1 | A bill to be entitled |
2 | An act relating to eye health care; amending s. |
3 | 463.002, F.S.; conforming provisions to changes made |
4 | by the act; amending s. 463.005, F.S.; authorizing the |
5 | Board of Optometry to adopt rules for the |
6 | administration and prescription of ocular |
7 | pharmaceutical agents; amending s. 463.0055, F.S.; |
8 | authorizing certified optometrists to administer and |
9 | prescribe ocular pharmaceutical agents under certain |
10 | circumstances; revising qualifications of certain |
11 | members of the formulary committee; amending ss. |
12 | 463.0057 and 463.006, F.S.; conforming provisions to |
13 | changes made by the act; amending s. 483.035, F.S., |
14 | relating to licensure and regulation of clinical |
15 | laboratories operated by practitioners for exclusive |
16 | use; providing applicability to clinical laboratories |
17 | operated by practitioners licensed to practice |
18 | optometry; amending s. 483.041, F.S.; revising the |
19 | definition of "licensed practitioner" to include a |
20 | practitioner licensed under ch. 463, F.S.; amending s. |
21 | 483.181, F.S.; requiring clinical laboratories to |
22 | accept human specimens submitted by practitioners |
23 | licensed to practice under ch. 463, F.S.; amending s. |
24 | 893.02, F.S.; revising the definition of |
25 | "practitioner" to include certified optometrists for |
26 | purposes of the Florida Comprehensive Drug Abuse |
27 | Prevention and Control Act; amending s. 893.05, F.S.; |
28 | prohibiting certified optometrists from administering |
29 | and prescribing certain controlled substances; |
30 | providing an effective date. |
31 |
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32 | Be It Enacted by the Legislature of the State of Florida: |
33 |
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34 | Section 1. Subsections (3), (4), and (5) of section |
35 | 463.002, Florida Statutes, are amended to read: |
36 | 463.002 Definitions.-As used in this chapter, the term: |
37 | (3)(a) "Licensed practitioner" means a person who is a |
38 | primary health care provider licensed to engage in the practice |
39 | of optometry under the authority of this chapter. |
40 | (b) A licensed practitioner who is not a certified |
41 | optometrist shall be required to display at her or his place of |
42 | practice a sign which states, "I am a Licensed Practitioner, not |
43 | a Certified Optometrist, and I am not able to prescribe topical |
44 | ocular pharmaceutical agents." |
45 | (c) All practitioners initially licensed after July 1, |
46 | 1993, must be certified optometrists. |
47 | (4) "Certified optometrist" means a licensed practitioner |
48 | authorized by the board to administer and prescribe topical |
49 | ocular pharmaceutical agents. |
50 | (5) "Optometry" means the diagnosis of conditions of the |
51 | human eye and its appendages; the employment of any objective or |
52 | subjective means or methods, including the administration of |
53 | topical ocular pharmaceutical agents, for the purpose of |
54 | determining the refractive powers of the human eyes, or any |
55 | visual, muscular, neurological, or anatomic anomalies of the |
56 | human eyes and their appendages; and the prescribing and |
57 | employment of lenses, prisms, frames, mountings, contact lenses, |
58 | orthoptic exercises, light frequencies, and any other means or |
59 | methods, including topical ocular pharmaceutical agents, for the |
60 | correction, remedy, or relief of any insufficiencies or abnormal |
61 | conditions of the human eyes and their appendages. |
62 | Section 2. Paragraph (g) of subsection (1) of section |
63 | 463.005, Florida Statutes, is amended to read: |
64 | 463.005 Authority of the board.- |
65 | (1) The Board of Optometry has authority to adopt rules |
66 | pursuant to ss. 120.536(1) and 120.54 to implement the |
67 | provisions of this chapter conferring duties upon it. Such rules |
68 | shall include, but not be limited to, rules relating to: |
69 | (g) Administration and prescription of topical ocular |
70 | pharmaceutical agents. |
71 | Section 3. Section 463.0055, Florida Statutes, is amended |
72 | to read: |
73 | 463.0055 Administration and prescription of topical ocular |
74 | pharmaceutical agents; committee.- |
75 | (1) Certified optometrists may administer and prescribe |
76 | topical ocular pharmaceutical agents as provided in this section |
77 | for the diagnosis and treatment of ocular conditions of the |
78 | human eye and its appendages without the use of surgery or other |
79 | invasive techniques. However, a licensed practitioner who is not |
80 | certified may use topically applied anesthetics solely for the |
81 | purpose of glaucoma examinations, but is otherwise prohibited |
