Responsibility to Patient, Licenses and Signs in Office, Corporate, Lay, and Unlicensed Practice of Optometry Prohibited, False, Fraudulent, Deceptive and Misleading Advertising Prohibited; Policy; Definitions; Affirmative Disclosure, Standards of ...

 

DEPARTMENT OF HEALTH

Board of Optometry

RULE NOS.:RULE TITLES:

64B13-3.002Responsibility to Patient

64B13-3.006Licenses and Signs in Office

64B13-3.008Corporate, Lay, and Unlicensed Practice of Optometry Prohibited

64B13-3.009False, Fraudulent, Deceptive and Misleading Advertising Prohibited; Policy; Definitions; Affirmative Disclosure

64B13-3.010Standards of Practice

64B13-3.012Prescriptions

64B13-3.015Performance of Delegated Tasks by Non-Licensed Personnel

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 77, April 20, 2016 issue of the Florida Administrative Register.

The change is in response to comments submitted by the Joint Administrative Procedures Committee in a letter dated May 5, 2016. The changes are as follows:

 

64B13-3.002 Responsibility to Patient

(1) No change.

(2) No change.

Rulemaking Authority 456.058, 463.005(1) FS. Law Implemented 456.058, 463.005(1), 463.0135 FS. History–New 11-13-79, Formerly 21Q-3.02, Amended 12-16-86, Formerly 21Q-3.002, Amended 3-16-94, Formerly 61F8-3.002, Amended 12-31-95, Formerly 59V-3.002, Amended                           .

 

64B13-3.006 Licenses and Signs in Office

A licensed practitioner who is not a certified optometrist shall display at every location at which he or she practices optometry a sign in at least Times New Roman 40 point font size or Courier New 44 point font size which states:

“I am a Licensed Practitioner, not a Certified Optometrist, and I am not able to prescribe topical ocular pharmaceutical agents.”

Rulemaking Authority 463.005(1) FS. Law Implemented 463.002(3), 463.0055, 463.011 FS. History–New 11-13-79, Amended 3-13-81, 6-29-82, Formerly 21Q-3.06, Amended 12-16-86, 2-13-90, Formerly 21Q-3.006, 61F8-3.006, 59V-3.006, Amended 11-13-06, 4-17-13,                             .

 

64B13-3.010 Standards of Practice

(1) No change.

(2) No change.

(3) Certified optometrists employing the topical ocular pharmaceuticals listed in subsection 64B13-18.002(8)(9), F.A.C., Anti-Glaucoma Agents, shall comply with the following:

(a) Upon initial diagnosis of glaucoma of a type other than those specifically listed in Section 463.0135(2), F.S., the certified optometrist shall develop a plan of treatment and management.

1.No change.

2. In the event the certified optometrist cannot otherwise comply with the requirements of subsections 463.016(1)(s), and 463.0135(1), F.S., and a co-management plan shall be established with a physician skilled in the diseases of the human eye and licensed under Chapter 458 or 459, F.S.

(b) through (c) No change

(4) No change.

(5) No change.

(6) No change.

(7) No change.

(8) Only a certified optometrist may administer and prescribe ocular pharmaceutical agents. A licensed pPractitioner who is not certified may use topically applied anesthetics solely soley for the purpose of glaucoma examinations, but is otherwise prohibited from administering or prescribing ocular pharmaceutical agents. Certified optometrists may administer and prescribe only those ocular pharmaceutical agents identified by the rule of the Board and oral ocular pharmaceutical agents listed in the statutory formulary.

(9) Only certified optometrists who have successfully completed the Board approved pharmaceutical course and examination specified in paragraph 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.

(10) Controlled substances listed on the statutory formulary of oral pharmaceutical agents may only be administered or prescribed by a certified optometrist who has successfully completed the Bboard approved oral drug course and examination specified in paragraph 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

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

1. No change.

2. No change.

3. No change.

4. No change.

(b) No change.

(12) When an ocular pharmaceutical agent is either administered or prescribed to a patient by a certified optometrist, such shall be documented in the patient’s record.

Rulemaking Authority 463.005(1) FS. Law Implemented 463.005(1), 463.0055, 463.0135(1), 463.016(1) FS. History–New 9-16-80, Amended 12-20-82, Formerly 21Q-3.10, Amended 7-11-88, 6-18-92, 1-28-93, Formerly 21Q-3.010, Amended 3-16-94, Formerly 61F8-3.010, Amended 8-24-94, 9-21-94, 2-13-95, 12-31-95, Formerly 59V-3.010, Amended 6-15-00, 2-7-01, 11-16-05, 11-5-07, 11-4-08,                  .

 

64B13-3.012 Prescriptions

(1) No change.

(2)(3) A prescription for daily wear soft contact lens shall be considered valid for a period of two (2) years and a licensed practitioner shall make available to the patient or his or her agent any daily wear soft contact lens prescription or duplicate copy determined for that patient. This subsection applies only to contact lenses determined by the Food and Drug Administration to be daily wear lenses.

(3)(4) No change.

(4)(5) No change.

Rulemaking Authority 463.005 FS. Law Implemented 463.005, 463.012, 463.0135, 463.016(1)(k) FS. History–New 4-10-84, Formerly 21Q-3.12, Amended 3-4-86, 8-30-87, Formerly 21Q-3.012, 61F8-3.012, Amended 2-5-96, Formerly 59V-3.012, Amended 1-2-02, 6-5-06, 3-11-09,                       .

 

64B13-3.015 Performance of Delegated Tasks by Non-Licensed Personnel

(1) Non-licensed personnel, who need not be employees of the licensed practitioner, may perform ministerial duties, tasks and functions assigned to them by and performed under the general supervision of a licensed practitioner, including obtaining information from patients for the purpose of making appointments for the licensed practitioner. Tasks and functions that may be performed shall include, but not be limited to, delivery of eyeglasses, selection of frames, adjustment of frames, and instruction for the insertion, removal and care of contact lenses. However, to ensure patient confidentiality of examination records in accordance with Section 456.057(5), Florida Statutes, a non-employee shall not be allowed to perform any task or function which would require or give them access to patient records or examination reports of any person without prior written authorization of that patient.

(2) Such non-licensed supportive personnel may perform data gathering, preliminary testing, prescribed visual therapy and related duties under the direct supervision of the licensed practitioner.

Rulemaking Authority 463.005(1) FS. Law Implemented 463.009 FS. History–New 10-23-88, Formerly 21Q-3.015, 61F8-3.015, 59V-3.015, Amended 11-16-05,                             .

 

The person to be contacted regarding the above change is: Anthony Spivey, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3257.