HF 1033

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/12/2024 12:40pm

A bill for an act
relating to health occupations; requiring the Board of Optometry to establish the
scope of practice for optometrists; amending Minnesota Statutes 2022, sections
148.53; 148.56, subdivision 2; 148.574; repealing Minnesota Statutes 2022, section
148.56, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 148.53, is amended to read:

148.53 POWERS OF BOARD.

new text begin (a) new text end The state Board of Optometry shall have the power to make any rules and to do any
and all things not inconsistent with law which it may deem necessary or expedient for the
effective enforcement of sections 148.52 to 148.62 or for the full and efficient performance
of its duties thereunder.

new text begin (b) The Board of Optometry shall establish the scope of practice for optometrists licensed
under sections 148.52 to 148.62 in accordance with this section. The scope of practice must
ensure that a licensed optometrist may practice to the highest level of medical eye care. The
board shall not include any practice within the scope that exceeds an optometrist's education
and training.
new text end

Sec. 2.

Minnesota Statutes 2022, section 148.56, subdivision 2, is amended to read:

Subd. 2.

Unlawful practices.

It shall be unlawful for any person who is not licensed as
an optometrist in this state to:

(1) perform any of the actions contained in deleted text begin subdivision 1 deleted text end new text begin the scope of practice for
optometrists established by the board in rule new text end ;

(2) fit, sell, or dispose of, or to take, receive, or solicit any order for the fitting, sale, or
disposition of, any spectacles, eye glasses, or lenses for the correction of vision in any place
within the state other than an established place of business where spectacles, eye glasses,
or lenses are commonly sold and dealt in; or

(3) sell or dispose of, at retail, any spectacles, eye glasses, or lenses for the correction
of vision in any established place of business or elsewhere in this state except under the
supervision, direction, and authority of a duly licensed optometrist who holds a certificate
under sections 148.52 to 148.62, and is in charge of and in personal attendance at the booth,
counter, or place where such articles are sold or disposed of.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day the scope of practice rules under
Minnesota Statutes, section 148.53, paragraph (b), are effective. The Board of Optometry
shall notify the revisor of statutes when the scope of practice rules under Minnesota Statutes,
section 148.53, paragraph (b), are effective.
new text end

Sec. 3.

Minnesota Statutes 2022, section 148.574, is amended to read:

148.574 PROHIBITIONS RELATING TO LEGEND DRUGS.

Notwithstanding sections 151.37 and 152.12, an optometrist is prohibited from dispensing
legend drugs at retail, unless the legend drug is within the scope deleted text begin designated in section 148.56,
subdivision 1 deleted text end new text begin of practice for optometrists established by the board in rule new text end , and is administered
to the eye through an ophthalmic good as defined in section 145.711, subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day the scope of practice rules under
Minnesota Statutes, section 148.53, paragraph (b), are effective. The Board of Optometry
shall notify the revisor of statutes when the scope of practice rules under Minnesota Statutes,
section 148.53, paragraph (b), are effective.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 148.56, subdivision 1, new text end new text begin is repealed effective the day
the scope of practice rules under Minnesota Statutes, section 148.53, paragraph (b), are
effective. The Board of Optometry shall notify the revisor of statutes when the scope of
practice rules under Minnesota Statutes, section 148.53, paragraph (b), are effective.
new text end

APPENDIX

Repealed Minnesota Statutes: 23-01937

148.56 OPTOMETRISTS.

Subdivision 1.

Optometry defined.

(a) Any person shall be deemed to be practicing optometry within the meaning of sections 148.52 to 148.62 who shall in any way:

(1) advertise as an optometrist;

(2) employ any means, including the use of autorefractors or other automated testing devices, for the measurement of the powers of vision or the adaptation of lenses or prisms for the aid thereof;

(3) possess testing appliances for the purpose of the measurement of the powers of vision;

(4) diagnose any disease, optical deficiency or deformity, or visual or muscular anomaly of the visual system consisting of the human eye and its accessory or subordinate anatomical parts;

(5) prescribe lenses, including plano or cosmetic contact lenses, or prisms for the correction or the relief of same;

(6) employ or prescribe ocular exercises, orthoptics, or habilitative and rehabilitative therapeutic vision care; or

(7) prescribe or administer legend drugs to aid in the diagnosis, cure, mitigation, prevention, treatment, or management of disease, deficiency, deformity, or abnormality of the human eye and adnexa included in the curricula of accredited schools or colleges of optometry, and as limited by Minnesota statute and adopted rules by the Board of Optometry, or who holds oneself out as being able to do so.

(b) In the course of treatment, nothing in this section shall allow:

(1) legend drugs to be administered intravenously, intramuscularly, or by injection, except for treatment of anaphylaxis;

(2) invasive surgery including, but not limited to, surgery using lasers;

(3) Schedule II and III oral legend drugs and oral steroids to be administered or prescribed;

(4) oral antivirals to be prescribed or administered for more than ten days; or

(5) oral carbonic anhydrase inhibitors to be prescribed or administered for more than seven days.