HB 135

1
A bill to be entitled
2An act relating to the practice of optometry; amending s.
3463.002, F.S.; revising terminology to conform to changes
4made by the act; amending s. 463.005, F.S.; authorizing
5the Board of Optometry to adopt rules for the
6administration and prescription of oral ocular
7pharmaceutical agents; amending s. 463.0055, F.S.;
8authorizing certified optometrists to administer and
9prescribe oral ocular pharmaceutical agents under certain
10circumstances; revising requirements for the certified
11optometrist formulary of ocular pharmaceutical agents;
12revising qualifications of certain members of the
13formulary committee; prohibiting the committee from
14reviewing requests or issuing advisory opinions or
15recommendations regarding oral ocular pharmaceutical
16agents; requiring the formulary to include certain oral
17ocular pharmaceutical agents; prohibiting the board from
18adding to, deleting from, or modifying the formulary with
19respect to oral ocular pharmaceutical agents; amending ss.
20463.0057 and 463.006, F.S.; conforming provisions to
21changes made by the act; amending s. 893.02, F.S.;
22revising a definition to specify that certified
23optometrists are practitioners for purposes of the Florida
24Comprehensive Drug Abuse Prevention and Control Act;
25amending s. 893.05, F.S.; prohibiting certified
26optometrists from administering and prescribing certain
27controlled substances; providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Subsections (3), (4), and (5) of section
32463.002, Florida Statutes, are amended to read:
33     463.002  Definitions.--As used in this chapter, the term:
34     (3)(a)  "Licensed practitioner" means a person who is a
35primary health care provider licensed to engage in the practice
36of optometry under the authority of this chapter.
37     (b)  A licensed practitioner who is not a certified
38optometrist shall be required to display at her or his place of
39practice a sign which states, "I am a Licensed Practitioner, not
40a Certified Optometrist, and I am not able to prescribe topical
41or oral ocular pharmaceutical agents."
42     (c)  All practitioners initially licensed after July 1,
431993, must be certified optometrists.
44     (4)  "Certified optometrist" means a licensed practitioner
45authorized by the board to administer and prescribe topical and
46oral ocular pharmaceutical agents.
47     (5)  "Optometry" means the diagnosis of conditions of the
48human eye and its appendages; the employment of any objective or
49subjective means or methods, including the administration of
50topical and oral ocular pharmaceutical agents, for the purpose
51of determining the refractive powers of the human eyes, or any
52visual, muscular, neurological, or anatomic anomalies of the
53human eyes and their appendages; and the prescribing and
54employment of lenses, prisms, frames, mountings, contact lenses,
55orthoptic exercises, light frequencies, and any other means or
56methods, including topical and oral ocular pharmaceutical
57agents, for the correction, remedy, or relief of any
58insufficiencies or abnormal conditions of the human eyes and
59their appendages.
60     Section 2.  Paragraph (g) of subsection (1) of section
61463.005, Florida Statutes, is amended to read:
62     463.005  Authority of the board.--
63     (1)  The Board of Optometry has authority to adopt rules
64pursuant to ss. 120.536 (1) and 120.54 to implement the
65provisions of this chapter conferring duties upon it. Such rules
66shall include, but not be limited to, rules relating to:
67     (g)  Administration and prescription of topical and oral
68ocular pharmaceutical agents.
69     Section 3.  Section 463.0055, Florida Statutes, is amended
70to read:
71     463.0055  Administration and prescription of topical and
72oral ocular pharmaceutical agents; committee.--
73     (1)  Certified optometrists may administer and prescribe
74topical and oral ocular pharmaceutical agents as provided in
75this section for the diagnosis and treatment of ocular
76conditions of the human eye and its appendages without the use
77of surgery or other invasive techniques. However, a licensed
78practitioner who is not certified may use topically applied
79anesthetics solely for the purpose of glaucoma examinations, but
80is otherwise prohibited from administering or prescribing
81topical or oral ocular pharmaceutical agents.
82     (2)(a)  There is hereby created a committee composed of two
83certified optometrists licensed pursuant to this chapter,
84appointed by the Board of Optometry, two board-certified
85ophthalmologists licensed pursuant to chapter 458 or chapter
86459, appointed by the Board of Medicine, and one additional
87person with a doctorate degree in pharmacology who is not
88licensed pursuant to chapter 458, chapter 459, or this chapter,
89appointed by the State Surgeon General. The committee shall
90review requests for additions to, deletions from, or
91modifications of a formulary of topical ocular pharmaceutical
92agents for administration and prescription by certified
93optometrists and shall provide to the board advisory opinions
94and recommendations on such requests. However, the committee may
95not review a request or provide an advisory opinion or
96recommendation regarding any oral ocular pharmaceutical agent.
97     (b)  The formulary shall consist of those topical ocular
98pharmaceutical agents which the certified optometrist is
99qualified to use in the practice of optometry and those topical
100ocular pharmaceutical agents appropriate to treat and diagnose
101ocular diseases or disorders within the scope of optometric
102practice. The formulary shall also include the following oral
103ocular pharmaceutical agents:
104     1.  The following analgesics, which may not be administered
105or prescribed for more than 72 hours without consultation with a
106physician licensed under chapter 458 or chapter 459 who is
107skilled in diseases of the eye:
108     a.  Acetaminophen with propoxyphene napsylate.
109     b.  Tramadol hydrochloride.
110     c.  Acetaminophen 300 mg with No. 3 codeine phosphate 30
111mg.
