Chapter
101
2007 -- H 5666 SUBSTITUTE A AS AMENDED
Enacted 06/27/07
A N A C T
RELATING
TO BUSINESS AND PROFESSIONS - OPTOMETRISTS
Introduced
By: Representatives San Bento, Winfield, and Lewiss
Date
Introduced: February 28, 2007
It is enacted by the General Assembly as
follows:
SECTION 1.
Sections 5-35-1, 5-35-1.2, 5-35-2, 5-35-7, 5-35-8, 5-35-9, 5-35-14 and 5-
35-15 of the General Laws in Chapter 5-35
entitled "Optometrists" are hereby amended to read as
follows:
5-35-1.
"Optometry" and "optician" defined. -- (a)
"Optometry" is defined as the
profession whose practitioners are engaged in
the art and science of the evaluation of vision and
the examination of vision and the examination
and refraction of the human eye which includes:
the employment of any objective or subjective
means for the examination of the human eye or its
appendages; the measurement of the powers or
range of human vision or the determination of the
accommodative and refractive powers of the human
eye or the scope of its functions in general
and the adaptation of lenses, prisms, and/or
frames for the aid of these; the prescribing, directing
the use of or administering ocular exercises,
visual training, vision training, or orthopedics
orthoptics, and the use of any optical device in
connection with these; the prescribing of contact
lenses for, or the fitting or adaptation of
contact lenses to the human eye; the examination or
diagnosis of the human eye to ascertain the presence
of abnormal conditions or functions; and the
topical application of pharmaceutical agents
drugs to the eye to wit, mydriatics, miotics, and the
use of topical anesthetics; provided, that no
optometrist licensed in this state shall treat by the use
of these drugs or attempt to perform any surgery and
is used only for the purpose of detecting any
diseased or pathological condition of the eye,
or the effects of any disease or pathological
condition of the eye. With respect to
presently licensed optometrists, only presently licensed
optometrists who: (1) have satisfactorily
completed a course in pharmacology, as it applies to
optometry, at an institution accredited by a
regional or professional accreditation organization
which is recognized by the national commission
on accreditation, with particular emphasis on the
topical application of drugs to the eye for the
purposes of detecting any diseased or pathological
condition of the eye; or the effects of any
disease or pathological condition of the eye, approved
by the board of examiners in optometry and the
chief of pharmacy of the department of health;
and (2) have successfully completed an
examination given by the board of examiners in
optometry in conjunction with the chief of
pharmacy of the department of health, or (2)(i) have
successfully passed all sections of the national
board of examiners in optometry (NBEO)
examination; and (ii) the treatment and
management of ocular disease (TMOD) examination shall
be permitted to apply drugs pharmaceutical
agents topically to the eye for the purpose of
detecting any diseased or pathological condition
of the eye, or the effects of any disease or
pathological condition of the eye. The chief
of pharmacy shall consult and advise the board of
examiners in optometry with respect to that
portion of the examination dealing with
pharmacology.
(b) An
"optician" is defined as a person who neither practices nor professes
to practice
optometry but who may grind ophthalmic lenses, fit
spectacles and eyeglasses and may sell
spectacles and eyeglasses or lenses on
prescription from either a licensed physician or licensed
optometrist, nor may an optician fit, sell,
replace, or dispense contact lenses.
5-35-1.2. Certification
of optometrists in use of therapeutic pharmaceuticals. --
Certification of optometrists in use of
therapeutic pharmaceuticals for those licensed to
January 1, 2007. -- (a) To be certified in
the use of therapeutic pharmaceuticals, an optometrist
must:
(1) Have graduated
from an accredited college of optometry; and
(2) Have
satisfactorily passed, prior to commencing the clinical therapeutic training as
stated in subsection (b) of this section, the
International Association of Boards of Optometry
Examination in "The Treatment and
Management of Ocular Disease" as approved by the director;
and (3) Have successfully completed clinical
therapeutic training with a board certified
ophthalmologist; and
(4) Have
satisfactorily passed the clinical competency examination administered by the
board.
(b) Clinical
therapeutic training shall consist of a minimum of seventy-two (72) hours of
direct therapeutic management of ocular disease,
which training shall occur as part of any
internship requirement mandated under applicable
rules and regulations. The seventy-two (72)
hours of clinical training may run concurrently
with and shall be credited toward any internship
requirements mandated by law or regulation.
(c) The board
certified ophthalmologist referenced in subdivision (a)(3) of this section
shall be responsible for supervising the
clinical training and shall be responsible to certify to the
board of examiners in optometry that the
optometrist seeking licensure has satisfactorily
completed the previously referenced clinical
training and that, during the training, participated in
the diagnosis, treatment and management of the
following numbers of patients with the following
conditions:
Patients with
diseases of the eyelid 50
Patients with
diseases of the conjunctiva 50
Patients with
diseases of the cornea 50
(d) The ratio of
ophthalmologists to optometrists seeking certification for the clinical
training shall be preferably 1:2 and shall not
exceed 1:4.
5-35-2.
Board of examiners for optometry – Appointment of members. -- The
director of the department of health, with the
approval of the governor, shall appoint a board of
examiners for optometry. The board shall consist
of five (5) examiners, four (4) of whom shall be
residents of the state actually engaged in the
practice of optometry for at least five (5) years prior
to their appointment and there shall be one
public member appointed by the governor. No
member of the board shall be a stockholder, member
of the faculty or of the board of trustees of
any school of optometry or financially
interested in any manufacturing or wholesale optical firm.
