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 certified
   75  optometrist shall be required to display at her or his place of
   76  practice a sign which states, “I am a Licensed Practitioner, not
   77  a Certified Optometrist, and I am not able to prescribe ocular
   78  pharmaceutical agents.”
   79         (c) All practitioners initially licensed after July 1,
   80  1993, 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 prescribed topically or orally for
   86  the diagnosis or treatment of ocular conditions of the human eye
   87  and its appendages without the use of surgery or other invasive
   88  techniques.
   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.
   92  463.014(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 any objective or
  102  subjective means or methods, including the administration of
  103  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 appendages for the purpose of determining the refractive
  110  powers of the human eyes, or any visual, muscular, neurological,
  111  or anatomic anomalies of the human eyes and their appendages;
  112  and the prescribing and employment of lenses, prisms, frames,
  113  mountings, contact lenses, orthoptic exercises, light
  114  frequencies, and any other means or methods, including ocular
  115  pharmaceutical agents, for the correction, remedy, or relief of
  116  any insufficiencies or abnormal conditions of the human eyes and
  117  their 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 that which is
  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
  151  licensed practitioners actively practicing in this state. The
  152  remaining two members must be citizens of this the state 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 shall has authority to adopt
  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  must shall include, 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 provided for in s. 463.0135.
  170         (b) Minimum equipment that which a licensed practitioner
  171  must shall at all times possess to engage in the practice of
  172  optometry.
  173         (c) Minimum procedures that which shall constitute a visual
  174  examination.
  175         (d) Procedures for the safekeeping and transfer of
  176  prescription files or case records upon the discontinuance of
  177  practice.
  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 appendages without the use of surgery or other invasive
  198  techniques. 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 or
  203  prescribe oral ocular pharmaceutical agents, the certified
  204  optometrist must provide proof to the department of successful
  205  completion of a course and subsequent examination, approved by
  206  the board, on general and ocular pharmaceutical agents and the
  207  side effects of those agents. The course shall consist of 20
  208  contact hours, all of which may be web-based. The first course
  209  and examination shall be presented by October 1, 2013, and shall
  210  be administered at least annually thereafter. The course and
  211  examination shall be developed and offered jointly by a
  212  statewide professional association of physicians in this state
  213  accredited to provide educational activities designated for the
  214  American Medical Association Physician’s Recognition Award (AMA
  215  PRA) Category 1 credit and a statewide professional association
  216  of licensed practitioners which provides board-approved
  217  continuing education on an annual basis. The board shall review
  218  and approve the content of the initial course and examination if
  219  the board determines that the course and examination adequately
  220  and reliably satisfy the criteria set forth in this section. The
  221  board shall thereafter annually review and approve the course
  222  and examination if the board determines that the content
  223  continues to adequately and reliably satisfy the criteria set
  224  forth in this section. Successful completion of the board
  225  approved course and examination may be used by a certified
  226  optometrist to satisfy 20 hours of the continuing education
  227  requirements in s. 463.007(3), only for the biennial period in
  228  which the board-approved course and examination are taken. If a
  229  certified optometrist does not complete a board-approved course
  230  and examination under this section, the certified optometrist is
  231  only authorized to administer and prescribe topical ocular
  232  pharmaceutical agents.
  233         (2)(a) The board shall establish a negative formulary of
  234  topical ocular pharmaceutical agents that a certified
  235  optometrist may not administer or prescribe be prescribed and
  236  administered by a certified optometrist. The formulary shall
  237  consist of those topical ocular pharmaceutical agents that are
  238  appropriate to treat or diagnose ocular diseases and disorders
  239  and that the certified optometrist is qualified to use in the
  240  practice of optometry. The board shall establish, add to, delete
  241  from, or modify the topical formulary by rule. Notwithstanding
  242  any provision of chapter 120 to the contrary, the topical
  243  formulary rule becomes effective 60 days from the date it is
  244  filed with the Secretary of State.
  245         (b) The formulary may be added to, deleted from, or
  246  modified according to the procedure described in paragraph (a).
