House
Study
Bill
542
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
COWNIE)
A
BILL
FOR
An
Act
relating
to
the
practice
of
optometry.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
5303YC
(5)
84
jr/nh
H.F.
_____
Section
1.
Section
147.108,
subsection
2,
Code
2011,
is
1
amended
to
read
as
follows:
2
2.
After
contact
lenses
have
been
adequately
adapted
and
3
the
patient
released
from
initial
follow-up
care
by
a
person
4
licensed
under
chapter
148
or
154
,
the
patient
may
request
5
a
copy,
at
no
cost,
of
the
contact
lens
prescription
from
6
that
licensed
person.
A
person
licensed
under
chapter
148
or
7
154
shall
not
withhold
a
contact
lens
prescription
after
the
8
requirements
of
this
section
have
been
met.
The
prescription,
9
at
the
option
of
the
prescriber,
may
be
given
orally
only
to
a
10
person
who
is
actively
practicing
and
licensed
under
chapter
11
148
,
154
,
or
155A
.
The
contact
lens
prescription
shall
contain
12
an
expiration
date,
at
the
discretion
of
the
prescriber,
but
13
not
to
exceed
eighteen
months.
The
contact
lens
prescription
14
shall
contain
the
necessary
requirements
of
the
ophthalmic
15
lens,
and
the
prescription
validation
requirements
as
defined
16
by
rules
adopted
pursuant
to
this
section
.
The
prescription
17
may
contain
adapting
and
material
guidelines
and
may
also
18
contain
specific
instructions
for
use
by
the
patient.
For
19
the
purpose
of
this
section
,
“ophthalmic
lens”
means
one
which
20
has
been
fabricated
to
fill
the
requirements
of
a
particular
21
contact
lens
prescription,
including
pharmaceutical-delivering
22
contact
lenses
as
defined
in
section
154.1,
subsection
4
3
.
23
Sec.
2.
Section
154.1,
Code
2011,
is
amended
to
read
as
24
follows:
25
154.1
Board
defined
——
optometry
——
diagnostically
certified
26
licensed
optometrists
——
therapeutically
certified
optometrists
27
licensed
optometrists
.
28
1.
As
used
in
this
chapter
,
“board”
means
the
board
of
29
optometry
created
under
chapter
147
.
30
2.
For
the
purpose
of
this
subtitle,
the
following
classes
31
of
persons
shall
be
deemed
to
be
engaged
in
the
practice
of
32
optometry:
33
a.
Persons
employing
any
means
other
than
the
use
of
drugs,
34
medicine,
or
surgery
for
the
measurement
of
the
visual
power
35
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H.F.
_____
and
visual
efficiency
of
the
human
eye;
persons
engaged
in
1
the
prescribing
and
adapting
of
lenses,
prisms,
and
contact
2
lenses;
and
persons
engaged
in
the
using
or
employing
of
visual
3
training
or
ocular
exercise
for
the
aid,
relief,
or
correction
4
of
vision
;
and
persons
employing
the
use
of
medicines
and
5
procedures
for
the
purposes
of
diagnosis
and
treatment
of
6
diseases
or
conditions
of
the
eye
and
adnexa
.
7
b.
Persons
who
allow
the
public
to
use
any
mechanical
device
8
for
a
purpose
described
in
paragraph
“a”
.
9
c.
Persons
who
publicly
profess
to
be
optometrists
and
to
10
assume
the
duties
incident
to
the
profession.
11
3.
Diagnostically
certified
licensed
optometrists
may
12
employ
cycloplegics,
mydriatics,
and
topical
anesthetics
as
13
diagnostic
agents
topically
applied
to
determine
the
condition
14
of
the
human
eye
for
proper
optometric
practice
or
referral
15
for
treatment
to
a
person
licensed
under
chapter
148
.
A
16
diagnostically
certified
licensed
optometrist
is
an
optometrist
17
who
is
licensed
to
practice
optometry
in
this
state
and
who
is
18
certified
by
the
board
to
use
diagnostic
agents.
19
4.
3.
a.
Therapeutically
certified
optometrists
An
20
optometrist
licensed
under
this
chapter
may
employ
all
21
diagnostic
and
therapeutic
pharmaceutical
agents
for
the
22
purpose
of
diagnosis
and
treatment
of
conditions
of
the
human
23
eye
and
adnexa
pursuant
to
this
subsection
,
excluding
the
24
use
of
injections
other
than
to
counteract
an
anaphylactic
25
reaction,
and
notwithstanding
section
147.107
,
may
without
26
charge
supply
any
of
the
above
pharmaceuticals
to
commence
a
27
course
of
therapy.
A
licensed
optometrist
may
perform
minor
28
surgical
procedures
and
use
medications
for
the
diagnosis
and
29
treatment
of
diseases,
disorders,
and
conditions
of
the
eye
and
30
adnexa.
A
license
to
practice
optometry
under
this
chapter
31
does
not
authorize
the
performance
of
surgical
procedures
32
which
require
the
use
of
injectable
or
general
anesthesia
or
33
penetration
of
the
globe
or
the
use
of
ophthalmic
lasers
for
34
the
purpose
of
ophthalmic
surgery
within
or
upon
the
globe.
35
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_____
b.
Therapeutically
certified
optometrists
A
licensed
1
optometrist
may
employ
and,
notwithstanding
section
147.107
,
2
supply
pharmaceutical-delivering
contact
lenses
for
the
3
purpose
of
treatment
of
conditions
of
the
human
eye
and
adnexa.
