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HF 2837

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to optometrist; changing practice and licensing provisions; amending
Minnesota Statutes 2006, sections 148.56; 148.57; 148.571; 148.573, subdivision
1; 148.574; 148.575; repealing Minnesota Statutes 2006, section 148.573,
subdivisions 2, 3; Minnesota Rules, part 6500.2100.

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

Section 1.

Minnesota Statutes 2006, section 148.56, is amended to read:


148.56 OPTOMETRISTS.

Subdivision 1.

Optometry defined.

new text begin(a) new text endAny person shall be deemed to be practicing
optometry within the meaning of sections 148.52 to 148.62 deleted text beginwho shall display a sign, such
as an eye, a pair of eyes, a pair of glasses or spectacles, or
deleted text end who shall in any waynew text begin:
new text end

new text begin (1)new text end advertise as an optometristdeleted text begin,deleted text endnew text begin;new text end or

new text begin (2) new text enddeleted text beginwho shalldeleted text end employ any means for the measurement of the powers of vision or
the adaptation of lenses or prisms for the aid thereofdeleted text begin,deleted text endnew text begin;new text end or

new text begin (3)new text end possess testing appliances for the purpose of the measurement of the powers
of visiondeleted text begin,deleted text endnew text begin;new text end or

new text begin (4)new text end diagnose any new text begindisease, new text endoptical deficiency or deformity,new text begin ornew text end visual or muscular
anomaly of the human eyedeleted text begin,deleted text endnew text begin;new text end or

new text begin (5)new text end prescribe lenses, prisms, or ocular exercises for the correction or the relief of
samedeleted text begin,deleted text endnew text begin; or
new text end

new text begin (6)new text end new text beginprescribe 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,
new text endor who holds oneself out as being able to do so.

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

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

new text begin (2) invasive surgery including, but not limited to, surgery using lasers;
new text end

new text begin (3) schedule II and III oral legend drugs and oral steroids to be administered or
prescribed;
new text end

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

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

Subd. 2.

Unlawful practices.

It shall be unlawful for any person who is not licensed
as an optometrist in this state tonew text begin:
new text end

new text begin(1) perform any of the actions contained in subdivision 1;
new text end

new text begin (2) new text endfit, 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 deleted text beginwherein suchdeleted text endnew text begin wherenew text end
spectacles, eye glasses, or lenses are commonly sold and dealt indeleted text begin; and it shall be unlawful
for any person, not licensed as an optometrist thereunder, to
deleted text endnew text begin; or
new text end

new text begin (3)new text end 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 deleted text beginholdingdeleted text endnew text begin who holdsnew text end a
certificate under sections 148.52 to 148.62, deleted text beginwho shall bedeleted text endnew text begin and isnew text end in charge of and in personal
attendance at the booth, counter, or place where such articles are sold or disposed of.

Subd. 3.

Unregulated sales.

Nothing in sections 148.52 to 148.62 shall be
construed to apply to the sale of toy glasses, goggles consisting of plano-white or
plano-colored lenses or ordinary colored glasses or to the replacement of duplications
of broken lenses, nor to sales upon prescription from persons legally authorized by the
laws of this state to examine eyes and prescribe glasses therefor, nor shall it apply to
regularly licensed physicians and surgeons. Sections 148.52 to 148.62 also do not apply
to the sale of spectacles, used for reading and containing only simple lenses having a
plus power of up to and including 3.25, if no attempt is made to test the eyes. The term
"simple lenses" does not include bifocals. The seller shall prominently display a sign on
the counter or rack or other display device where the spectacles are offered for sale that
reads as follows: "If you have experienced a vision loss, the selection of these glasses
should not take the place of an eye exam."

Subd. 4.

License required.

It shall be unlawful for any person to engage in
the practice of optometry without first procuring deleted text beginand filing for record a certificate of
registration as a licensed optometrist pursuant to this section
deleted text endnew text begin a license from the state
Board of Optometry
new text end.

Sec. 2.

Minnesota Statutes 2006, section 148.57, is amended to read:


148.57 LICENSE.

Subdivision 1.

Examination.