82 | from administering or prescribing topical ocular pharmaceutical |
83 | agents. |
84 | (2)(a) There is hereby created a committee composed of two |
85 | certified optometrists licensed pursuant to this chapter, |
86 | appointed by the Board of Optometry, two board-certified |
87 | ophthalmologists licensed pursuant to chapter 458 or chapter |
88 | 459, appointed by the Board of Medicine, and one additional |
89 | person with a doctorate degree in pharmacology who is not |
90 | licensed pursuant to chapter 458, chapter 459, or this chapter, |
91 | appointed by the State Surgeon General. The committee shall |
92 | review requests for additions to, deletions from, or |
93 | modifications of a formulary of topical ocular pharmaceutical |
94 | agents for administration and prescription by certified |
95 | optometrists and shall provide to the board advisory opinions |
96 | and recommendations on such requests. The formulary shall |
97 | consist of those topical ocular pharmaceutical agents which the |
98 | certified optometrist is qualified to use in the practice of |
99 | optometry. The board shall establish, add to, delete from, or |
100 | modify the formulary by rule. Notwithstanding any provision of |
101 | chapter 120 to the contrary, the formulary rule shall become |
102 | effective 60 days from the date it is filed with the Secretary |
103 | of State. |
104 | (b) The formulary may be added to, deleted from, or |
105 | modified according to the procedure described in paragraph (a). |
106 | Any person who requests an addition, deletion, or modification |
107 | of an authorized topical ocular pharmaceutical agent shall have |
108 | the burden of proof to show cause why such addition, deletion, |
109 | or modification should be made. |
110 | (c) The State Surgeon General shall have standing to |
111 | challenge any rule or proposed rule of the board pursuant to s. |
112 | 120.56. In addition to challenges for any invalid exercise of |
113 | delegated legislative authority, the administrative law judge, |
114 | upon such a challenge by the State Surgeon General, may declare |
115 | all or part of a rule or proposed rule invalid if it: |
116 | 1. Does not protect the public from any significant and |
117 | discernible harm or damages; |
118 | 2. Unreasonably restricts competition or the availability |
119 | of professional services in the state or in a significant part |
120 | of the state; or |
121 | 3. Unnecessarily increases the cost of professional |
122 | services without a corresponding or equivalent public benefit. |
123 |
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124 | However, there shall not be created a presumption of the |
125 | existence of any of the conditions cited in this subsection in |
126 | the event that the rule or proposed rule is challenged. |
127 | (d) Upon adoption of the formulary required by this |
128 | section, and upon each addition, deletion, or modification to |
129 | the formulary, the board shall mail a copy of the amended |
130 | formulary to each certified optometrist and to each pharmacy |
131 | licensed by the state. |
132 | (3) A certified optometrist shall be issued a prescriber |
133 | number by the board. Any prescription written by a certified |
134 | optometrist for a topical ocular pharmaceutical agent pursuant |
135 | to this section shall have the prescriber number printed |
136 | thereon. |
137 | Section 4. Subsection (3) of section 463.0057, Florida |
138 | Statutes, is amended to read: |
139 | 463.0057 Optometric faculty certificate.- |
140 | (3) The holder of a faculty certificate may engage in the |
141 | practice of optometry as permitted by this section, but may not |
142 | administer or prescribe topical ocular pharmaceutical agents |
143 | unless the certificateholder has satisfied the requirements of |
144 | s. 463.006(1)(b)4. and 5. |
145 | Section 5. Subsections (2) and (3) of section 463.006, |
146 | Florida Statutes, are amended to read: |
147 | 463.006 Licensure and certification by examination.- |
148 | (2) The examination shall consist of the appropriate |
149 | subjects, including applicable state laws and rules and general |
150 | and ocular pharmacology with emphasis on the use topical |
151 | application and side effects of ocular pharmaceutical agents. |
152 | The board may by rule substitute a national examination as part |
153 | or all of the examination and may by rule offer a practical |
154 | examination in addition to the written examination. |
155 | (3) Each applicant who successfully passes the examination |
156 | and otherwise meets the requirements of this chapter is entitled |
157 | to be licensed as a practitioner and to be certified to |
158 | administer and prescribe topical ocular pharmaceutical agents in |
