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
    1         Senate Amendment (with title amendment)
    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 prescribe topical
   15  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 prescribe topical
   20  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
   24  topical ocular pharmaceutical 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, including topical ocular pharmaceutical 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 of topical ocular
   41  pharmaceutical agents.
   42         Section 9. Section 463.0055, Florida Statutes, is amended
   43  to read:
   44         463.0055 Administration and prescription of topical ocular
   45  pharmaceutical agents; committee.—
   46         (1) Certified optometrists may administer and prescribe
   47  topical ocular pharmaceutical 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 prescribing topical ocular pharmaceutical
   54  agents.
   55         (2)(a) There is hereby created 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 of topical ocular 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 authorized topical ocular 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.
  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 an a topical ocular 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 prescribe topical ocular 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 the topical application
  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 prescribe topical ocular pharmaceutical 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.
  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