Senate Bill sb1714

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    Florida Senate - 2003                                  SB 1714

    By Senator Jones





    13-961A-03                                              See HB

  1                      A bill to be entitled

  2         An act relating to optometry; amending ss.

  3         463.002, 463.005, 463.0055, 463.0057, 463.006,

  4         and 463.014, F.S.; providing that the

  5         administration and prescription of

  6         pharmaceutical agents is not restricted to

  7         topical ocular pharmaceutical agents; providing

  8         an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Paragraph (b) of subsection (3) and

13  subsections (4) and (5) of section 463.002, Florida Statutes,

14  are amended to read:

15         463.002  Definitions.--As used in this chapter, the

16  term:

17         (3)

18         (b)  A licensed practitioner who is not a certified

19  optometrist shall be required to display at her or his place

20  of practice a sign which states, "I am a Licensed

21  Practitioner, not a Certified Optometrist, and I am not able

22  to prescribe topical ocular pharmaceutical agents."

23         (4)  "Certified optometrist" means a licensed

24  practitioner authorized by the board to administer and

25  prescribe topical ocular pharmaceutical agents pursuant to s.

26  463.0055.

27         (5)  "Optometry" means the diagnosis of conditions of

28  the human eye and its appendages; the employment of any

29  objective or subjective means or methods, including the

30  administration of topical ocular pharmaceutical agents

31  pursuant to s. 463.0055, for the purpose of determining the

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    Florida Senate - 2003                                  SB 1714
    13-961A-03                                              See HB




 1  refractive powers of the human eyes, or any visual, muscular,

 2  neurological, or anatomic anomalies of the human eyes and

 3  their appendages; and the prescribing and employment of

 4  lenses, prisms, frames, mountings, contact lenses, orthoptic

 5  exercises, light frequencies, and any other means or methods,

 6  including topical ocular pharmaceutical agents pursuant to s.

 7  463.0055, for the correction, remedy, or relief of any

 8  insufficiencies or abnormal conditions of the human eyes and

 9  their appendages.

10         Section 2.  Paragraph (g) of subsection (1) of section

11  463.005, Florida Statutes, is amended to read:

12         463.005  Authority of the board.--

13         (1)  The Board of Optometry has authority to adopt

14  rules pursuant to ss. 120.536(1) and 120.54 to implement the

15  provisions of this chapter conferring duties upon it. Such

16  rules shall include, but not be limited to, rules relating to:

17         (g)  Administration and prescription of topical ocular

18  pharmaceutical agents.

19         Section 3.  Section 463.0055, Florida Statutes, is

20  amended to read:

21         463.0055  Administration and prescription of topical

22  ocular pharmaceutical agents; committee.--

23         (1)  Certified optometrists may administer and

24  prescribe topical ocular pharmaceutical agents as provided in

25  this section for the diagnosis and treatment of ocular

26  conditions of the human eye and its appendages without the use

27  of surgery or other invasive techniques. However, a licensed

28  practitioner who is not certified may use topically applied

29  anesthetics solely for the purpose of glaucoma examinations,

30  but is otherwise prohibited from administering or prescribing

31  topical ocular pharmaceutical agents.

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    Florida Senate - 2003                                  SB 1714
    13-961A-03                                              See HB




 1         (2)(a)  There is hereby created a committee composed of

 2  two optometrists licensed pursuant to this chapter, appointed

 3  by the Board of Optometry, two board-certified

 4  ophthalmologists licensed pursuant to chapter 458 or chapter

 5  459, appointed by the Board of Medicine, and one additional

 6  person with a doctorate degree in pharmacology who is not

 7  licensed pursuant to chapter 458, chapter 459, or this

 8  chapter, appointed by the secretary. The committee shall

 9  review requests for additions to, deletions from, or

10  modifications of a formulary of topical ocular pharmaceutical

11  agents for administration and prescription by certified

12  optometrists and shall provide to the board advisory opinions

13  and recommendations on such requests. The formulary shall

14  consist of those topical ocular pharmaceutical agents which

15  the certified optometrist is qualified to use in the practice

16  of optometry. The board shall establish, add to, delete from,

17  or modify the formulary by rule. When the board has approved a

18  pharmaceutical agent for topical administration, the board may

19  also approve administration of that agent by means other than

20  injection, provided that the board may not approve steroids or

21  antifungal agents for oral administration. Notwithstanding any

22  provision of chapter 120 to the contrary, the formulary rule

23  shall become effective 60 days from the date it is filed with

24  the Secretary of State.

