HB 549

1	A bill to be entitled
2	An act relating to eye care professionals; amending s.
3	463.003, F.S.; revising membership requirements for the
4	Board of Optometry; amending s. 463.009, F.S.; revising
5	the duties of, and restrictions on the practice of
6	optometry by, nonlicensed supportive personnel; amending
7	s. 463.014, F.S.; prohibiting the board from adopting
8	rules that prohibit certain acts in the practice of
9	optometry; providing for application; amending s. 484.002,
10	F.S.; revising definitions relating to the practice of
11	opticianry; amending s. 484.007, F.S.; revising
12	requirements for applicants seeking to take the optician
13	licensure examination; amending s. 484.013, F.S.; revising
14	grounds that constitute unlawful conduct by opticians;
15	providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Subsection (2) of section 463.003, Florida
20	Statutes, is amended to read:
21	463.003  Board of Optometry.-
22	(2)  Four Five members of the board must be licensed
23	practitioners actively practicing in this state. One member must
24	be a board-certified ophthalmologist licensed under chapter 458
25	or chapter 459. The remaining two members must be citizens of
26	the state who are not, and have never been, licensed
27	practitioners or ophthalmologists and who are in no way
28	connected with the practice of optometry or ophthalmology or
29	with any vision-oriented profession or business. At least one
30	member of the board must be 60 years of age or older.
31	Section 2.  Section 463.009, Florida Statutes, is amended
32	to read:
33	463.009  Supportive personnel.-A No person who is not other
34	than a licensed practitioner may not engage in the practice of
35	optometry as defined in s. 463.002(5). Except as provided in
36	this section, under no circumstances shall nonlicensed
37	supportive personnel may not be delegated the duties of
38	diagnosis, or treatment, or determining the refractive error of
39	the eye unless specifically licensed to provide these services
40	duties; however, such personnel may perform data gathering,
41	preliminary testing, prescribed visual therapy, dispensing of an
42	optical device to and final fitting thereof on a patient, and
43	related duties under the direct supervision of the licensed
44	practitioner. Nonlicensed personnel, who need not be employees
45	of the licensed practitioner, may perform ministerial duties,
46	tasks, and functions assigned to them by and performed under the
47	general supervision of a licensed practitioner, including
48	obtaining information from consumers for the purpose of making
49	appointments for the licensed practitioner. The licensed
50	practitioner is shall be responsible for all delegated acts
51	performed by persons under her or his direct and general
52	supervision.
53	Section 3.  Subsections (1), (2), and (5) of section
54	463.014, Florida Statutes, are amended to read:
55	463.014  Certain acts prohibited.-
56	(1)(a)  A No corporation, lay body, organization, or
57	individual other than a licensed practitioner may not shall
58	engage in the practice of optometry through the means of
59	engaging the services, upon a salary, commission, or other means
60	or inducement, of any person licensed to practice optometry in
61	this state. Nothing in This section does not shall be deemed to
62	prohibit the association of a licensed practitioner with a
63	multidisciplinary group of licensed health care professionals,
64	the primary objective of which is the diagnosis and treatment of
65	the human body.
66	(b)  A No licensed practitioner may not shall engage in the
67	practice of optometry with any corporation, organization, group,
68	or lay individual. This paragraph does provision shall not
69	prohibit licensed practitioners from employing, or from forming
70	partnerships or professional associations with, licensed
71	practitioners licensed in this state or with other licensed
72	health care professionals, the primary objective of whom is the
73	diagnosis and treatment of the human body.
74	(c)  No rule of The board may not adopt rules prohibiting
75	shall forbid the practice of optometry in or on the premises of
76	a commercial or mercantile establishment.
77	(d)  A No licensed practitioner may not practice under
78	practice identification names, trade names, or service names,
79	unless any dissemination of information by the practitioner to
80	consumers contains the name under which the practitioner is
81	licensed or that of the professional association in which the
82	practitioner participates. Any advertisement or other
83	dissemination of information to consumers may contain factual
84	information as to the geographic location of licensed
85	practitioners or of the availability of optometric services.
86	(e)  The board may not adopt rules prohibiting a No
87	licensed practitioner from using or publishing shall adopt and
88	publish or cause to be published any practice identification
89	name, trade name, or service name or from advertising which is,
90	contains, or is intended to serve as an affirmation of the
91	quality or competitive value of the practitioner's optometric
92	services provided at the identified practice.
93	(f)  This section does not prohibit a licensed practitioner
94	from forming a partnership, corporation, or professional
95	association with one or more other licensed health care
96	professionals in the creation, ownership, and management of a
97	commercial or mercantile optical establishment that is an entity
98	separate from the practitioner's optometry practice.
99	(2)  A corporation or labor organization may employ
100	licensed practitioners to provide optometric services to bona
101	fide employees of such corporation and members of their
102	immediate families or to bona fide members of such labor
103	organization and members of their immediate families, provided
104	the provision of such services is incidental to the legitimate
105	business of such corporation or labor organization. Nothing in
106	This section does not shall be deemed to authorize the
107	employment of licensed practitioners by corporations or
108	organizations formed primarily for such purposes.
109	(5)  No rule of The board may not adopt rules prohibiting
110	shall prohibit a licensed practitioner from authorizing a board-
111	certified optician to fill, fit, adapt, or dispense a contact
112	lens prescription as authorized under chapter 484.
