Bill Text: FL S0876 | 2021 | Regular Session | Introduced
Bill Title: Optometry
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-04-30 - Died in Appropriations Subcommittee on Health and Human Services [S0876 Detail]
Download: Florida-2021-S0876-Introduced.html
Florida Senate - 2021 SB 876 By Senator Diaz 36-00524-21 2021876__ 1 A bill to be entitled 2 An act relating to optometry; reordering and amending 3 s. 463.002, F.S.; revising and defining terms; 4 amending s. 463.003, F.S.; revising the member 5 composition requirements for the Board of Optometry; 6 revising applicability; amending s. 463.005, F.S.; 7 revising specified rules the board must adopt; 8 amending s. 463.0055, F.S.; revising circumstances 9 under which a certified optometrist may administer or 10 prescribe ocular pharmaceutical agents; deleting 11 requirements a certified optometrist must satisfy to 12 administer or prescribe ocular pharmaceutical agents; 13 requiring the board to adopt a negative formulary of 14 ocular pharmaceutical agents certified optometrists 15 are prohibited from administering or prescribing; 16 deleting provisions relating to the topical and oral 17 ocular pharmaceutical agent formularies established by 18 the board; requiring the board to mail a copy of the 19 negative formulary to all certified optometrists and 20 licensed pharmacies under certain circumstances; 21 revising the controlled substances that certified 22 optometrists are prohibited from administering or 23 prescribing; creating s. 463.0056, F.S.; authorizing 24 certain certified optometrists to perform laser and 25 non-laser ophthalmic procedures and therapies under 26 certain circumstances; providing certification 27 requirements certified optometrists must satisfy to 28 perform such procedures and therapies; requiring the 29 board to approve the courses and examinations to be 30 used for certification if certain conditions are met; 31 requiring the board to review and approve the 32 examination annually if certain conditions are met; 33 authorizing certified optometrists to use the board 34 approved course and examination to satisfy their 35 continuing education requirements under certain 36 circumstances; prohibiting a certified optometrist who 37 does not complete such course and examination from 38 performing certain ophthalmic procedures; specifying 39 ophthalmic procedures that are excluded from the scope 40 of practice of optometry, with an exception; amending 41 s. 463.0057, F.S.; conforming a provision to changes 42 made by the act; amending s. 463.006, F.S.; conforming 43 provisions to changes made by the act; requiring the 44 board to determine the required content, grading 45 criteria, and passing score for the licensure 46 examination for certified optometrists; making 47 technical changes; amending s. 463.0135, F.S.; 48 authorizing certified optometrists to remove 49 superficial foreign bodies; defining the term 50 “superficial foreign bodies”; specifying circumstances 51 under which optometrists may perform procedures within 52 the practice of optometry which may otherwise be 53 considered surgery; requiring licensed practitioners 54 who are not certified optometrists to display in their 55 practices a sign containing specified information; 56 amending s. 463.014, F.S.; deleting a prohibition on 57 surgery performed by certified optometrists to conform 58 to changes made by the act; amending ss. 463.009 and 59 641.31, F.S.; conforming cross-references; providing 60 an effective date. 61 62 Be It Enacted by the Legislature of the State of Florida: 63 64 Section 1. Section 463.002, Florida Statutes, is reordered 65 and amended to read: 66 463.002 Definitions.—As used in this chapter, the term: 67 (2)(1)“Board” means the Board of Optometry. 68 (5)(2)“Department” means the Department of Health. 69 (8)(3)(a)“Licensed practitioner” means a person who is a 70 primary health care provider licensed to engage in the practice 71 of optometry under the authority of this chapter. With respect 72 to persons initially licensed under this chapter after July 1, 73 1993, the term includes only certified optometrists. 74(b) A licensed practitioner who is not a certified75optometrist shall be required to display at her or his place of76practice a sign which states, “I am a Licensed Practitioner, not77a Certified Optometrist, and I am not able to prescribe ocular78pharmaceutical agents.”79(c) All practitioners initially licensed after July 1,801993, must be certified optometrists.81 (3)(4)“Certified optometrist” or “certified optometric 82 physician” means a licensed practitioner authorized by the board 83 to administer and prescribe ocular pharmaceutical agents. 84 (9)(5)“Ocular pharmaceutical agent” means a pharmaceutical 85 agent that is administered or prescribedtopically or orallyfor 86 the diagnosis or treatment of ocular conditions of the human eye 87 and its appendageswithout the use of surgery or other invasive88techniques. 