(a) A person not authorized to practice optometry in
the state and desiring to do so shall apply to the deleted text begindirector of thedeleted text end state Board of Optometry
deleted text begin and pay to the boarddeleted text endnew text begin by filling out and swearing to an application for a license granted by
the board and accompanied by
new text end a fee in an amount deleted text beginset by the boarddeleted text endnew text begin of $87new text end. deleted text beginThe candidate
desiring to apply to the board shall complete a form furnished by the board.
deleted text end With the
submission of the application form, the candidate shall prove that the candidate:

(1) is of good moral character;

(2) has obtained a clinical doctorate new text begindegree new text endfrom deleted text beginan optometrydeleted text endnew text begin a board-approvednew text end
school deleted text beginrequiring at least two academic years of preprofessional training for admittance
to the school and which has been approved by the board
deleted text endnew text begin or college of optometrynew text end, or is
currently enrolled in the final year of study at such deleted text begina schooldeleted text endnew text begin an institutionnew text end; and

(3) new text beginhas new text endpassed all parts of an examination.

(b) The examination shall include both a written portion and a clinical practical
portion and shall thoroughly test the fitness of the candidate to practice in this state. In
regard to the written and clinical practical examinations, the board may:

(1) prepare, administer, and grade the examination itself;

(2) recognize and approve in whole or in part an examination prepared, administered
and graded by a national board of examiners in optometry; or

(3) administer a recognized and approved examination prepared and graded by or
under the direction of a national board of examiners in optometry.

(c) The board shall issue a license to each applicant who satisfactorily passes the
examinations and fulfills the other requirements stated in this sectionnew text begin and section 148.575
for board certification for the use of legend drugs. Applicants for initial licensure do not
need to apply for or possess a certificate as referred to in sections 148.571 to 148.574
new text end.
deleted text begin The applicant shall pay to the board a fee as set by the board upon issuance of the license.
In the event the candidate fails to pass a part of the examination, upon the payment of an
additional fee as set by the board, the candidate may reapply to the Board of Optometry.
deleted text end
deleted text begindeleted text end The fees mentioned in this section are for the use of the board and in no case shall be
refunded.

Subd. 2.

deleted text beginReciprocitydeleted text endnew text begin Endorsementnew text end.

deleted text beginA persondeleted text endnew text begin An optometristnew text end who holds a
deleted text begin certificate of registration, ordeleted text end new text begin current new text endlicensedeleted text begin,deleted text end from another state, and who has practiced
new text begin in that statenew text endnew text begin new text endnot less than three years deleted text beginin that statedeleted text endnew text begin immediately preceding applicationnew text end, may
apply for licensure in Minnesota by filling out and swearing to an application for license
by deleted text beginreciprocity formdeleted text end new text beginendorsement new text endfurnished by the board deleted text beginand by filing that form with the
board secretary along with a fee as set by the board at least two weeks prior to the regular
meeting at which the board is considering such applications
deleted text end. new text beginThe completed application
with all required documentation shall be filed at the board office along with a fee of $87.
new text endThe application fee deleted text beginas set by the boarddeleted text end shall be for the use of the board and in no case shall
be refunded. To verify that the applicant possesses the knowledge and ability essential to
the practice of optometry in this state, the deleted text beginboard may for good cause request the applicant
to perform a practical demonstration to its satisfaction.
deleted text end new text beginapplicant must provide evidence of:
new text end

new text begin (1) having obtained a clinical doctorate degree from a board-approved school
or college of optometry;
new text end

new text begin (2) successful completion of both written and practical examinations for licensure in
the applicant's original state of licensure that thoroughly tested the fitness of the applicant
to practice;
new text end

new text begin (3) successful completion of an examination of Minnesota state optometry laws;
new text end

new text begin (4) compliance with the requirements for board certification in section 148.575;
new text end

new text begin (5) compliance with all continuing education required for license renewal in every
state in which the applicant currently holds an active license to practice; and
new text end

new text begin (6) being in good standing with every state board from which a license has been
issued.
new text end

new text begin Documentation from a national certification system or program, approved by the
board, which supports any of the listed requirements, may be used as evidence.
new text endThe
applicant may then be issued a license if the requirements for deleted text beginregistration ordeleted text end licensure in
the other state are deemed by the board to be equivalent to those of sections 148.52 to
148.62deleted text begin; provided, that the other state accords like privileges to holders of certificates
from the Minnesota board
deleted text end.

Subd. 3.

Revocation, suspension.

The board may revoke the license or suspend
or restrict the right to practice of any person who has been convicted of any violation of
sections 148.52 to 148.62 or of any other criminal offense, or who violates any provision
of sections 148.571 to 148.576 or who is found by the board to be incompetent or guilty
of unprofessional conduct. "Unprofessional conduct" means any conduct of a character
likely to deceive or defraud the public, including, among other things, free examination
advertising, the loaning of a license by any licensed optometrist to any person; the
employment of "cappers" or "steerers" to obtain business; splitting or dividing a fee with
any person; the obtaining of any fee or compensation by fraud or misrepresentation;
employing directly or indirectly any suspended or unlicensed optometrist to perform any
work covered by sections 148.52 to 148.62; the advertising by any means of optometric
practice or treatment or advice in which untruthful, improbable, misleading, or impossible
statements are made. After one year, upon application and proof that the disqualification
has ceased, the board may reinstate such person.