113	Section 4.  Subsections (3) and (9) of section 484.002,
114	Florida Statutes, are amended to read:
115	484.002  Definitions.-As used in this part:
116	(3)  "Opticianry" means the preparation and dispensing of
117	lenses, spectacles, eyeglasses, contact lenses, and other
118	optical devices to the intended user or agent thereof, upon the
119	written prescription of a licensed allopathic or osteopathic
120	physician or optometrist who is duly licensed to practice or
121	upon presentation of a duplicate prescription. The selection of
122	frame designs, the actual sales transaction, and the transfer of
123	physical possession of lenses, spectacles, eyeglasses, contact
124	lenses, and other optical devices subsequent to performance of
125	all services of the optician shall not be considered the
126	practice of opticianry; however, such physical possession shall
127	not be transferred until the optician has completed the final
128	fitting of the optical device upon the customer. The practice of
129	opticianry also includes the duplication of lenses accurately as
130	to power, without prescription. A board-certified optician
131	qualified and operating under rules established by the board may
132	fill, fit, adapt, or dispense any soft contact lens
133	prescription. Such optician may fill, fit, adapt, or dispense
134	any extended wear or hard contact lens prescription to the
135	extent authorized to do so by the prescribing allopathic or
136	osteopathic physician or optometrist.
137	(9)  "Optical dispensing" means interpreting but not
138	altering a prescription of a licensed physician or optometrist
139	and designing, adapting, fitting, or replacing the prescribed
140	optical aids, pursuant to such prescription, to or for the
141	intended wearer, duplicating lenses, accurately as to power
142	without a prescription, and duplicating nonprescription eyewear
143	and parts of eyewear. The term "Optical dispensing" does not
144	include selecting frames, transferring an optical aid to the
145	wearer after an optician completes the final has completed
146	fitting thereof it, or providing instruction in the general care
147	and use of an optical aid, including placement, removal,
148	hygiene, or cleaning.
149	Section 5.  Subsection (1) of section 484.007, Florida
150	Statutes, is amended to read:
151	484.007  Licensure of opticians; permitting of optical
152	establishments.-
153	(1)  Any person desiring to practice opticianry must shall
154	apply to the department, upon forms prescribed by the department
155	it, to take a licensure examination. The department shall
156	examine each applicant who the board certifies:
157	(a)  Has completed the application form and remitted a
158	nonrefundable application fee set by the board, in the amount of
159	$100 or less, and an examination fee set by the board, in the
160	amount of $325 plus the actual per-applicant per applicant cost
161	to the department for purchase of portions of the examination
162	from the American Board of Opticianry or a similar national
163	organization, or less, and refundable if the board finds the
164	applicant ineligible to take the examination;
165	(b)  Is not less than 18 years of age;
166	(c)  Is a graduate of an accredited high school or
167	possesses a certificate of equivalency of a high school
168	education; and
169	(d)1.  Has received before July 1, 2013, an associate
170	degree, or its equivalent, in opticianry from an educational
171	institution the curriculum of which is accredited by an
172	accrediting agency recognized and approved by the United States
173	Department of Education or the Council on Postsecondary
174	Education or approved by the board;
175	2.  Has received on or after July 1, 2013, an associate
176	degree, or its equivalent, in opticianry from an educational
177	institution the opticianry curriculum of which is accredited by
178	the Council for Higher Education Accreditation or by a
179	nationally recognized accrediting agency approved by the board
180	or recognized by the United States Department of Education;
181	3.2.  Is an individual licensed to practice the profession
182	of opticianry pursuant to a regulatory licensing law of another
183	state, territory, or jurisdiction of the United States, who has
184	actively practiced in such other state, territory, or
185	jurisdiction for more than 3 years immediately preceding
186	application, and who meets the examination qualifications as
187	provided in this subsection;
188	4.3.  Is an individual who has actively practiced in
189	another state, territory, or jurisdiction of the United States
190	for more than 5 years immediately preceding application, and who
191	provides tax or business records, affidavits, or other
192	satisfactory documentation of such practice, and who meets the
193	examination qualifications as provided in this subsection; or
194	5.4.  Has registered before July 1, 2011, as an apprentice
195	with the department and paid a registration fee not to exceed
196	$60, as set by rule of the board. The apprentice must shall
197	complete 6,240 hours of training under the supervision of
198	optician licensed in this state for at least 1 year or of a
199	physician or optometrist licensed under the laws of this state.
200	These requirements must be met within 5 years after the date of
201	registration. However, any time spent in a recognized school may
202	be considered as part of the apprenticeship program provided in
203	this subparagraph herein. The board may establish administrative
204	processing fees sufficient to cover the cost of administering
205	apprentice rules adopted as promulgated by the board; or
206	6.  Has registered on or after July 1, 2011, as an
207	apprentice with the department and paid a registration fee not
208	to exceed $60, as set by rule of the board. The apprentice must
209	complete 6,240 hours of training under the supervision of an
210	optician licensed in this state for at least 1 year and complete
211	12 semester hours of college credit from an educational
212	institution described in subparagraph 1. or subparagraph 2.
213	These requirements must be met within 5 years after the date of
214	registration. However, any time spent in a recognized school may
215	be considered as part of the apprenticeship program provided in
216	this subparagraph. The board may establish administrative
217	processing fees sufficient to cover the cost of administering
218	apprentice rules adopted by the board.
219	Section 6.  Subsection (3) of section 484.013, Florida
220	Statutes, is amended to read:
221	484.013  Violations and penalties.-
222	(3)  It is unlawful for any optician to engage in the
223	diagnosis of the human eyes, attempt to determine the refractive
224	powers of the human eyes, or, in any manner, attempt to
225	prescribe for or treat diseases or ailments of human beings.
226	Section 7.  This act shall take effect July 1, 2011.

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