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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 103                                                                                                         
01 Relating to the practice of optometry; and providing for an effective date.                                             
02                           _______________                                                                               
03    * Section 1. AS 08.72.050 is amended to read:                                                                        
04            Sec. 08.72.050. Regulations. The board shall adopt regulations                                               
05                 (1)  necessary for the proper performances of its duties;                                               
06                 (2)  governing the applicants and applications for licensing;                                           
07                 (3)  for the licensing of optometrists;                                                                 
08                 (4)  necessary to govern the practice of optometry, including the                                     
09       prescription and use of pharmaceutical agents for the treatment of eye disease;                                 
10                 (5)  prescribing requirements that a person licensed under this chapter                                 
11       must meet to demonstrate continued professional competency;                                                     
12                 (6)  developing uniform standards for the practice of optometry.                                      
13    * Sec. 2. AS 08.72.060(c), as amended by sec. 11, ch. 25, SLA 2016, is amended to read:                              
14            (c)  The board shall                                                                                         
15                 (1)  elect a chair and secretary from among its members;                                                
01                 (2)  order a licensee to submit to a reasonable physical examination if                                 
02       the licensee's physical capacity to practice safely is at issue;                                                  
03                 (3)  require that a licensee who has a federal Drug Enforcement                                         
04       Administration registration number register with the controlled substance prescription                            
05       database under AS 17.30.200(o);                                                                                 
06                 (4)  publish advisory opinions regarding whether optometry                                            
07       practice procedures or policies comply with acceptable standards of the practice                                
08       of optometry, as provided under this chapter.                                                                   
09    * Sec. 3. AS 08.72.181(d) is amended to read:                                                                        
10 (d)  Before a license may be renewed, the licensee shall submit to the board                                            
11 evidence that, during the preceding licensing period [IN THE FOUR YEARS                                               
12       PRECEDING THE APPLICATION FOR RENEWAL], the licensee has                                                          
13 [(1)  COMPLETED EIGHT HOURS OF CONTINUING                                                                               
14 EDUCATION, APPROVED BY THE BOARD, CONCERNING THE USE AND                                                                
15       PRESCRIPTION OF PHARMACEUTICAL AGENTS;                                                                            
16 (2)  COMPLETED SEVEN HOURS OF CONTINUING                                                                                
17 EDUCATION, APPROVED BY THE BOARD, CONCERNING THE INJECTION                                                              
18       OF NONTOPICAL THERAPEUTIC PHARMACEUTICAL AGENTS; AND                                                              
19 (3)]  met [OTHER] continuing education requirements as may be                                                           
20 prescribed by regulations of the board to ensure the continued protection of the public.                                
21    * Sec. 4. AS 08.72.272(a) is repealed and reenacted to read:                                                         
22 (a)  A licensee may prescribe and use a pharmaceutical agent, including a                                               
23 controlled substance, in the practice of optometry if the pharmaceutical agent is used                                  
24 in a manner consistent with standards adopted by the board in regulation. The                                           
25       standards must include limitations on practice adopted under AS 08.72.278.                                        
26    * Sec. 5. AS 08.72 is amended by adding a new section to read:                                                       
27 Sec. 08.72.278. Limitation on practice. (a) A licensee may perform the                                                  
28 services of optometry as defined in AS 08.72.300 only if the services are within the                                    
29 scope of the licensee's education, training, and experience as established by                                           
30       regulations adopted by the board.                                                                                 
31            (b)  A licensee may not perform ophthalmic surgery unless the procedure is                                   
01                 (1)  within the scope of the licensee's education and training from an                                  
02       accredited school of optometry; and                                                                               
03                 (2)  authorized by regulations adopted by the board.                                                    
04 (c)  In this section, "ophthalmic surgery" means an invasive procedure in                                               
05 which human tissue is cut, ablated, or otherwise penetrated by incision, laser, or other                                
06 means to treat diseases of the human eye, alter or correct refractive error, or alter or                                
07 enhance cosmetic appearance; "ophthalmic surgery" does not include the procedure                                        
08       described under AS 08.72.273.                                                                                     
09    * Sec. 6. AS 08.72.300(3) is repealed and reenacted to read:                                                         
10 (3)  "optometry" means the examination, evaluation, diagnosis,                                                          
11 treatment, or performance of preventive procedures related to diseases, disorders, or                                   
12 conditions of the human eyes or adjacent and associated structures, consistent with this                                
13       chapter and regulations adopted by the board;                                                                     
14    * Sec. 7. Section 2 of this Act takes effect July 17, 2017.                                                          
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