Bill Text: DE SB143 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 24 Of The Delaware Code Relating To Profession And Occupation Of Optometry.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2016-06-28 - SS 1 for SB 143 - Passed by House of Representatives. Votes: Passed 38 YES 0 NO 0 NOT VOTING 3 ABSENT 0 VACANT [SB143 Detail]
Download: Delaware-2015-SB143-Draft.html
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SPONSOR: |
Sen. Bushweller & Rep. Viola & Rep. Miro |
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Sens. Hocker, Lavelle, Lopez, McBride, Peterson; Reps. Lynn, Paradee, Ramone, Smyk, K. Williams |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE BILL NO. 143 |
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AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSION AND OCCUPATION OF OPTOMETRY. |
Section 1.Amend Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Chapter 21 Optometry
§2101 Definition of practice of optometry.
(a) The "practice of optometry" is a learned profession
and the same privileges, powers and duties shall attach thereto as the other
learned professions. For purpose of this chapter, the "practice of
optometry" is defined as the examination, measurement (by subjective or
objective means), diagnosis, treatment and prevention of conditions of the
human eye, lid, adnexa and visual system. The "practice of optometry"
includes but is not limited to the adapting and fitting of all types of lenses
or devices, including the dispensing of contact lenses which must be dispensed
in accordance with a written, current contact lens prescription from a licensed
physician or optometrist, which includes such information as the Board shall
specify by rule or regulation. The practice of optometry also includes the
determination of refractive error and/or visual, muscular, or anatomical
anomalies of the eye; the use of prescription of pharmaceutical agents for the
diagnosis and treatment of ocular disease; the removal of superficial foreign
bodies from the human eye and its appendages (appendages shall include cornea,
conjuctiva lid, adnexa or lacrimal system); and the providing of vision,
developmental and perceptual therapy, and shall include the utilization of any
method or means which the optometrist is educationally qualified to provide as
established by the Delaware State Board of Examiners in Optometry; provided
that the "practice of optometry" does not include surgery or the use
of narcotics, or therapeutic lasers.
(a) The "practice of optometry" is defined as the examination, or measurement by any subjective or objective means including automated or testing devices for the diagnosis, treatment and prevention of conditions of the human eye, lid, adnexa and visual system.
(1) The "practice of optometry" includes but is not limited to:
a.Use, adapting and fitting of all types of lenses or devices;
b.Dispensing of any type of contact lenses which that must be dispensed in accordance with a written, current contact lens prescription from a licensed physician or optometrist, which includes such information as the Board shall specify by rule or regulation;
c.. Determination of refractive error and/or visual, muscular, or anatomical anomalies of the eye
d. Provision or prescription of vision therapy, low vision rehabilitation, developmental and perceptual therapy.
(2) A license to practice optometry shall include the utilization of any method or means which the optometrist is educationally qualified to provide as established by the Delaware State Board of Examiners in Optometry as it relates to procedures:
a. Excludes performance of minor procedures to the eye and adnexa that would require the use of injectable or general anesthesia, moderate sedation, penetration of the globe, suture closure;
b. Includes performance of minor procedures to the eye and adnexa that would not require the use of injectable or general anesthesia, moderate sedation, penetration of the globe;
c. Prohibitsthe use of ophthalmic lasers for the purpose of ophthalmic surgery with or upon the globe;
d. Prohibits the removal of pterygia and Salzmann's nodules;
e. Prohibits incisional corneal refractive surgery.
(3)The practice of optometry as it relates to pharmaceutical agents:
a. Includes the use of pharmaceutical agents for the diagnosis and treatment of diseases, disorders, and conditions of the eye and adnexa based on the licensing requirement that satisfies the requirement for graduate level coursework that includes general and ocular pharmacology as follows:
1. prescription for controlled substances:
A. with a limitation on maximum 72 hour supply Schedule II controlled substances containing Hydrocodone,and;
B. with a limitation on maximum 72 hour supply of Schedules III, IV & V controlled substances ;
2. prescription for the use of an oral steroid with a limitation not to
exceed a single dose pack
b. Includes the use of an epinephrine auto-injector to counteract anaphylaxis,
c. Excludes prescription for oral immuno-suppressives except for the use of oral
steroids reference 7(b);
d. Excludes the prescription of oral antifungals;
e. Excludes the prescription of oral antimetabolites;
f. Excludes the prescription of any substance delivered intravenously or by injection;
g.Excludesany medication used solely for the treatment of systemic conditions
outside the scope of an optometrist.
