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PRINTER'S NO. 787
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
668
Session of
2017
INTRODUCED BY GORDNER, FOLMER, BAKER, YUDICHAK, WHITE,
HUTCHINSON, STEFANO, SCARNATI, BREWSTER AND RAFFERTY,
MAY 4, 2017
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MAY 4, 2017
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; repealing provisions related to 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, 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
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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, including all conditions of the anterior
segment of the human eye applicable to this act, and shall
include the examination for, and adapting and fitting of, any
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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, 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.]
(4) The administration and prescription of all legend
and nonlegend drugs approved by the Commonwealth for the
treatment of ocular conditions. The term shall include the
use of nonopioid analgesic and all legend and nonlegend drugs
approved by the Food and Drug Administration and published in
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the Code of Federal Regulations necessary and applicable for
the treatment of diseases and conditions of the eye and the
adnexa, including the removal of foreign bodies, drainage of
superficial cysts of the eyelids, injection for anaphylaxis
and into the upper and lower eyelids and into preplaced
portals for the delivery of pharmaceuticals for purpose of
treating diseases and conditions of the anterior segment. As
used in this paragraph, the initiation of treatment shall
include the prescription or administration of pharmaceutical
agents by any means, methods or delivery systems.
(5) The term shall not include:
(i) Surgery with a scalpel or scissors, refractive
or therapeutic surgery with a laser and surgery with a
croyoprobe. An insurance procedure or billing code may
not be used to define or interpret a definition of
surgery.
(ii) Injection into the globe.
(iii) The use of Schedule I and Schedule II
controlled substances, except for the use of codeine and
hydrocodone combinations which were reclassified from
Schedule III to Schedule II prior to the effective date
of this subparagraph and any drugs approved by the
Commonwealth under this act for the treatment of ocular
disease.
* * *
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
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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. 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
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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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