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5 AN ACT RELATING TO HEALTH; AMENDING THE OPTOMETRY PRACTICE ACT;
6 AMENDING DEFINITIONS; PROVIDING DEFINITIONS AND PRACTICE REGARDING
7 CONTACT LENSES; AMENDING THE SCOPE OF PRACTICE OF OPTOMETRISTS;
8 AND AMENDING THE BOARD MEMBERSHIP.
9 This act affects sections of Utah Code Annotated 1953 as follows:
11 58-16a-102, as last amended by Chapter 247, Laws of Utah 1996
13 58-16a-301, Utah Code Annotated 1953
14 58-16a-304, Utah Code Annotated 1953
15 58-16a-306, Utah Code Annotated 1953
16 58-16a-307, Utah Code Annotated 1953
17 58-16a-501, Utah Code Annotated 1953
18 58-16a-502, Utah Code Annotated 1953
19 58-16a-701, Utah Code Annotated 1953
20 58-16a-702, Utah Code Annotated 1953
21 RENUMBERS AND AMENDS:
22 58-16a-201, (Renumbered from 58-16a-103, as last amended by Chapter 297, Laws of Utah
24 58-16a-302, (Renumbered from 58-16a-106, as last amended by Chapter 313, Laws of Utah
26 58-16a-303, (Renumbered from 58-16a-107, as repealed and reenacted by Chapter 297, Laws
27 of Utah 1993)
1 58-16a-305, (Renumbered from 58-16a-105, as last amended by Chapter 297, Laws of Utah
3 58-16a-401, (Renumbered from 58-16a-108, as repealed and reenacted by Chapter 297, Laws
4 of Utah 1993)
5 58-16a-503, (Renumbered from 58-16a-110.5, as enacted by Chapter 297, Laws of Utah 1993)
6 58-16a-601, (Renumbered from 58-16a-109, as enacted by Chapter 287, Laws of Utah 1991)
8 58-16a-104, as enacted by Chapter 287, Laws of Utah 1991
9 58-16a-111, as last amended by Chapter 297, Laws of Utah 1993
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 58-16a-102 is amended to read:
12 58-16a-102. Definitions.
13 In addition to the definitions in Section 58-1-102, as used in this chapter:
14 (1) "Board" means the Optometrist Licensing Board created in Section [
20 (2) "Contact lens" means any lens that:
21 (a) has a spherical, cylindrical, or prismatic power or curvature;
22 (b) is made pursuant to a current prescription; and
23 (c) is intended to be worn on the surface of the eye.
24 (3) "Contact lens prescription" means a written order for contact lenses that includes:
25 (a) the date written;
26 (b) the base curve, power, diameter, material or brand name, and expiration date;
27 (c) the quantity of lenses if other than one per eye; and
28 (d) the signature of the licensed optometrist or physician prescribing the contact lenses.
29 (4) "Eye and its adnexa" means the human eye and all structures situated within the orbit,
30 including the conjunctiva, lids, lashes, and lacrimal system.
31 (5) "Fitting of a contact lens" means:
1 (a) the using of a keratometer to measure the human eye;
2 (b) utilizing refractive data provided by a licensed optometrist or ophthalmologist; and
3 (c) trial fitting of contact lenses to determine a tentative contact lens prescription for a
5 (6) "Laser surgery" means surgery in which human tissue is cut, burned, or vaporized by
6 means of laser or ionizing radiation.
7 (7) "Ophthalmic lens" means any lens used to treat the eye and that:
8 (a) has a spherical, cylindrical, or prismatic power;
9 (b) is made pursuant to an unexpired prescription; and
10 (c) is intended to be used in eyeglasses or spectacles.
11 (8) "Optometric assistant" means an unlicensed individual:
12 (a) working under the direct and immediate supervision of a licensed optometrist; and
13 (b) engaged in specific tasks assigned by the licensed optometrist in accordance with the
14 standards and ethics of the profession.