(b) For purposes of this chapter, the diagnostically certified optometrists applies only to those currently licensed in the category and if that license lapses, the licensee could only re-license by meeting current licensing requirements in Section 2107. The duties of a non-diagnostically certified optometrist are limited to those that do not utilize therapeutic pharmaceutical agents or perform procedures that require subsequent treatment with therapeutic pharmaceutical agents.
b) For purposes of this chapter, the
classifications of the "practice of optometry" shall be defined as:
(1) Nondiagnostically certified
optometrist shall be permitted to practice optometry as defined in subsection
(a) of this section. However, a nondiagnostically certified optometrist may not
utilize any diagnostic or therapeutic pharmaceutical agent or remove
superficial foreign bodies from the eye and its appendages.
(2) Diagnostically certified
optometrists shall be permitted or perform the duties of a nondiagnostically
certified optometrist. In addition, a diagnostically certified optometrist may
use the following drug groups:
a. Topical anesthetics.
b. Mydriatics.
c. Cycloplegics.
d. Miotics.
(3) Therapeutically certified
optometrists shall be permitted to perform the duties of a diagnostically
certified optometrist. In addition, a therapeutically certified optometrist may
use and/or prescribe the following pharmaceutical agents for the treatment of
ocular diseases and conditions:
a. Topical and oral administration:
1. Antihistamines and decongestants.
2. Antiglaucoma.
3. Analgesics (noncontrolled).
4. Antibiotics.
b. Topical administration only:
1. Autonomics.
2. Anesthetics.
3. Anti-infectives, including
antivirals and antiparasitics.
4. Anti-inflammatories.
(c) In administering this chapter, the State Board shall, by rule or regulation, specify those acts, services, procedures and practices which constitute the "practice of optometry" within the definitions of this section and consistent with having submitted proof of graduate level coursework that includes general and ocular pharmacology.
§2102. Board of Examiners in Optometry; appointment; qualifications; terms of office; vacancies; suspension or removal; unexcused absences; compensation.
(b) The Board shall consist
of 5 members appointed by the Governor, who are residents of this State: 3 therapeutically
certified duly licensed optometrists engaged in the actual practice
of optometry and 2 public members. However, any current Board member who is
not therapeutically certified as of June 30, 1994, shall serve out the
remainder of the term. Said public members: Shall not be or ever have been
licensed as an optometrist, ophthalmologist or optician; shall not be a member
of the immediate family of an optometrist, ophthalmologist or optician; shall
not have been employed by an optometrist, ophthalmologist or optician; shall
not have had a material financial interest in the providing of goods and
services to those licensed in this chapter; shall not have been engaged in any
activity directly related to optometry; and shall not have been licensed in any
health-related field or be licensed to practice law.
§2107. Qualifications of applicant; report to Attorney General; judicial review.
(a) An applicant who is applying for licensure as an optometrist under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:
(2) Has achieved the
passing score on a nationally recognized, written, standardized examination in
optometry, that includes diagnosis, treatment and management of
ocular disease, approved by the Division of Professional Regulation;.
The examination in this section must be administered at least once each year.in
addition all applicants must pass a nationally recognized standardized test on
diagnosis, treatment and management of ocular disease approved by the Division.
(3) Has completed a 6-month internship in optometry, which shall
be approved by the Board; the Board shall waive the internship when the
applicant meets the requirements of §21098 of this title.
§2108. Examinations.
(a) Any optometrist licensed prior to July
10, 1975, may not use diagnostic pharmaceutical agents until the optometrist
shall have completed a course in pharmacology as it relates to the use of
diagnostic drugs in the practice of optometry, given by an institution
accredited by a regional or professional accrediting organization which is
recognized by the Delaware State Board of Examiners in Optometry.
