Optometry Rule Changes in 2003

64B13-4.004, F.A.C. – Manner of Application 11/3/2003

(5) Applicants are required to complete a 2-hour course relating to prevention of medical errors as part of the licensure process.

64B13-5.001, F.A.C. – Hours Requirement 3/20/2003

(d) All licensees are responsible for maintaining appropriate records of completed continuing education for the past two biennium's.

Optometry Rule Changes in 2003

64B13-5.002,F.A.C.- Criteria for Approval 8/19/2003

All non- TQ (non-CEE) COPE approved and COPE numbered courses shall be approved by the board. All TQ (CEE) courses must be approved by the Board prior to the course.

Optometry Rule Changes in 2003

64B13-11.004, F.A.C. – Delinquent Status License

The delinquent status licensee who applies for active status license shall affirm compliance with continuing education requirements of rule 64B13-5.001, F.A.C. for the years the licensee has been inactive or delinquent

Optometry Rule Changes in 2004

64B13-3.007, F.A.C.-Minimum Procedures for Vision Analysis 4/5/2004- Visual Acuity-at initial presentation unaided and aided acuity's are required, thereafter, unaided or acuity's with present correction are required. ($4000 + your time, attorney)

64B13-3.019, F.A.C.-Address of Record 3/8/2004 - Must provide to DOH written notification by certified mail your current mailing address and place of practice (s) within 10 days of any change.

64B13-4.001, F.A.C.- Examination Requirements 3/8/2004- a candidate must score 84% or better on Laws and Rules to pass, 70% or better on the pharmacology/pathology portion of the state certification exam, and a 80% on the clinical portion of the state certification exam. (For 2008, 86% of the 125 candidates passed the Florida Board of Optometry) ( In 2009, 120 took the Florida Board exam and in 2010, 132 took the exam. The minimum passing score of 80% has passed for pharmacology/path section in 2010)

Optometry Rule changes in 2004

64B13-5.003, F.A.C.- Exemption of Spouse of Member of Armed Forces from License Renewal Requirements 8/29/2004- an O.D. spouse is exempt from all licensure renewal provisions while his/her spouse was called for active duty within the Armed Forces.

64B13-6.001, F.A.C.- Fees 8/29/2004-Renewal Fees are $300, initial branch office $100, more than 1 branch office $25/office, change of status $300, initial fee for entity providing CE $25, biennial renewal fee for providing CE $25.

Optometry Rule changes in 2004

64B13-15.003, F.A.C.- Range of Penalties for Administration Violations 5/13/2004-Minor range from $500-$8000/count and probation, Major range from $1000-$10,000/count and suspension for up to 18 months or revocation of license.

64B13-15.004, F.A.C.- Range of Penalties for Patient Care Violations 5/13/2004- Minor range from$75--$10000/count probation and suspension of 1 year. Major range from $1000-$10000 and suspension up to 24 months or revocation of license.

Optometry Rule changes in 2004

64B13-15.009, F.A.C.- Citations 6/13/2004- for initial offense, $250 penalty, advertising without disclaimer, non display of entrance sign and license at office and branch offices, failure to document CE, failure to respond to a CE audit, failure to pay fees, fines, costs. Once a final order it becomes public. (Fees for lack of CE will be increased to $250/Hour missed in 2007)

Optometry Rule Changes in 2005

64B13-3.003- Patient Records: Transfer or Death of Licensed Practitioner (1)…The licensed practitioner must legibly sign the entry for each patient encounter. (Records must be available to patients and be noticed 4 weeks when you retire)

64B13-3.004- Minimum Equipment Requirements…(4) ophthalmometer, keratometer, or corneal topographer;

Governor signs two bills in 2007

House Bill 587 Requires all health care personnel wear a name tag or introduce themselves as what type of health care professional they are. This also includes any advertisements. (No rules required, yet)

House Bill 699 HIV/AIDS is a one time, 1hr requirement, to be completed prior to the first renewal of licensure. This is now Rule.