15 (9) "Optometrist" or "optometric physician" means an individual licensed under this
18 the following practices:
19 (a) examination of the human eye and its adnexa to detect and diagnose defects or
20 abnormal conditions;
21 (b) determination or modification of the accommodative or refractive state of the human
22 eye or its range or power of vision by administration and prescription of pharmaceutical agents or
23 the use of diagnostic instruments;
24 (c) prescription, ordering, administration, or adaptation of ophthalmic lenses, contact
25 lenses, ophthalmic devices, pharmaceutical agents, laboratory tests, or ocular exercises to diagnose
26 and treat diseases, defects, or other abnormal conditions of the human eye and its adnexa; or
27 (d) display of any advertisement, circular, sign, or device offering to:
28 (i) examine the eyes;
29 (ii) fit glasses or contact lenses;
30 (iii) adjust frames; or
31 (iv) duplicate, replace, or accept for duplication or replacement any ophthalmic lens or
1 contact lens.
5 (e) removal of a foreign body from the eye or its adnexa, that is not deeper than the
6 anterior one-half of the cornea;
7 (f) consultation regarding the eye and its adnexa with other appropriate health care
8 providers, including referral to other appropriate health care providers; and
9 (g) a person, not licensed as an optometrist, directing a licensee under this chapter to
10 withhold or alter the eye care services the licensee has ordered.
11 (11) "Pharmaceutical agent" means any diagnostic or therapeutic drug or combination of
12 drugs that has the property of assisting in the diagnosis, prevention, treatment, or mitigation of
13 abnormal conditions or symptoms of the eye and its adnexa.
16 (13) "Unexpired" means a prescription that was issued not more than two years prior to
17 presentation of the prescription for an ophthalmic lens or lenses.
18 Section 2. Section 58-16a-201, which is renumbered from Section 58-16a-103 is
19 renumbered and amended to read:
22 (1) There is created an Optometrist Licensing Board consisting of [
25 do not provide eye care services.
26 (2) The board shall be appointed and serve in accordance with Section 58-1-201.
27 (3) The board's duties and responsibilities shall be in accordance with Sections 58-1-202
28 and 58-1-203, and as provided under this Subsection (3).
29 (4) The board shall designate one of its members on a permanent or rotating basis to:
30 (a) assist the division in reviewing complaints concerning the unlawful or unprofessional
31 conduct of a licensee; and
1 (b) advise the division in its investigation of these complaints.
2 (5) A board member who has, under Subsection (4), reviewed a complaint or advised in
3 its investigation may be disqualified from participating with the board when the board serves as
4 a presiding officer in an adjudicative proceeding concerning the complaint. The board member
5 may be disqualified:
6 (a) on his own motion, due to actual or perceived bias or lack of objectivity; or
7 (b) upon challenge for cause raised on the record by any party to the adjudicative
9 Section 3. Section 58-16a-301 is enacted to read:
11 58-16a-301. Licensure required -- License classifications.
12 (1) A license is required to engage in the practice of optometry, except as specifically
13 provided in Section 58-16a-305 or 58-1-307.
14 (2) The division shall issue to a person who qualifies under this chapter a license in the
15 classification of optometrist.
16 Section 4. Section 58-16a-302, which is renumbered from Section 58-16a-106 is
17 renumbered and amended to read:
19 (1) [
20 (a) submit an application in a form prescribed by the division;
21 (b) pay a fee as determined by the division under Section 63-38-3.2;
22 (c) be of good moral character;
25 (A) a regional accrediting body recognized by the Council on Post-Secondary Education;
27 (B) the American Optometric Association's Council on Optometric Education; or
28 (ii) be a graduate of a school of optometry located outside the United States that meets the
29 criteria that would qualify the school for accreditation under Subsection (d)(i), as demonstrated
30 by the applicant for licensure;
1 1996, have successfully completed a course of study satisfactory to the division, in consultation
2 with the board, in general and ocular pharmacology and emergency medical care;
4 that include:
5 (i) a standardized national optometry examination;
6 (ii) a standardized clinical examination;
7 (iii) a standardized national therapeutics examination; and
8 (iv) the Utah Optometry [
10 in collaboration with the board and agree in writing to maintain membership while licensed as an
11 optometrist in this state[
12 (f) meet with the board and representatives of the division, if requested by either party, for
13 the purpose of evaluating the applicant's qualifications for licensure.
14 (2) An applicant for licensure as an optometrist [
22 (a) be currently licensed in good standing in any state of the United States; and
23 (b) have been actively engaged in the legal practice of optometry for not less than 3,200
24 hours in the immediately preceding two years, in a manner that is consistent with the legal practice
25 of optometry in this state.
