THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BEAR, TURZAI, DERMODY, SAYLOR, HANNA, AUMENT, CARROLL, CLYMER, COHEN, D. COSTA, P. COSTA, CUTLER, FABRIZIO, FLECK, GEIST, GERGELY, GILLESPIE, GINGRICH, GOODMAN, HARKINS, HESS, HORNAMAN, KILLION, KOTIK, MANN, MARSICO, MILLARD, MILNE, MOUL, MURT, D. O'BRIEN, PARKER, PAYTON, SCAVELLO, M. SMITH, SONNEY, STURLA, SWANGER, TOEPEL, FARRY, WHITE, DiGIROLAMO AND DAVIS, APRIL 28, 2011

AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 11, 2011   

AN ACT

Amending the act of June 6, 1980 (P.L.197, No.57), entitled "An

act regulating the licensure and practice of optometry,

making repeals and providing penalties," defining "ophthalmic

surgery"; and further defining "practice of optometry."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "practice of optometry" in

section 2 of the act of June 6, 1980 (P.L.197, No.57), known as

the Optometric Practice and Licensure Act, amended December 16,

2002 (P.L.1950, No.225), is amended and the section is amended

by adding a definition to read:

Section 2.  Definitions.

The following words and phrases when used in this act shall

have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Ophthalmic surgery."  A treatment or procedure, diagnostic,

palliative, therapeutic, rehabilitative, cosmetic or refractive,

for conditions or disease processes involving the eye or ocular

adnexa, utilizing lasers, cautery, ionizing or nonionizing

radiation, scalpels, probes, needles or other instruments in

which the human eye or ocular adnexa is cut, drained,

penetrated, thermally altered, vaporized, frozen, sutured,

probed, injected or otherwise altered by any mechanical,

thermal, light-based, electromagnetic, radiofrequency,

ultrasonic, chemical or pharmacologic means. The term does not

include the application of warm or cold compresses; the

insertion and removal of punctal plugs; punctal dilation and

irrigation of the lacrimal system; the removal of superficial

foreign bodies; epilation of eyelashes; orthokeratology; the

diagnostic use of light, laser or ultrasound for imaging or

measurement purposes; ophthalmoscopy, direct and indirect;

<--

biomicroscopy; optical coherence tomography; digital

photography, anterior or posterior; glare recovery testing;

testing pigmentary optical density; perimetry; peripheral

hyperacuity perimetry; optos testing; any automated screen

testing, including contrast sensitivity testing; color vision

testing; auto or manual refraction; auto or manual keratometry;

contact lens evaluations; any assessment of the ocular adnexa by

palpation to assess skin temperature; tonometry (IOP

assessments); scleral indentation; expressing Meibomian glands

and lid lesions without incision; pachymetry; A/B ultrasonic

scans; corneal sensitivity testing; orthokeratology and corneal

reshaping with Paragon CRT; corneal topography; gonioscopy;

vision therapy; vision rehabilitation; vision screening; corneal

curvature measurements; static retinoscopy; electrodiagnostic

testing; or treatments or the use of instruments or performance

of procedures that are authorized by law or regulation as of the

effective date of this definition. The term shall not be

construed to affect the administration and prescription of

additional drugs as may be approved on or after the effective

date of this definition by the Secretary of Health as provided

in section 4.3(3).

* * *

"Practice of optometry."

(1)  The use of any and all means or methods for the

examination, diagnosis and treatment of conditions of the

human visual system and shall include the examination for,

and adapting and fitting of, any and all kinds and types of

lenses including contact lenses.

(2)  The administration and prescription of legend and

nonlegend drugs as approved by the Secretary of Health as

provided in section 4.3 for treatment of the eye, the

eyelids, the lacrimal system and the conjunctiva and the

removal of superficial foreign bodies from the ocular surface

and adnexa so long as treatment of diseases or conditions of

the visual system, other than glaucoma, as authorized under

this paragraph shall not continue beyond six weeks from the

initiation of treatment unless the prescribing optometrist

documents consultation with a licensed physician. As used in

this paragraph, the initiation of treatment may, but need

not, include the prescription or administration of

pharmaceutical agents for therapeutic purposes.

(3)  The term shall not include:

(i)  surgery, including, but not limited to,

ophthalmic surgery or laser surgery; the use of lasers

for therapeutic purposes; and the use of injections in

the treatment of ocular disease;

(ii)  the use of Schedule I and Schedule II

controlled substances;

(iii)  treatment of systemic disease; and

(iv)  the treatment of glaucoma, except that

optometrists may use all topical pharmaceutical agents in

the treatment of primary open angle glaucoma, exfoliation

glaucoma and pigmentary glaucoma.

* * *

Section 2.  This act shall take effect in 60 days.