Rule Changes in 2008

64B13-4.004 Removed AID’s requirement for candidates sitting for the State Board Exam. Applicants must still have a 2 hour course in medical errors prior to taking the Florida Board Exam. New OD graduates are not required to re-take medical errors in their first biennium.

Vision Analysis was changed to Comprehensive Eye Examination throughout the rules.

Rule Changes in 2008

64B13-18.002 Azithromycin – 1%, Levofloxacin – 1.5% , Polyvinyl pyrrolidone 2.0% were added.

64B13-3.007 supplemental services was changed to consultative services.

Rule Changes in 2008

64B13-3.009 The licensed practitioner has the duty to review and proof all advertisements prior to publication, and is fully responsible for the content therein.

Rule Changes in 2008

64B13-3.010 Engaging or attempting to engage in the possession, sale, or distribution of controlled substances as set forth in Chapter 893, F.S., for any other than legitimate purposes, constitutes grounds for disciplinary action by the Board.

2009 Rule Changes Optometry Faculty CertificateOptometry Faculty Certificate. 64B13-4.007To obtain a optometric faculty certificate pursuant to

Section 463.007, F.S., the applicant must submit an Initial Optometry Faculty Certificate Application, form number DH-MQA 1134, (8/08) incorporated herein by reference and the fees set forth in Rule 64B13-6.001, F.A.C. The form is available from the Board office or website: http://www.doh.state.fl.us/mqa/optometry.

Rulemaking Authority 463.005 FS. Law Implemented 463.0057 FS. History–New 4-2-09.

2009 Rule Changes Dispensing Practitioner Registration

Dispensing Practitioner Registration 64B13-4.009To register as a dispensing practitioner, the licensee must

submit a Dispensing Practitioner Registration, form number DH-MQA 1137, (8/08) and the fees set forth in Rule 64B13-6.003, F.A.C. The form is incorporated by reference herein and available from the Board office or website: http://www.doh.state.fl.us/mqa/optometry/index.html.

Rulemaking Authority 463.005 FS. Law Implemented 465.0276 FS. History–New 3-31-09.

2009 Rule ChangesBranch Office 64B13-16.002Each Branch Office must be licensed. The Department shall issue a

Branch Office License for a specified location to each licensed practitioner or a certified optometrist in good standing who submits to the Board of Optometry a Branch Office Application, Form No. DH-MQA1135, (8/08) or a Secondary Branch Office Application, Form No. DH-MQA1136, (8/08) and the fee required by subsection 64B13-6.001(6), F.A.C., for each location. The application forms are incorporated by reference herein and available from the Board office or the Board website: http://www.doh.state.fl.us/mqa/optometry/index.html.

Rulemaking Authority 456.013(2), 463.005(1)(a) FS. Law Implemented 456.013(2), 463.011 FS. History–New 5-29-90, Formerly 21Q-16.002, 61F8-16.002, 59V-16.002, Amended 11-6-02, 3-31-09.

2009 Rule Changes Prescriptions 64B13-3.012

(1) All prescriptions written by a licensed practitioner shall contain the name, address, telephone number and signature of the licensed practitioner who wrote the prescription and the information shall be kept on file by the licensed practitioner for a period of at least two (2) years. If the licensed practitioner maintains electronic patient records, the practitioner may affix an electronic signature to the prescription only if the electronic signature is generated by using either public key infrastructure or signature dynamics technology, and meets the criteria of paragraphs (1)(a)-(d) of Rule 64B13-3.003, F.A.C.

(2) A spectacle prescription shall be considered valid for a period of five (5) years, and a licensed practitioner shall make available to the patient or his or her agent any spectacle prescription or duplicate copy determined for that patient.

(3) A prescription for daily wear soft contact lens shall be considered valid for a period of two (2) years and a licensed practitioner shall make available to the patient or his or her agent any daily wear soft contact lens prescription or duplicate copy determined for that patient. This subsection applies only to contact lenses determined by the Federal Drug Administration to be daily wear lenses.

