SF 985

as introduced - 90th Legislature (2017 - 2018) Posted on 02/16/2017 09:05am

A bill for an act
relating to health occupations; prohibiting certain activities unless performed or
supervised by optometrists or licensed physicians; proposing coding for new law
in Minnesota Statutes, chapter 145.

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

Section 1.

new text begin [145.7125] PROHIBITED ACTIVITY.
new text end

new text begin Subdivision 1. new text end

new text begin Restrictions. new text end

new text begin (a) No person may use objective or subjective means to
determine the accommodative or refractive condition or range of power of vision or muscular
equilibrium of the human eye, unless used in person by a licensee or performed under direct
supervision of a licensee.
new text end

new text begin (b) No person may use an automated refractor or other automated testing device to
generate objective or subjective refractive data unless used in person or under direct
supervision of a licensee.
new text end

new text begin (c) No person may prescribe ophthalmic goods based on a determination or data generated
from an activity or device prohibited under paragraph (a) or (b) unless the activity or device
is used as part of an in-person examination by a licensee or under the direct supervision of
a licensee.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the definitions in this subdivision
have the meaning given them.
new text end

new text begin (b) "Direct supervision" means that the licensee is physically present and immediately
available to provide services or monitoring, or provide instruction to a technician or other
assistant or employee of the licensee who is performing the activity.
new text end

new text begin (c) "In person" or "in-person examination" means an examination or activity that is
personally performed by a licensee who is at the same physical location as the patient.
new text end

new text begin (d) "Licensee" means a physician licensed under chapter 147 or an optometrist licensed
under sections 148.52 to 148.62.
new text end