1 | A bill to be entitled |
2 | An act relating to optometry; amending s. 463.002, F.S.; |
3 | revising definitions to conform to provisions authorizing |
4 | the oral administration of ocular pharmaceutical agents by |
5 | certain practitioners; amending s. 463.005, F.S.; |
6 | requiring the Board of Optometry to adopt rules governing |
7 | the administration and prescription of oral ocular |
8 | pharmaceutical agents; amending s. 463.0055, F.S.; |
9 | requiring an advisory committee to review requests for |
10 | modifications of a formulary of topical and oral ocular |
11 | pharmaceutical agents; requiring that the formulary |
12 | consist of topical and oral pharmaceutical agents and |
13 | those pharmaceutical agents appropriate to treat and |
14 | diagnose ocular disease or disorders; requiring the |
15 | prescriber number to be printed on a prescription for an |
16 | oral ocular pharmaceutical agent; amending ss. 463.0057 |
17 | and 463.006, F.S., relating to faculty certificates and |
18 | licensure and certification by examination; conforming |
19 | provisions to changes made by the act; amending s. 893.02, |
20 | F.S.; redefining the term "practitioner" for purposes of |
21 | the Florida Comprehensive Drug Abuse Prevention and |
22 | Control Act to include certified optometrists; amending s. |
23 | 893.05, F.S.; prohibiting an optometrist from |
24 | administering or prescribing certain controlled |
25 | substances; providing an effective date. |
26 |
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27 | Be It Enacted by the Legislature of the State of Florida: |
28 |
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29 | Section 1. Subsections (3), (4), and (5) of section |
30 | 463.002, 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 |
33 | primary health care provider licensed to engage in the practice |
34 | of optometry under the authority of this chapter. |
35 | (b) A licensed practitioner who is not a certified |
36 | optometrist shall be required to display at her or his place of |
37 | practice a sign that which states, "I am a Licensed |
38 | Practitioner, not a Certified Optometrist, and I am not able to |
39 | prescribe topical or oral ocular pharmaceutical agents." |
40 | (c) All practitioners initially licensed after July 1, |
41 | 1993, must be certified optometrists. |
42 | (4) "Certified optometrist" means a licensed practitioner |
43 | authorized by the board to administer and prescribe topical and |
44 | oral ocular pharmaceutical agents. |
45 | (5) "Optometry" means the diagnosis of conditions of the |
46 | human eye and its appendages; the employment of any objective or |
47 | subjective means or methods, including the administration of |
48 | topical and oral ocular pharmaceutical agents, for the purpose |
49 | of determining the refractive powers of the human eyes, or any |
50 | visual, muscular, neurological, or anatomic anomalies of the |
51 | human eyes and their appendages; and the prescribing and |
52 | employment of lenses, prisms, frames, mountings, contact lenses, |
53 | orthoptic exercises, light frequencies, and any other means or |
54 | methods, including topical and oral ocular pharmaceutical |
55 | agents, for the correction, remedy, or relief of any |
56 | insufficiencies or abnormal conditions of the human eyes and |
57 | their appendages. |
58 | Section 2. Paragraph (g) of subsection (1) of section |
59 | 463.005, Florida Statutes, is amended to read: |
60 | 463.005 Authority of the board.-- |
61 | (1) The Board of Optometry has authority to adopt rules |
62 | pursuant to ss. 120.536(1) and 120.54 to implement the |
63 | provisions of this chapter conferring duties upon it. Such rules |
64 | shall include, but not be limited to, rules relating to: |
65 | (g) Administration and prescription of topical and oral |
66 | ocular pharmaceutical agents. |
67 | Section 3. Section 463.0055, Florida Statutes, is amended |
68 | to read: |
69 | 463.0055 Administration and prescription of topical and |
70 | oral ocular pharmaceutical agents; committee.-- |
71 | (1) Certified optometrists may administer and prescribe |
72 | topical and oral ocular pharmaceutical agents as provided in |
73 | this section for the diagnosis and treatment of ocular |
74 | conditions of the human eye and its appendages without the use |
75 | of surgery or other invasive techniques. However, a licensed |
76 | practitioner who is not certified may use topically applied |
77 | anesthetics solely for the purpose of glaucoma examinations, but |
78 | is otherwise prohibited from administering or prescribing |
79 | topical or oral ocular pharmaceutical agents. |
80 | (2)(a) There is hereby created a committee composed of two |
81 | optometrists licensed pursuant to this chapter, appointed by the |
82 | Board of Optometry, two board-certified ophthalmologists |
83 | licensed pursuant to chapter 458 or chapter 459, appointed by |
84 | the Board of Medicine, and one additional person who holds with |
85 | a doctorate degree in pharmacology and who is not licensed |
86 | pursuant to chapter 458, chapter 459, or this chapter, appointed |
87 | by the State Surgeon General. The committee shall review |
88 | requests for additions to, deletions from, or modifications of a |
89 | formulary of topical and oral ocular pharmaceutical agents for |
90 | administration and prescription by certified optometrists and |
91 | shall provide to the board advisory opinions and recommendations |
92 | on such requests. The formulary shall consist of those topical |
93 | and oral ocular pharmaceutical agents that which the certified |
94 | optometrist is qualified to use in the practice of optometry and |
95 | shall include those pharmaceutical agents appropriate to treat |
96 | and diagnose ocular disease or disorders within the scope of |
97 | optometric practice. The board shall establish, add to, delete |
