Florida Senate - 2011                                     SB 868
       
       
       
       By Senator Sobel
       
       
       
       
       31-01446-11                                            2011868__
    1                        A bill to be entitled                      
    2         An act relating to eye care professionals; amending s.
    3         463.003, F.S.; revising membership requirements for
    4         the Board of Optometry; amending s. 463.009, F.S.;
    5         revising the duties of, and restrictions on the
    6         practice of optometry by, nonlicensed supportive
    7         personnel; amending s. 463.014, F.S.; prohibiting the
    8         board from adopting rules that prohibit certain acts
    9         in the practice of optometry; providing for
   10         application; amending s. 484.002, F.S.; revising
   11         definitions relating to the practice of opticianry;
   12         amending s. 484.007, F.S.; revising requirements for
   13         applicants seeking to take the optician licensure
   14         examination; amending s. 484.013, F.S.; revising
   15         grounds that constitute unlawful conduct by opticians;
   16         providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (2) of section 463.003, Florida
   21  Statutes, is amended to read:
   22         463.003 Board of Optometry.—
   23         (2) Four Five members of the board must be licensed
   24  practitioners actively practicing in this state. One member must
   25  be a board-certified ophthalmologist licensed under chapter 458
   26  or chapter 459. The remaining two members must be citizens of
   27  the state who are not, and have never been, licensed
   28  practitioners or ophthalmologists and who are in no way
   29  connected with the practice of optometry or ophthalmology or
   30  with any vision-oriented profession or business. At least one
   31  member of the board must be 60 years of age or older.
   32         Section 2. Section 463.009, Florida Statutes, is amended to
   33  read:
   34         463.009 Supportive personnel.—A No person who is not other
   35  than a licensed practitioner may not engage in the practice of
   36  optometry as defined in s. 463.002(5). Except as provided in
   37  this section, under no circumstances shall nonlicensed
   38  supportive personnel may not be delegated the duties of
   39  diagnosis, or treatment, or determining the refractive error of
   40  the eye unless specifically licensed to provide these services
   41  duties; however, such personnel may perform data gathering,
   42  preliminary testing, prescribed visual therapy, dispensing of an
   43  optical device to and final fitting thereof on a patient, and
   44  related duties under the direct supervision of the licensed
   45  practitioner. Nonlicensed personnel, who need not be employees
   46  of the licensed practitioner, may perform ministerial duties,
   47  tasks, and functions assigned to them by and performed under the
   48  general supervision of a licensed practitioner, including
   49  obtaining information from consumers for the purpose of making
   50  appointments for the licensed practitioner. The licensed
   51  practitioner is shall be responsible for all delegated acts
   52  performed by persons under her or his direct and general
   53  supervision.
   54         Section 3. Subsections (1), (2), and (5) of section
   55  463.014, Florida Statutes, are amended to read:
   56         463.014 Certain acts prohibited.—
   57         (1)(a) A No corporation, lay body, organization, or
   58  individual other than a licensed practitioner may not shall
   59  engage in the practice of optometry through the means of
   60  engaging the services, upon a salary, commission, or other means
   61  or inducement, of any person licensed to practice optometry in
   62  this state. Nothing in This section does not shall be deemed to
   63  prohibit the association of a licensed practitioner with a
   64  multidisciplinary group of licensed health care professionals,
   65  the primary objective of which is the diagnosis and treatment of
   66  the human body.
   67         (b) A No licensed practitioner may not shall engage in the
   68  practice of optometry with any corporation, organization, group,
   69  or lay individual. This paragraph does provision shall not
   70  prohibit licensed practitioners from employing, or from forming
   71  partnerships or professional associations with, licensed
   72  practitioners licensed in this state or with other licensed
   73  health care professionals, the primary objective of whom is the
   74  diagnosis and treatment of the human body.
   75         (c) No rule of The board may not adopt rules prohibiting
   76  shall forbid the practice of optometry in or on the premises of
   77  a commercial or mercantile establishment.
