Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 1892 Barcode 260168 LEGISLATIVE ACTION Senate . House Comm: FAV . 04/13/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Regulation (Bennett) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 241 and 242 4 insert: 5 Section 7. Subsections (3), (4), and (5) of section 6 463.002, Florida Statutes, are amended to read: 7 463.002 Definitions.—As used in this chapter, the term: 8 (3)(a) “Licensed practitioner” means a person who is a 9 primary health care provider licensed to engage in the practice 10 of optometry under the authority of this chapter. 11 (b) A licensed practitioner who is not a certified 12 optometrist shall be required to display at her or his place of 13 practice a sign which states, “I am a Licensed Practitioner, not 14 a Certified Optometrist, and I am not able to prescribetopical15 ocular pharmaceutical agents.” 16 (c) All practitioners initially licensed after July 1, 17 1993, must be certified optometrists. 18 (4) “Certified optometrist” means a licensed practitioner 19 authorized by the board to administer and prescribetopical20 ocular pharmaceutical agents. 21 (5) “Optometry” means the diagnosis of conditions of the 22 human eye and its appendages; the employment of any objective or 23 subjective means or methods, including the administration of 24topical ocularpharmaceutical agents, for the purpose of 25 determining the refractive powers of the human eyes, or any 26 visual, muscular, neurological, or anatomic anomalies of the 27 human eyes and their appendages; and the prescribing and 28 employment of lenses, prisms, frames, mountings, contact lenses, 29 orthoptic exercises, light frequencies, and any other means or 30 methods, includingtopical ocularpharmaceutical agents, for the 31 correction, remedy, or relief of any insufficiencies or abnormal 32 conditions of the human eyes and their appendages. 33 Section 8. Paragraph (g) of subsection (1) of section 34 463.005, Florida Statutes, is amended to read: 35 463.005 Authority of the board.— 36 (1) The Board of Optometry has authority to adopt rules 37 pursuant to ss. 120.536(1) and 120.54 to implement the 38 provisions of this chapter conferring duties upon it. Such rules 39 shall include, but not be limited to, rules relating to: 40 (g) Administration and prescription oftopicalocular 41 pharmaceutical agents. 42 Section 9. Section 463.0055, Florida Statutes, is amended 43 to read: 44 463.0055 Administration and prescription oftopicalocular 45 pharmaceutical agents; committee.— 46 (1) Certified optometrists may administer and prescribe 47topical ocularpharmaceutical agents as provided in this section 48 for the diagnosis and treatment of ocular conditions of the 49 human eye and its appendages without the use of surgery or other 50 invasive techniques. However, a licensed practitioner who is not 51 certified may use topically applied anesthetics solely for the 52 purpose of glaucoma examinations, but is otherwise prohibited 53 from administering or prescribingtopicalocular pharmaceutical 54 agents. 55 (2)(a) There isherebycreated a committee composed of two 56 certified optometrists licensed pursuant to this chapter, 57 appointed by the Board of Optometry, two board-certified 58 ophthalmologists licensed pursuant to chapter 458 or chapter 59 459, appointed by the Board of Medicine, and one additional 60 person with a doctorate degree in pharmacology who is not 61 licensed pursuant to chapter 458, chapter 459, or this chapter, 62 appointed by the State Surgeon General. The committee shall 63 review requests for additions to, deletions from, or 64 modifications of a formulary oftopicalocular pharmaceutical 65 agents for administration and prescription by certified 66 optometrists and shall provide to the board advisory opinions 67 and recommendations on such requests. With regard to the 68 administration and prescription of oral pharmaceutical agents by 69 a certified optometrist for the diagnosis and treatment of 70 diseases or conditions of the human eye and its appendages, the 71 board shall be bound by the committee’s recommendation on the 72 duration of a certified optometrist’s use of specific oral 73 analgesic agents. The formulary shall consist of those topical 74 ocular pharmaceutical agents which the certified optometrist is 75 qualified to use in the practice of optometry. The board shall 76 establish, add to, delete from, or modify the formulary by rule. 77 Notwithstanding any provision of chapter 120 to the contrary, 78 the formulary rule shall become effective 60 days from the date 79 it is filed with the Secretary of State. 80 (b) The formulary may be added to, deleted from, or 81 modified according to the procedure described in paragraph (a). 82 Any person who requests an addition, deletion, or modification 83 of an authorizedtopicalocular pharmaceutical agent shall have 84 the burden of proof to show cause why such addition, deletion, 85 or modification should be made. 86 (c) The State Surgeon General shall have standing to 87 challenge any rule or proposed rule of the board pursuant to s. 88 120.56. In addition to challenges for any invalid exercise of 89 delegated legislative authority, the administrative law judge, 90 upon such a challenge by the State Surgeon General, may declare 91 all or part of a rule or proposed rule invalid if it: 92 1. Does not protect the public from any significant and 93 discernible harm or damages; 94 2. Unreasonably restricts competition or the availability 95 of professional services in the state or in a significant part 96 of the state; or 97 3. Unnecessarily increases the cost of professional 98 services without a corresponding or equivalent public benefit. 