5-35-7. Eligibility
to take examination for license to practice optometry. Eligibility
for license to practice optometry. -- Any citizen, or legal
resident of the United States not less
than eighteen (18) years of age and of good
moral character, who attended at least two (2) years
of an undergraduate college, and who also graduated from
a school or college of optometry
approved by the division of professional
regulation which maintains a course in optometry of not
less than four (4) years, is eligible to take
the examination upon presenting satisfactory evidence
in the form of affidavits. for licensure.
5-35-8. Application
for examination and license. Application for examination and
license.-- Every person desiring to be licensed to
practice optometry as provided in this chapter
shall file with the division of professional
regulation, in the form prescribed by the division, an
application, verified by oath, presenting the
facts which entitle the applicant to examination and a
license to practice optometry under this
chapter.
5-35-9. Fee
for examination and license. Fee for license. -- Every applicant
shall pay to
the division of professional regulation a fee of
fifty dollars ($50.00) which shall accompany his or
her application for examination including
a certificate of license.
5-35-14.
Issuance, registration, and display of certificate of license to practice
optometry. -- Every applicant who
passes the examination provided for in section 5-35-10, and
who complies with the provisions of this
chapter, shall receive from the director of the
department of health, under his or her seal, a
certificate of license entitling him or her to practice
optometry in this state. This certificate shall
be registered in a record book to be properly kept by
the division of professional regulation for that
purpose, which shall be open to public inspection,
and a certified copy of that record shall be
received as evidence in all courts of this state in the
trial of any case. Every person to whom a
certificate of license is issued by the division shall keep
that certificate displayed in a conspicuous
place in the office or place of business where that
person practices optometry and, whenever
required, shall exhibit the certificate to any authorized
representative of the division.
5-35-15.
Renewal of license to practice optometry. -- Every licensed optometrist
who
desires to continue the practice of optometry
shall present satisfactory evidence to the board of
examiners for optometry and approved by rule or
regulation by the board of examiners for
optometry that the practitioner has completed a
prescribed course of continuing optometric
education or related health fields; and
annually, in the month of January, shall pay to the division
of professional regulation a renewal fee of one
hundred twenty-five dollars ($125) for which he
or she shall receive a renewal of his or her
certificate of license for one year. In case of neglect or
refusal to pay, the division shall revoke or
suspend that certificate; provided, that no certificate of
license shall be suspended or revoked without
first giving sixty (60) days' notice in each case of
neglect or refusal, and within that period, any
optometrist has the right to receive a renewal of
that certificate on payment of the renewal fee,
together with an added penalty of fifty dollars
($50.00). Retirement from practice in this state
for a period not exceeding five (5) years shall not
deprive the holder of a certificate of license
of the right to renew a certificate upon the payment of
all annual renewal fees remaining unpaid, and a
further fee of fifty dollars ($50.00) as an added
penalty. Any person holding a certificate
issued by the director of public health prior to May 2,
1936, authorizing that person to practice
optometry in this state, shall be entitled, upon
application to the division of professional
regulation and the payment of the previously prescribed
renewal fee, to receive a certificate of license
authorizing him or her to practice optometry in this
state.
SECTION 2.
Sections 5-35-6, 5-35-10, 5-35-11 and 5-35-12 of the General Laws in
Chapter 5-35 entitled "Optometrists"
are hereby repealed
5-35-6.
License required for practice of optometry. -- Every person
desiring to practice
optometry in the state shall take the examination
in optometry provided for in this chapter and
shall fulfill the other requirements provided in
this chapter.
5-35-10.
Scope of examination in optometry. -- The standard examination
in optometry
shall consist of tests in practical, theoretical,
and physiological optics, in practical and theoretical
optometry, the anatomy and physiology of the eye
and in pathology as applied to optometry and
in pharmacology as it applies to optometry with
particular emphasis on the topical application of
drugs, as defined in section 5-35-1, to the eye
for the purpose of detecting any diseased or
pathological condition of the eye, or the
effects of any disease or pathological condition of the
eye.
5-35-11.
Conduct of examinations in optometry. -- The division of
professional
regulation shall hold at least two (2)
examinations each year. In case of failure in any one subject
of the examination, the applicant, after the
expiration of six (6) months and within two (2) years,
may take an examination in that subject upon
payment to the division of an additional fee of fifty
dollars ($50.00) for each examination. The
results of the examination are to be made known to
the applicant within sixty (60) days of the date
of those examinations.
5-35-12.
Internship in optometry. -- Every applicant, after complying
with all the
requirements of this chapter and after
satisfactorily passing the written examinations in optometry
presented by the division of professional
regulation, before receiving the prescribed practical
examination and certificate to practice
optometry, shall be required to spend an internship in
optometry for a period of six (6) months under
the supervision of a registered optometrist or a
licensed doctor of medicine practicing ophthalmology.
SECTION 3 Chapter
5-35 of the General Laws entitled "Optometrists" is hereby
amended by adding thereto the following section:
5-35-1.3.
Certification of optometrists in use of therapeutic pharmaceuticals for
those seeking initial licensure on or after
January 1, 2007. – To be certified in the use of
therapeutic pharmaceuticals, an optometrist
must:
(1) Have
graduated from an accredited college of optometry;
(2) Have: (i)
successfully passed all sections of the National Board of Examiners in
Optometry (NBEO) examination; and (ii) the
Treatment and Management of Ocular Disease
(TMOD) examination.
SECTION 4. This
act shall take effect upon passage.
=======
LC02154/SUB
A
=======