2009 Rule ChangesPrescriptions continued(4) Spectacle and contact lens prescriptions shall include:

(a) Spectacle prescriptions:1. Sphere power,2. Cylinder power, if necessary,3. Cylinder axis, if necessary,4. Prism amount, if necessary,5. Multifocal add power, if necessary,6. Any other information necessary to accomplish the

objective of the prescription.

2009 Rule Changes Prescriptions Continued(b) Contact lens prescriptions, including prescriptions for cosmetic, non-

corrective lenses, as applicable shall include:

1. Sphere power,2. Cylinder power, if necessary,3. Cylinder axis, if necessary,4. Specific contact lens type/brand,5. Base curve, if not included in type/brand,6. Diameter, if not included in type/brand,7. Follow-up care requirements, if any.(5) Except as provided in Section 463.012, Florida Statutes, and subsection (3)

of this rule, the extent of a contact lens prescription and when a contact lens prescription can safely and accurately be written shall be left to the professional judgment of the licensed practitioner.

2009 Rule Changes Administration and Prescription of Topical Pharmaceutical Agents

64B13-10.002 (1) Only a certified optometrist may administer and prescribe topical ocular

pharmaceutical agents. A licensed practitioner who is not certified may use topically applied anesthetics solely for the purpose of glaucoma examinations, but is otherwise prohibited from administering or prescribing topical ocular pharmaceutical agents. Certified optometrists may administer and prescribe only those topical ocular pharmaceutical agents identified by rule of the Board.

(2) Any prescription for a topical pharmaceutical agent written by a certified optometrist shall contain the following information:

(a) Name of the person for whom the pharmaceutical agent is prescribed;(b) Full name and address of the prescribing certified optometrist;(c) Name of the topical pharmaceutical agent prescribed and the strength,

quantity, and directions for use thereof; and(d) Prescriber number and signature of the prescribing certified optometrist.(3) When a topical pharmaceutical agent is either administered or prescribed to

a patient by a certified optometrist, such shall be documented in the patients record.

TOPA Committee Meeting 1/15/10

Jim Watts, OD, ChairMark Dunbar, ODLee Duffner, MD

Emanuel Newmark, MDMagdi Soliman, Pharm.D.

A discussion of adding ZIRGAN to the formulary.

Zirgan(TM) (ganciclovir ophthalmic gel) 0.15% is a treatment for acute herpetic keratitis (dendritic ulcers). The FDA granted orphan

drug designation to Zirgan for this indication in April 2007.PASSED 4-1 Newmark Opposed

2010 Additions to the Formulary Acuvail - Allergan, Inc. (ketorolac tromethamine ophthalmic solution) 0.45%, an

advanced, preservative-free formulation of ketorolac, a nonsteroidal anti-inflammatory drug (NSAID) indicated for the treatment of pain and inflammation following cataract surgery. Cataracts are a leading cause of blindness among older adults and cataract surgery is the most frequently performed surgical procedure in the United States, with more than 3 million procedures performed each year.

Bepreve-ISTA Pharmaceuticals, Inc. (bepotastine besilate ophthalmic solution) 1.5% as a twice-daily prescription eye drop treatment for ocular itching associated with allergic conjunctivitis in patients two years of age and older.

Zirgan-Sirion Therapeutics, Inc., a privately held ophthalmic-focused biopharmaceutical company, (ganciclovir ophthalmic gel) 0.15% as a treatment for acute herpetic keratitis (dendritic ulcers).

Zymaxid-Allergan, Inc. Gatifloxacin ophthalmic solution is used to treat bacterial conjunctivitis (pinkeye; infection of the membrane that covers the outside of the eyeballs and the inside of the eyelids). Gatifloxacin is in a class of antibiotics called fluoroquinolones. It works by killing the bacteria that cause infection ...

