Bill Text: FL H0135 | 2010 | Regular Session | Introduced
Bill Title: Practice of Optometry
Spectrum: Moderate Partisan Bill (Republican 15-2)
Status: (Failed) 2010-04-30 - Died in Committee on Health Care Regulation Policy (HFPC) [H0135 Detail]
Download: Florida-2010-H0135-Introduced.html
HB 135 |
1 | |
2 | An act relating to the practice of optometry; amending s. |
3 | 463.002, F.S.; revising terminology to conform to changes |
4 | made by the act; amending s. 463.005, F.S.; authorizing |
5 | the Board of Optometry to adopt rules for the |
6 | administration and prescription of oral ocular |
7 | pharmaceutical agents; amending s. 463.0055, F.S.; |
8 | authorizing certified optometrists to administer and |
9 | prescribe oral ocular pharmaceutical agents under certain |
10 | circumstances; revising requirements for the certified |
11 | optometrist formulary of ocular pharmaceutical agents; |
12 | revising qualifications of certain members of the |
13 | formulary committee; prohibiting the committee from |
14 | reviewing requests or issuing advisory opinions or |
15 | recommendations regarding oral ocular pharmaceutical |
16 | agents; requiring the formulary to include certain oral |
17 | ocular pharmaceutical agents; prohibiting the board from |
18 | adding to, deleting from, or modifying the formulary with |
19 | respect to oral ocular pharmaceutical agents; amending ss. |
20 | 463.0057 and 463.006, F.S.; conforming provisions to |
21 | changes made by the act; amending s. 893.02, F.S.; |
22 | revising a definition to specify that certified |
23 | optometrists are practitioners for purposes of the Florida |
24 | Comprehensive Drug Abuse Prevention and Control Act; |
25 | amending s. 893.05, F.S.; prohibiting certified |
26 | optometrists from administering and prescribing certain |
27 | controlled substances; providing an effective date. |
28 | |
29 | Be It Enacted by the Legislature of the State of Florida: |
30 | |
31 | Section 1. Subsections (3), (4), and (5) of section |
32 | 463.002, Florida Statutes, are amended to read: |
33 | 463.002 Definitions.--As used in this chapter, the term: |
34 | (3)(a) "Licensed practitioner" means a person who is a |
35 | primary health care provider licensed to engage in the practice |
36 | of optometry under the authority of this chapter. |
37 | (b) A licensed practitioner who is not a certified |
38 | optometrist shall be required to display at her or his place of |
39 | practice a sign which states, "I am a Licensed Practitioner, not |
40 | a Certified Optometrist, and I am not able to prescribe topical |
41 | or oral ocular pharmaceutical agents." |
42 | (c) All practitioners initially licensed after July 1, |
43 | 1993, must be certified optometrists. |
44 | (4) "Certified optometrist" means a licensed practitioner |
45 | authorized by the board to administer and prescribe topical and |
46 | oral ocular pharmaceutical agents. |
47 | (5) "Optometry" means the diagnosis of conditions of the |
48 | human eye and its appendages; the employment of any objective or |
49 | subjective means or methods, including the administration of |
50 | topical and oral ocular pharmaceutical agents, for the purpose |
51 | of determining the refractive powers of the human eyes, or any |
52 | visual, muscular, neurological, or anatomic anomalies of the |
53 | human eyes and their appendages; and the prescribing and |
54 | employment of lenses, prisms, frames, mountings, contact lenses, |
55 | orthoptic exercises, light frequencies, and any other means or |
56 | methods, including topical and oral ocular pharmaceutical |
57 | agents, for the correction, remedy, or relief of any |
58 | insufficiencies or abnormal conditions of the human eyes and |
59 | their appendages. |
60 | Section 2. Paragraph (g) of subsection (1) of section |
61 | 463.005, Florida Statutes, is amended to read: |
62 | 463.005 Authority of the board.-- |
63 | (1) The Board of Optometry has authority to adopt rules |
64 | pursuant to ss. 120.536 (1) and 120.54 to implement the |
65 | provisions of this chapter conferring duties upon it. Such rules |
66 | shall include, but not be limited to, rules relating to: |
67 | (g) Administration and prescription of topical and oral |
68 | ocular pharmaceutical agents. |
69 | Section 3. Section 463.0055, Florida Statutes, is amended |
70 | to read: |
71 | 463.0055 Administration and prescription of topical and |
