Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 224 First Substitute (2022GS)

Sponsor

Rep. Dunnigan, J.

Final action

House/ filed 3/4/2022

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• amends definitions;
• amends provisions relating to application for licensure as an optometrist; and
• amends provisions relating to the scope of practice of an optometrist.

Every vote on this bill

Bill text

OPTOMETRIST PRACTICE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends the Utah Optometry Practice Act.
Highlighted Provisions:
This bill:
▸ amends definitions;
▸ amends provisions relating to application for licensure as an optometrist; and
▸ amends provisions relating to the scope of practice of an optometrist.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-16a-102
, as last amended by Laws of Utah 2020, Chapter 339
58-16a-302
, as last amended by Laws of Utah 2020, Chapter 339
58-16a-601
, as last amended by Laws of Utah 2017, Chapter 292
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-16a-102
 is amended to read:
58-16a-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) "Board" means the Optometrist Licensing Board created in Section 
58-16a-201
.
(2) "Contact lens" means any lens that:
(a) has a spherical, cylindrical, or prismatic power or curvature;
(b) is made pursuant to a current prescription; and
(c) is intended to be worn on the surface of the eye.
(3) (a) "Contact lens prescription" means a written or verbal order for contact lenses
that includes:
(i) the commencement date of the prescription;
(ii) the base curve, power, diameter, material or brand name, and expiration date;
(iii) for a written order, the signature of the prescribing optometrist or physician; and
(iv) for a verbal order, a record maintained by the recipient of:
(A) the name of the prescribing optometrist or physician; and
(B) the date when the prescription was issued or ordered.
(b) A prescription may include:
(i) a limit on the quantity of lenses that may be ordered under the prescription if
required for medical reasons documented in the patient's files; and
(ii) the expiration date of the prescription, which shall be two years from the
commencement date, unless documented medical reasons require otherwise.
(c) When a provider prescribes a private label contact lens for a patient the prescription
shall include:
(i) the name of the manufacturer;
(ii) the trade name of the private label brand; and
(iii) if applicable, the trade name of the equivalent national brand.
(4) "Contact lens prescription verification" means a written request from a person who
sells or provides contact lenses that:
(a) is sent to the prescribing optometrist or physician; and
(b) seeks the confirmation of the accuracy of a patient's prescription.
(5) "Eye and its adnexa" means the human eye and all structures situated 
around and
within the orbit, including the conjunctiva, lids, lashes, and lacrimal system.
(6) "Fitting of a contact lens" means:
(a) the using of a keratometer to measure the human eye;
(b) utilizing refractive data provided by a licensed optometrist or ophthalmologist; and
(c) trial fitting of contact lenses, which includes a period of time for evaluation for fit
and performance, to determine a tentative contact lens prescription for a patient if the patient:
(i) has not worn contact lenses before; or
(ii) has changed to a different type or base curve.
[
(7) "Laser surgery" means surgery in which human tissue is cut, burned, or vaporized
by means of laser or ionizing radiation.
]
[
(8)
] 
(7)
 "Ophthalmic lens" means any lens used to treat the eye and that:
(a) has a spherical, cylindrical, or prismatic power;
(b) is made pursuant to an unexpired prescription; and
(c) is intended to be used in eyeglasses or spectacles.
[
(9)
] 
(8)
 "Optometric assistant" means an [
unlicensed
] individual 
who is not licensed
under this chapter
:
(a) working under the [
direct and immediate
] 
indirect
 supervision of a licensed
optometrist; and
(b) engaged in specific tasks assigned by the licensed optometrist in accordance with
the standards and ethics of the profession.
[
(10)
] 
(9)
 "Optometrist" or "optometric physician" means an individual licensed under
this chapter. 
[
(11)
] 
(10)
 "Optometry" and "practice of optometry" mean any one or any combination
of the following practices:
(a) examination of the human eye and its adnexa to detect and diagnose defects or
abnormal conditions;
(b) determination or modification of the accommodative or refractive state of the
human eye or its range or power of vision by administration and prescription of pharmaceutical
agents or the use of diagnostic instruments;
(c) [
prescription, ordering, administration, or adaptation of
] 
prescribing, ordering,
administering, or adapting
 ophthalmic lenses, contact lenses, ophthalmic devices,
pharmaceutical agents, laboratory tests, or ocular exercises to diagnose and treat diseases,
defects, or other abnormal conditions of the human eye and its adnexa;
(d) display of any advertisement, circular, sign, or device offering to:
(i) examine the eyes;
(ii) fit glasses or contact lenses; or
(iii) adjust frames;
(e) removal of a foreign body from the eye or its adnexa, that is not deeper than the
anterior 1/2 of the cornea; and
(f) consultation regarding the eye and its adnexa with other appropriate health care
providers, including referral to other appropriate health care providers.
[
(12)
] 
(11)
