Bill Text: FL S0330 | 2010 | Regular Session | Comm Sub
Bill Title: Optometry/Oral and Topical Pharmaceutical Agents [SPSC]
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2010-04-30 - Died in Committee on Health and Human Services Appropriations [S0330 Detail]
Download: Florida-2010-S0330-Comm_Sub.html
Florida Senate - 2010 CS for SB 330 By the Committee on Health Regulation; and Senators Bennett, Rich, and Dockery 588-02049-10 2010330c1 1 A bill to be entitled 2 An act relating to the practice of optometry; amending 3 s. 463.002, F.S.; revising terminology to conform to 4 changes made by the act; amending s. 463.005, F.S.; 5 authorizing the Board of Optometry to adopt rules for 6 the 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 10 certain circumstances; revising requirements for the 11 certified optometrist formulary of ocular 12 pharmaceutical agents; revising qualifications of 13 certain members of the formulary committee; 14 prohibiting the committee from reviewing requests or 15 issuing advisory opinions or recommendations regarding 16 oral ocular pharmaceutical agents; requiring the 17 formulary to include certain oral ocular 18 pharmaceutical agents; prohibiting the board from 19 adding to, deleting from, or modifying the formulary 20 with respect to oral ocular pharmaceutical agents; 21 amending ss. 463.0057 and 463.006, F.S.; conforming 22 provisions to changes made by the act; amending s. 23 893.02, F.S.; revising a definition to specify that 24 certified optometrists are practitioners for purposes 25 of the Florida Comprehensive Drug Abuse Prevention and 26 Control Act; amending s. 893.05, F.S.; prohibiting 27 certified optometrists from administering and 28 prescribing certain controlled substances; providing 29 an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Subsections (3), (4), and (5) of section 34 463.002, Florida Statutes, are amended to read: 35 463.002 Definitions.—As used in this chapter, the term: 36 (3)(a) “Licensed practitioner” means a person who is a 37 primary health care provider licensed to engage in the practice 38 of optometry under the authority of this chapter. 39 (b) A licensed practitioner who is not a certified 40 optometrist shall be required to display at her or his place of 41 practice a sign which states, “I am a Licensed Practitioner, not 42 a Certified Optometrist, and I am not able to prescribe topical 43 or oral ocular pharmaceutical agents.” 44 (c) All practitioners initially licensed after July 1, 45 1993, must be certified optometrists. 46 (4) “Certified optometrist” means a licensed practitioner 47 authorized by the board to administer and prescribe topical and 48 oral ocular pharmaceutical agents. 49 (5) “Optometry” means the diagnosis of conditions of the 50 human eye and its appendages; the employment of any objective or 51 subjective means or methods, including the administration of 52 topical and oral ocular pharmaceutical agents, for the purpose 53 of determining the refractive powers of the human eyes, or any 54 visual, muscular, neurological, or anatomic anomalies of the 55 human eyes and their appendages; and the prescribing and 56 employment of lenses, prisms, frames, mountings, contact lenses, 57 orthoptic exercises, light frequencies, and any other means or 58 methods, including topical and oral ocular pharmaceutical 59 agents, for the correction, remedy, or relief of any 60 insufficiencies or abnormal conditions of the human eyes and 61 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 and oral 70 ocular pharmaceutical agents. 71 Section 3. Section 463.0055, Florida Statutes, is amended 72 to read: 73 463.0055 Administration and prescription of topical and 74 oral ocular pharmaceutical agents; committee.— 75 (1) Certified optometrists may administer and prescribe 76 topical and oral ocular pharmaceutical agents as provided in 77 this section for the diagnosis and treatment of ocular 78 conditions of the human eye and its appendages without the use 79 of surgery or other invasive techniques. However, a licensed 80 practitioner who is not certified may use topically applied 81 anesthetics solely for the purpose of glaucoma examinations,but 82 is otherwise prohibited from administering or prescribing 83 topical or oral ocular pharmaceutical 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. However, the committee may 97 not review a request or provide an advisory opinion or 98 recommendation regarding any oral ocular pharmaceutical agent. 99 (b) The formulary shall consist of those topical ocular 100 pharmaceutical agents which the certified optometrist is 101 qualified to use in the practice of optometry and those topical 102 ocular pharmaceutical agents which are appropriate to treat and 103 diagnose ocular diseases or disorders within the scope of 104 optometric practice. The formulary shall also include the 105 following oral ocular pharmaceutical agents that may be 106 personally prescribed only by a certified optometrist: 107 1. The following analgesics, which may not be administered 108 or prescribed by a certified optometrist to treat a patient for 109 more than 72 hours without consultation with a physician 110 licensed under chapter 458 or chapter 459 who is skilled in 111 diseases of the eye: 112 a. Acetaminophen with propoxyphene napsylate. 113 b. Tramadol hydrochloride. 114 c. Acetaminophen 300 mg with No. 3 codeine phosphate 30 mg. 115 2. The following antibiotics: 116 a. Amoxicillin. 117 b. Azithromycin. 118 c. Ciprofloxacin. 119 d. Dicloxacillin. 120 e. Doxycycline. 121 3. The following antivirals: 122 a. Acyclovir. 123 b. Famciclovir. 124 c. Valacyclovir. 