Rule changes 2010

64B-3.008- Board Expert of Technical Advice: Allows the Florida Board of Optometry to contract with an expert OD to help

Consumer Services in the determination of appropriate complaints by consumers. This will ensure consumer complaints are reviewed by an OD prior to dismissal by the department.

64B13-3.009-False, Fraudulent, Deceptive, and Misleading Advertising:

Any advertisement for free or discounted services must contain the disclaimer required by Section 456.062, F.S., no less than Times New Roman 6 point font size.

64B13-4.004 Manner of Application changed the Florida Licensing Exam application due date from 60 days prior to the exam to 120 days prior to the exam.

. 64B13-4.007 Optometry Faculty Certificate added criminal investigative

questions to the applicant history. (F.S. 409, 817, 893)

Rule changes 2010

64B13-3.001 Confidential Information(1) A licensed practitioner shall keep in confidence whatever he or she may learn about a patient in the discharge of his or her professional duties. All reports and records relating to the patient, including those records relating to the identity, examination, and treatment of the patient, shall constitute “patient records”. Except upon written authorization of the patient or as otherwise provided by law, such records may not be furnished to and the condition of the patient may not be discussed with any person other than the patient or his or her legal representative or other health care providers licensed under Chapter 463, 458, or 459, Florida Statutes, who are involved in the diagnosis and treatment of that patient. Provided, however, that this shall not prohibit a licensed practitioner from providing copies of a patient prescription in accordance with Section 463.012, Florida Statutes, or Rule 64B13-3.012, F.A.C. The rule adds Nurse Practitioners

2011 Rule Changes- ?

Because of the Governor’s order, all new rule changes have been frozen for 2011.

There is a moratorium on rule making by the governor’s executive order.

All pending rules will be sent to the Governors office before they are noticed.

The Board of Optometry will comply with the Governor’s request. This may hold up further additions to the Formulary.

Gov Scott’s Moratorium

TALLAHASSEE -- Acting on his anti-regulatory priority, Gov. Rick Scott's first act in office was to sign a sweeping executive order putting a hold on all pending state government regulations.

"No agencies that answer to the governor can adopt new rules without approval from the office," Scott said when he signed the order about an hour after taking the oath of office Tuesday.

Profiling Website

http://www.doh.state.fl.us/mqa/profiling/index.html

This site contains self-reported information from licensed Medical Physicians, Osteopathic Physicians, Podiatric Physicians, Chiropractic Physicians, and Advanced Registered Nurse Practitioners. 

Optometry should be added in future legislation.

Division: 64B13 Board of Optometry 64B13-2 ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE

PANEL, PROCEDURES 3 364B13-3 STANDARDS OF PRACTICE 13 64B13-4 EXAMINATION AND APPLICATION FOR LICENSURE 8 64B13-5 CONTINUING PROFESSIONAL EDUCATION 3 64B13-6 FEES 2 64B13-7 PROBATION GUIDELINES 4 64B13-10 CERTIFIED OPTOMETRIST 2 64B13-11 INACTIVE STATUS 2 64B13-15 DISCIPLINE 9 64B13-16 BRANCH OFFICES 5 64B13-18 TOPICAL OCULAR PHARMACEUTICAL AGENTS 3

Jurisprudence Websites

Florida Board of Optometry:

http://www.doh.state.fl.us/mqa/optometry/op_meeting.html

Florida Optometry Board Rules: (pp 565-597)

http://fac.dos.state.fl.us/faconline/chapter64.pdf

https://www.flrules.org/gateway/Division.asp?DivID=304

Florida Optometry Board Statutes :

www.doh.state.fl.us/mqa/optometry/op_statutes.html

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0463/titl0463.htm&StatuteYear=2008&Title=%2D%3E2008%2D%3EChapter%20463

Jurisprudence Websites

For audio versions of the Florida Board of Optometry Meetings you can go to:

ftp://ftppub.doh.state.fl.us/pub/hmqacb/Optometry/

For minutes of the Florida Board of Optometry Meetings you can go to:

http://www.doh.state.fl.us/mqa/optometry/op_minutes.html