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CSHB 215(L&C): "An Act relating to the use of pharmaceutical agents in the practice of optometry; and providing for an effective date."

00 CS FOR HOUSE BILL NO. 215(L&C) 01 "An Act relating to the use of pharmaceutical agents in the practice of optometry; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.72.175 is amended to read: 05 Sec. 08.72.175. License endorsement. (a) The board may issue a license 06 endorsement authorizing a licensee to prescribe and use a [THE] pharmaceutical 07 agent [AGENTS] described in AS 08.72.272, if the licensee or applicant for a license 08 (1) passes the written and practical portions of an examination on ocular 09 pharmacology, approved by the board, that tests the licensee's or the applicant's 10 knowledge of the characteristics, pharmacological effects, indications, 11 contraindications, and emergency care associated with the prescription and use of 12 pharmaceutical agents; and (2) meets additional education requirements, if any, 13 that are adopted by the board for receiving the endorsement. In addition to the 14 limitations contained in AS 08.72.272, the board may further limit the type of

01 pharmaceutical agents that are authorized for use under an endorsement. The 02 endorsement expires at the same time as the license to which it attaches. The 03 endorsement may be renewed upon satisfactory completion of continuing education 04 requirements established by the board by regulation. Regulations adopted by the 05 board under this subsection must be related to ensuring that the licensee with an 06 endorsement is competent to prescribe and use the pharmaceutical agents 07 authorized under the endorsement. 08 (b) A pharmacist or pharmaceutical supplier may supply a licensee with a 09 pharmaceutical agent [AGENTS] as provided under AS 08.72.272 upon presentation 10 of evidence that the licensee holds a license endorsement under this section that 11 authorizes use of the pharmaceutical agent. 12 * Sec. 2. AS 08.72.272 is amended to read: 13 Sec. 08.72.272. Use of pharmaceutical agents. (a) Except as provided in 14 (c) of this section, a [A] licensee may prescribe and use a pharmaceutical agent, 15 including a controlled substance, in the practice of optometry if 16 (1) the pharmaceutical agent is not included on schedule IA under 17 AS 11.71; 18 (2) the pharmaceutical agent is prescribed and used for the 19 treatment of ocular and ocular adnexal disease or conditions or for emergency 20 anaphylaxis [A DRUG TOPICALLY APPLIED TO THE HUMAN EYE AND ITS 21 APPENDAGES]; and 22 (3) [(2)] the person holds a license endorsement issued by the board 23 authorizing the prescription and use of the pharmaceutical agent [AGENTS]. 24 (b) A licensee may not purchase, possess, prescribe, or use a 25 pharmaceutical agent unless the licensee has obtained a license endorsement under 26 AS 08.72.175 that authorizes use of the pharmaceutical agent. 27 * Sec. 3. AS 08.72.272 is amended by adding a new subsection to read: 28 (c) In addition to the other limitations of this section and AS 08.72.175, a 29 licensee may not 30 (1) inject a pharmaceutical agent into the globe of the eye; 31 (2) prescribe a systemic analgesic agent in an amount that is more than

01 a seven-day supply; 02 (3) prescribe a pharmaceutical agent for systemic administration unless 03 the pharmaceutical agent is in at least one of the following categories: 04 (A) anti-allergy; 05 (B) anti-microbial; 06 (C) anti-glaucoma; 07 (D) anti-inflammatory; 08 (E) an analgesic, including controlled substances in schedules 09 IIA - VA under AS 11.71 that are analgesics; 10 (F) an over-the-counter drug available without a prescription; 11 or 12 (G) a drug for treatment of anaphylaxis. 13 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITIONAL PROVISION. The Board of Examiners in Optometry may not 16 issue an endorsement under AS 08.72.175 that allows a licensee to prescribe or use a 17 pharmaceutical agent by systemic administration unless 18 (1) the person's initial license to practice optometry was issued after 19 December 31, 1999; or 20 (2) the person has attended and passed a course covering systemic 21 administration of pharmaceutical agents that was offered by an accredited college of 22 optometry and approved by the Board of Examiners in Optometry. 23 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 EXISTING ENDORSEMENTS. Notwithstanding AS 08.72.175, as amended by sec. 26 1 of this Act, and AS 08.72.272, as amended by secs. 2 and 3 of this Act, an endorsement 27 issued before the effective date of this Act does not authorize a licensee to prescribe or use a 28 pharmaceutical agent by systemic administration until the licensee applies to the Board of 29 Examiners in Optometry for authorization to prescribe or use a pharmaceutical agent by 30 systemic administration and the board finds either 31 (1) the person's initial license to practice optometry was issued after

01 December 31, 1999; or 02 (2) the person has attended and passed a course covering systemic 03 administration of pharmaceutical agents that was offered by an accredited college of 04 optometry and approved by the Board of Examiners in Optometry. 05 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).