RULE NO.:RULE TITLE:
64B13-3.010Standards of Practice
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. 45 No. 207, October 23, 2019 issue of the Florida Administrative Register.
The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and discussion and subsequent vote by the Board at the public telephonic meeting held July 15, 2020. The rule shall now read as follows:
64B13-3.010 Standards of Practice.
(1) Section 463.016(1)(g), F.S., authorizes the Board to take disciplinary action against an optometrist who is found guilty of “fraud, deceit, negligence, incompetence, or misconduct in the practice of optometry.” Conduct which deceives, or defrauds the public and which is thereby prohibited by Section 463.016(1)(g), F.S., shall include, but not be limited to, accepting and performing an optometric practice or procedure which the optometrist knows or has reason to know that he or she is not competent to undertake.
(2) through (3) renumbered (1) through (2) No change.
(3)(4) Certified optometrists employing the topical ocular pharmaceuticals listed in subsection 64B13-18.002(8), F.A.C., Anti-Glaucoma Agents, shall comply with the following:
(a) through (b) No change.
(c) The certified optometrist shall have available, and be proficient in the use of, the following instrumentation:
1. through 5. No change.
6. A device to provide stereoscopic view of optic nerve, including but not limited to, binocular indirect ophthalmoscope and non-contact fundus lens.
(5) through (6) renumbered (4) through (5) No change.
(6)(7)(a) To be in compliance with paragraph 64B13-3.007(2)(f), F.A.C., certified optometrists shall perform a pharmacologic dilated fundus examination during the patient’s initial presentation, and thereafter, whenever medically indicated. Fundus imaging is not a substitute for a pharmacologic dilated fundus examination. If, in the certified optometrist’s sound professional judgment, dilation is not performed because of the patient’s age, physical limitations, or conditions, the reason(s) shall be noted in the patient’s medical record.
(b) No change.
(7)(8) The holder of an optometric faculty certificate pursuant to section 463.007, Florida Statutes, or a certified optometrist serving as faculty or as adjunct professor to a college of optometry, may teach and supervise the performance of diagnosis and treatment functions, for educational purposes only, by students of the college of optometry and this shall not constitute a violation of section 464.003, Florida Statutes, provided the optometric faculty certificate holder/certified optometrist makes all final diagnosis and treatment decisions. Certified optometrists serving as adjunct professors to schools or colleges of optometry pursuant to Section 463.0057, F.S., may delegate to residents, externs or interns of said school, educational functions or duties beyond the restrictions of Section 463.009, F.S. Such delegated duties or functions shall be in accordance with Section 463.002(6), F.S. For purposes of this rule, residents, externs or interns of qualified schools or colleges of optometry are not defined as nonlicensed supportive personnel.
(9) through (13) renumbered (8) through (12) No change.
Rulemaking Authority 463.005(1) FS. Law Implemented 463.005(1), 463.0055, 463.0135(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, 8-25-16, .
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Anthony Spivey, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, FL 32399-3257.
