Chapter 463 is the Laws governing the Florida Practice of Optometry

1. Florida Laws and Rules for Optometric Physicians Robert M Easton Jr OD FAAO Florida Board of Optometry 1999-2007 ARBO President 2006-2007 AOA-PAC Chair 1999-2000 FOA President 1993-1994 Florida Board Certified Optometric Physician 1982- I have no financial interest in any eye related companies

5. COPE APPROVED 25381-EJ 25381-EJ - Florida Laws and Rules for Optometric Physicians Format: Live Category: Ethics/Jurisprudence Total CE Hours: 2 Description: The Optometric Practice Act defines the limits of optometric physicians in the state of Florida. The Rules and Regulations are in place to protect the citizens of the state of Florida. Unlicensed activity is the practice of optometry without a valid Florida license and comes under the purview of the Attorney General. CEE: No Expires: Course Expires: 08/01/2012 Instructor: Robert Easton Jr, O.D.

6. Chapter 463.002 Optometry 463.002 Definitions. (3)(a) " Licensed practitioner " means a person who is a primary health care provider licensed to engage in the practice of optometry under the authority of this chapter. (b) A licensed practitioner who is not a certified optometrist shall be required to display at her or his place of practice a sign which states, " I am a Licensed Practitioner, not a Certified Optometrist, and I am not able to prescribe topical ocular pharmaceutical agents ." (The font size is being worked on) (c) All practitioners initially licensed after July 1, 1993, must be certified optometrists. (In 2009, 177 Non certified OD’s of which 51 are out-of- state and 126 are in-state. Only 8/381 are non certified in Broward County.)

17. Chapter 463.005 Optometry 463.005 Authority of the board. (1) The Board of Optometry has authority to adopt rules pursuant to ss. 120.536 (1) and 120.54 to implement the provisions of this chapter conferring duties upon it. Such rules shall include, but not be limited to, rules relating to: (a) Standards of practice , including, but not limited to, those provided for in s. 463.0135. (b) Minimum equipment which a licensed practitioner shall at all times possess to engage in the practice of optometry. (c) Minimum procedures which shall constitute a visual examination.

18. Chapter463.005 Optometry (d) Procedures for the safekeeping and transfer of prescription files or case records upon the discontinuance of practice. (e) Supervision of supportive personnel. (f) Courses and procedures for continuing education. (g) Administration and prescription of topical ocular pharmaceutical agents. (2) The board is authorized to disseminate information , the sole purpose of which is to inform licensed practitioners and the public of regulations regarding the practice of optometry.

20. (d) Upon adoption of the formulary required by this section, and upon each addition, deletion, or modification to the formulary, the board shall mail a copy of the amended formulary to each certified optometrist and to each pharmacy licensed by the state. (DOH website) (3) A certified optometrist shall be issued a prescriber number by the board. Any prescription written by a certified optometrist for a topical ocular pharmaceutical agent pursuant to this section shall have the prescriber number printed thereon. ( Your License number OPC00XXXX is your prescriber number. DEA numbers are not to be used by insurance companies or pharmacies to verify prescribing authority) Chapter 463.055 Optometry

23. Chapter 463.007 Optometry 463.007 Renewal of license; continuing education. -- (1) The department shall renew a license upon receipt of the renewal application and the fee set by the board not to exceed $300. ($5 added fee is assessed to fight ULA that’s why it is $305) (3) Unless otherwise provided by law, the board shall require licensees to periodically demonstrate their professional competence, as a condition of renewal of a license, by completing up to 30 hours of continuing education during the 2-year period preceding license renewal. For certified optometrists, the 30-hour continuing education requirement shall include 6 or more hours of approved transcript-quality (CEE) coursework in ocular and systemic pharmacology and the diagnosis, treatment, and management of ocular and systemic conditions and diseases during the 2-year period preceding application for license renewal.

26. Chapter 463.009 Optometry 463.009 Supportive personnel. --No person other than a licensed practitioner may engage in the practice of optometry as defined in s. 463.002 (5). Except as provided in this section, under no circumstances shall non-licensed supportive personnel be delegated diagnosis or treatment duties; however, such personnel may perform data gathering, preliminary testing, prescribed visual therapy, and related duties under the direct supervision of the licensed practitioner. Non-licensed personnel, who need not be employees of the licensed practitioner, may perform ministerial duties, tasks, and functions assigned to them by and performed under the general supervision of a licensed practitioner, including obtaining information from “consumers” for the purpose of making appointments for the licensed practitioner. The licensed practitioner shall be responsible for all delegated acts performed by persons under her or his direct and general supervision. (Consumers=Patients, not customers!)

29. Chapter 463.0135 Optometry 463.0135 Standards of practice. -- (1) A licensed practitioner shall provide that degree of care which conforms to that level of care provided by medical practitioners in the same or similar communities. A licensed practitioner shall advise or assist her or his patient in obtaining further care when the service of another health care practitioner is required. (2) A licensed practitioner diagnosing angle closure, infantile, or congenital forms of glaucoma shall refer the patient to a physician skilled in diseases of the eye and licensed under chapter 458 or chapter 459. (3) When an infectious corneal disease condition has not responded to standard methods of treatment within the scope of optometric practice, the certified optometrist shall consult with a physician skilled in diseases of the eye and licensed under chapter 458 or chapter 459.

32. Chapter 463.014 Optometry 463.014 Certain acts prohibited. – (1)(a) No corporation, lay body, organization, or individual other than a licensed practitioner shall engage in the practice of optometry through the means of engaging the services, upon a salary , commission , or other means or inducement, of any person licensed to practice optometry in this state. Nothing in this section shall be deemed to prohibit the association of a licensed practitioner with a multidisciplinary group of licensed health care professionals, the primary objective of which is the diagnosis and treatment of the human body. (The FOA and Corporate Optometry have met since 2006 to resolve issues within this act and rules that pertain to corporate practice. After 4 years of discussion I have yet to see the final white paper )

35. Chapter 463.014 Optometry (3) Prescribing, ordering, dispensing, administering, supplying, selling, or giving any systemic drugs by a licensed practitioner is prohibited. (Our rules do not define how topical medications are dispensed. I.E. ,CL imbibed with FDA approved medication.) (47 states allow oral medications for the treatment of ocular disease; NY, MASS and FL do not)

46. Chapter 463.016 Optometry 463.016 Grounds for disciplinary action; action by the board. – (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 (2): (a) Procuring or attempting to procure a license to practice optometry by bribery, by fraudulent misrepresentations, or through an error of the department or board. (b) Procuring or attempting to procure a license for any other person by making or causing to be made any false representation .

48. Chapter 463.016 Grounds for Disciplinary Action (e) Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to do so. Such reports or records shall include only those which are signed by the licensee in her or his capacity as a licensed practitioner. (f) Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content. (bait and switch has zero tolerance)

54. Chapter 463.016 Grounds for Disciplinary Action (p) Having been disciplined by a regulatory agency in another state for any offense that would constitute a violation of Florida laws or rules regulating optometry. (National Practitioner Data Bank has disciplinary information on all practitioners) (q) Violating any provision of s. 463.014 or s. 463.015. (r) Violating any lawful order of the board or department, previously entered in a disciplinary hearing, or failing to comply with a lawfully issued subpoena of the board or department. (s) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensed practitioner knows or has reason to know she or he is not competent to perform. (i.e. no cyst draining, removing skin tags, yag capsulotomy, or chalazion surgery)