Enrolled HB 113: Relating to the prescription and use of pharmaceutical agents, including controlled substances, by optometrists; and providing for an effective date.
00Enrolled HB 113 01 Relating to the prescription and use of pharmaceutical agents, including controlled substances, 02 by optometrists; and providing for an effective date. 03 _______________ 04 * Section 1. AS 08.72.175(a) is amended to read: 05 (a) The board may issue a license endorsement authorizing a licensee to 06 prescribe and use the pharmaceutical agents described in AS 08.72.272(a), if the 07 licensee or applicant for a license has successfully completed 08 (1) [PASSES] the written and practical portions of an examination on 09 ocular 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; 13 (2) a nontopical therapeutic pharmaceutical agent course of at 14 least 23 hours approved by the board or an examination approved by the board
01 on the treatment and management of ocular disease; and 02 (3) an optometry and nontopical therapeutic pharmaceutical agent 03 injection course of at least seven hours approved by the board or equivalent 04 training acceptable to the board [. THE ENDORSEMENT EXPIRES AT THE 05 SAME TIME AS THE LICENSE TO WHICH IT ATTACHES. THE 06 ENDORSEMENT MAY BE RENEWED UPON SATISFACTORY COMPLETION 07 OF CONTINUING EDUCATION REQUIREMENTS ESTABLISHED BY THE 08 BOARD BY REGULATION]. 09 * Sec. 2. AS 08.72.175 is amended by adding a new subsection to read: 10 (d) A license endorsement issued under (a) of this section expires at the same 11 time as the license to which it attaches. Renewal of the endorsement may not be 12 granted unless, in the four years preceding the application for renewal, the licensee has 13 successfully 14 (1) completed eight hours of continuing education approved by the 15 board concerning the use and prescription of pharmaceutical agents; 16 (2) completed seven hours of continuing education approved by the 17 board concerning the injection of nontopical therapeutic pharmaceutical agents; and 18 (3) met other requirements the board considers necessary to ensure the 19 continued protection of the public. 20 * Sec. 3. AS 08.72.272(a) is amended to read: 21 (a) A licensee with an endorsement issued under AS 08.72.175(a) may 22 prescribe and use a pharmaceutical agent, including a controlled substance, in the 23 practice of optometry if 24 (1) the pharmaceutical agent 25 (A) is prescribed and used for the treatment of ocular 26 disease or conditions, ocular adnexal disease or conditions, or emergency 27 anaphylaxis; 28 (B) is not a schedule IA, IIA, or VIA controlled substance; 29 (C) is prescribed in a quantity that does not exceed four 30 days of prescribed use if it is a controlled substance; 31 (D) is not injected, unless the injection is for emergency
01 anaphylaxis and is not injected into the ocular globe of the eye; and 02 (E) is not a derivative of clostridium botulinum [IS A 03 DRUG TOPICALLY APPLIED TO THE HUMAN EYE AND ITS 04 APPENDAGES]; and 05 (2) the licensee 06 (A) has a physician-patient relationship, as defined by the 07 board in regulations adopted under this chapter, with the person to whom 08 the pharmaceutical agent is prescribed; and 09 (B) has on file with the department the licensee's current 10 federal Drug Enforcement Administration registration number that is 11 valid for the controlled substance prescribed or used [PERSON HOLDS A 12 LICENSE ENDORSEMENT ISSUED BY THE BOARD AUTHORIZING 13 THE PRESCRIPTION AND USE OF PHARMACEUTICAL AGENTS]. 14 * Sec. 4. AS 08.72.272(a), as amended by sec. 3 of this Act, is amended to read: 15 (a) A licensee with an endorsement issued under AS 08.72.175(a) may 16 prescribe and use a pharmaceutical agent, including a controlled substance, in the 17 practice of optometry if 18 (1) the pharmaceutical agent 19 (A) is prescribed and used for the treatment of ocular disease or 20 conditions, ocular adnexal disease or conditions, or emergency anaphylaxis; 21 (B) is not a schedule IA, IIA, or VIA controlled substance; 22 (C) is prescribed in a quantity that does not exceed four days of 23 prescribed use if it is a controlled substance; 24 (D) is not injected [, UNLESS THE INJECTION IS FOR 25 EMERGENCY ANAPHYLAXIS AND IS NOT INJECTED] into the ocular 26 globe of the eye; and 27 (E) is not a derivative of clostridium botulinum; and 28 (2) the licensee 29 (A) has a physician-patient relationship, as defined by the 30 board in regulations adopted under this chapter, with the person to whom the 31 pharmaceutical agent is prescribed; and
01 (B) has on file with the department the licensee's current 02 federal Drug Enforcement Administration registration number that is valid for 03 the controlled substance prescribed or used. 04 * Sec. 5. AS 08.72.272(c) is amended to read: 05 (c) A licensee may use a pharmaceutical agent in the practice of optometry if 06 (1) the pharmaceutical agent is a drug topically applied to the human 07 eye and its appendages; and 08 (2) the person holds a license endorsement issued by the board under 09 AS 08.72.175(c) authorizing the use of the pharmaceutical agent under this 10 subsection. 11 * Sec. 6. AS 08.72.272 is amended by adding a new subsection to read: 12 (d) In this section, "controlled substance" has the meaning given in 13 AS 11.71.900. 14 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 TRANSITION. (a) A license endorsement issued under AS 08.72.175(a) before the 17 effective date of this section continues in effect for the term issued unless revoked or 18 suspended by the Board of Examiners in Optometry. 19 (b) The changes made by this Act to AS 08.72.175 and 08.72.272(a) by secs. 1 - 3, 5, 20 and 6 of this Act do not affect the scope of practice allowed under a license endorsement 21 issued under AS 08.72.175(a) before the effective date of this section. 22 (c) A license endorsement issued under AS 08.72.175(a) before the effective date of 23 this section may not be renewed on or after the effective date of this section. 24 * Sec. 8. Section 4 of this Act takes effect January 1, 2009.