26 Section 5. Section 58-16a-303, which is renumbered from Section 58-16a-107 is
27 renumbered and amended to read:
29 (1) (a) Each license issued under this part shall be issued in accordance with a two-year
30 renewal cycle established by rule.
31 (b) A renewal period may be extended or shortened by as much as one year to maintain
1 established renewal cycles or to change an established renewal cycle.
2 (2) At the time of renewal the licensee shall show satisfactory evidence of each of the
3 following renewal requirements:
4 (a) current membership in a peer review organization; and
5 (b) completion of continuing education as required under [
7 (3) Each license automatically expires on the expiration date shown on the license unless
8 renewed by the licensee in accordance with Section 58-1-308.
9 Section 6. Section 58-16a-304 is enacted to read:
10 58-16a-304. Continuing education.
11 (1) As a condition precedent for license renewal, each licensee shall, during each two-year
12 licensure cycle or other cycle defined by rule, complete 30 hours of qualified continuing
13 professional education in accordance with standards defined by rule.
14 (2) If a renewal period is extended or shortened under Section 58-16a-303, the continuing
15 education hours required for license renewal under this section shall be increased or decreased
17 Section 7. Section 58-16a-305, which is renumbered from Section 58-16a-105 is
18 renumbered and amended to read:
23 persons may engage in acts included in the definition of the practice of optometry subject to the
24 stated circumstances and limitations without being licensed under this chapter:
27 and surgery; and
30 established place of business;
1 adapting lenses according to the test;
4 presented to him for the lens or lenses;
6 sold; and
8 (3) a person who sells contact lenses under the following conditions:
9 (a) he has a current certification from both the American Board of Opticianry and the
10 National Contact Lens Examiners;
11 (b) he does not give or offer contact lenses as premiums;
12 (c) he does not perform a refraction, over-refraction, or attempt to traffic upon assumed
13 skill in testing the eye;
14 (d) he operates in the ordinary course of trade from a permanently located and established
15 place of business;
16 (e) he performs the work involved in selling contact lenses himself and does not delegate
17 the contact lens fitting to any other individual who is not qualified under this Subsection (3);
18 (f) he provides services only to a patient who:
19 (i) presents an unexpired contact lens prescription; or
20 (ii) has had an eye examination within the prior six months by an optometrist or
21 ophthalmologist meeting the requirements under Section 58-16a-306; and
22 (g) he maintains a copy of the patient's contact lens prescription for not less than seven
24 Section 8. Section 58-16a-306 is enacted to read:
25 58-16a-306. Contact lens prescription -- Qualifications.
26 An optometrist or ophthalmologist issuing a contact lens prescription that may be filled by
27 a person fitting contact lenses under Subsection 58-16a-305(3) shall:
28 (1) be licensed under this title to practice in Utah;
29 (2) have a current written agreement with the person fitting the contact lenses to fit the
30 contact lenses to be prescribed by that particular optometrist or ophthalmologist;
31 (3) be an optometrist or ophthalmologist for whom the person fitting the contact lenses has
1 performed not less than two years of contact lens apprenticeship prior to January 1, 1997, which
2 apprenticeship shall be noted in the written agreement; and
3 (4) ensure the final contact lens prescription is accurate and shall present a written copy
4 of the prescription to the person fitting the contact lens under Subsection 58-16a-305(3).
5 Section 9. Section 58-16a-307 is enacted to read:
6 58-16a-307. Licenses held on effective date.
7 An individual holding a current license as an optometrist that was issued under any prior
8 state law is considered to hold a current license in the same scope of practice under this chapter.
9 Section 10. Section 58-16a-401, which is renumbered from Section 58-16a-108 is
10 renumbered and amended to read:
14 Grounds for refusal to issue a license to an applicant, for refusal to renew the license of a
15 licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a
16 public or private reprimand to a licensee, and to issue cease and desist orders shall be in
17 accordance with Section 58-1-401.
18 Section 11. Section 58-16a-501 is enacted to read:
20 58-16a-501. Unlawful conduct.