72 | oral ocular pharmaceutical agents; committee.-- |
73 | (1) Certified optometrists may administer and prescribe |
74 | topical and oral ocular pharmaceutical agents as provided in |
75 | this section for the diagnosis and treatment of ocular |
76 | conditions of the human eye and its appendages without the use |
77 | of surgery or other invasive techniques. However, a licensed |
78 | practitioner who is not certified may use topically applied |
79 | anesthetics solely for the purpose of glaucoma examinations |
80 | is otherwise prohibited from administering or prescribing |
81 | topical or oral ocular pharmaceutical agents. |
82 | (2)(a) There is hereby created a committee composed of two |
83 | certified optometrists licensed pursuant to this chapter, |
84 | appointed by the Board of Optometry, two board-certified |
85 | ophthalmologists licensed pursuant to chapter 458 or chapter |
86 | 459, appointed by the Board of Medicine, and one additional |
87 | person with a doctorate degree in pharmacology who is not |
88 | licensed pursuant to chapter 458, chapter 459, or this chapter, |
89 | appointed by the State Surgeon General. The committee shall |
90 | review requests for additions to, deletions from, or |
91 | modifications of a formulary of topical ocular pharmaceutical |
92 | agents for administration and prescription by certified |
93 | optometrists and shall provide to the board advisory opinions |
94 | and recommendations on such requests. However, the committee may |
95 | not review a request or provide an advisory opinion or |
96 | recommendation regarding any oral ocular pharmaceutical agent. |
97 | (b) The formulary shall consist of those topical ocular |
98 | pharmaceutical agents which the certified optometrist is |
99 | qualified to use in the practice of optometry and those topical |
100 | ocular pharmaceutical agents appropriate to treat and diagnose |
101 | ocular diseases or disorders within the scope of optometric |
102 | practice. The formulary shall also include the following oral |
103 | ocular pharmaceutical agents: |
104 | 1. The following analgesics, which may not be administered |
105 | or prescribed for more than 72 hours without consultation with a |
106 | physician licensed under chapter 458 or chapter 459 who is |
107 | skilled in diseases of the eye: |
108 | a. Acetaminophen with propoxyphene napsylate. |
109 | b. Tramadol hydrochloride. |
110 | c. Acetaminophen 300 mg with No. 3 codeine phosphate 30 |
111 | mg. |
112 | 2. The following antibiotics: |
113 | a. Amoxicillin. |
114 | b. Azithromycin. |
115 | c. Ciprofloxacin. |
116 | d. Dicloxacillin. |
117 | e. Doxycycline. |
118 | 3. The following antivirals: |
119 | a. Acyclovir. |
120 | b. Famciclovir. |
121 | c. Valacyclovir. |
122 | 4. The following oral anti-glaucoma agents, which may not |
123 | be administered or prescribed for more than 72 hours without |
124 | consultation with a physician licensed under chapter 458 or |
125 | chapter 459 who is skilled in diseases of the eye: |
126 | a. Acetazolamide. |
127 | b. Methazolamide. |
128 | |
129 | The board shall establish, add to, delete from, or modify the |
130 | formulary by rule. However, the board may not add to, delete |
131 | from, or modify the formulary with respect to the oral ocular |
132 | pharmaceutical agents listed in this paragraph. Notwithstanding |
133 | any provision of chapter 120 to the contrary, the formulary rule |
134 | shall become effective 60 days from the date it is filed with |
135 | the Secretary of State. |
136 | (c) |
137 | modified according to the procedure described in paragraphs |
138 | |
139 | deletion, or modification of an authorized topical ocular |
140 | pharmaceutical agent has |
141 | cause why such addition, deletion, or modification should be |
142 | made. |
143 | (d) |
144 | challenge any rule or proposed rule of the board pursuant to s. |
145 | 120.56. In addition to challenges for any invalid exercise of |
146 | delegated legislative authority, the administrative law judge, |
147 | upon such a challenge by the State Surgeon General, may declare |
148 | all or part of a rule or proposed rule invalid if it: |
149 | 1. Does not protect the public from any significant and |
150 | discernible harm or damages; |
151 | 2. Unreasonably restricts competition or the availability |
152 | of professional services in the state or in a significant part |
153 | of the state; or |