125 4. The following oral anti-glaucoma agents, which may not 126 be administered or prescribed by a certified optometrist to 127 treat a patient for more than 72 hours without consultation with 128 a physician licensed under chapter 458 or chapter 459 who is 129 skilled in diseases of the eye: 130 a. Acetazolamide. 131 b. Methazolamide. 132 133 The board shall establish, add to, delete from, or modify the 134 formulary by rule. However, the board may not add to, delete 135 from, or modify the formulary with respect to the oral ocular 136 pharmaceutical agents listed in this paragraph. Notwithstanding 137 any provision of chapter 120 to the contrary, the formulary rule 138 shall become effective 60 days from the date it is filed with 139 the Secretary of State. 140 (c)(b)The formulary may be added to, deleted from, or 141 modified according to the procedure described in paragraphs 142paragraph(a) and (b). Any person who requestsanaddition, 143 deletion, or modification of an authorized topical ocular 144 pharmaceutical agent hasshall havethe burden of proof to show 145 cause why such addition, deletion, or modification should be 146 made. 147 (d)(c)The State Surgeon General shall have standing to 148 challenge any rule or proposed rule of the board pursuant to s. 149 120.56. In addition to challenges for any invalid exercise of 150 delegated legislative authority, the administrative law judge, 151 upon such a challenge by the State Surgeon General, may declare 152 all or part of a rule or proposed rule invalid if it: 153 1. Does not protect the public from any significant and 154 discernible harm or damages; 155 2. Unreasonably restricts competition or the availability 156 of professional services in the state or in a significant part 157 of the state; or 158 3. Unnecessarily increases the cost of professional 159 services without a corresponding or equivalent public benefit. 160 161 However, there shall not be created a presumption of the 162 existence of any of the conditions cited in this subsection in 163 the event that the rule or proposed rule is challenged. 164 (e)(d)Upon adoption of the formulary required by this 165 section, and upon each addition, deletion, or modification to 166 the formulary, the board shall mail a copy of the amended 167 formulary to each certified optometrist and to each pharmacy 168 licensed by the state. 169 (3) A certified optometrist shall be issued a prescriber 170 number by the board. Any prescription written by a certified 171 optometrist for a topical or oral ocular pharmaceutical agent 172 pursuant to this section shall have the prescriber number 173 printed thereon. 174 Section 4. Subsection (3) of section 463.0057, Florida 175 Statutes, is amended to read: 176 463.0057 Optometric faculty certificate.— 177 (3) The holder of a faculty certificate may engage in the 178 practice of optometry as permitted by this section,but may not 179 administer or prescribe topical or oral ocular pharmaceutical 180 agents unless the certificateholder has satisfied the 181 requirements of s. 463.006(1)(b)4. and 5. 182 Section 5. Subsections (2) and (3) of section 463.006, 183 Florida Statutes, are amended to read: 184 463.006 Licensure and certification by examination.— 185 (2) The examination shall consist of the appropriate 186 subjects, including applicable state laws and rules and general 187 and ocular pharmacology with emphasis on the topical 188 application, oral administration, and side effects of ocular 189 pharmaceutical agents. The board may by rule substitute a 190 national examination as part or all of the examination and may 191 by rule offer a practical examination in addition to the written 192 examination. 193 (3) Each applicant who successfully passes the examination 194 and otherwise meets the requirements of this chapter is entitled 195 to be licensed as a practitioner and to be certified to 196 administer and prescribe topical and oral ocular pharmaceutical 197 agents in the diagnosis and treatment of ocular conditions. 198 Section 6. Subsection (20) of section 893.02, Florida 199 Statutes, is amended to read: 200 893.02 Definitions.—The following words and phrases as used 201 in this chapter shall have the following meanings, unless the 202 context otherwise requires: 203 (20) “Practitioner” means a physician licensed pursuant to 204 chapter 458, a dentist licensed pursuant to chapter 466, a 205 veterinarian licensed pursuant to chapter 474, an osteopathic 206 physician licensed pursuant to chapter 459, a naturopath 207 licensed pursuant to chapter 462,ora podiatric physician 208 licensed pursuant to chapter 461, or an optometrist certified 209 pursuant to chapter 463 to administer and prescribe topical and 210 oral ocular pharmaceutical agents, ifprovidedsuch practitioner 211 holds a valid federal controlled substance registry number. 212 Section 7. Subsection (1) of section 893.05, Florida 213 Statutes, is amended to read: 214 893.05 Practitioners and persons administering controlled 215 substances in their absence.— 216 (1) A practitioner, in good faith and in the course of his 217 or her professional practice only, may prescribe, administer, 218 dispense, mix, or otherwise prepare a controlled substance, or 219 the practitioner may cause the same to be administered by a 220 licensed nurse or an intern practitioner under his or her 221 direction and supervision only. A veterinarian may so prescribe, 222 administer, dispense, mix, or prepare a controlled substance for 223 use on animals only, and may cause it to be administered by an 224 assistant or orderly under the veterinarian’s direction and 225 supervision only. An optometrist certified pursuant to chapter 226 463 to administer and prescribe topical and oral ocular 227 pharmaceutical agents may not administer or prescribe any 228 controlled substance listed on Schedule I or Schedule II of s. 229 893.03. 230 Section 8. This act shall take effect July 1, 2010.