89 (13)(6)“Surgery” means a procedure using an instrument, 90 including a laser, scalpel, or needle, in which human tissue is 91 cut, burned, scraped except as provided in s. 463.0135(12)s.92463.014(4), or vaporized, by incision, injection, ultrasound, 93 laser, infusion, cryotherapy, or radiation. The term includes a 94 procedure using an instrument which requires the closure of 95 human tissue by suture, clamp, or other such device. 96 (11)(7)“Optometry” means the diagnosis, evaluation, 97 treatment, and management of conditions of the human eye and its 98 appendages, including any visual, muscular, neurological, or 99 anatomical anomalies and chronic systemic conditions relating to 100 the eye; the determination of the refractive powers of the human 101 eye; and the prescribing and employment of anyobjective or102subjectivemeans or methods, includingthe administration of103 ocular pharmaceutical agents, contact lenses, spectacle lenses, 104 magnification lenses, vision therapy, low vision rehabilitation 105 devices, and ophthalmic procedures and therapy, for the 106 diagnosis, evaluation, correction, remedy, treatment, 107 management, or relief of any insufficiency, anomaly, 108 abnormality, or disease condition relating to the human eye or 109 its appendagesfor the purpose of determiningthe refractive110powers of the human eyes, or any visual, muscular, neurological,111or anatomic anomalies of the human eyes and their appendages;112and the prescribing and employment of lenses, prisms, frames,113mountings, contact lenses, orthoptic exercises, light114frequencies, and any other means or methods, including ocular115pharmaceutical agents, for the correction, remedy, or relief of116any insufficiencies or abnormal conditions of the human eyes and117their appendages. 118 (6)(8)“Direct supervision” means supervision to an extent 119 that the licensee remains on the premises while all procedures 120 are being done and gives final approval to any procedures 121 performed by an employee. 122 (7)(9)“General supervision” means the responsible 123 supervision of supportive personnel by a licensee who need not 124 be present when such procedures are performed, but who assumes 125 legal liability therefor. Except in cases of emergency, “general 126 supervision” shall require the easy availability or physical 127 presence of the licensee for consultation with and direction of 128 the supportive personnel. 129 (1)(10)“Appendages” means the eyelids, the eyebrows, the 130 conjunctiva, and the lacrimal apparatus. 131 (14)(11)“Transcript-quality” means a course thatwhichis 132 in conjunction with or sponsored by a school or college of 133 optometry or equivalent educational entity, which course is 134 approved by the board and requires a test and passing grade. 135 (4)(12)“Clock hours” means the actual time engaged in 136 approved coursework and clinical training. 137 (10) “Optometrist certified in ophthalmic procedures” means 138 a certified optometrist who is authorized under s. 463.0056 to 139 perform board-approved laser and non-laser ophthalmic procedures 140 and therapy in accordance with that section. 141 (12) “Refraction” means the use of lenses and ocular 142 pharmaceutical agents during the course of a comprehensive 143 medical eye examination to determine a patient’s visual, 144 neurological, and physical requirements to attain optimal visual 145 and perceptual performance. 146 Section 2. Subsections (2) and (4) of section 463.003, 147 Florida Statutes, are amended to read: 148 463.003 Board of Optometry.— 149 (2) Five members of the board must be certified 150 optometrists or optometrists certified in ophthalmic procedures 151licensed practitionersactively practicing in this state. The 152 remaining two members must be citizens of thisthestate who are 153 not, and have never been, licensed practitioners and who are in 154 no way connected with the practice of optometry or with any 155 vision-oriented profession or business. At least one member of 156 the board must be 60 years of age or older. 157 (4) All applicable provisions of chapter 456 relating to 158 activities of regulatory boards which do not conflict with this 159 chapter shall apply. 160 Section 3. Subsection (1) of section 463.005, Florida 161 Statutes, is amended to read: 162 463.005 Authority of the board.— 163 (1) The Board of Optometry shallhas authority toadopt 164 rules pursuant to ss. 120.536(1) and 120.54 to implement the 165 provisions of this chapter conferring duties upon it. Such rules 166 mustshallinclude, but need not be limited to, rules relating 167 to all of the following: 168 (a) Standards of practice, including, but not limited to, 169 those providedforin s. 463.0135. 