The Board proposes the rule amendment to amend the rule to comply with Chapter 2013-26, Laws of Florida, including updating the rule title; deleting superseded language; adding new language as required by the legislation; and renumbering the rule ...

 

DEPARTMENT OF HEALTH

Board of Optometry

RULE NO.:RULE TITLE:

64B13-10.002Administration and Prescription of Topical Pharmaceutical Agents

PURPOSE AND EFFECT: The Board proposes the rule amendment to amend the rule to comply with Chapter 2013-26, Laws of Florida, including updating the rule title; deleting superseded language; adding new language as required by the legislation; and renumbering the rule accordingly.

SUMMARY: The rule amendment will update the rule title; delete superseded language; add new language as required by the legislation; and renumber the rule accordingly.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 463.005, 463.0055 FS.

LAW IMPLEMENTED: 463.0055, 463.012, 463.0135, 463.016(1)(g), (k) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: William Miller, Executive Director, Board of Optometry/MQA, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B13-10.002 Administration and Prescription of Ocular Topical Pharmaceutical Agents

(1) Only a certified optometrist may administer and prescribe topical ocular pharmaceutical agents. 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. Certified optometrists may administer and prescribe only those topical ocular pharmaceutical agents identified by rule of the Board and oral ocular pharmaceutical agents listed in the statutory formulary.

(2) Only certified optometrists who have successfully completed the Board approved pharmaceutical course and examination specified in subsection 463.0055(1)(b), F.S. and provided proof of such to the Department are authorized to administer and prescribe the oral ocular pharmaceutical agents or their therapeutic equivalents specified in subsection 463.0055(3), F.S.

(3) Controlled substances listed on the statutory formulary of oral ocular pharmaceutical agents may only be administered or prescribed by a certified optometrist who has successfully completed the board approved oral drug course and examination specified in subsection 463.0055(1)(b), F.S., provided proof of such to the Department, and after the certified optometrist has acquired a United States Drug Enforcement Administration registration number.

(4)(a)(2) Any prescription for an ocular topical pharmaceutical agent written by a certified optometrist shall contain the following information:

1.(a) No change.

2.(b) No change.

3.(c) Name of the ocular topical pharmaceutical agent prescribed and the strength, quantity, and directions for use thereof; and

4.(d) No change.

(b) All written prescriptions must comply with the requirements of Sections 456.42, F.S. and 893.04, F.S.

(5)(3) When an ocular topical pharmaceutical agent is either administered or prescribed to a patient by a certified optometrist, such shall be documented in the patients record.

Rulemaking Authority 463.005(1), 463.0055 FS. Law Implemented 463.0055, 463.012, 463.0135, 463.016(1)(g), (k) FS. History–New 11-20-86, Formerly 21Q-10.002, 61F8-10.002, 59V-10.002, Amended 10-28-09,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Optometry

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Optometry

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 23, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 17, 2013