Senate Bill No. 570
(By Senators Bowman, Minard, Yost, Plymale,
Kessler, Edgell,
Browning, Laird, Snyder, Green,
D. Facemire, Hall, K. Facemyer
and White)
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[Introduced March 12, 2009; referred to the Committee on Health
and Human Resources; and then to the Committee on Government
Organization.]
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A BILL to repeal §30-8-2a and §30-8-2b of the Code of West
Virginia, 1931, as amended; and to amend and reenact §30-8-2
and §30-8-3 of said code, all relating to the practice of
optometry; repealing existing provisions regarding
prescriptive and expanded prescriptive authority;
authorizing certain surgical procedures included in the
curriculum of accredited schools of optometry, the
dispensing of optical lenses, prescriptive drugs and other
practices included in the curriculum of accredited schools
of optometry or approved continuing education course; and
requiring the West Virginia Board of Optometry to promulgate
legislative rules establishing the limitation of practice
and drug formularies for optometrists in this state.
Be it enacted by the Legislature of West Virginia:
That §30-8-2a and §30-8-2b of the Code of West Virginia,
1931, as amended, be repealed; and that §30-8-2 and §30-8-3 of
said code be amended and reenacted, all to read as follows:
ARTICLE 8. OPTOMETRISTS.
§30-8-2. Practice of optometry defined.
(a) Any one or any combination of the following practices
shall constitute the practice of optometry:
(a) The examination of the human eye, with or without the
use of drugs, prescribable for the human eye which drugs may be
used for diagnostic or therapeutic purposes, for topical
application to the anterior segment of the human eye and, by any
method other than surgery, to diagnose, treat or refer for
consultation or treatment any abnormal condition of the human eye
or its appendages;
(1) The examination of the human eye to diagnose, treat or
refer for consultation or treatment any abnormal condition of the
human eye or its appendages, with or without the use of approved
drugs prescribed for the human eye.
(b) (2) The employment
or administration without the use of
surgery of any instrument, device, method or
diagnostic or
therapeutic drug
approved by the West Virginia Board of Optometry
and intended for the purpose of investigating, examining,
treating, diagnosing, improving or correcting any visual defect
or abnormal condition of the human eye or its appendages;
(c) (3) The prescribing, fitting,
dispensing, application,
replacement, duplication or alteration of lenses, prisms, contact
lenses,
including plano contact lenses, orthoptics, vision
training, vision rehabilitation,
diagnostic or therapeutic drugs
approved by the West Virginia Board of Optometry, or the
furnishing or providing of any prosthetic device
or any other
method other than surgery necessary to correct or relieve any
defects or abnormal conditions of the human eye or its
appendages;
(4) The performance of any clinical practice necessary to
treat, correct or relieve any defects or abnormal conditions of
the human eye or its appendages for which the optometrist has
been trained through the curriculum of an accredited school of
optometry accepted by the West Virginia Board of Optometry or
through a continuing education course from an accredited school
or program accepted by the West Virginia Board of Optometry:
Provided, That the practice of optometry does not include any
procedures specifically prohibited by the board through
legislative rules promulgated in accordance with the provisions
of article three, chapter twenty-nine-a of this code; and
(5) The performance or ordering of appropriate laboratory
and diagnostic tests.
(d) (b) Nothing in this section shall be construed to
permit an optometrist to
perform surgery, use drugs by injection perform any procedure or to
use dispense, adminster or prescribe
any drug for other than the specific purposes authorized by this
article.
§30-8-3. Board of optometry; duties; disposition of moneys
collected; compensation and expenses.
(a) There shall be a state board of examiners in optometry,
known as the "West Virginia Board of Optometry," which shall
consist of five optometrists and two lay members, who shall be
appointed by the Governor, by and with the advice and consent of
the Senate. Each optometric member of the board, at the time of
his or her appointment, shall have been a resident and a
registered practicing optometrist of this state for a period of
not less than three years immediately preceding his or her
appointment.
(b) The optometric members of the board in office on July 1,
2001, shall, unless sooner removed, continue to serve until their
successors have been appointed and have qualified. On or before
July 1, 2001, and annually thereafter, as their respective terms
expire, the Governor shall appoint their successors so that one
year he or she shall appoint one member and in each of the two
succeeding years he or she shall appoint two members, each for a
term of three years commencing on July 1. Any member shall be
eligible for reappointment.
(c) All fees and other moneys collected by the board pursuant to the provisions of this article shall be kept in a
separate fund and expended solely for the purpose of this
article. The compensation for the members of the board and all
expenses incurred under this article shall be paid from this
special fund. No compensation or expense incurred under this
article shall be a charge against the general funds of this
state.
(d) The board shall propose rules for legislative approval
in accordance with article three, chapter twenty-nine-a of this
code, which are not inconsistent with any other provision or
section of this article:
(a) (1) For the proper performance of its duties;
(b) (2) To govern the ethical practice of optometry for the
safety, protection and welfare of the public;
and
(c) (3) To provide for examinations, licensure requirements,
continuing education requirements,
and fees;
and to further
effectuate the provisions of this article, article one of this
chapter, and any other provisions set forth in state or federal
law
(4) To establish limitations of clinical practice for
optometrists practicing in this state;
(5) To establish a drug formulary for optometrists
practicing in this state; and
(6) To further effectuate the provisions of this article, article one of this chapter and any other provisions set forth in
state or federal law.
NOTE: The purpose of this bill is to authorize optometrists
to perform the clinical practices for which they are trained,
including treatment of the eye, performing certain procedures,
dispensing or administering certain drugs and ordering laboratory
and diagnostic tests. The bill requires the Board of Optometry
to promulgate rules limiting the practices of optometrists and
establishing a drug formulary for optometrists.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.