4
For
purposes
of
this
paragraph,
“pharmaceutical-delivering
5
contact
lenses”
means
contact
lenses
that
contain
one
or
more
6
therapeutic
pharmaceutical
agents
authorized
for
employment
7
by
this
section
for
the
purpose
of
treatment
of
conditions
of
8
the
human
eye
and
adnexa
and
that
deliver
such
agents
into
the
9
wearer’s
eye.
10
c.
Therapeutically
certified
optometrists
A
licensed
11
optometrist
may
prescribe
oral
steroids
for
a
period
not
to
12
exceed
fourteen
days
without
consultation
with
a
physician.
13
Therapeutically
certified
optometrists
shall
not
prescribe
oral
14
Imuran
or
oral
Methotrexate.
15
d.
Therapeutically
certified
optometrists
A
licensed
16
optometrist
may
be
authorized,
where
reasonable
and
17
appropriate,
by
rule
of
the
board,
to
employ
new
diagnostic
and
18
therapeutic
pharmaceutical
agents
approved
by
the
United
States
19
food
and
drug
administration
on
or
after
July
1,
2002,
for
the
20
diagnosis
and
treatment
of
the
human
eye
and
adnexa.
21
e.
The
board
shall
is
not
be
required
to
adopt
rules
22
relating
to
topical
pharmaceutical
agents,
oral
antimicrobial
23
agents,
oral
antihistamines,
oral
antiglaucoma
agents,
and
24
oral
analgesic
agents.
Superficial
A
licensed
optometrist
may
25
remove
superficial
foreign
bodies
may
be
removed
from
the
human
26
eye
and
adnexa.
27
f.
The
therapeutic
efforts
of
a
therapeutically
certified
28
licensed
optometrist
are
intended
for
the
purpose
of
29
examination,
diagnosis,
and
treatment
of
visual
defects,
30
abnormal
conditions,
and
diseases
of
the
human
eye
and
adnexa,
31
for
proper
optometric
practice
or
referral
for
consultation
or
32
treatment
to
persons
licensed
under
chapter
148
.
33
g.
A
therapeutically
certified
licensed
optometrist
is
34
an
optometrist
who
is
licensed
to
practice
optometry
in
this
35
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5303YC
(5)
84
jr/nh
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5
H.F.
_____
state
and
who
is
certified
by
the
board
to
use
the
agents
and
1
procedures
authorized
pursuant
to
this
subsection
.
2
5.
4.
Beginning
July
1,
2012,
all
licensed
optometrists
3
shall
meet
requirements
established
by
the
board
by
rule
to
4
employ
diagnostic
and
therapeutic
pharmaceutical
agents
for
the
5
practice
of
optometry.
All
licensees
practicing
optometry
in
6
this
state
shall
have
demonstrated
qualifications
and
obtained
7
certification
to
use
diagnostic
and
therapeutic
pharmaceutical
8
agents
as
a
condition
of
license
renewal.
9
Sec.
3.
Section
154.10,
Code
2011,
is
amended
to
read
as
10
follows:
11
154.10
Standard
of
care.
12
1.
A
diagnostically
certified
licensed
optometrist
13
employing
diagnostic
pharmaceutical
agents
as
authorized
by
14
section
154.1
shall
be
held
to
the
same
standard
of
care
in
the
15
use
of
such
agents
and
in
diagnosis
as
is
common
to
persons
16
licensed
under
chapter
148
in
this
state.
17
2.
A
therapeutically
certified
person
licensed
as
an
18
optometrist
employing
pharmaceutical
agents
as
authorized
19
by
section
154.1
pursuant
to
this
chapter
shall
be
held
to
20
the
same
standard
of
care
in
the
use
of
such
agents
and
in
21
diagnosis
and
treatment
as
is
common
to
persons
licensed
under
22
chapter
148
in
this
state.
23
Sec.
4.
Section
155A.21,
subsection
2,
Code
2011,
is
amended
24
to
read
as
follows:
25
2.
Subsection
1
does
not
apply
to
a
licensed
pharmacy,
26
licensed
wholesaler,
physician,
veterinarian,
dentist,
27
podiatric
physician,
therapeutically
certified
optometrist,
28
advanced
registered
nurse
practitioner,
physician
assistant,
29
a
nurse
acting
under
the
direction
of
a
physician,
or
the
30
board
of
pharmacy,
its
officers,
agents,
inspectors,
and
31
representatives,
or
to
a
common
carrier,
manufacturer’s
32
representative,
or
messenger
when
transporting
the
drug
or
33
device
in
the
same
unbroken
package
in
which
the
drug
or
device
34
was
delivered
to
that
person
for
transportation.
35
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H.F.
_____
EXPLANATION
1
Under
current
law,
only
an
optometrist
who
has
been
2
therapeutically
certified
by
the
board
of
optometry
can
employ
3
all
diagnostic
and
therapeutic
pharmaceutical
agents
for
the
4
purpose
of
diagnosis
and
treatment
of
conditions
of
the
human
5
eye
and
adnexa.
This
bill
eliminates
the
requirements
for
6
special
certification.
7
Current
law
also
requires
that
beginning
July
1,
2012,
all
8
licensed
optometrists
shall
meet
requirements
established
9
by
the
board
by
rule
to
employ
diagnostic
and
therapeutic
10
pharmaceutical
agents
for
the
practice
of
optometry.
All
11
licensees
practicing
optometry
in
this
state
shall
have
12
demonstrated
qualifications
and
obtained
certification
to
use
13
diagnostic
and
therapeutic
pharmaceutical
agents
as
a
condition
14
of
license
renewal.
15
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5303YC
(5)
84
jr/nh
5/
5