 "Pharmaceutical agent" means any diagnostic or therapeutic drug or
combination of drugs that has the property of assisting in the diagnosis, prevention, treatment,
or mitigation of abnormal conditions or symptoms of the eye and its adnexa.
[
(13)
] 
(12)
 "Physician" has the same meaning as defined in Sections 
58-67-102
 and
58-68-102
.
[
(14)
] 
(13)
 "Prescription drug" has the same definition as in Section 
58-17b-102
.
[
(15)
] 
(14)
 "Unexpired" means a prescription that was issued:
(a) for ophthalmic lenses which does not expire unless the optometrist or physician
includes an expiration date on the prescription based on medical reasons that are documented
in the patient's file; and
(b) in accordance with Subsection (3) for a contact lens.
Section 2. Section 
58-16a-302
 is amended to read:
58-16a-302.
Qualifications for licensure.
(1) An applicant for licensure as an optometrist shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the division under Section 
63J-1-504
;
(c) (i) be a doctoral graduate of a recognized school of optometry accredited by the
American Optometric Association's Accreditation Council on Optometric Education; or
(ii) be a graduate of a school of optometry located outside the United States that meets
the criteria that would qualify the school for accreditation under Subsection (1)(c)(i), as
demonstrated by the applicant for licensure;
(d) if the applicant graduated from a recognized school of optometry prior to July 1,
1996, have successfully completed a course of study [
satisfactory to
] 
approved by
 the division,
in consultation with the board, in general and ocular pharmacology and emergency medical
care;
(e) have passed examinations approved by the division in consultation with the board
that include:
(i) a standardized national optometry examination;
(ii) a standardized clinical examination; and
(iii) a standardized national therapeutics examination; and
(f) meet with the board and representatives of the division, if requested by either party,
for the purpose of evaluating the applicant's qualifications for licensure.
(2) Notwithstanding Subsection (1) and Section 
58-1-302
, the division shall issue a
license under this chapter by endorsement to an individual who:
(a) submits an application for licensure by endorsement on a form approved by the
division;
(b) pays a fee established by the division in accordance with Section 
63J-1-504
;
(c) verifies that the individual is licensed as an optometrist in good standing in each
state of the United States, or province of Canada, in which the individual is currently licensed
as an optometrist; and
(d) has been actively engaged in the legal practice of optometry for at least 3,200 hours
during the immediately preceding two years in a manner consistent with the legal practice of
optometry in this state.
Section 3. Section 
58-16a-601
 is amended to read:
58-16a-601.
Scope of practice.
(1) An optometrist may:
(a) provide [
optometric
] services not specifically prohibited under this chapter or
division rules if the services are within the optometrist's
:
(i)
 training[
, skills,
]
;
 and
(ii)
 scope of competence; [
and
]
(b) 
subject to Subsection (1)(c),
 prescribe or administer pharmaceutical agents for the
eye and its adnexa, including oral agents[
, subject to the following conditions:
]
;
[
(i) an optometrist may prescribe oral antibiotics for only eyelid related ocular
conditions or diseases, and other ocular conditions or diseases specified by division rule; and
]
[
(ii) an optometrist may
] 
(c)
 administer or prescribe a hydrocodone combination drug,
or a Schedule III controlled substance[
,
] as defined in Section 
58-37-4
, only if:
[
(A)
] 
(i)
 the substance is administered or prescribed for pain of the eye or adnexa;
[
(B)
] 
(ii)
 the substance is administered orally or topically or is prescribed for oral or
topical use;
[
(C)
] 
(iii)
 the amount of the substance administered or prescribed does not exceed a
72-hour quantity; and
[
(D)
] 
(iv)
 if the substance is prescribed, the prescription does not include refills[
.
]
; and
(d) except as prohibited by Subsection (2)(a), perform a procedure involving the use of
a laser if the optometrist:
(i) has successfully completed training for the procedure:
(A) as a condition of graduation from a recognized school of optometry described in
Subsection 
58-16a-302
(1)(c); or
(B) through a course that is approved by the division in consultation with the board.
(2) An optometrist may not:
(a) perform [
surgery, including laser surgery; or
]
:
(i) retina laser procedures;
(ii) laser-assisted in situ keratomileusis (LASIK) and photorefractive keratectomy
(PRK);
(iii) penetrating keratoplasty or lamellar keratoplasty;
(iv) surgery requiring incision of the retina;
(v) surgical extraction of the crystalline lens;
(vi) surgical implantation of intraocular lens implants;
(vii) incisional or excisional surgery of the extraocular muscles; or
(viii) non-laser surgery of the eyelid for:
(A) eyelid malignancies;
(B) incisional cosmetic or mechanical repair of blepharochalasis; or
(C) ptosis; or
(b) 
except as provided in Subsection (1)(c),
 prescribe or administer a Schedule II
controlled substance[
,
] as defined in Section 
58-37-4
[
, except for a hydrocodone combination
drug, if so scheduled and prescribed or administered in accordance with Subsection (1)(b)
].
(3) For purposes of Sections 
31A-22-618
 and 31A-45-303, an optometrist is a health
care provider.