154 | 3. Unnecessarily increases the cost of professional |
155 | services without a corresponding or equivalent public benefit. |
156 | |
157 | However, there shall not be created a presumption of the |
158 | existence of any of the conditions cited in this subsection in |
159 | the event that the rule or proposed rule is challenged. |
160 | (e) |
161 | section, and upon each addition, deletion, or modification to |
162 | the formulary, the board shall mail a copy of the amended |
163 | formulary to each certified optometrist and to each pharmacy |
164 | licensed by the state. |
165 | (3) A certified optometrist shall be issued a prescriber |
166 | number by the board. Any prescription written by a certified |
167 | optometrist for a topical or oral ocular pharmaceutical agent |
168 | pursuant to this section shall have the prescriber number |
169 | printed thereon. |
170 | Section 4. Subsection (3) of section 463.0057, Florida |
171 | Statutes, is amended to read: |
172 | 463.0057 Optometric faculty certificate.-- |
173 | (3) The holder of a faculty certificate may engage in the |
174 | practice of optometry as permitted by this section |
175 | administer or prescribe topical or oral ocular pharmaceutical |
176 | agents unless the certificateholder has satisfied the |
177 | requirements of s. 463.006(1)(b)4. and 5. |
178 | Section 5. Subsections (2) and (3) of section 463.006, |
179 | Florida Statutes, are amended to read: |
180 | 463.006 Licensure and certification by examination.-- |
181 | (2) The examination shall consist of the appropriate |
182 | subjects, including applicable state laws and rules and general |
183 | and ocular pharmacology with emphasis on the topical |
184 | application, oral administration, and side effects of ocular |
185 | pharmaceutical agents. The board may by rule substitute a |
186 | national examination as part or all of the examination and may |
187 | by rule offer a practical examination in addition to the written |
188 | examination. |
189 | (3) Each applicant who successfully passes the examination |
190 | and otherwise meets the requirements of this chapter is entitled |
191 | to be licensed as a practitioner and to be certified to |
192 | administer and prescribe topical and oral ocular pharmaceutical |
193 | agents in the diagnosis and treatment of ocular conditions. |
194 | Section 6. Subsection (20) of section 893.02, Florida |
195 | Statutes, is amended to read: |
196 | 893.02 Definitions.--The following words and phrases as |
197 | used in this chapter shall have the following meanings, unless |
198 | the context otherwise requires: |
199 | (20) "Practitioner" means a physician licensed pursuant to |
200 | chapter 458, a dentist licensed pursuant to chapter 466, a |
201 | veterinarian licensed pursuant to chapter 474, an osteopathic |
202 | physician licensed pursuant to chapter 459, a naturopath |
203 | licensed pursuant to chapter 462, |
204 | licensed pursuant to chapter 461, or an optometrist certified |
205 | pursuant to chapter 463 to administer and prescribe topical and |
206 | oral ocular pharmaceutical agents, if |
207 | holds a valid federal controlled substance registry number. |
208 | Section 7. Subsection (1) of section 893.05, Florida |
209 | Statutes, is amended to read: |
210 | 893.05 Practitioners and persons administering controlled |
211 | substances in their absence.-- |
212 | (1) A practitioner, in good faith and in the course of his |
213 | or her professional practice only, may prescribe, administer, |
214 | dispense, mix, or otherwise prepare a controlled substance, or |
215 | the practitioner may cause the same to be administered by a |
216 | licensed nurse or an intern practitioner under his or her |
217 | direction and supervision only. A veterinarian may so prescribe, |
218 | administer, dispense, mix, or prepare a controlled substance for |
219 | use on animals only, and may cause it to be administered by an |
220 | assistant or orderly under the veterinarian's direction and |
221 | supervision only. An optometrist certified pursuant to chapter |
222 | 463 to administer and prescribe topical and oral ocular |
223 | pharmaceutical agents may not administer or prescribe any |
224 | controlled substance listed on Schedule I or Schedule II of s. |
225 | 893.03. |
226 | Section 8. This act shall take effect July 1, 2010. |
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