170 (b) Minimum equipment thatwhicha licensed practitioner 171 mustshallat all times possess to engage in the practice of 172 optometry. 173 (c) Minimum procedures thatwhich shallconstitute a visual 174 examination. 175 (d) Procedures for the safekeeping and transfer of 176 prescription files or case recordsupon the discontinuance of177practice. 178 (e) Supervision of supportive personnel. 179 (f) Courses and procedures for continuing education. 180 (g) Practices and procedures for the administration and 181 prescription of ocular pharmaceutical agents. 182 (h) Laser and non-laser ophthalmic procedures and therapies 183 an optometrist certified in ophthalmic procedures may perform, 184 including, but not limited to, the standards of practice for 185 such ophthalmic procedures and therapies. 186 (i) The scope of practice of optometry consistent with this 187 chapter. 188 (j) Required content, grading criteria, and passing scores 189 for the licensure examinations set forth in s. 463.006. 190 Section 4. Section 463.0055, Florida Statutes, is amended 191 to read: 192 463.0055 Administration and prescription of ocular 193 pharmaceutical agents.— 194 (1)(a)Certified optometrists may administer and prescribe 195 ocular pharmaceutical agents as provided in this section for the 196 diagnosis and treatment of ocular conditions of the human eye 197 and its appendageswithout the use of surgery or other invasive198techniques. However, a licensed practitioner who is not 199 certified may use topically applied anesthetics solely for the 200 purpose of glaucoma examinations, but is otherwise prohibited 201 from administering or prescribing ocular pharmaceutical agents. 202(b) Before a certified optometrist may administer or203prescribe oral ocular pharmaceutical agents, the certified204optometrist must provide proof to the department of successful205completion of a course and subsequent examination, approved by206the board, on general and ocular pharmaceutical agents and the207side effects of those agents. The course shall consist of 20208contact hours, all of which may be web-based. The first course209and examination shall be presented by October 1, 2013, and shall210be administered at least annually thereafter. The course and211examination shall be developed and offered jointly by a212statewide professional association of physicians in this state213accredited to provide educational activities designated for the214American Medical Association Physician’s Recognition Award (AMA215PRA) Category 1 credit and a statewide professional association216of licensed practitioners which provides board-approved217continuing education on an annual basis. The board shall review218and approve the content of the initial course and examination if219the board determines that the course and examination adequately220and reliably satisfy the criteria set forth in this section. The221board shall thereafter annually review and approve the course222and examination if the board determines that the content223continues to adequately and reliably satisfy the criteria set224forth in this section. Successful completion of the board225approved course and examination may be used by a certified226optometrist to satisfy 20 hours of the continuing education227requirements in s. 463.007(3), only for the biennial period in228which the board-approved course and examination are taken. If a229certified optometrist does not complete a board-approved course230and examination under this section, the certified optometrist is231only authorized to administer and prescribe topical ocular232pharmaceutical agents.233 (2)(a)The board shall establish a negative formulary of 234topicalocular pharmaceutical agents that a certified 235 optometrist may not administer or prescribebe prescribed and236administered by a certified optometrist.The formulary shall237consist of those topical ocular pharmaceutical agents that are238appropriate to treat or diagnose ocular diseases and disorders239and that the certified optometrist is qualified to use in the240practice of optometry. The board shall establish, add to, delete241from, or modify the topical formulary by rule. Notwithstanding242any provision of chapter 120 to the contrary, the topical243formulary rule becomes effective 60 days from the date it is244filed with the Secretary of State.245(b) The formulary may be added to, deleted from, or246modified according to the procedure described in paragraph (a).247Any person who requests an addition, deletion, or modification248of an authorized topical ocular pharmaceutical agent shall have249the burden of proof to show cause why such addition, deletion,250or modification should be made.251(c) The State Surgeon General shall have standing to252challenge any rule or proposed rule of the board pursuant to s.253120.56. In addition to challenges for any invalid exercise