer or prescribe topical or oral ocular pharmaceutical
142agents unless the certificateholder has satisfied the
143requirements of s. 463.006(1)(b)4. and 5.
144     Section 5.  Subsections (2) and (3) of section 463.006,
145Florida Statutes, are amended to read:
146     463.006  Licensure and certification by examination.--
147     (2)  The examination shall consist of the appropriate
148subjects, including applicable state laws and rules and general
149and ocular pharmacology with emphasis on the topical and oral
150application and side effects of ocular pharmaceutical agents.
151The board may by rule substitute a national examination as part
152or all of the examination and may by rule offer a practical
153examination in addition to the written examination.
154     (3)  Each applicant who successfully passes the examination
155and otherwise meets the requirements of this chapter is entitled
156to be licensed as a practitioner and to be certified to
157administer and prescribe topical and oral ocular pharmaceutical
158agents in the diagnosis and treatment of ocular conditions.
159     Section 6.  Subsection (20) of section 893.02, Florida
160Statutes, is amended to read:
161     893.02  Definitions.--The following words and phrases as
162used in this chapter shall have the following meanings, unless
163the context otherwise requires:
164     (20)  "Practitioner" means a physician licensed pursuant to
165chapter 458, a dentist licensed pursuant to chapter 466, a
166veterinarian licensed pursuant to chapter 474, an osteopathic
167physician licensed pursuant to chapter 459, a naturopath
168licensed pursuant to chapter 462, or a podiatric physician
169licensed pursuant to chapter 461, or an optometrist certified
170pursuant to chapter 463 to administer and prescribe topical and
171oral ocular pharmaceutical agents, if provided such practitioner
172holds a valid federal controlled substance registry number.
173     Section 7.  Subsection (1) of section 893.05, Florida
174Statutes, is amended to read:
175     893.05  Practitioners and persons administering controlled
176substances in their absence.--
177     (1)  A practitioner, in good faith and in the course of his
178or her professional practice only, may prescribe, administer,
179dispense, mix, or otherwise prepare a controlled substance, or
180the practitioner may cause the same to be administered by a
181licensed nurse or an intern practitioner under his or her
182direction and supervision only. A veterinarian may so prescribe,
183administer, dispense, mix, or prepare a controlled substance for
184use on animals only, and may cause it to be administered by an
185assistant or orderly under the veterinarian's direction and
186supervision only. An optometrist certified pursuant to chapter
187463 to administer and prescribe topical and oral ocular
188pharmaceutical agents may not administer or prescribe any
189controlled substances listed in Schedule I or Schedule II of s.
190893.03.
191     Section 8.  This act shall take effect July 1, 2009.


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