Subd. 4.

Peddling or canvassing forbidden.

Every licensed optometrist who
shall temporarily practice optometry outside or away from the regular registered place
of business shall display the license and deliver to each customer or person there
fitted or supplied with glasses a receipt or record which shall contain the signature,
permanent registered place of business or post office address, and number of license of
the optometrist, together with the amount charged therefor, but nothing contained in this
section shall be construed as to permit peddling or canvassing by licensed optometrists.

Sec. 3.

Minnesota Statutes 2006, section 148.571, is amended to read:


148.571 USE OF TOPICAL OCULAR DRUGS.

Subdivision 1.

Authority.

Subject to the provisions of sections deleted text begin148.57, subdivision
3
, and
deleted text end 148.571 to 148.574, deleted text beginlicenseddeleted text end optometrists new text beginwho are currently licensed on August
1, 2007, and are not board certified under section 148.575
new text endmay new text beginpossess a valid topical
ocular drug certificate, referred to in sections 148.571 to 148.574, allowing them to
new text endadminister topical ocular drugs to the anterior segment of the human eye during an eye
examination in the course of practice in their normal practice setting, solely for the
purposes of determining the refractive, muscular, or functional origin of sources of visual
discomfort or difficulty, and detecting abnormalities which may be evidence of disease.
new text begin Authority granted under sections 148.571 to 148.574 is granted to optometrists who are
board certified under section 148.575.
new text end

Subd. 2.

Drugs specified.

For purposes of sections deleted text begin148.57, subdivision 3, anddeleted text end
148.571 to 148.574, "topical ocular drugs" means:

(1) commercially prepared topical anesthetics as follows: proparacaine HC1 0.5
percent, tetracaine HC1 0.5 percent, and benoxinate HC1 0.4 percent;

(2) commercially prepared mydriatics as follows: phenylephrine HC1 in strength
not greater than 2.5 percent and hydroxyamphetamine HBr in strength not greater than
1 percent; and

(3) commercially prepared cycloplegics/mydriatics as follows: tropicamide in
strength not greater than 1 percent and cyclopentolate in strength not greater than 1 percent.

Sec. 4.

Minnesota Statutes 2006, section 148.573, subdivision 1, is amended to read:


Subdivision 1.

Certificate required.

A licensed optometrist shall not purchase,
possess or administer any topical ocular drugs unlessdeleted text begin, after August 1, 1982,deleted text end the optometrist
has obtained a new text begintopical ocular drug new text endcertificate from the Board of Optometry certifying that
the optometrist has complied with the deleted text beginfollowingdeleted text end requirementsdeleted text begin:deleted text endnew text begin in paragraphs (a) and (b).
new text end

(a) Successful completion of 60 classroom hours of study in general and clinical
pharmacology as it relates to the practice of optometry, with particular emphasis on the
use of topical ocular drugs for examination purposes. At least 30 of the 60 classroom
hours shall be in ocular pharmacology and shall emphasize the systemic effects of and
reactions to topical ocular drugs, including the emergency management and referral of any
adverse reactions that may occur. The course of study shall be approved by the Board
of Optometry, and shall be offered by an institution which is accredited by a regional
or professional accreditation organization recognized or approved by the Council on
Postsecondary Education or the United States Department of Education or their successors.
The course shall be completed prior to entering the examination required by this sectiondeleted text begin;deleted text endnew text begin.
new text end

(b) Successful completion of an examination approved by the Board of Optometry
on the subject of general and ocular pharmacology as it relates to optometry with
particular emphasis on the use of topical ocular drugs, including emergency management
and referral of any adverse reactions that may occurdeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (c) Successful completion, after August 1, 1982, of a course in cardiopulmonary
resuscitation offered or approved by the Red Cross, American Heart Association, an
accredited hospital, or a comparable organization or institution; and
deleted text end

deleted text begin (d) Establishment, after August 1, 1982, of an emergency plan for the management
and referral to appropriate medical services of patients who may experience adverse
drug reactions resulting from the application of topical ocular drugs. The plan must be
approved by the Board of Optometry and shall, at least, require the optometrist to:
deleted text end

deleted text begin (1) Refer patients who notify the optometrist of an adverse drug reaction to
appropriate medical specialists or facilities;
deleted text end

deleted text begin (2) Routinely advise the patient to immediately contact the optometrist if the patient
experiences an adverse reaction;
deleted text end

deleted text begin (3) Place in the patient's permanent record information describing any adverse drug
reaction experienced by the patient, and the date and time that any referral was made; and
deleted text end

deleted text begin (4) Include in the plan the names of at least three physicians, physician clinics, or
hospitals to whom the optometrist will refer patients who experience an adverse drug
reaction. At least one of these physicians shall be skilled in the diagnosis and treatment of
diseases of the eye.
deleted text end

Sec. 5.