of254delegated legislative authority, the administrative law judge,255upon such a challenge by the State Surgeon General, may declare256all or part of a rule or proposed rule invalid if it:2571. Does not protect the public from any significant and258discernible harm or damages;2592. Unreasonably restricts competition or the availability260of professional services in the state or in a significant part261of the state; or2623. Unnecessarily increases the cost of professional263services without a corresponding or equivalent public benefit.264 265However, there shall not be created a presumption of the266existence of any of the conditions cited in this subsection in267the event that the rule or proposed rule is challenged.268(d)Upon adoption of the negative formularyrequired by269this section, and upon each addition, deletion, or modification 270 to the formulary, the board shall mail a copy of the amended 271 formulary to each certified optometrist and to each pharmacy 272 licensed by the state. 273(3) In addition to the formulary of topical ocular274pharmaceutical agents established by rule of the board, there is275created a statutory formulary of oral ocular pharmaceutical276agents, which includes the following agents:277(a) The following analgesics or their generic or278therapeutic equivalents, which may not be administered or279prescribed for more than 72 hours without consultation with a280physician licensed under chapter 458 or chapter 459 who is281skilled in diseases of the eye:2821. Tramadol hydrochloride.2832. Acetaminophen 300 mg with No. 3 codeine phosphate 30 mg.284(b) The following antibiotics or their generic or285therapeutic equivalents:2861. Amoxicillin with or without clavulanic acid.2872. Azithromycin.2883. Erythromycin.2894. Dicloxacillin.2905. Doxycycline/Tetracycline.2916. Keflex.2927. Minocycline.293(c) The following antivirals or their generic or294therapeutic equivalents:2951. Acyclovir.2962. Famciclovir.2973. Valacyclovir.298(d) The following oral anti-glaucoma agents or their299generic or therapeutic equivalents, which may not be300administered or prescribed for more than 72 hours:3011. Acetazolamide.3022. Methazolamide.303 304Any oral ocular pharmaceutical agent that is listed in the305statutory formulary set forth in this subsection and that is306subsequently determined by the United States Food and Drug307Administration to be unsafe for administration or prescription308shall be considered to have been deleted from the formulary of309oral ocular pharmaceutical agents. The oral ocular310pharmaceutical agents on the statutory formulary set forth in311this subsection may not otherwise be deleted by the board, the312department, or the State Surgeon General.313 (3)(4)A certified optometrist shall be issued a prescriber 314 number by the board. Any prescription written by a certified 315 optometrist for an ocular pharmaceutical agent pursuant to this 316 section shall have the prescriber number printed thereon. A 317 certified optometrist may not administer or prescribe any of the 318 following: 319 (a) A controlled substance listed in Schedule II, Schedule 320 III, Schedule IV, or Schedule V of s. 893.03, except for an oral 321 analgesicplaced on the formulary pursuant to this sectionfor 322 the relief of pain due to ocular conditions of the eye and its 323 appendages. 324 (b) A controlled substance for the treatment of chronic 325 nonmalignant pain as defined in s. 456.44(1)(f). 326 Section 5. Section 463.0056, Florida Statutes, is created 327 to read: 328 463.0056 Ophthalmic Procedures.— 329 (1)(a) An optometrist certified in ophthalmic procedures 330 may perform laser and non-laser ophthalmic procedures and 331 therapies as authorized by the board but may not perform an 332 ophthalmic procedure or therapy that requires preoperative 333 medications or drug-induced alteration of consciousness. 334 However, an optometrist certified in ophthalmic procedures may 335 use medication for minimal tranquilization of the patient and 336 local or topical anesthesia if the chances of complications 337 requiring hospitalization of the patient as a result are remote. 