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                                                      PRINTER'S NO. 1475



No. 1123 Session of 2007

           OCTOBER 19, 2007

           OCTOBER 19, 2007

                                     AN ACT

     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 providing
     4     for the definitions of "examination and diagnosis" and
     5     "practice of optometry" and for approval of drugs.

     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 "practice of optometry" in section 2 of the act of June 6,
    10  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

     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.
    17     * * *
    18     "Practice of optometry."
    19         (1)  The use of any and all means or methods for the
    20     examination, diagnosis and treatment of conditions of the
    21     human visual system and shall include the examination for,
    22     and adapting and fitting of, any and all kinds and types of
    23     lenses including contact lenses.
    24         (2)  The administration and prescription of legend and
    25     nonlegend drugs as approved by the [Secretary of Health as
    26     provided in section 4.3] Food and Drug Administration and
    27     published in the Code of Federal Regulations for treatment of
    28     the eye, the eyelids, the lacrimal system and the conjunctiva
    29     and the removal of superficial foreign bodies from the ocular
    30     surface and adnexa. [so long as treatment of diseases or
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     1     conditions of the visual system, other than glaucoma, as
     2     authorized under this paragraph shall not continue beyond six
     3     weeks from the initiation of treatment unless the prescribing
     4     optometrist documents consultation with a licensed
     5     physician.] As used in this paragraph, the initiation of
     6     treatment may, but need not, include the prescription or
     7     administration of pharmaceutical agents for therapeutic
     8     purposes.
     9         (3)  The term shall not include any of the following:
    10             (i)  [surgery] Surgery, including, but not limited
    11         to, laser surgery[;] and the use of lasers for
    12         therapeutic purposes[; and the].
    13             (i.1)  The use of injections in the treatment of
    14         ocular disease[;], except for injections to control
    15         anaphylactic shock, treat chalazia and to drain
    16         superficial cysts.
    17             (ii)  [the] The use of Schedule I [and Schedule II]
    18         controlled substances[;].
    19             (iii)  [treatment] Treatment of systemic disease[;
    20         and].
    21             [(iv)  the treatment of glaucoma, except that
    22         optometrists may use all topical pharmaceutical agents in
    23         the treatment of primary open angle glaucoma, exfoliation
    24         glaucoma and pigmentary glaucoma.]
    25     * * *
    26     Section 2.  Section 4.3 of the act, added December 16, 2002
    27  (P.L.1950, No.225), is repealed:
    28  [Section 4.3.  Approval of drugs.
    29     Drugs shall be approved as follows:
    30         (1)  All drugs currently approved by the Secretary of
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     1     Health and in use in the practice of optometry on the
     2     effective date of this section shall be deemed approved under
     3     this section.
     4         (2)  Within 90 days of the effective date of this
     5     section, the board shall submit a list of drugs authorized
     6     under this act to the Secretary of Health, who, in
     7     consultation with the Physician General, shall approve or
     8     disapprove for good cause each drug. Upon failure of the
     9     Secretary of Health to act within 90 days of receipt of the
    10     list of drugs, the drugs shall be deemed approved for use
    11     under this act.
    12         (3)  The State Board of Optometry shall provide the
    13     Secretary of Health with lists of additional drugs for use
    14     under this act after such drugs are approved by the Food and
    15     Drug Administration, as published in the Code of Federal
    16     Regulations. The Secretary of Health, in consultation with
    17     the Physician General, shall approve or disapprove for good
    18     cause any such drug within 90 days of the receipt of the
    19     list. Upon failure of the Secretary of Health to act within
    20     90 days, the drugs shall be deemed approved for use under
    21     this act.]
    22     Section 3.  This act shall take effect in 60 days.

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