   78         (d) A No licensed practitioner may not practice under
   79  practice identification names, trade names, or service names,
   80  unless any dissemination of information by the practitioner to
   81  consumers contains the name under which the practitioner is
   82  licensed or that of the professional association in which the
   83  practitioner participates. Any advertisement or other
   84  dissemination of information to consumers may contain factual
   85  information as to the geographic location of licensed
   86  practitioners or of the availability of optometric services.
   87         (e) The board may not adopt rules prohibiting a No licensed
   88  practitioner from using or publishing shall adopt and publish or
   89  cause to be published any practice identification name, trade
   90  name, or service name or from advertising which is, contains, or
   91  is intended to serve as an affirmation of the quality or
   92  competitive value of the practitioner’s optometric services
   93  provided at the identified practice.
   94         (f) This section does not prohibit a licensed practitioner
   95  from forming a partnership, corporation, or professional
   96  association with one or more other licensed health care
   97  professionals in the creation, ownership, and management of a
   98  commercial or mercantile optical establishment that is an entity
   99  separate from the practitioner’s optometry practice.
  100         (2) A corporation or labor organization may employ licensed
  101  practitioners to provide optometric services to bona fide
  102  employees of such corporation and members of their immediate
  103  families or to bona fide members of such labor organization and
  104  members of their immediate families, provided the provision of
  105  such services is incidental to the legitimate business of such
  106  corporation or labor organization. Nothing in This section does
  107  not shall be deemed to authorize the employment of licensed
  108  practitioners by corporations or organizations formed primarily
  109  for such purposes.
  110         (5) No rule of The board may not adopt rules prohibiting
  111  shall prohibit a licensed practitioner from authorizing a board
  112  certified optician to fill, fit, adapt, or dispense a contact
  113  lens prescription as authorized under chapter 484.
  114         Section 4. Subsections (3) and (9) of section 484.002,
  115  Florida Statutes, are amended to read:
  116         484.002 Definitions.—As used in this part:
  117         (3) “Opticianry” means the preparation and dispensing of
  118  lenses, spectacles, eyeglasses, contact lenses, and other
  119  optical devices to the intended user or agent thereof, upon the
  120  written prescription of a licensed allopathic or osteopathic
  121  physician or optometrist who is duly licensed to practice or
  122  upon presentation of a duplicate prescription. The selection of
  123  frame designs, the actual sales transaction, and the transfer of
  124  physical possession of lenses, spectacles, eyeglasses, contact
  125  lenses, and other optical devices subsequent to performance of
  126  all services of the optician shall not be considered the
  127  practice of opticianry; however, such physical possession shall
  128  not be transferred until the optician has completed the final
  129  fitting of the optical device upon the customer. The practice of
  130  opticianry also includes the duplication of lenses accurately as
  131  to power, without prescription. A board-certified optician
  132  qualified and operating under rules established by the board may
  133  fill, fit, adapt, or dispense any soft contact lens
  134  prescription. Such optician may fill, fit, adapt, or dispense
  135  any extended wear or hard contact lens prescription to the
  136  extent authorized to do so by the prescribing allopathic or
  137  osteopathic physician or optometrist.
  138         (9) “Optical dispensing” means interpreting but not
  139  altering a prescription of a licensed physician or optometrist
  140  and designing, adapting, fitting, or replacing the prescribed
  141  optical aids, pursuant to such prescription, to or for the
  142  intended wearer, duplicating lenses, accurately as to power
  143  without a prescription, and duplicating nonprescription eyewear
  144  and parts of eyewear. The term “Optical dispensing” does not
  145  include selecting frames, transferring an optical aid to the
  146  wearer after an optician completes the final has completed
  147  fitting thereof it, or providing instruction in the general care
  148  and use of an optical aid, including placement, removal,
  149  hygiene, or cleaning.
