Title: Eye Health Care

Summary: Authorizes Board of Optometry to adopt rules for administration & prescription of ocular pharmaceutical agents; authorizes certified optometrists to administer & prescribe ocular pharmaceutical agents; revises qualifications of certain members of formulary committee; revises provisions relating to licensure & regulation of clinical laboratories operated by practitioners for exclusive use; provides applicability to clinical laboratories operated by practitioners licensed to practice optometry; revises definition of "licensed practitioner" to include practitioner licensed under ch. 463, F.S.; requires clinical laboratories to accept human specimens submitted by practitioners licensed under ch. 463, F.S.; revises definition of "practitioner" to include certified optometrist for purposes of Florida Comprehensive Drug Abuse Prevention & Control Act; prohibits certified optometrists from administering & prescribing certain controlled substances.

Full Text:
An act relating to eye health care; amending s. 463.002, F.S.; conforming provisions to changes made by the act; amending s. 463.005, F.S.; authorizing the Board of Optometry to adopt rules for the administration and prescription of ocular pharmaceutical agents; amending s. 463.0055, F.S.; authorizing certified optometrists to administer and prescribe ocular pharmaceutical agents under certain circumstances; revising qualifications of certain members of the formulary committee; amending ss. 463.0057 and 463.006, F.S.; conforming provisions to changes made by the act; amending s. 483.035, F.S., relating to licensure and regulation of clinical laboratories operated by practitioners for exclusive use; providing applicability to clinical laboratories operated by practitioners licensed to practice optometry; amending s. 483.041, F.S.; revising the definition of "licensed practitioner" to include a practitioner licensed under ch. 463, F.S.; amending s. 483.181, F.S.; requiring clinical laboratories to accept human specimens submitted by practitioners licensed to practice under ch. 463, F.S.; amending s. 893.02, F.S.; revising the definition of "practitioner" to include certified optometrists for purposes of the Florida Comprehensive Drug Abuse Prevention and Control Act; amending s. 893.05, F.S.; prohibiting certified optometrists from administering and prescribing certain controlled substances; providing an effective date. 32 Be It Enacted by the Legislature of the State of Florida: 34 Section 1. Subsections (3), (4), and (5) of section 463.002, Florida Statutes, are amended to read: 463.002 Definitions.-As used in this chapter, the term: (3)(a) "Licensed practitioner" means a person who is a primary health care provider licensed to engage in the practice of optometry under the authority of this chapter. (b) A licensed practitioner who is not a certified optometrist shall be required to display at her or his place of practice a sign which states, "I am a Licensed Practitioner, not a Certified Optometrist, and I am not able to prescribe topical ocular pharmaceutical agents." (c) All practitioners initially licensed after July 1, 1993, must be certified optometrists. (4) "Certified optometrist" means a licensed practitioner authorized by the board to administer and prescribe topical ocular pharmaceutical agents. (5) "Optometry" means the diagnosis of conditions of the human eye and its appendages; the employment of any objective or subjective means or methods, including the administration of topical ocular pharmaceutical agents, for the purpose of determining the refractive powers of the human eyes, or any visual, muscular, neurological, or anatomic anomalies of the human eyes and their appendages; and the prescribing and employment of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises, light frequencies, and any other means or methods, including topical ocular pharmaceutical agents, for the correction, remedy, or relief of any insufficiencies or abnormal conditions of the human eyes and their appendages. Section 2. Paragraph (g) of subsection (1) of section 463.005, Florida Statutes, is amended to read: 463.005 Authority of the board.-(1) The Board of Optometry has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it. Such rules shall include, but not be limited to, rules relating to: (g) Administration and prescription of topical ocular pharmaceutical agents. Section 3. Section 463.0055, Florida Statutes, is amended to read: 463.0055 Administration and prescription of topical ocular pharmaceutical agents; committee.-(1) Certified optometrists may administer and prescribe topical ocular pharmaceutical agents as provided in this section for the diagnosis and treatment of ocular conditions of the human eye and its appendages without the use of surgery or other invasive techniques. However, a licensed practitioner who is not certified may use topically applied anesthetics solely for the purpose of glaucoma examinations,but is otherwise prohibited from administering or prescribing topical ocular pharmaceutical agents. (2)(a) There is hereby created a committee composed of two certified optometrists licensed pursuant to this chapter, appointed by the Board of Optometry, two board-certified ophthalmologists licensed pursuant to chapter or chapter 459, appointed by the Board of Medicine, and one additional person with a doctorate degree in pharmacology who is not licensed pursuant to chapter 458, chapter 459, or this chapter, appointed by the State Surgeon General. The committee shall review requests for additions to, deletions from, or modifications of a formulary of topical ocular pharmaceutical agents for administration and prescription by certified optometrists and shall provide to the board advisory opinions and recommendations on such requests. The formulary shall consist of those topical ocular pharmaceutical agents which the certified optometrist is qualified to use in the practice of optometry. The board shall establish, add to, delete from, or modify the formulary by rule. Notwithstanding any provision of chapter to the contrary, the formulary rule shall become effective days from the date it is filed with the Secretary of State. (b) The formulary may be added to, deleted from, or modified according to the procedure described in paragraph (a). Any person who requests an addition, deletion, or modification of an authorized topical ocular pharmaceutical agent shall have the burden of proof to show cause why such addition, deletion, or modification should be made. (c) The State Surgeon General shall have standing to challenge any rule or proposed rule of the board pursuant to s. 120.56. In addition to challenges for any invalid exercise of delegated legislative authority, the administrative law judge, upon such a challenge by the State Surgeon General, may declare all or part of a rule or proposed rule invalid if it: 1. Does not protect the public from any significant and discernible harm or damages; 2. Unreasonably restricts competition or the availability of professional services in the state or in a significant part of the state; or 3. Unnecessarily increases the cost of professional services without a corresponding or equivalent public benefit. 