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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GORDNER, ALLOWAY, PICCOLA, STACK, FOLMER, WONDERLING, RAFFERTY, LOGAN, WAUGH, EICHELBERGER, FERLO, BROWNE, M. WHITE, EARLL, MUSTO AND D. WHITE, MAY 5, 2009 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MAY 5, 2009 |
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| AN ACT |
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1 | Amending the act of June 6, 1980 (P.L.197, No.57), entitled "An |
2 | act regulating the licensure and practice of optometry, |
3 | making repeals and providing penalties," further defining |
4 | "examination and diagnosis", and the "practice of optometry"; |
5 | and making a repeal. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. The definitions of "examination and diagnosis" |
9 | and the "practice of optometry" in section 2 of the act of June |
10 | 6, 1980 (P.L.197, No.57), known as the Optometric Practice and |
11 | Licensure Act, amended December 16, 2002 (P.L.1950, No.225) are |
12 | amended to read: |
13 | Section 2. Definitions. |
14 | The following words and phrases when used in this act shall |
15 | have, unless the context clearly indicates otherwise, the |
16 | meanings given to them in this section: |
17 | * * * |
18 | "Examination and diagnosis." Any examination or diagnostic |
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1 | means or method compatible with optometric education and |
2 | professional competence. The term shall encompass the use of |
3 | pharmaceutical agents approved by the Food and Drug |
4 | Administration and published in the Code of Federal Regulations |
5 | for diagnostic purposes classified as miotics, mydriatics, |
6 | cycloplegics, topical anesthetics and dyes when applied |
7 | topically to the eye, [which pharmaceutical agents shall be |
8 | approved by the Secretary of Health as provided in section 4.3] |
9 | and, subject to the rules and regulations of the board, provided |
10 | however that with respect to optometrists licensed before March |
11 | 1, 1974, only such optometrists who have satisfactorily |
12 | completed a course in pharmacology as it applies to optometry, |
13 | with particular emphasis on the topical application of |
14 | diagnostic pharmaceutical agents to the eye, approved by the |
15 | board shall be permitted to use diagnostic pharmaceutical agents |
16 | topically in the practice of optometry. Optometrists may order |
17 | imaging tests appropriate for diagnosis and treatment of |
18 | diseases or conditions of the human visual system. |
19 | * * * |
20 | "Practice of optometry." |
21 | (1) The use of any and all means or methods for the |
22 | examination, diagnosis and treatment of conditions of the |
23 | human visual system and shall include the examination for, |
24 | and adapting and fitting of, any and all kinds and types of |
25 | lenses including contact lenses. |
26 | (2) The administration and prescription of legend and |
27 | nonlegend drugs, including Schedules II through V controlled |
28 | substances as approved by the [Secretary of Health as |
29 | provided in section 4.3] Food and Drug Administration as |
30 | published in the Code of Federal Regulations necessary for |
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1 | treatment of the eye, including the treatment of glaucoma, |
2 | the eyelids, the lacrimal system [and the conjunctiva] and |
3 | the removal of [superficial] foreign bodies from the ocular |
4 | surface and adnexa [so long as treatment of diseases or |
5 | conditions of the visual system, other than glaucoma, as |
6 | authorized under this paragraph shall not continue beyond six |
7 | weeks from the initiation of treatment unless the prescribing |
8 | optometrist documents consultation with a licensed physician. |
9 | As used in this paragraph, the initiation of treatment may, |
10 | but need not, include the prescription or administration of |
11 | pharmaceutical agents for therapeutic purposes.], stromal |
12 | puncture, drainage of superficial cysts, and the use of |
13 | injection for the treatment of anaphylactic shock and |
14 | chalazion. |
15 | (3) The term shall not include: |
16 | (i) [surgery, including, but not limited to, laser |
17 | surgery; the use of lasers for therapeutic purposes; and |
18 | the use of injections in the treatment of ocular |
19 | disease;] Cataract surgery, muscle surgery, retinal |
20 | surgery, radial keratotomy, laser surgery, cryosurgery, |
21 | or any other invasive surgery of the lid, adnexa, or |
22 | visual system or the use of injections into the eyeball |
23 | for treatment of ocular disease. |
24 | (ii) [the] The use of Schedule I [and Schedule II] |
25 | controlled substances[;]. |
26 | (iii) [treatment] Treatment of systemic disease.[; |
27 | and |
28 | (iv) the treatment of glaucoma, except that |
29 | optometrists may use all topical pharmaceutical agents in |
30 | the treatment of primary open angle glaucoma, exfoliation |
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1 | glaucoma and pigmentary glaucoma.] |
2 | * * * |
3 | Section 2. Section 4.3 of the act, added December 16, 2002 |
4 | (P.L.1950, No.225), is repealed: |
5 | [Section 4.3. Approval of drugs. |
6 | Drugs shall be approved as follows: |
7 | (1) All drugs currently approved by the Secretary of |
8 | Health and in use in the practice of optometry on the |
9 | effective date of this section shall be deemed approved under |
10 | this section. |
11 | (2) Within 90 days of the effective date of this |
12 | section, the board shall submit a list of drugs authorized |
13 | under this act to the Secretary of Health, who, in |
14 | consultation with the Physician General, shall approve or |
15 | disapprove for good cause each drug. Upon failure of the |
16 | Secretary of Health to act within 90 days of receipt of the |
17 | list of drugs, the drugs shall be deemed approved for use |
18 | under this act. |
19 | (3) The State Board of Optometry shall provide the |
20 | Secretary of Health with lists of additional drugs for use |
21 | under this act after such drugs are approved by the Food and |
22 | Drug Administration, as published in the Code of Federal |
23 | Regulations. The Secretary of Health, in consultation with |
24 | the Physician General, shall approve or disapprove for good |
25 | cause any such drug within 90 days of the receipt of the |
26 | list. Upon failure of the Secretary of Health to act within |
27 | 90 days, the drugs shall be deemed approved for use under |
28 | this act.] |
29 | Section 3. This act shall take effect in 60 days. |
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