338 (b) To be certified to perform ophthalmic procedures, a 339 certified optometrist must first provide proof to the department 340 of successful completion of a course and subsequent examination, 341 approved by the board, on laser and non-laser ophthalmic 342 procedures and therapy. The course and examination shall be 343 developed and offered jointly by a statewide professional 344 association of physicians in this state accredited to provide 345 educational activities designated for the American Medical 346 Association Physician’s Recognition Award Category 1 credit and 347 a statewide professional association of licensed practitioners 348 which provides board-approved continuing education on an annual 349 basis. The board shall review and approve the content of the 350 initial course and examination if the board determines that the 351 course and examination adequately and reliably satisfy the 352 criteria set forth in this section. The board shall thereafter 353 annually review and approve the examination if the board 354 determines that the content continues to adequately and reliably 355 satisfy the criteria set forth in this section. Successful 356 completion of the board-approved course and examination may be 357 used by a certified optometrist to satisfy the continuing 358 education requirements in s. 463.007(3) only for the biennial 359 period in which the board-approved course and examination are 360 taken. If a certified optometrist does not complete a board 361 approved course and examination under this section, the 362 certified optometrist may not perform ophthalmic procedures 363 described in paragraph (a). 364 (2) The following ophthalmic procedures are excluded from 365 the scope of practice of optometry, except for the preoperative 366 and postoperative care of these procedures: 367 (a) Laser vision correction, penetrating keratoplasty, and 368 corneal or lamellar keratoplasty. 369 (b) Laser of the vitreous chamber or retina of the eye to 370 treat any vitreomacular or retinal disease. 371 (c) Surgery of the eyelid for suspected eyelid malignancies 372 or for incisional cosmetic or mechanical repair of 373 blepharochalasis, ptosis, or tarsorrhaphy. 374 (d) Surgery of the boney orbit, including, but not limited 375 to, orbital implants or removal of the human eye. 376 (e) Incisional or excisional surgery of the lacrimal system 377 other than lacrimal probing or related procedures. 378 (f) Surgery requiring full thickness incision or excision 379 of the cornea or sclera other than paracentesis in an emergency 380 situation requiring immediate reduction of elevated pressure 381 inside the eye. 382 (g) Surgery requiring incision or excision by scalpel of 383 the iris and ciliary body, including, but not limited to, iris 384 diathermy or cryotherapy. 385 (h) Surgery requiring incision or excision of the vitreous 386 or retina. 387 (i) Surgery requiring incision or excision of the 388 crystalline lens or an intraocular prosthetic implant. 389 (j) Surgery involving incision or excision of the 390 extraocular muscles. 391 (k) Surgery requiring full thickness conjunctivoplasty with 392 graft or flap. 393 (l) Pterygium surgery. 394 (m) Any other procedure or therapy the board deems 395 appropriate. 396 Section 6. Subsection (3) of section 463.0057, Florida 397 Statutes, is amended to read: 398 463.0057 Optometric faculty certificate.— 399 (3) The holder of a faculty certificate may engage in the 400 practice of optometry as permitted by this section but may not 401 administer or prescribe topical ocular pharmaceutical agents 402 unless the certificateholder has satisfied the requirements of 403 s. 463.006(1)(e) and (f).If a certificateholder wishes to404administer or prescribe oral ocular pharmaceutical agents, the405certificateholder must also satisfy the requirements of s.406463.0055(1)(b).407 Section 7. Section 463.006, Florida Statutes, is amended to 408 read: 409 463.006 Licensure and certification by examination.— 410 (1) Any person desiring to be a certified optometrist 411licensed practitionerpursuant to this chapter must apply to the 412 department and must submit proof to the department that she or 413 he: 414 (a) Has completed the application forms as required by the 415 board, remitted an application fee for certification not to 416 exceed $250, remitted an examination fee for certification not 417 to exceed $250, and remitted an examination fee for licensure 418 not to exceed $325, all as set by the board. 419 (b) Is at least 18 years of age. 420 (c) Has graduated from an accredited school or college of 421 optometry approved by rule of the board. 422 (d) Is of good moral character. 423 (e) Has successfully completed at least 110 hours of 424 transcript-quality coursework and clinical training in general 425 and ocular pharmacology as determined by the board, at an 426 institution that: 427 1. Has facilities for both didactic and clinical 428 instructions in pharmacology; and 429 2. Is accredited by a regional or professional accrediting 430 organization that is recognized and approved by the Commission 431 on Recognition of Postsecondary Accreditation or the United 432 States Department of Education. 433 (f) Has completed at least 1 year of supervised experience 434 in differential diagnosis of eye disease or disorders as part of 435 the optometric training or in a clinical setting as part of the 436 optometric experience. 