124 However, there shall not be created a presumption of the existence of any of the conditions cited in this subsection in the event that the rule or proposed rule is challenged. (d) Upon adoption of the formulary required by this section, and upon each addition, deletion, or modification to the formulary, the board shall mail a copy of the amended formulary to each certified optometrist and to each pharmacy licensed by the state. (3) A certified optometrist shall be issued a prescriber number by the board. Any prescription written by a certified optometrist for a topical ocular pharmaceutical agent pursuant to this section shall have the prescriber number printed thereon. Section 4. Subsection (3) of section 463.0057, Florida Statutes, is amended to read: 463.0057 Optometric faculty certificate.-(3) The holder of a faculty certificate may engage in the practice of optometry as permitted by this section,but may not administer or prescribe topical ocular pharmaceutical agents unless the certificateholder has satisfied the requirements of s. 463.006(1)(b)4. and 5. Section 5. Subsections (2) and (3) of section 463.006, Florida Statutes, are amended to read: 463.006 Licensure and certification by examination.-(2) The examination shall consist of the appropriate subjects, including applicable state laws and rules and general and ocular pharmacology with emphasis on the use topical application and side effects of ocular pharmaceutical agents. The board may by rule substitute a national examination as part or all of the examination and may by rule offer a practical examination in addition to the written examination. (3) Each applicant who successfully passes the examination and otherwise meets the requirements of this chapter is entitled to be licensed as a practitioner and to be certified to administer and prescribe topical ocular pharmaceutical agents in the diagnosis and treatment of ocular conditions. Section 6. Subsection (1) of section 483.035, Florida Statutes, is amended to read: 483.035 Clinical laboratories operated by practitioners for exclusive use; licensure and regulation.-(1) A clinical laboratory operated by one or more practitioners licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, or chapter 466, exclusively in connection with the diagnosis and treatment of their own patients, must be licensed under this part and must comply with the provisions of this part, except that the agency shall adopt rules for staffing, for personnel, including education and training of personnel, for proficiency testing, and for construction standards relating to the licensure and operation of the laboratory based upon and not exceeding the same standards contained in the federal Clinical Laboratory Improvement Amendments of 1988 and the federal regulations adopted thereunder. Section 7. Subsection (7) of section 483.041, Florida Statutes, is amended to read: 483.041 Definitions.-As used in this part, the term: (7) "Licensed practitioner" means a physician licensed under chapter 458, chapter 459, chapter 460, or chapter,or chapter;a dentist licensed under chapter 466; a person licensed under chapter 462; or an advanced registered nurse practitioner licensed under part I of chapter 464; or a duly licensed practitioner from another state licensed under similar statutes who orders examinations on materials or specimens for nonresidents of the State of Florida, but who reside in the same state as the requesting licensed practitioner. Section 8. Subsection (5) of section 483.181, Florida Statutes, is amended to read: 483.181 Acceptance, collection, identification, and examination of specimens.-(5) A clinical laboratory licensed under this part must accept a human specimen submitted for examination by a practitioner licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, s. 464.012, or chapter 466, if the specimen and test are the type performed by the clinical laboratory. A clinical laboratory may only refuse a specimen based upon a history of nonpayment for services by the practitioner. A clinical laboratory shall not charge different prices for tests based upon the chapter under which a practitioner submitting a specimen for testing is licensed. Section 9. Subsection (21) of section 893.02, Florida Statutes, is amended to read: 893.02 Definitions.-The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires: (21) "Practitioner" means a physician licensed pursuant to chapter 458, a dentist licensed pursuant to chapter 466, a veterinarian licensed pursuant to chapter 474, an osteopathic physician licensed pursuant to chapter 459, a naturopath licensed pursuant to chapter 462, an optometrist certified pursuant to chapter to administer and prescribe ocular pharmaceutical agents, or a podiatric physician licensed pursuant to chapter 461, provided such practitioner holds a valid federal controlled substance registry number. Section 10. Subsection (1) of section 893.05, Florida Statutes, is amended to read: 893.05 Practitioners and persons administering controlled substances in their absence.-(1) A practitioner, in good faith and in the course of his or her professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance, or the practitioner may cause the same to be administered by a licensed nurse or an intern practitioner under his or her direction and supervision only,except that an optometrist certified pursuant to chapter to administer and prescribe ocular pharmaceutical agents may not administer or prescribe any controlled substance listed on Schedule I or Schedule II of s. 893.03.A veterinarian may so prescribe, administer, dispense, mix, or prepare a controlled substance for use on animals only,and may cause it to be administered by an assistant or orderly under the veterinarian's direction and supervision only. Section 11. This act shall take effect July 1, 2012.