HB 261

1
A bill to be entitled
2An act relating to eye health care; amending s.
3463.002, F.S.; conforming provisions to changes made
4by the act; amending s. 463.005, F.S.; authorizing the
5Board of Optometry to adopt rules for the
6administration and prescription of ocular
7pharmaceutical agents; amending s. 463.0055, F.S.;
8authorizing certified optometrists to administer and
9prescribe ocular pharmaceutical agents under certain
10circumstances; revising qualifications of certain
11members of the formulary committee; amending ss.
12463.0057 and 463.006, F.S.; conforming provisions to
13changes made by the act; amending s. 483.035, F.S.,
14relating to licensure and regulation of clinical
15laboratories operated by practitioners for exclusive
16use; providing applicability to clinical laboratories
17operated by practitioners licensed to practice
18optometry; amending s. 483.041, F.S.; revising the
19definition of "licensed practitioner" to include a
20practitioner licensed under ch. 463, F.S.; amending s.
21483.181, F.S.; requiring clinical laboratories to
22accept human specimens submitted by practitioners
23licensed to practice under ch. 463, F.S.; amending s.
24893.02, F.S.; revising the definition of
25"practitioner" to include certified optometrists for
26purposes of the Florida Comprehensive Drug Abuse
27Prevention and Control Act; amending s. 893.05, F.S.;
28prohibiting certified optometrists from administering
29and prescribing certain controlled substances;
30providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Subsections (3), (4), and (5) of section
35463.002, Florida Statutes, are amended to read:
36     463.002  Definitions.-As used in this chapter, the term:
37     (3)(a)  "Licensed practitioner" means a person who is a
38primary health care provider licensed to engage in the practice
39of optometry under the authority of this chapter.
40     (b)  A licensed practitioner who is not a certified
41optometrist shall be required to display at her or his place of
42practice a sign which states, "I am a Licensed Practitioner, not
43a Certified Optometrist, and I am not able to prescribe topical
44ocular pharmaceutical agents."
45     (c)  All practitioners initially licensed after July 1,
461993, must be certified optometrists.
47     (4)  "Certified optometrist" means a licensed practitioner
48authorized by the board to administer and prescribe topical
49ocular pharmaceutical agents.
50     (5)  "Optometry" means the diagnosis of conditions of the
51human eye and its appendages; the employment of any objective or
52subjective means or methods, including the administration of
53topical ocular pharmaceutical agents, for the purpose of
54determining the refractive powers of the human eyes, or any
55visual, muscular, neurological, or anatomic anomalies of the
56human eyes and their appendages; and the prescribing and
57employment of lenses, prisms, frames, mountings, contact lenses,
58orthoptic exercises, light frequencies, and any other means or
59methods, including topical ocular pharmaceutical agents, for the
60correction, remedy, or relief of any insufficiencies or abnormal
61conditions of the human eyes and their appendages.
62     Section 2.  Paragraph (g) of subsection (1) of section
63463.005, Florida Statutes, is amended to read:
64     463.005  Authority of the board.-
65     (1)  The Board of Optometry has authority to adopt rules
66pursuant to ss. 120.536(1) and 120.54 to implement the
67provisions of this chapter conferring duties upon it. Such rules
68shall include, but not be limited to, rules relating to:
69     (g)  Administration and prescription of topical ocular
70pharmaceutical agents.
71     Section 3.  Section 463.0055, Florida Statutes, is amended
72to read:
73     463.0055  Administration and prescription of topical ocular
74pharmaceutical agents; committee.-
75     (1)  Certified optometrists may administer and prescribe
76topical ocular pharmaceutical agents as provided in this section
77for the diagnosis and treatment of ocular conditions of the
78human eye and its appendages without the use of surgery or other
79invasive techniques. However, a licensed practitioner who is not
80certified may use topically applied anesthetics solely for the
81purpose of glaucoma examinations, but is otherwise prohibited
82from administering or prescribing topical ocular pharmaceutical
83agents.
84     (2)(a)  There is hereby created a committee composed of two
85certified optometrists licensed pursuant to this chapter,
86appointed by the Board of Optometry, two board-certified
87ophthalmologists licensed pursuant to chapter 458 or chapter
88459, appointed by the Board of Medicine, and one additional
89person with a doctorate degree in pharmacology who is not
90licensed pursuant to chapter 458, chapter 459, or this chapter,
91appointed by the State Surgeon General. The committee shall
92review requests for additions to, deletions from, or
93modifications of a formulary of topical ocular pharmaceutical
94agents for administration and prescription by certified
95optometrists and shall provide to the board advisory opinions
96and recommendations on such requests. The formulary shall
97consist of those topical ocular pharmaceutical agents which the
98certified optometrist is qualified to use in the practice of
99optometry. The board shall establish, add to, delete from, or
100modify the formulary by rule. Notwithstanding any provision of
101chapter 120 to the contrary, the formulary rule shall become
102effective 60 days from the date it is filed with the Secretary
103of State.
104     (b)  The formulary may be added to, deleted from, or
105modified according to the procedure described in paragraph (a).
106Any person who requests an addition, deletion, or modification
107of an authorized topical ocular pharmaceutical agent shall have
108the burden of proof to show cause why such addition, deletion,
109or modification should be made.
110     (c)  The State Surgeon General shall have standing to
111challenge any rule or proposed rule of the board pursuant to s.
112120.56. In addition to challenges for any invalid exercise of
113delegated legislative authority, the administrative law judge,
114upon such a challenge by the State Surgeon General, may declare
115all or part of a rule or proposed rule invalid if it:
116     1.  Does not protect the public from any significant and
117discernible harm or damages;
118     2.  Unreasonably restricts competition or the availability
119of professional services in the state or in a significant part
120of the state; or
121     3.  Unnecessarily increases the cost of professional
122services without a corresponding or equivalent public benefit.