437 (2) The board shall approve a licensure examination 438 consisting of the appropriate subjects and including applicable 439 state laws and rules and general and ocular pharmacology with 440 emphasis on the use and side effects of ocular pharmaceutical 441 agents. The board may by rule substitute a national examination 442 as part or all of the examination and, notwithstanding chapter 443 456, may by rule offer a practical examination in addition to a 444 written examination. The board shall determine the required 445 content, grading criteria, and passing score for the licensure 446 examination. 447 (3) Each applicant who submits proof satisfactory to the 448 board that he or she has met the requirements of subsection (1), 449 who successfully passes the licensure examination within 3 years 450 before the date of application or within 3 years after the 451 submission of an application, and who otherwise meets the 452 requirements of this chapter is entitled to be licensed as a 453 certified optometristpractitioner and to be certified to454administer and prescribe ocular pharmaceutical agents in the455diagnosis and treatment of ocular conditions. 456 Section 8. Subsections (12) and (13) are added to section 457 463.0135, Florida Statutes, to read: 458 463.0135 Standards of practice.— 459 (12) Certified optometrists may remove superficial foreign 460 bodies. For the purpose of this subsection, the term 461 “superficial foreign bodies” means any foreign matter that is 462 embedded in the conjunctiva or cornea but that has not 463 penetrated the globe. Notwithstanding the definition of surgery 464 in s. 463.002, a certified optometrist may provide any 465 optometric care within the practice of optometry as defined in 466 s. 463.002, including, but not limited to, removing an eyelash 467 by epilation, probing an uninflamed tear duct in a patient 18 468 years of age or older, blocking the puncta by plug, or 469 superficial scraping for the purpose of removing damaged 470 epithelial tissue or superficial foreign bodies or taking a 471 culture of the surface of the cornea or conjunctiva. 472 (13) A licensed practitioner who is not a certified 473 optometrist is required to display at her or his place of 474 practice a sign that states, “I am a Licensed Practitioner, not 475 a Certified Optometrist, and I am not able to prescribe ocular 476 pharmaceutical agents or perform ophthalmic procedures.” 477 Section 9. Subsection (4) of section 463.014, Florida 478 Statutes, is amended to read: 479 463.014 Certain acts prohibited.— 480(4) Surgery of any kind is expressly prohibited. Certified481optometrists may remove superficial foreign bodies. For the482purposes of this subsection, the term “superficial foreign483bodies” means any foreign matter that is embedded in the484conjunctiva or cornea but that has not penetrated the globe.485Notwithstanding the definition of surgery as provided in s.486463.002(6), a certified optometrist is not prohibited from487providing any optometric care within the practice of optometry488as defined in s. 463.002(7), such as removing an eyelash by489epilation, probing an uninflamed tear duct in a patient 18 years490of age or older, blocking the puncta by plug, or superficial491scraping for the purpose of removing damaged epithelial tissue492or superficial foreign bodies or taking a culture of the surface493of the cornea or conjunctiva.494 Section 10. Section 463.009, Florida Statutes, is amended 495 to read: 496 463.009 Supportive personnel.—No person other than a 497 licensed practitioner may engage in the practice of optometry as 498 defined in s. 463.002s. 463.002(7). Except as provided in this 499 section, under no circumstances shall nonlicensed supportive 500 personnel be delegated diagnosis or treatment duties; however, 501 such personnel may perform data gathering, preliminary testing, 502 prescribed visual therapy, and related duties under the direct 503 supervision of the licensed practitioner. Nonlicensed personnel, 504 who need not be employees of the licensed practitioner, may 505 perform ministerial duties, tasks, and functions assigned to 506 them by and performed under the general supervision of a 507 licensed practitioner, including obtaining information from 508 consumers for the purpose of making appointments for the 509 licensed practitioner. The licensed practitioner shall be 510 responsible for all delegated acts performed by persons under 511 her or his direct and general supervision. 512 Section 11. Subsection (19) of section 641.31, Florida 513 Statutes, is amended to read: 514 641.31 Health maintenance contracts.— 515 (19) Notwithstanding any other provision of law, health 516 maintenance policies or contracts which provide coverage, 517 benefits, or services as described in s. 463.002s. 463.002(7),518 shall offer to the subscriber the services of an optometrist 519 licensed pursuant to chapter 463. 520 Section 12. This act shall take effect July 1, 2021.