Minnesota Statutes 2006, section 148.574, is amended to read:


148.574 PROHIBITIONS RELATING TO LEGEND DRUGS;
AUTHORIZING SALES BY PHARMACISTS UNDER CERTAIN CONDITIONS.

An optometrist shall not purchase, possess, administer, prescribe or give any legend
drug as defined in section 151.01 or 152.02 to any person except as is expressly authorized
by sections 148.571 to 148.577. Nothing in chapter 151 shall prevent a pharmacist from
selling topical ocular drugs to an optometrist authorized to use such drugs according to
sections 148.571 to 148.577. Notwithstanding sections 151.37 and 152.12, an optometrist
is prohibited from dispensing legend drugs at retailnew text begin, unless the legend drug is within the
scope designated in section 148.56, subdivision 1, and is administered to the eye through
an ophthalmic good as defined in section 145.711, subdivision 4
new text end.

Sec. 6.

Minnesota Statutes 2006, section 148.575, is amended to read:


148.575 CERTIFICATE REQUIRED FOR USE OF TOPICAL LEGEND
DRUGS.

Subdivision 1.

Certificate required for use of legend drugs.

A licensed optometrist
must be board certified to use legend drugs for therapy under section 148.576.

Subd. 2.

Board certified defined.

"Board certified" means that a licensed
optometrist has been issued a certificate by the Board of Optometry certifying that the
optometrist has complied with the following requirements for the use of legend drugs
described in section 148.576:

(1) successful completion of at least 60 hours of study in general and ocular
pharmacology emphasizing drugs used for examination or treatment purposes, their
systemic effects and management or referral of adverse reactions;

(2) successful completion of at least 100 hours of study in the examination,
diagnosis, and treatment of conditions of the human eye with legend drugs;

(3) successful completion of two years of supervised clinical experience in
differential diagnosis of eye disease or disorders as part of optometric training or one year
of that experience and ten years of actual clinical experience as a licensed optometrist; and

(4) successful completion of a nationally standardized examination approved
new text begin or administered new text endby the board on the subject of treatment and management of ocular
disease deleted text beginprepared, administered, and graded by the International Association of Boards of
Examiners in Optometry or an equivalent national board examination
deleted text end.

Subd. 3.

Display of certificate required.

A certificate issued new text beginunder this section
new text endto a licensed optometrist by the Board of Optometry new text beginsupersedes any previously issued
certificate limited to topical ocular drugs described in sections 148.571 to 148.574 and
new text endmust be displayed in a prominent place in the licensed optometrist's office.

Subd. 4.

Accreditation of courses.

The Board of Optometry may approve courses
of study in general or ocular pharmacology and examination, diagnosis, and treatment
of conditions of the human eye only if they are taught by an institution that meets the
following criteria:

(1) the institution has facilities for both didactic and clinical instruction in
pharmacology and ocular disease treatment;

(2) the institution certifies to the Board of Optometry that the course of instruction is
comparable in content to courses of instruction required by other health-related licensing
boards whose license holders or registrants are permitted to administer pharmaceutical
agents in their professional practice for either diagnostic or therapeutic purposes or
both; and

(3) the institution is accredited by a regional or professional accrediting organization
recognized by the deleted text beginCouncil on Postsecondary Accreditation or the United States
Department of Education,
deleted text end new text beginCouncil for Higher Education Accreditation new text endor deleted text begintheir successorsdeleted text endnew text begin
its successor agency
new text end.

Subd. 5.

Notice to Board of Pharmacy.

The Board of Optometry shall notify the
Board of Pharmacy of each licensed optometrist who meets the certification requirements
in this section.

new text begin Subd. 6. new text end

new text begin Board certification required. new text end

new text begin Optometrists who were licensed in this state
prior to August 1, 2007, must have met the board certification requirements under this
section by August 1, 2012, in order to renew their license.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Rules, part 6500.2100, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2006, section 148.573, subdivisions 2 and 3, new text end new text begin are repealed.
new text end