THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GORDNER, ALLOWAY, PICCOLA, STACK, FOLMER, WONDERLING, RAFFERTY, LOGAN, WAUGH, EICHELBERGER, FERLO, BROWNE, M. WHITE, EARLL, MUSTO AND D. WHITE, MAY 5, 2009

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MAY 5, 2009  

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," further defining

"examination and diagnosis", and the "practice of optometry";

and making a repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "examination and diagnosis"

and the "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) are

amended 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:

* * *

"Examination and diagnosis."  Any examination or diagnostic

means or method compatible with optometric education and

professional competence. The term shall encompass the use of

pharmaceutical agents approved by the Food and Drug

Administration and published in the Code of Federal Regulations

for diagnostic purposes classified as miotics, mydriatics,

cycloplegics, topical anesthetics and dyes when applied

topically to the eye, [which pharmaceutical agents shall be

approved by the Secretary of Health as provided in section 4.3]

and, subject to the rules and regulations of the board, provided

however that with respect to optometrists licensed before March

1, 1974, only such optometrists who have satisfactorily

completed a course in pharmacology as it applies to optometry,

with particular emphasis on the topical application of

diagnostic pharmaceutical agents to the eye, approved by the

board shall be permitted to use diagnostic pharmaceutical agents

topically in the practice of optometry. Optometrists may order

imaging tests appropriate for diagnosis and treatment of

diseases or conditions of the human visual system.

* * *

"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, including Schedules II through V controlled

substances as approved by the [Secretary of Health as

provided in section 4.3] Food and Drug Administration as

published in the Code of Federal Regulations necessary for

treatment of the eye, including the treatment of glaucoma, 

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.], stromal

puncture, drainage of superficial cysts, and the use of

injection for the treatment of anaphylactic shock and

chalazion.

(3)  The term shall not include:

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

surgery; the use of lasers for therapeutic purposes; and

the use of injections in the treatment of ocular

disease;] Cataract surgery, muscle surgery, retinal

surgery, radial keratotomy, laser surgery, cryosurgery,

or any other invasive surgery of the lid, adnexa, or

visual system or the use of injections into the eyeball

for treatment of ocular disease.

(ii)  [the] The use of Schedule I [and Schedule II]

controlled substances[;].

(iii)  [treatment] 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.  Section 4.3 of the act, added December 16, 2002

(P.L.1950, No.225), is repealed:

[Section 4.3.  Approval of drugs.

Drugs shall be approved as follows:

(1)  All drugs currently approved by the Secretary of

Health and in use in the practice of optometry on the

effective date of this section shall be deemed approved under

this section.

(2)  Within 90 days of the effective date of this

section, the board shall submit a list of drugs authorized

under this act to the Secretary of Health, who, in

consultation with the Physician General, shall approve or

disapprove for good cause each drug. Upon failure of the

Secretary of Health to act within 90 days of receipt of the

list of drugs, the drugs shall be deemed approved for use

under this act.

(3)  The State Board of Optometry shall provide the

Secretary of Health with lists of additional drugs for use

under this act after such drugs are approved by the Food and

Drug Administration, as published in the Code of Federal

Regulations. The Secretary of Health, in consultation with

the Physician General, shall approve or disapprove for good

cause any such drug within 90 days of the receipt of the

list. Upon failure of the Secretary of Health to act within

90 days, the drugs shall be deemed approved for use under

this act.]

Section 3.  This act shall take effect in 60 days.