Legislation Update

Eliminates the list of drugs and conditions in statute. Allows treatment and prevention of non-malignant conditions of the anterior segment. Limitations include:

treatment of anterior segment inflammation in patients under 18 is prohibited. (current law limits ODs to treating only 4 types of inflammation to patients over 18.)

treatment of conditions or diseases of the sclera in patients under 18 years of age is prohibited. (same as current law)

use of any oral prescription steroid antiiinflammatory medication for a patient under 18 years of age shall be done in documented timely consultation with an appropriate physician.

use of any non-antibiotic oral prescription medication for a patient under 5 years of age shall be done in documented prior consultation with an appropriate physician.

the following classes of agents are excluded from the practice of optometry unless they have an explicit FDA-approved indication for treatment of a condition or disease authorized under this section:

• antiamoebics

• antineoplastics

• biologicals

• coagulation modulators

• hormone modulators

• immunomodulators

Adds SARS-CoV-2 to list of allowed immunizations.

Performing CLIA waived tests for conditions of the eye or “for detecting indicators of possible systemic disease that manifests in the eye for the purpose of facilitating appropriate referral to or consultation with an physician and surgeon.” (Current law limits to conditions of the eye.)

Allows foreign body removal with any appropriate instrument. (existing law prohibits use of scalpel)

Allows use of non-invasive devices delivering intense pulsed light therapy or low-level light therapy that do not rely on laser technology, limited to treatment of conditions and diseases of the adnexa.

Continues to allow new, non-invasive technologies and medical devices. If FDA approved, its automatically allowed. State board can approve off-label use. (new drug language is no longer needed since the lists of allowable drugs and conditions were removed.)

Redefines surgery to be “by any means” and clarifies application of the definition: “Performing surgery is excluded from the practice of optometry. “Surgery” means any act in which human tissue is cut, altered, or otherwise infiltrated by any means. It does not mean an act that solely involves the administration or prescribing of a topical or oral therapeutic pharmaceutical.”

Establishes new co-management rules. Allows co-management of conditions occurring in any ocular or adnexal structure if over 18.

Medical/optometric assistants allowed to perform subjective refraction procedures but not write prescriptions. This would require the optometrist or ophthalmologist to be physically present and immediately available in the facility or office in which the preliminary subjective refraction procedures are performed. It would also add a supervisory ratio of no more than three assistants per supervising ophthalmologist or optometrist during a given work shift.