  247  Any person who requests an addition, deletion, or modification
  248  of an authorized topical ocular pharmaceutical agent shall have
  249  the burden of proof to show cause why such addition, deletion,
  250  or modification should be made.
  251         (c) The State Surgeon General shall have standing to
  252  challenge any rule or proposed rule of the board pursuant to s.
  253  120.56. In addition to challenges for any invalid exercise of
  254  delegated legislative authority, the administrative law judge,
  255  upon such a challenge by the State Surgeon General, may declare
  256  all or part of a rule or proposed rule invalid if it:
  257         1. Does not protect the public from any significant and
  258  discernible harm or damages;
  259         2. Unreasonably restricts competition or the availability
  260  of professional services in the state or in a significant part
  261  of the state; or
  262         3. Unnecessarily increases the cost of professional
  263  services without a corresponding or equivalent public benefit.
  264  
  265  However, there shall not be created a presumption of the
  266  existence of any of the conditions cited in this subsection in
  267  the event that the rule or proposed rule is challenged.
  268         (d) Upon adoption of the negative formulary required by
  269  this 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 ocular
  274  pharmaceutical agents established by rule of the board, there is
  275  created a statutory formulary of oral ocular pharmaceutical
  276  agents, which includes the following agents:
  277         (a) The following analgesics or their generic or
  278  therapeutic equivalents, which may not be administered or
  279  prescribed for more than 72 hours without consultation with a
  280  physician licensed under chapter 458 or chapter 459 who is
  281  skilled in diseases of the eye:
  282         1. Tramadol hydrochloride.
  283         2. Acetaminophen 300 mg with No. 3 codeine phosphate 30 mg.
  284         (b) The following antibiotics or their generic or
  285  therapeutic equivalents:
  286         1. Amoxicillin with or without clavulanic acid.
  287         2. Azithromycin.
  288         3. Erythromycin.
  289         4. Dicloxacillin.
  290         5. Doxycycline/Tetracycline.
  291         6. Keflex.
  292         7. Minocycline.
  293         (c) The following antivirals or their generic or
  294  therapeutic equivalents:
  295         1. Acyclovir.
  296         2. Famciclovir.
  297         3. Valacyclovir.
  298         (d) The following oral anti-glaucoma agents or their
  299  generic or therapeutic equivalents, which may not be
  300  administered or prescribed for more than 72 hours:
  301         1. Acetazolamide.
  302         2. Methazolamide.
  303  
  304  Any oral ocular pharmaceutical agent that is listed in the
  305  statutory formulary set forth in this subsection and that is
  306  subsequently determined by the United States Food and Drug
  307  Administration to be unsafe for administration or prescription
  308  shall be considered to have been deleted from the formulary of
  309  oral ocular pharmaceutical agents. The oral ocular
  310  pharmaceutical agents on the statutory formulary set forth in
  311  this subsection may not otherwise be deleted by the board, the
  312  department, 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  analgesic placed on the formulary pursuant to this section for
  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         463.0056Ophthalmic 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 to
  404  administer or prescribe oral ocular pharmaceutical agents, the
  405  certificateholder must also satisfy the requirements of s.
  406  463.0055(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
  411  licensed practitioner pursuant 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 optometrist practitioner and to be certified to
  454  administer and prescribe ocular pharmaceutical agents in the
  455  diagnosis 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. Certified
  481  optometrists may remove superficial foreign bodies. For the
  482  purposes of this subsection, the term “superficial foreign
  483  bodies” means any foreign matter that is embedded in the
  484  conjunctiva or cornea but that has not penetrated the globe.
  485  Notwithstanding the definition of surgery as provided in s.
  486  463.002(6), a certified optometrist is not prohibited from
  487  providing any optometric care within the practice of optometry
  488  as defined in s. 463.002(7), such as removing an eyelash by
  489  epilation, probing an uninflamed tear duct in a patient 18 years
  490  of age or older, blocking the puncta by plug, or superficial
  491  scraping for the purpose of removing damaged epithelial tissue
  492  or superficial foreign bodies or taking a culture of the surface
  493  of 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. 463.002 s. 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. 463.002 s. 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.

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