(b) Each diagnostically certified
optometrist licensed when this act becomes effective and desiring to be
certified in the use and prescription of therapeutic pharmaceutical agents for
the treatment of eye disease shall:
Pass a nationally recognized, standardized
test on the diagnosis, treatment and management of ocular diseases that is
approved by the State Division of Professional Regulation and complete 40 hours
of clinical experience in the treatment and management of ocular disease
supervised by a therapeutically certified optometrist, M
§21098.
Reciprocity.
The Board shall waive the internship requirement for an applicant holding a valid license to practice optometry issued by another jurisdiction and who has practiced for a minimum of 5 years in such other jurisdiction with standards of licensure which are equal to or greater than those of this chapter and grant a license by reciprocity to such applicant. The applicant shall contact the National Practitioner Data Bank, requesting that verification be sent to the Board regarding that applicant's licensure status. In addition, the applicant shall contact each jurisdiction where that applicant currently is licensed or has been previously licensed or otherwise authorized to practice optometry and request that a certified statement be provided to the Board stating whether or not there are disciplinary proceedings or unresolved complaints pending against the applicant. In the event there is a disciplinary proceeding or unresolved complaint pending, the applicant shall not be licensed until the proceeding or complaint has been resolved.
Applicants from jurisdictions which have
the same basic qualifications for licensure as this State, but that do not have
essentially comparable or higher standards to qualify for
"therapeutic" licensing, shall be required to meet the conditions of
§2108(a) and (b) of this title.
§211009.
Internship requirements; temporary licenses.
Every applicant, except those applicants who qualify for licensure by reciprocity, shall be required to complete a Board-approved 6-month internship in optometry. The internship shall be completed after the applicant has passed all parts of the national, written, standardized examination in optometry, which is approved by the Division, including the examination on the treatment and management of ocular disease (TMOD), approved by the Division.
All newly licensed optometrists shall be
required to be therapeutically certified. Their 6-month internship should be
done with a therapeutically certified optometrist, M.D. or D.O.. However, if a
therapeutically certified optometrist, M.D. or D.O. is not available, the
intern may do an internship with a nontherapeutically certified optometrist
provided, the intern complete an additional l00 hours of clinical experience in
the treatment and management of ocular disease, supervised by a therapeutically
certified optometrist, M.D. or D.O. during their internship and pass a nationally
recognized standardized test on diagnosis, treatment and management of ocular
disease that is approved by the Division of Professional Regulation. A
therapeutically certified optometrist is not to be held to any lesser standard
of care than is applicable to a physician prescribing the same
therapeutic agents. In any case where the prescribing of therapeutic drugs is
an issue, the testimony of an ophthalmologist practicing in Delaware shall be
admissible.
The Board may grant temporary licenses to any candidate successfully passing the written examinations. The temporary license shall be issued only for the duration of the internship.
§21110.
Certification and registration for successful applicants.
All persons successfully passing the examinations for licensure as
required by the chapter shall be registered in the Board Register, which shall
be kept by the Division of Professional Regulation, as licensed to practice
optometry and shall also receive an endorsement of such registration. Any
optometrist who shows proof of qualifying for therapeutic drug use and
prescription as described in §2108 of this title shall receive an endorsement
to such certificate stating that the optometrist is certified in therapeutic
drug use and prescription for the treatment of ocular disease. Notwithstanding
the requirements of §2108 of this title, an optometrist holding a Delaware
certificate or license who is a licensed Delaware M.D. or D.O. shall qualify
for the endorsement as described in this section. The certificate of
endorsement, if any, shall be signed by the President and Secretary of the
Board and shall be filed as provided in this chapter.
§21121.
Issuance and renewal of licenses.
The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as an optometrist and who pays the fee established under §2105 of this title.
Each license shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation and upon payment of the appropriate fee and submission of a renewal form provided by the Division of Professional Regulation and proof that the licensee has met the continuing education requirements established by the Board.
