The Board proposes the rule amendment to update the standards of practice for optometry.  

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    DEPARTMENT OF HEALTH

    Board of Optometry

    RULE NO.:RULE TITLE:

    64B13-3.010Standards of Practice

    PURPOSE AND EFFECT: The Board proposes the rule amendment to update the standards of practice for optometry.

    SUMMARY: The standards of practice for optometry will be updated.

    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 Board meeting, the Board, based upon the expertise and experience of its members and the substance of the rule, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary because the rule has no impact on any persons or businesses; 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(1) FS.

    LAW IMPLEMENTED: 463.005(1), 463.0055, 463.0135(1) 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: Dr. Anthony Spivey, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, FL 32399-3257.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    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.

    (1) through (2) renumbered (2) through (3) No change.

    (4)(3) 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 2. No change.

    3. Gonio Lens Gonioscope.

    4. 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.

    (4) through (5) renumbered (5) through (6) No change.

    (7)(6)(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) through (12) renumbered (8) through (13) 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,                                     .

     

    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: September 27, 2019

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 22, 2019

Document Information

Comments Open:
10/23/2019
Summary:
The standards of practice for optometry will be updated.
Purpose:
The Board proposes the rule amendment to update the standards of practice for optometry.
Rulemaking Authority:
463.005(1) FS.
Law:
463.005(1), 463.0055, 463.0135(1) FS.
Contact:
Dr. Anthony Spivey, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, FL 32399-3257.
Related Rules: (1)
64B13-3.010. Standards of Practice