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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  
    Laws of Minnesota 1993 

                        CHAPTER 121-H.F.No. 134 
           An act relating to occupations and professions; 
          requiring licensed optometrists to be certified by the 
          board of optometry to prescribe topical legend drugs; 
          authorizing the prescription of topical legend drugs 
          by licensed optometrists who are board certified; 
          requiring health professionals to report occurrences 
          of adverse reactions resulting from optometrist's 
          prescription of topical legend drugs; requiring 
          reports; modifying the definition of practice of 
          medicine; amending Minnesota Statutes 1992, sections 
          147.081, subdivision 3; 147.111, subdivision 4; 
          148.57, subdivision 3; 148.572; 148.574; 151.01, 
          subdivision 23; and 151.37, by adding a subdivision; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 148. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 147.081, 
subdivision 3, is amended to read: 
    Subd. 3.  [PRACTICE OF MEDICINE DEFINED.] For purposes of 
this chapter, a person not exempted under section 147.09 is 
"practicing medicine" or engaged in the "practice of medicine" 
if the person does any of the following:  
    (1) advertises, holds out to the public, or represents in 
any manner that the person is authorized to practice medicine in 
this state; 
    (2) offers or undertakes to prescribe, give, or administer 
any drug or medicine for the use of another; 
    (3) offers or undertakes to prevent or to diagnose, 
correct, or treat in any manner or by any means, methods, 
devices, or instrumentalities, any disease, illness, pain, 
wound, fracture, infirmity, deformity or defect of any person; 
    (4) offers or undertakes to perform any surgical 
operation including any invasive or noninvasive procedures 
involving the use of a laser or laser assisted device, upon any 
person; 
    (5) offers to undertake to use hypnosis for the treatment 
or relief of any wound, fracture, or bodily injury, infirmity, 
or disease; or 
    (6) uses in the conduct of any occupation or profession 
pertaining to the diagnosis of human disease or conditions, the 
designation "doctor of medicine," "medical doctor," "doctor of 
osteopathy," "osteopath," "osteopathic physician," "physician," 
"surgeon," "M.D.," "D.O.," or any combination of these 
designations. 
     Sec. 2.  Minnesota Statutes 1992, section 147.111, 
subdivision 4, is amended to read: 
    Subd. 4.  [LICENSED PROFESSIONALS.] A licensed health 
professional shall report to the board personal knowledge of any 
conduct which the professional reasonably believes constitutes 
grounds for disciplinary action under sections 147.01 to 147.22 
by any physician, including any conduct indicating that the 
physician may be medically incompetent, or may have engaged in 
unprofessional conduct or may be medically or physically unable 
to engage safely in the practice of medicine.  A licensed 
physician or other health professional licensed under chapter 
147 shall also report to the board any occurrence of any adverse 
reaction resulting from an optometrist's prescription, use, or 
administration of any topical legend drug.  Any reports received 
by the board must be reported to the board of optometry.  No 
report shall be required if the information was obtained in the 
course of a physician-patient relationship if the patient is 
another physician and the treating physician successfully 
counsels the other physician to limit or withdraw from practice 
to the extent required by the impairment. 
    Sec. 3.  Minnesota Statutes 1992, section 148.57, 
subdivision 3, is amended to read: 
    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 148.574 148.576 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. 
    Sec. 4.  Minnesota Statutes 1992, section 148.572, is 
amended to read: 
    148.572 [ADVICE TO SEEK DIAGNOSIS AND TREATMENT.] 
    Whether or not topical ocular drugs have been used, if any 
licensed optometrist is informed by a patient or determines from 
examining a patient, using judgment and that degree of skill, 
care, knowledge and attention ordinarily possessed and exercised 
by optometrists in good standing under like circumstances, that 
there are present in that patient signs or symptoms which may be 
evidence of disease that requires treatment that is beyond the 
practice of optometry permitted by law, then the licensed 
optometrist shall (1) promptly advise that patient to seek 
evaluation by an appropriate licensed physician for diagnosis 
and possible treatment and (2) not attempt to treat such 
condition by the use of drugs or any other means.  
    Sec. 5.  Minnesota Statutes 1992, 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 
to any person except as is expressly authorized by sections 
148.571 to 148.573 148.577.  The authorizations in sections 
148.571 to 148.577 apply only to topical legend drugs.  Nothing 
in chapter 151 shall prevent a pharmacist from selling topical 
ocular drugs to an optometrist authorized to use such 
drugs pursuant according to sections 148.571 to 148.573 
148.577.  Notwithstanding section 151.37, an optometrist is 
prohibited from dispensing legend drugs at retail.  
    Sec. 6.  [148.575] [CERTIFICATE REQUIRED FOR USE OF TOPICAL 
LEGEND DRUGS.] 
    Subdivision 1.  [CERTIFICATE REQUIRED FOR USE OF TOPICAL 
LEGEND DRUGS.] A licensed optometrist must be board certified to 
use topical 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 topical 
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 topical 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 by the board on the subject of treatment 
and management of ocular disease prepared, administered, and 
graded by the International Association of Boards of Examiners 
in Optometry or an equivalent national board examination. 
     Subd. 3.  [DISPLAY OF CERTIFICATE REQUIRED.] A certificate 
issued to a licensed optometrist by the board of optometry must 
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 Council 
on Postsecondary Accreditation or the United States Department 
of Education, or their successors. 
    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. 
    Sec. 7.  [148.576] [USE OF TOPICAL LEGEND DRUGS; 
LIMITATIONS; REPORTS.] 
    Subdivision 1.  [AUTHORITY TO PRESCRIBE OR ADMINISTER.] A 
licensed optometrist who is board certified under section 
148.575 may prescribe or administer topical 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. 
    Subd. 2.  [ADVERSE REACTION REPORTS.] An optometrist 
certified to prescribe topical legend drugs shall file with the 
board of optometry within ten working days of its occurrence a 
report on any adverse reaction resulting from the optometrist's 
administration of a drug.  The report must include the 
optometrist's name, address, and license number; the patient's 
name, address, and age; the patient's presenting problem; the 
diagnosis; the agent administered and the method of 
administration; the reaction; and the subsequent action taken. 
    Sec. 8.  [148.577] [STANDARD OF CARE.] 
    A licensed optometrist who is board certified under section 
148.575 is held to the same standard of care in the use of those 
drugs as physicians licensed by the state of Minnesota. 
    Sec. 9.  [148.578] [ADVERSE REACTIONS.] 
    The board of optometry shall report annually to the 
legislature the details of adverse reactions received regarding 
the prescription or administration of topical legend drugs under 
section 148.576, subdivision 2. 
    Sec. 10.  Minnesota Statutes 1992, section 151.01, 
subdivision 23, is amended to read: 
    Subd. 23.  [PRACTITIONER.] "Practitioner" means a licensed 
doctor of medicine, licensed doctor of osteopathy duly licensed 
to practice medicine, licensed doctor of dentistry, licensed 
doctor of optometry, licensed podiatrist, or licensed 
veterinarian.  
    Sec. 11.  Minnesota Statutes 1992, section 151.37, is 
amended by adding a subdivision to read: 
     Subd. 11.  [COMPLAINT REPORTING.] The board of pharmacy 
shall report on a quarterly basis to the board of optometry any 
complaints received regarding the prescription or administration 
of topical legend drugs under section 148.576. 
    Presented to the governor May 10, 1993 
    Signed by the governor May 11, 1993, 5:47 p.m.