H. B. 2573
(By Mr. Speaker, Mr. Kiss, and Delegate Kelley)
[Introduced March 17, 1997; referred to the
Committee on Health and Human Resources then Government Organization.]
A BILL to amend article eight, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto two new sections, designated sections
two-a and two-b, all relating to expanding the optometric
scope of practice for prescription drugs and nonsurgical
procedures; formulary of drugs to be prescribed;
eligibility and certification for prescriptive authority;
fees and administration; proposal of legislative rules;
definition of surgery; authorization for certain optometric
nonsurgical procedures.
Be it enacted by the Legislature of West Virginia:
That article eight, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto two new sections, designated sections
two-a and two-b, all to read as follows:
ARTICLE 8. OPTOMETRISTS.
§30-8-2a. Expanded scope of optometric practice using prescription drug formulary.
Notwithstanding the provisions of section two of this
article, the board of optometry shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code, defining a
certification process and drug formulary which is authorized by
this section, except that no emergency rules may be proposed.
The rules shall provide for individual certification of
optometrists for an expanded scope of prescriptive authority.
The rules shall provide standards for education and training
determined by the board to be conditions precedent to individual
certification authorizing an optometrist to prescribe drugs
excluded pursuant to the provisions of section two of this
article and included in a drug formulary to be adopted by the
board; procedures for certification by the board of education and
training courses; procedure standards for certification and
recertification of individual optometrists for an expanded scope
of practice prescriptive authority, which shall include a
continuing education requirement; administrative fees necessary for the certification and recertification; procedures and
standards for certification and training courses; procedures and
standards for determining successful completion of education and
training; and standards to ensure adequate insurance coverage, as
well as compliance with the provisions of this section. The
rules shall provide a formulary classifying those categories of
drugs which may be prescribed by optometrists, and the board
shall consult with other appropriate boards, including the board
of pharmacy, in the development of the formulary. If any rule
proposed by the board pursuant to this section or section two-b
is not adopted by the Legislature, the board may not propose
additional rules pursuant to either section for a period of ten
years from that time.
§30-8-2b. Expanded scope of optometric practice using nonsurgery
procedure codes.
For purposes of this article and chapter, the term "surgery"
means the revision, destruction, incision or other structural
alteration of human tissue using cutting, ionizing radiation,
laser or other technology.
The board of optometry shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code, defining the certification
process for nonsurgical procedures authorized by this section, except that no emergency rules may be proposed. The rules shall
provide for individual certification of optometrists for an
expanded scope of practice authority for nonsurgical procedures.
The rules shall provide standards for education, training,
certification, and continuing education for the expansion of the
scope of practice for optometrists to perform certain
nonsurgical procedures; procedure standards for certification and
recertification which shall include a continuing education
requirement; administrative fees necessary for the certification
and recertification; procedures and standards for certification
and training courses; standards for determining successful
completion of education and training; and standards to ensure
adequate insurance coverage, as well as compliance with the
provisions of this section. These nonsurgical procedures shall
be identified by using a common procedural classification code,
and may include removal of foreign bodies from the external eye,
certain tear duct procedures, and other such procedures not
falling within the scope of surgery as it is defined in this
section.
NOTE: The purpose of this bill is to expand the scope of
practice for optometrists by allowing more prescription drugs to
be prescribed and by allowing certain nonsurgical procedures to
be performed which are not currently permitted. The Board of
Optometry is authorized to adopt rules establishing an enhanced
prescription drug formulary, and a definition of surgery is provided which enables the additional nonsurgical procedures to
be performed. The Board of Optometry is directed to propose
rules governing education and training standards for this
enhanced scope of practice. If any rule proposed by the Board of
Optometry pursuant to section two-a or two-b is not adopted by
the Legislature, the Board of Optometry may not propose
additional rules pursuant to either section for a period of ten
years from that time.
§§30-8-2a and 2b are new; therefore, strike-throughs and
underscoring have been omitted.