Regular Session 2015-2016 Senate Bill 1012 P.N. 1283

PRINTER'S NO. 1283

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1012

Session of

2015

INTRODUCED BY GORDNER, WHITE, ARGALL, BAKER, SCARNATI,

HUTCHINSON, BARTOLOTTA, YUDICHAK, STEFANO, WOZNIAK, RAFFERTY,

FOLMER, PILEGGI AND TEPLITZ, SEPTEMBER 29, 2015

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,

SEPTEMBER 29, 2015

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 providing

for definitions and for approval of drugs; providing for

imaging test; and further providing for exemptions and

exceptions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "examination and diagnosis,"

"optometrist" and "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] including, but not

limited to, 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.

* * *

"Optometrist." Any person who, following formal and

recognized training in the art and science of optometry has

received a doctor of optometry degree from an accredited

institution and is qualified to seek or has acquired a license

to practice the profession of optometry. An optometrist shall be

identified either by "Doctor of Optometry," "O.D.," [or "Dr."

followed by "Optometrist] "Doctor" or "Optometric Physician."

"Practice of optometry."

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

examination, diagnosis and treatment of all conditions of the

human visual system and shall include the examination for,

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

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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, 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.]

(2) The administration and prescription of all legend

and nonlegend drugs as approved by the Food and Drug

Administration and published in the Code of Federal

Regulations necessary and applicable for the treatment of

diseases and conditions of the eye and the adnexa, including

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the removal of foreign bodies, drainage of superficial cysts,

injection into the adnexa and for anaphylaxis. As used in

this paragraph, the initiation of treatment may include the

prescription or administration of pharmaceutical agents by

any means, methods or delivery systems.

(3) The term shall not include:

(i) Surgery. An insurance procedure and billing code

may not be used to define or interpret a definition of

surgery.

(ii) The use of Schedule I and Schedule II

controlled substances, except for the use of codeine and

hydrocodone combinations prior to the effective date of

this subparagraph, notwithstanding codeine and

hydrocodone combinations re-classification from Schedule

III to Schedule II.

* * *

Section 2. Section 4.3 of the act 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

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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. The act is amended by adding a section to read:

Section 4.4. Imaging test.

An optometrist may order an imaging test appropriate for

diagnosis and treatment of a disease or condition of the human

visual system.

Section 4. Section 6(b) of the act is amended to read:

Section 6. Exemptions and exceptions.

* * *

(b) The board shall permit externs, who are [fourth year]

optometric students, to perform procedures and tests for the

sole purpose of instruction and experience under the direct

supervision and control of an optometrist licensed in this

Commonwealth. Nothing contained in this act shall be construed

to entitle an extern to practice optometry.

* * *

Section 5. This act shall take effect in 60 days.

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