112     2.  The following antibiotics:
113     a.  Amoxicillin.
114     b.  Azithromycin.
115     c.  Ciprofloxacin.
116     d.  Dicloxacillin.
117     e.  Doxycycline.
118     3.  The following antivirals:
119     a.  Acyclovir.
120     b.  Famciclovir.
121     c.  Valacyclovir.
122     4.  The following oral anti-glaucoma agents, which may not
123be administered or prescribed for more than 72 hours without
124consultation with a physician licensed under chapter 458 or
125chapter 459 who is skilled in diseases of the eye:
126     a.  Acetazolamide.
127     b.  Methazolamide.
128
129The board shall establish, add to, delete from, or modify the
130formulary by rule. However, the board may not add to, delete
131from, or modify the formulary with respect to the oral ocular
132pharmaceutical agents listed in this paragraph. Notwithstanding
133any provision of chapter 120 to the contrary, the formulary rule
134shall become effective 60 days from the date it is filed with
135the Secretary of State.
136     (c)(b)  The formulary may be added to, deleted from, or
137modified according to the procedure described in paragraphs
138paragraph (a) and (b). Any person who requests an addition,
139deletion, or modification of an authorized topical ocular
140pharmaceutical agent has shall have the burden of proof to show
141cause why such addition, deletion, or modification should be
142made.
143     (d)(c)  The State Surgeon General shall have standing to
144challenge any rule or proposed rule of the board pursuant to s.
145120.56. In addition to challenges for any invalid exercise of
146delegated legislative authority, the administrative law judge,
147upon such a challenge by the State Surgeon General, may declare
148all or part of a rule or proposed rule invalid if it:
149     1.  Does not protect the public from any significant and
150discernible harm or damages;
151     2.  Unreasonably restricts competition or the availability
152of professional services in the state or in a significant part
153of the state; or
154     3.  Unnecessarily increases the cost of professional
155services without a corresponding or equivalent public benefit.
156
157However, there shall not be created a presumption of the
158existence of any of the conditions cited in this subsection in
159the event that the rule or proposed rule is challenged.
160     (e)(d)  Upon adoption of the formulary required by this
161section, and upon each addition, deletion, or modification to
162the formulary, the board shall mail a copy of the amended
163formulary to each certified optometrist and to each pharmacy
164licensed by the state.
165     (3)  A certified optometrist shall be issued a prescriber
166number by the board. Any prescription written by a certified
167optometrist for a topical or oral ocular pharmaceutical agent
168pursuant to this section shall have the prescriber number
169printed thereon.
170     Section 4.  Subsection (3) of section 463.0057, Florida
171Statutes, is amended to read:
172     463.0057  Optometric faculty certificate.--
173     (3)  The holder of a faculty certificate may engage in the
174practice of optometry as permitted by this section, but may not
175administer or prescribe topical or oral ocular pharmaceutical
176agents unless the certificateholder has satisfied the
177requirements of s. 463.006(1)(b)4. and 5.
178     Section 5.  Subsections (2) and (3) of section 463.006,
179Florida Statutes, are amended to read:
180     463.006  Licensure and certification by examination.--
181     (2)  The examination shall consist of the appropriate
182subjects, including applicable state laws and rules and general
183and ocular pharmacology with emphasis on the topical
184application, oral administration, and side effects of ocular
185pharmaceutical agents. The board may by rule substitute a
186national examination as part or all of the examination and may
187by rule offer a practical examination in addition to the written
188examination.
189     (3)  Each applicant who successfully passes the examination
190and otherwise meets the requirements of this chapter is entitled
191to be licensed as a practitioner and to be certified to
192administer and prescribe topical and oral ocular pharmaceutical
193agents in the diagnosis and treatment of ocular conditions.
194     Section 6.  Subsection (20) of section 893.02, Florida
195Statutes, is amended to read:
196     893.02  Definitions.--The following words and phrases as
197used in this chapter shall have the following meanings, unless
198the context otherwise requires:
199     (20)  "Practitioner" means a physician licensed pursuant to
200chapter 458, a dentist licensed pursuant to chapter 466, a
201veterinarian licensed pursuant to chapter 474, an osteopathic
202physician licensed pursuant to chapter 459, a naturopath
203licensed pursuant to chapter 462, or a podiatric physician
204licensed pursuant to chapter 461, or an optometrist certified
205pursuant to chapter 463 to administer and prescribe topical and
206oral ocular pharmaceutical agents, if provided such practitioner
207holds a valid federal controlled substance registry number.
208     Section 7.  Subsection (1) of section 893.05, Florida
209Statutes, is amended to read:
210     893.05  Practitioners and persons administering controlled
211substances in their absence.--
212     (1)  A practitioner, in good faith and in the course of his
213or her professional practice only, may prescribe, administer,
214dispense, mix, or otherwise prepare a controlled substance, or
215the practitioner may cause the same to be administered by a
216licensed nurse or an intern practitioner under his or her
217direction and supervision only. A veterinarian may so prescribe,
218administer, dispense, mix, or prepare a controlled substance for
219use on animals only, and may cause it to be administered by an
220assistant or orderly under the veterinarian's direction and
221supervision only. An optometrist certified pursuant to chapter
222463 to administer and prescribe topical and oral ocular
223pharmaceutical agents may not administer or prescribe any
224controlled substance listed on Schedule I or Schedule II of s.
225893.03.
226     Section 8.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.