  150         Section 5. Subsection (1) of section 484.007, Florida
  151  Statutes, is amended to read:
  152         484.007 Licensure of opticians; permitting of optical
  153  establishments.—
  154         (1) Any person desiring to practice opticianry must shall
  155  apply to the department, upon forms prescribed by the department
  156  it, to take a licensure examination. The department shall
  157  examine each applicant who the board certifies:
  158         (a) Has completed the application form and remitted a
  159  nonrefundable application fee set by the board, in the amount of
  160  $100 or less, and an examination fee set by the board, in the
  161  amount of $325 plus the actual per-applicant per applicant cost
  162  to the department for purchase of portions of the examination
  163  from the American Board of Opticianry or a similar national
  164  organization, or less, and refundable if the board finds the
  165  applicant ineligible to take the examination;
  166         (b) Is not less than 18 years of age;
  167         (c) Is a graduate of an accredited high school or possesses
  168  a certificate of equivalency of a high school education; and
  169         (d)1. Has received before July 1, 2013, an associate
  170  degree, or its equivalent, in opticianry from an educational
  171  institution the curriculum of which is accredited by an
  172  accrediting agency recognized and approved by the United States
  173  Department of Education or the Council on Postsecondary
  174  Education or approved by the board;
  175         2. Has received on or after July 1, 2013, an associate
  176  degree, or its equivalent, in opticianry from an educational
  177  institution the opticianry curriculum of which is accredited by
  178  the Council for Higher Education Accreditation or by a
  179  nationally recognized accrediting agency approved by the board
  180  or recognized by the United States Department of Education;
  181         3.2. Is an individual licensed to practice the profession
  182  of opticianry pursuant to a regulatory licensing law of another
  183  state, territory, or jurisdiction of the United States, who has
  184  actively practiced in such other state, territory, or
  185  jurisdiction for more than 3 years immediately preceding
  186  application, and who meets the examination qualifications as
  187  provided in this subsection;
  188         4.3. Is an individual who has actively practiced in another
  189  state, territory, or jurisdiction of the United States for more
  190  than 5 years immediately preceding application, and who provides
  191  tax or business records, affidavits, or other satisfactory
  192  documentation of such practice, and who meets the examination
  193  qualifications as provided in this subsection; or
  194         5.4. Has registered before July 1, 2011, as an apprentice
  195  with the department and paid a registration fee not to exceed
  196  $60, as set by rule of the board. The apprentice must shall
  197  complete 6,240 hours of training under the supervision of an
  198  optician licensed in this state for at least 1 year or of a
  199  physician or optometrist licensed under the laws of this state.
  200  These requirements must be met within 5 years after the date of
  201  registration. However, any time spent in a recognized school may
  202  be considered as part of the apprenticeship program provided in
  203  this subparagraph herein. The board may establish administrative
  204  processing fees sufficient to cover the cost of administering
  205  apprentice rules adopted as promulgated by the board; or
  206         6. Has registered on or after July 1, 2011, as an
  207  apprentice with the department and paid a registration fee not
  208  to exceed $60, as set by rule of the board. The apprentice must
  209  complete 6,240 hours of training under the supervision of an
  210  optician licensed in this state for at least 1 year and complete
  211  12 semester hours of college credit from an educational
  212  institution described in subparagraph 1. or subparagraph 2.
  213  These requirements must be met within 5 years after the date of
  214  registration. However, any time spent in a recognized school may
  215  be considered as part of the apprenticeship program provided in
  216  this subparagraph. The board may establish administrative
  217  processing fees sufficient to cover the cost of administering
  218  apprentice rules adopted by the board.
  219         Section 6. Subsection (3) of section 484.013, Florida
  220  Statutes, is amended to read:
  221         484.013 Violations and penalties.—
  222         (3) It is unlawful for any optician to engage in the
  223  diagnosis of the human eyes, attempt to determine the refractive
  224  powers of the human eyes, or, in any manner, attempt to
  225  prescribe for or treat diseases or ailments of human beings.
  226         Section 7. This act shall take effect July 1, 2011.