123
124However, there shall not be created a presumption of the
125existence of any of the conditions cited in this subsection in
126the event that the rule or proposed rule is challenged.
127     (d)  Upon adoption of the formulary required by this
128section, and upon each addition, deletion, or modification to
129the formulary, the board shall mail a copy of the amended
130formulary to each certified optometrist and to each pharmacy
131licensed by the state.
132     (3)  A certified optometrist shall be issued a prescriber
133number by the board. Any prescription written by a certified
134optometrist for a topical ocular pharmaceutical agent pursuant
135to this section shall have the prescriber number printed
136thereon.
137     Section 4.  Subsection (3) of section 463.0057, Florida
138Statutes, is amended to read:
139     463.0057  Optometric faculty certificate.-
140     (3)  The holder of a faculty certificate may engage in the
141practice of optometry as permitted by this section, but may not
142administer or prescribe topical ocular pharmaceutical agents
143unless the certificateholder has satisfied the requirements of
144s. 463.006(1)(b)4. and 5.
145     Section 5.  Subsections (2) and (3) of section 463.006,
146Florida Statutes, are amended to read:
147     463.006  Licensure and certification by examination.-
148     (2)  The examination shall consist of the appropriate
149subjects, including applicable state laws and rules and general
150and ocular pharmacology with emphasis on the use topical
151application and side effects of ocular pharmaceutical agents.
152The board may by rule substitute a national examination as part
153or all of the examination and may by rule offer a practical
154examination in addition to the written examination.
155     (3)  Each applicant who successfully passes the examination
156and otherwise meets the requirements of this chapter is entitled
157to be licensed as a practitioner and to be certified to
158administer and prescribe topical ocular pharmaceutical agents in
159the diagnosis and treatment of ocular conditions.
160     Section 6.  Subsection (1) of section 483.035, Florida
161Statutes, is amended to read:
162     483.035  Clinical laboratories operated by practitioners
163for exclusive use; licensure and regulation.-
164     (1)  A clinical laboratory operated by one or more
165practitioners licensed under chapter 458, chapter 459, chapter
166460, chapter 461, chapter 462, chapter 463, or chapter 466,
167exclusively in connection with the diagnosis and treatment of
168their own patients, must be licensed under this part and must
169comply with the provisions of this part, except that the agency
170shall adopt rules for staffing, for personnel, including
171education and training of personnel, for proficiency testing,
172and for construction standards relating to the licensure and
173operation of the laboratory based upon and not exceeding the
174same standards contained in the federal Clinical Laboratory
175Improvement Amendments of 1988 and the federal regulations
176adopted thereunder.
177     Section 7.  Subsection (7) of section 483.041, Florida
178Statutes, is amended to read:
179     483.041  Definitions.-As used in this part, the term:
180     (7)  "Licensed practitioner" means a physician licensed
181under chapter 458, chapter 459, chapter 460, or chapter 461, or
182chapter 463; a dentist licensed under chapter 466; a person
183licensed under chapter 462; or an advanced registered nurse
184practitioner licensed under part I of chapter 464; or a duly
185licensed practitioner from another state licensed under similar
186statutes who orders examinations on materials or specimens for
187nonresidents of the State of Florida, but who reside in the same
188state as the requesting licensed practitioner.
189     Section 8.  Subsection (5) of section 483.181, Florida
190Statutes, is amended to read:
191     483.181  Acceptance, collection, identification, and
192examination of specimens.-
193     (5)  A clinical laboratory licensed under this part must
194accept a human specimen submitted for examination by a
195practitioner licensed under chapter 458, chapter 459, chapter
196460, chapter 461, chapter 462, chapter 463, s. 464.012, or
197chapter 466, if the specimen and test are the type performed by
198the clinical laboratory. A clinical laboratory may only refuse a
199specimen based upon a history of nonpayment for services by the
200practitioner. A clinical laboratory shall not charge different
201prices for tests based upon the chapter under which a
202practitioner submitting a specimen for testing is licensed.
203     Section 9.  Subsection (21) of section 893.02, Florida
204Statutes, is amended to read:
205     893.02  Definitions.-The following words and phrases as
206used in this chapter shall have the following meanings, unless
207the context otherwise requires:
208     (21)  "Practitioner" means a physician licensed pursuant to
209chapter 458, a dentist licensed pursuant to chapter 466, a
210veterinarian licensed pursuant to chapter 474, an osteopathic
211physician licensed pursuant to chapter 459, a naturopath
212licensed pursuant to chapter 462, an optometrist certified
213pursuant to chapter 463 to administer and prescribe ocular
214pharmaceutical agents, or a podiatric physician licensed
215pursuant to chapter 461, provided such practitioner holds a
216valid federal controlled substance registry number.
217     Section 10.  Subsection (1) of section 893.05, Florida
218Statutes, is amended to read:
219     893.05  Practitioners and persons administering controlled
220substances in their absence.-
221     (1)  A practitioner, in good faith and in the course of his
222or her professional practice only, may prescribe, administer,
223dispense, mix, or otherwise prepare a controlled substance, or
224the practitioner may cause the same to be administered by a
225licensed nurse or an intern practitioner under his or her
226direction and supervision only, except that an optometrist
227certified pursuant to chapter 463 to administer and prescribe
228ocular pharmaceutical agents may not administer or prescribe any
229controlled substance listed on Schedule I or Schedule II of s.
230893.03. A veterinarian may so prescribe, administer, dispense,
231mix, or prepare a controlled substance for use on animals only,
232and may cause it to be administered by an assistant or orderly
233under the veterinarian's direction and supervision only.
234     Section 11.  This act shall take effect July 1, 2012.


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