159 | the diagnosis and treatment of ocular conditions. |
160 | Section 6. Subsection (1) of section 483.035, Florida |
161 | Statutes, is amended to read: |
162 | 483.035 Clinical laboratories operated by practitioners |
163 | for exclusive use; licensure and regulation.- |
164 | (1) A clinical laboratory operated by one or more |
165 | practitioners licensed under chapter 458, chapter 459, chapter |
166 | 460, chapter 461, chapter 462, chapter 463, or chapter 466, |
167 | exclusively in connection with the diagnosis and treatment of |
168 | their own patients, must be licensed under this part and must |
169 | comply with the provisions of this part, except that the agency |
170 | shall adopt rules for staffing, for personnel, including |
171 | education and training of personnel, for proficiency testing, |
172 | and for construction standards relating to the licensure and |
173 | operation of the laboratory based upon and not exceeding the |
174 | same standards contained in the federal Clinical Laboratory |
175 | Improvement Amendments of 1988 and the federal regulations |
176 | adopted thereunder. |
177 | Section 7. Subsection (7) of section 483.041, Florida |
178 | Statutes, is amended to read: |
179 | 483.041 Definitions.-As used in this part, the term: |
180 | (7) "Licensed practitioner" means a physician licensed |
181 | under chapter 458, chapter 459, chapter 460, or chapter 461, or |
182 | chapter 463; a dentist licensed under chapter 466; a person |
183 | licensed under chapter 462; or an advanced registered nurse |
184 | practitioner licensed under part I of chapter 464; or a duly |
185 | licensed practitioner from another state licensed under similar |
186 | statutes who orders examinations on materials or specimens for |
187 | nonresidents of the State of Florida, but who reside in the same |
188 | state as the requesting licensed practitioner. |
189 | Section 8. Subsection (5) of section 483.181, Florida |
190 | Statutes, is amended to read: |
191 | 483.181 Acceptance, collection, identification, and |
192 | examination of specimens.- |
193 | (5) A clinical laboratory licensed under this part must |
194 | accept a human specimen submitted for examination by a |
195 | practitioner licensed under chapter 458, chapter 459, chapter |
196 | 460, chapter 461, chapter 462, chapter 463, s. 464.012, or |
197 | chapter 466, if the specimen and test are the type performed by |
198 | the clinical laboratory. A clinical laboratory may only refuse a |
199 | specimen based upon a history of nonpayment for services by the |
200 | practitioner. A clinical laboratory shall not charge different |
201 | prices for tests based upon the chapter under which a |
202 | practitioner submitting a specimen for testing is licensed. |
203 | Section 9. Subsection (21) of section 893.02, Florida |
204 | Statutes, is amended to read: |
205 | 893.02 Definitions.-The following words and phrases as |
206 | used in this chapter shall have the following meanings, unless |
207 | the context otherwise requires: |
208 | (21) "Practitioner" means a physician licensed pursuant to |
209 | chapter 458, a dentist licensed pursuant to chapter 466, a |
210 | veterinarian licensed pursuant to chapter 474, an osteopathic |
211 | physician licensed pursuant to chapter 459, a naturopath |
212 | licensed pursuant to chapter 462, an optometrist certified |
213 | pursuant to chapter 463 to administer and prescribe ocular |
214 | pharmaceutical agents, or a podiatric physician licensed |
215 | pursuant to chapter 461, provided such practitioner holds a |
216 | valid federal controlled substance registry number. |
217 | Section 10. Subsection (1) of section 893.05, Florida |
218 | Statutes, is amended to read: |
219 | 893.05 Practitioners and persons administering controlled |
220 | substances in their absence.- |
221 | (1) A practitioner, in good faith and in the course of his |
222 | or her professional practice only, may prescribe, administer, |
223 | dispense, mix, or otherwise prepare a controlled substance, or |
224 | the practitioner may cause the same to be administered by a |
225 | licensed nurse or an intern practitioner under his or her |
226 | direction and supervision only, except that an optometrist |
227 | certified pursuant to chapter 463 to administer and prescribe |
228 | ocular pharmaceutical agents may not administer or prescribe any |
229 | controlled substance listed on Schedule I or Schedule II of s. |
230 | 893.03. A veterinarian may so prescribe, administer, dispense, |
231 | mix, or prepare a controlled substance for use on animals only, |
232 | and may cause it to be administered by an assistant or orderly |
233 | under the veterinarian's direction and supervision only. |
234 | Section 11. This act shall take effect July 1, 2012. |