21 "Unlawful conduct" includes, in addition to the definition in Section 58-1-501:
22 (1) buying, selling, or fraudulently obtaining, any optometry diploma, license, certificate,
23 or registration;
24 (2) aiding or abetting the buying, selling, or fraudulently obtaining, of any optometry
25 diploma, license, certificate, or registration;
26 (3) selling contact lenses without having received a written unexpired prescription unless
27 the person selling the lenses is a licensed optometrist or ophthalmologist, or an individual exempt
28 from licensure under Subsection 58-16a-305(3); or
29 (4) representing oneself as or using the title of "optometrist," "optometric physician,"
30 "doctor of optometry," or "O.D.," unless currently licensed or exempted from licensure under this
1 Section 12. Section 58-16a-502 is enacted to read:
2 58-16a-502. Unprofessional conduct.
3 "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501:
4 (1) using or employing the services of an optometric assistant to assist a licensee in any
5 manner not in accordance with:
6 (a) the generally recognized practices and standards of ethics of the profession; or
7 (b) applicable state law or division rule;
8 (2) failure to refer a patient to an appropriate licensed practitioner when:
9 (a) the patient's condition does not respond to treatment; or
10 (b) the treatment is not within the scope of competence or licensure of the licensee;
11 (3) providing confidential information regarding a patient to any third party who does not
12 have a legal and professional ground for obtaining the information;
13 (4) knowingly prescribing, selling, giving away, or administering any prescription drug
14 except for a legitimate medical purpose and upon a proper diagnosis indicating the use of the drug
15 in the amount prescribed or provided;
16 (5) giving or receiving directly or indirectly any fee, commission, rebate, or other
17 compensation for professional services not actually and personally rendered, except as part of a
18 legal relationship within a lawful professional partnership, corporation, or association; or
19 (6) failure to transfer pertinent and necessary information from a patient's medical records
20 to another optometrist or physician when so requested by the patient or his representative, as
21 designated in writing.
22 Section 13. Section 58-16a-503, which is renumbered from Section 58-16a-110.5 is
23 renumbered and amended to read:
26 58-16a-501, Subsection 58-1-501(1)(a), or Subsection 58-1-501(1)(c) is guilty of a third degree
31 Section 14. Section 58-16a-601, which is renumbered from Section 58-16a-109 is
1 renumbered and amended to read:
4 (1) An optometrist may:
5 (a) provide any optometric services not specifically prohibited under this chapter or
6 division rules and that are within[
11 (b) prescribe or administer any pharmaceutical agent for the eye and its adnexa, including
12 all oral pharmaceutical agents, except that the oral antibiotics may only be prescribed for:
13 (i) eyelid-related ocular conditions or diseases; and
14 (ii) any other ocular disease or condition as specified by division rule.
16 (a) perform surgery, including laser surgery[
18 (b) prescribe or administer any Schedule II or Schedule III controlled substance as defined
19 in Title 58, Chapter 37, Controlled Substances.
26 Section 15. Section 58-16a-701 is enacted to read:
28 58-16a-701. Form of practice.
29 (1) An optometrist licensed under this chapter may engage in practice as an optometrist
30 or in the practice of optometry only as an individual licensee. However, as an individual licensee
31 he may be:
1 (a) an individual operating as a business proprietor;
2 (b) an employee of another person or corporation;
3 (c) a partner in a lawfully organized partnership;
4 (d) a lawfully formed professional corporation;
5 (e) a lawfully organized limited liability company;
6 (f) a lawfully organized business corporation; or
7 (g) any other form of organization recognized by the state and which is not prohibited by
8 division rule made in collaboration with the board.
9 (2) Regardless of the form in which a licensee engages in the practice of optometry, the
10 licensee may only permit the practice of optometry in that form of practice to be conducted by an
12 (a) licensed in Utah as an optometrist under Section 58-16a-301; and
13 (b) who is able to lawfully and competently engage in the practice of optometry.
14 Section 16. Section 58-16a-702 is enacted to read:
15 58-16a-702. Medical records -- Electronic records.
16 (1) Medical records maintained by a licensee shall:
17 (a) meet the standards and ethics of the profession; and
18 (b) be maintained in accordance with standards developed by the peer review organization
19 for optometry.
20 (2) Medical records under this section may be maintained by any electronic means if the
21 records comply with Subsection (1).
22 Section 17. Repealer.
23 This act repeals:
24 Section 58-16a-104, Division functions.
25 Section 58-16a-111, Continuing education.
Legislative Review Note
as of 12-12-96 2:47 PM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
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