99 100 However, there shall not be created a presumption of the 101 existence of any of the conditions cited in this subsection in 102 the event that the rule or proposed rule is challenged. 103 (d) Upon adoption of the formulary required by this 104 section, and upon each addition, deletion, or modification to 105 the formulary, the board shall mail a copy of the amended 106 formulary to each certified optometrist and to each pharmacy 107 licensed by the state. 108 (3) A certified optometrist shall be issued a prescriber 109 number by the board. Any prescription written by a certified 110 optometrist for ana topicalocular pharmaceutical agent 111 pursuant to this section shall have the prescriber number 112 printed thereon. 113 Section 10. Subsection (3) of section 463.0057, Florida 114 Statutes, is amended to read: 115 463.0057 Optometric faculty certificate.— 116 (3) The holder of a faculty certificate may engage in the 117 practice of optometry as permitted by this section, but may not 118 administer or prescribetopicalocular pharmaceutical agents 119 unless the certificateholder has satisfied the requirements of 120 s. 463.006(1)(b)4. and 5. 121 Section 11. Subsections (2) and (3) of section 463.006, 122 Florida Statutes, are amended to read: 123 463.006 Licensure and certification by examination.— 124 (2) The examination shall consist of the appropriate 125 subjects, including applicable state laws and rules and general 126 and ocular pharmacology with emphasis on thetopicalapplication 127 and side effects of ocular pharmaceutical agents. The board may 128 by rule substitute a national examination as part or all of the 129 examination and may by rule offer a practical examination in 130 addition to the written examination. 131 (3) Each applicant who successfully passes the examination 132 and otherwise meets the requirements of this chapter is entitled 133 to be licensed as a practitioner and to be certified to 134 administer and prescribetopical ocularpharmaceutical agents in 135 the diagnosis and treatment of ocular conditions. 136 Section 12. Subsection (20) of section 893.02, Florida 137 Statutes, is amended to read: 138 893.02 Definitions.—The following words and phrases as used 139 in this chapter shall have the following meanings, unless the 140 context otherwise requires: 141 (20) “Practitioner” means a physician licensed pursuant to 142 chapter 458, a dentist licensed pursuant to chapter 466, a 143 veterinarian licensed pursuant to chapter 474, an osteopathic 144 physician licensed pursuant to chapter 459, a naturopath 145 licensed pursuant to chapter 462, a certified optometrist 146 licensed pursuant to chapter 463, or a podiatric physician 147 licensed pursuant to chapter 461, provided such practitioner 148 holds a valid federal controlled substance registry number. 149 Section 13. Subsection (1) of section 893.05, Florida 150 Statutes, is amended to read: 151 893.05 Practitioners and persons administering controlled 152 substances in their absence.— 153 (1) A practitioner, in good faith and in the course of his 154 or her professional practice only, may prescribe, administer, 155 dispense, mix, or otherwise prepare a controlled substance, or 156 the practitioner may cause the same to be administered by a 157 licensed nurse or an intern practitioner under his or her 158 direction and supervision only. A veterinarian may so prescribe, 159 administer, dispense, mix, or prepare a controlled substance for 160 use on animals only, and may cause it to be administered by an 161 assistant or orderly under the veterinarian’s direction and 162 supervision only. A certified optometrist licensed under chapter 163 463 may not administer or prescribe pharmaceutical agents in 164 Schedule I or Schedule II of the Florida Comprehensive Drug 165 Abuse Prevention and Control Act. 166 167 ================= T I T L E A M E N D M E N T ================ 168 And the title is amended as follows: 169 Delete line 27 170 and insert: 171 executed; amending s. 463.002, F.S.; redefining the 172 terms “licensed practitioner,” “certified 173 optometrist,” and “optometry” within the practice of 174 optometry; amending s. 463.005, F.S.; authorizing the 175 Board of Optometry to adopt rules pertaining to the 176 administration and prescription of ocular 177 pharmaceutical agents; amending s. 463.0055, F.S.; 178 expanding the type of pharmaceuticals that are 179 prescribed and administered; requiring the 180 optometrists who are members of a committee appointed 181 by the Board of Optometry to be certified; requiring 182 the committee to review requests for modifications of 183 a formulary of ocular pharmaceutical agents; requiring 184 the board to be bound by the committee’s 185 recommendation on the duration of a certified 186 optometrist’s use of specific oral analgesic agents; 187 conforming terminology to changes made by the act; 188 amending ss. 463.0057 and 463.006, F.S.; specifying 189 certain persons who may or may not prescribe or 190 administer any ocular pharmaceutical agents; amending 191 s. 893.02, F.S.; redefining the term “practitioner” as 192 it relates to the Florida Comprehensive Drug Abuse 193 Prevention and Control Act; amending s. 893.05, F.S.; 194 prohibiting a certified optometrist from administering 195 or prescribing certain pharmaceutical agents; amending 196 s. 464.012, F.S.; expanding the