The Board, in its rules and regulations, shall determine the period of time within which a licensed optometrist may still renew that licensed optometrist's license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date.
An optometrist currently holding an active Diagnostic license may not utilize therapeutic pharmaceutical agents or perform procedures that require subsequent treatment with therapeutic pharmaceutical agents.An optometrist holding an active Diagnostic license may renew such license under the terms determined by the Board in the rules and regulations.
The six month internship for Delaware optometric licensure may not be completed under the supervision of a Diagnostic optometrist.
A diagnostically licensed optometrist may convert to an unrestricted license by completing the requirements set forth in the rules and regulations.
A lapsed Diagnostic license may not be reactivated.
§21132.
Grounds for refusal, revocation or suspension of licenses.
§21143.
Complaints.
§21154.
Disciplinary sanctions.
§21165.
Hearing procedures.
§21176.
Reinstatement of a suspended license; removal from probationary status:
replacement of license.
§21187.
Exemptions.
§21198.
Discrimination by state boards between optometrists and ophthalmologists
forbidden.
§212019.
Penalty.
§21210.
Continuing education requirements.
(a) Each optometrist licensed in this State
shall be required to submit proof acceptable to the Board that the optometrist
has completed 12 hours of optometric education or such other scientific
educational lectures, symposiums or courses during each biennial license
renewal period.
(b) Optometrists who are authorized to use
and prescribe therapeutic pharmaceutical agents shall be required to attend 12
additional hours of courses in ocular pharmacology, diagnosis or treatment of
ocular disease approved by the Board in each biennial license renewal period.
All therapeutically certified optometrists must submit to the Board a copy of
current cardio-pulmonary resuscitation (CPR) certification.
(c) (a) The Board shall publish
in its rules and regulations the guidelines governing acceptable continuing
education requirements.
(d) (b) In the event that any
optometrist licensed in this State fails to meet continuing education
requirements, that optometrist's license shall lapse, and not be eligible for
renewal, at the end of the licensing period in which the requirements were not
met. The Board may provide for hardship exceptions to the continuing education
requirements in its rules and regulations. Subject to the time period for
renewal established pursuant to §2112 of this title, the Board shall renew
such license upon presentation of satisfactory evidence of successful
completion of continuing education requirements and upon payment of all fees
due.
§21221.
Prescription requirements.
(a) No written prescription shall be prescribed if it does not contain the following information clearly written, clearly hand printed, electronically printed, or typed:
(1) The name, address and phone number of the prescriber;
(2) The name and strength of the drug prescribed;
(3) The quantity of the drug prescribed;
(4) The directions for use of the drug;
(5) Date of issue.
(b) Optometrists who apply for a provider identifier number for controlled substances will do so as outlined by the Division of Professional Regulation.
(c) A completed application will provide the following information: proof of graduate level coursework that
includes general and ocular pharmacology.
(d) Controlled Substances registration will be as follows:
(2) Optometrists must register biennially with the Office of Controlled Substances in accordance with 16 Del. C. §4732.
SYNOPSIS
The Optometry statute has not been updated since it was enacted in 1994.Significant changes in educational curriculum for Optometrists have occurred since 1994, providing training on state of the art treatments and use of pharmaceuticals.This Act addresses the substantial development of new diagnostics, therapies, treatments and medication over the last 20 years.
Doctors of Optometry examine, diagnose, treat, and manage diseases, injuries, and disorders of the visual system, the eye, and associated structures as well as identify related systemic conditions affecting the eye. In addition, Optometrists address low vision rehabilitation, provide vision therapy, prescribe for spectacle lenses, contact lenses, prescribe medications and perform minor procedures.
This Act clarifies certain practices, procedures and pharmacology performed by Optometrists and those prohibited.In addition, Optometrists must meet all applicable requirements to prescribe controlled substances.
This Act will allow Delaware's Board of Examiners in Optometry, just like other professional boards under the Department of State, Division of Professional Regulation, to have the appropriate authority to review, propose and after required public hearing and comment, adopt changes in regulation reflecting diagnostics, technologies and requirements of continuing education.
Author:Senator Bushweller
