Report Title:

Optometry, Use of Pharmaceuticals

 

Description:

Allows optometrists to prescribe all pharmaceutical agents allowed by the board of optometry, not just those that are topically applied. Repeals joint formulary advisory committee.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

223

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO OPTOMETRY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 459-1, Hawaii Revised Statutes, is amended to read as follows:

"§459-1 Optometry; practice of, defined. The practice of optometry, for the purpose of this chapter, is defined to be:

(1) The examination, diagnosis, treatment, and management of diseases and disorders of the human visual system, the eye, and the eyelids;

(2) The employment of trial frame or trial lenses, and any objective or subjective means or methods, other than the use of surgery, including refractive or therapeutic laser surgery, but including the use and prescription of [topically applied] pharmaceutical agents, as established by the board, and the performance of non-invasive diagnostic procedures or ordering of laboratory tests related to the use of [topically applied] pharmaceutical agents for the purpose of examining, diagnosing, treating, and managing visual, muscular, or other diseases and disorders of the human visual system, the eye, and the eyelids; or

(3) The prescribing, fitting, or adaptation of any ophthalmic lenses, contact lenses, prisms, frames, mountings, or orthoptic exercises for the correction or relief of the visual or muscular anomalies of the human eye.

Superficial foreign bodies may be removed from the human eye and eyelids, including the removal of corneal superficial foreign bodies above Bowman's Layer.

Any person who engages in the prescribing of visual training, with or without the use of scientific instruments to train the visual system or other abnormal condition of the eyes, or claims to be able to do so, shall be deemed to be engaged in the practice of optometry and shall first secure and hold an unrevoked and unsuspended license as provided in this chapter; provided that an orthoptist may give visual training, including exercises, under the supervision of a physician or optometrist. The use and prescription of [topically applied] pharmaceutical agents and the removal of superficial foreign bodies from the human eye and eyelid shall be granted to an optometrist licensed under this chapter who has met the requirements under section 459-7.

If while examining or treating a patient a licensed optometrist finds, by history or examination, any ocular abnormality or any evidence of systemic disease requiring further diagnosis and possible treatment beyond the scope of practice as defined in this section, the optometrist shall refer that patient to an appropriate licensed physician."

SECTION 2. Section 459-7.4, Hawaii Revised Statutes, is amended to read as follows:

"[[]§459-7.4[]] Therapeutically certified optometrists; scope; qualifications[; advisory committee]. (a) The use and prescription of [topical] therapeutic pharmaceutical agents as established by the [joint formulary advisory committee and adopted by the] board for the treatment and management of conditions of the anterior segment of the human eye, eyelids, and lacrimal system and the non-invasive surface removal of superficial foreign bodies from the anterior segment of the human eye and eyelids is authorized only for an optometrist licensed under this chapter who meets the requirements of a therapeutically certified optometrist as authorized in this section. [The therapeutically certified optometrist shall not prescribe, dispense, or administer oral pharmaceutical agents except those available without prescription.] Treatment of glaucoma and performing any invasive surgery shall not be allowed. Therapeutic pharmaceutical agents shall not include any of the controlled substances enumerated in sections 329-14, 329-16, 329-18, 329-20, and 329-22.

(b) The board shall grant recognition as a therapeutically certified optometrist; provided the optometrist has:

(1) A current, unencumbered license as an optometrist in this State;

(2) Completed a one hundred hour board-approved course in the treatment and management of ocular diseases;

(3) Passed the National Board of Examiners in Optometry Treatment and Management of Ocular Disease examination;

(4) Completed one hundred hours of preceptorship under the supervision of an ophthalmologist. The supervising ophthalmologist shall certify completion of the one hundred hours of hands-on experience and the competency of the optometrist to prescribe, dispense, and administer therapeutic pharmaceutical agents on a form and format prescribed by the board; provided that the preceptorship shall include training in diagnosis, treatment, and management of ocular disease; and

(5) The therapeutically certified optometrist shall renew the certification with the biennial renewal of license and submit proof of satisfying thirty-six hours of continuing education in the diagnosis, treatment, and management of ocular and systemic diseases. Completion of the thirty-six hours in the diagnosis, treatment, and management of ocular and systemic diseases shall fulfill the continuing education requirements pursuant to section 459-7 and this section.

[(c) The department of commerce and consumer affairs shall establish a joint formulary advisory committee composed of:

(1) Two persons licensed as optometrists;

(2) Two persons licensed as pharmacists; and

(3) Two persons licensed in medicine by the board of medical examiners and board certified in ophthalmology.

The joint formulary advisory committee shall recommend the applicable formulary for persons certified under this section. The board of optometry shall adopt the formulary as established by the joint formulary advisory committee in its rules.]"

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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