98 | from, or modify the formulary by rule. Notwithstanding any |
99 | provision of chapter 120 to the contrary, the formulary rule |
100 | shall become effective 60 days following from the date it is |
101 | filed with the Secretary of State. |
102 | (b) The formulary may be added to, deleted from, or |
103 | modified according to the procedure described in paragraph (a). |
104 | Any person who requests an addition, deletion, or modification |
105 | of an authorized topical or oral ocular pharmaceutical agent has |
106 | shall have the burden of proof to show cause why such addition, |
107 | deletion, or modification should be made. |
108 | (c) The State Surgeon General has shall have standing to |
109 | challenge any rule or proposed rule of the board pursuant to s. |
110 | 120.56. In addition to challenges for any invalid exercise of |
111 | delegated legislative authority, the administrative law judge, |
112 | upon such a challenge by the State Surgeon General, may declare |
113 | all or part of a rule or proposed rule invalid if it: |
114 | 1. Does not protect the public from any significant and |
115 | discernible harm or damages; |
116 | 2. Unreasonably restricts competition or the availability |
117 | of professional services in the state or in a significant part |
118 | of the state; or |
119 | 3. Unnecessarily increases the cost of professional |
120 | services without a corresponding or equivalent public benefit. |
121 |
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122 | However, the challenge of a rule or proposed rule does there |
123 | shall not create be created a presumption of the existence of |
124 | any of the conditions cited in this subsection in the event that |
125 | the rule or proposed rule is challenged. |
126 | (d) Upon adoption of the formulary required by this |
127 | section, and upon each addition, deletion, or modification to |
128 | the formulary, the board shall mail a copy of the amended |
129 | formulary to each certified optometrist and to each pharmacy |
130 | licensed by the state. |
131 | (3) A certified optometrist shall be issued a prescriber |
132 | number by the board. Any prescription written by a certified |
133 | optometrist for a topical or oral ocular pharmaceutical agent |
134 | pursuant to this section shall have the prescriber number |
135 | printed thereon. |
136 | Section 4. Subsection (3) of section 463.0057, Florida |
137 | Statutes, is amended to read: |
138 | 463.0057 Optometric faculty certificate.-- |
139 | (3) The holder of a faculty certificate may engage in the |
140 | practice of optometry as permitted by this section, but may not |
141 | administer or prescribe topical or oral ocular pharmaceutical |
142 | agents unless the certificateholder has satisfied the |
143 | requirements of s. 463.006(1)(b)4. and 5. |
144 | Section 5. Subsections (2) and (3) of section 463.006, |
145 | Florida Statutes, are amended to read: |
146 | 463.006 Licensure and certification by examination.-- |
147 | (2) The examination shall consist of the appropriate |
148 | subjects, including applicable state laws and rules and general |
149 | and ocular pharmacology with emphasis on the topical and oral |
150 | application and side effects of ocular pharmaceutical agents. |
151 | The board may by rule substitute a national examination as part |
152 | or all of the examination and may by rule offer a practical |
153 | examination in addition to the written examination. |
154 | (3) Each applicant who successfully passes the examination |
155 | and otherwise meets the requirements of this chapter is entitled |
156 | to be licensed as a practitioner and to be certified to |
157 | administer and prescribe topical and oral ocular pharmaceutical |
158 | agents in the diagnosis and treatment of ocular conditions. |
159 | Section 6. Subsection (20) of section 893.02, Florida |
160 | Statutes, is amended to read: |
161 | 893.02 Definitions.--The following words and phrases as |
162 | used in this chapter shall have the following meanings, unless |
163 | the context otherwise requires: |
164 | (20) "Practitioner" means a physician licensed pursuant to |
165 | chapter 458, a dentist licensed pursuant to chapter 466, a |
166 | veterinarian licensed pursuant to chapter 474, an osteopathic |
167 | physician licensed pursuant to chapter 459, a naturopath |
168 | licensed pursuant to chapter 462, or a podiatric physician |
169 | licensed pursuant to chapter 461, or an optometrist certified |
170 | pursuant to chapter 463 to administer and prescribe topical and |
171 | oral ocular pharmaceutical agents, if provided such practitioner |
172 | holds a valid federal controlled substance registry number. |
173 | Section 7. Subsection (1) of section 893.05, Florida |
174 | Statutes, is amended to read: |
175 | 893.05 Practitioners and persons administering controlled |
176 | substances in their absence.-- |
177 | (1) A practitioner, in good faith and in the course of his |
178 | or her professional practice only, may prescribe, administer, |
179 | dispense, mix, or otherwise prepare a controlled substance, or |
180 | the practitioner may cause the same to be administered by a |
181 | licensed nurse or an intern practitioner under his or her |
182 | direction and supervision only. A veterinarian may so prescribe, |
183 | administer, dispense, mix, or prepare a controlled substance for |
184 | use on animals only, and may cause it to be administered by an |
185 | assistant or orderly under the veterinarian's direction and |
186 | supervision only. An optometrist certified pursuant to chapter |
187 | 463 to administer and prescribe topical and oral ocular |
188 | pharmaceutical agents may not administer or prescribe any |
189 | controlled substances listed in Schedule I or Schedule II of s. |
190 | 893.03. |
191 | Section 8. This act shall take effect July 1, 2009. |