25         (b)  The formulary may be added to, deleted from, or

26  modified according to the procedure described in paragraph

27  (a). Any person who requests an addition, deletion, or

28  modification of an authorized topical ocular pharmaceutical

29  agent shall have the burden of proof to show cause why such

30  addition, deletion, or modification should be made.

31  

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    Florida Senate - 2003                                  SB 1714
    13-961A-03                                              See HB




 1         (c)  The secretary of the department shall have

 2  standing to challenge any rule or proposed rule of the board

 3  pursuant to s. 120.56. In addition to challenges for any

 4  invalid exercise of delegated legislative authority, the

 5  administrative law judge, upon such a challenge by the

 6  secretary, may declare all or part of a rule or proposed rule

 7  invalid if it:

 8         1.  Does not protect the public from any significant

 9  and discernible harm or damages;

10         2.  Unreasonably restricts competition or the

11  availability of professional services in the state or in a

12  significant part of the state; or

13         3.  Unnecessarily increases the cost of professional

14  services without a corresponding or equivalent public benefit.

15  

16  However, there shall not be created a presumption of the

17  existence of any of the conditions cited in this subsection in

18  the event that the rule or proposed rule is challenged.

19         (d)  Upon adoption of the formulary required by this

20  section, and upon each addition, deletion, or modification to

21  the formulary, the board shall mail a copy of the amended

22  formulary to each certified optometrist and to each pharmacy

23  licensed by the state.

24         (3)  A certified optometrist shall be issued a

25  prescriber number by the board. Any prescription written by a

26  certified optometrist for a topical ocular pharmaceutical

27  agent pursuant to this section shall have the prescriber

28  number printed thereon.

29         Section 4.  Subsection (3) of section 463.0057, Florida

30  Statutes, is amended to read:

31         463.0057  Optometric faculty certificate.--

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    Florida Senate - 2003                                  SB 1714
    13-961A-03                                              See HB




 1         (3)  The holder of a faculty certificate may engage in

 2  the practice of optometry as permitted by this section, but

 3  may not administer or prescribe topical ocular pharmaceutical

 4  agents unless the certificateholder has satisfied the

 5  requirements of s. 463.006(1)(b)4. and 5.

 6         Section 5.  Subsections (2) and (3) of section 463.006,

 7  Florida Statutes, are amended to read:

 8         463.006  Licensure and certification by examination.--

 9         (2)  The examination shall consist of the appropriate

10  subjects, including applicable state laws and rules and

11  general and ocular pharmacology with emphasis on the topical

12  application and side effects of ocular pharmaceutical agents.

13  The board may by rule substitute a national examination as

14  part or all of the examination and may by rule offer a

15  practical examination in addition to the written examination.

16         (3)  Each applicant who successfully passes the

17  examination and otherwise meets the requirements of this

18  chapter is entitled to be licensed as a practitioner and to be

19  certified to administer and prescribe topical ocular

20  pharmaceutical agents pursuant to s. 463.0055 in the diagnosis

21  and treatment of ocular conditions.

22         Section 6.  Subsection (3) of section 463.014, Florida

23  Statutes, is amended to read:

24         463.014  Certain acts prohibited.--

25         (3)  Prescribing, ordering, dispensing, administering,

26  supplying, selling, or giving any unauthorized pharmaceutical

27  agent systemic drugs by a licensed practitioner is prohibited.

28         Section 7.  This act shall take effect upon becoming a

29  law.

30  

31  

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