H.B. 148

1

OPTOMETRY AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bradley G. Last
5
6 LONG TITLE
7 General Description:
8 This bill amends the Utah Optometry Practice Act.
9 Highlighted Provisions:
10 This bill:
11 . amends definitions;
12 . amends provisions related to unlawful conduct; and
13 . amends provisions related to the sale of contact lenses by removing the prohibition
14 against offering contact lenses as premiums.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 58-16a-102, as last amended by Chapter 270, Laws of Utah 2003
22 58-16a-501, as last amended by Chapter 160, Laws of Utah 2000
23 58-16a-801, as enacted by Chapter 160, Laws of Utah 2000
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 58-16a-102 is amended to read:
27 58-16a-102. Definitions.

28 In addition to the definitions in Section 58-1-102 , as used in this chapter:
29 (1) "Board" means the Optometrist Licensing Board created in Section 58-16a-201 .
30 (2) "Contact lens" means any lens that:
31 (a) has a spherical, cylindrical, or prismatic power or curvature;
32 (b) is made pursuant to a current prescription; or
33 (c) is intended to be worn on the surface of the eye.
34 (3) (a) "Contact lens prescription" means a written or verbal order for contact lenses
35 that includes:
36 (i) the commencement date of the prescription;
37 (ii) the base curve, power, diameter, material or brand name, and expiration date;
38 (iii) for a written order, the signature of the prescribing optometrist or physician; and
39 (iv) for a verbal order, a record maintained by the recipient of:
40 (A) the name of the prescribing optometrist or physician; and
41 (B) the date when the prescription was issued or ordered.
42 (b) A prescription may include:
43 (i) a limit on the quantity of lenses that may be ordered under the prescription if
44 required for medical reasons documented in the patient's files; and
45 (ii) the expiration date of the prescription, which shall be two years from the
46 commencement date, unless documented medical reasons require otherwise.
47 (c) When a provider prescribes a private label contact lens for a patient the prescription
48 shall include:
49 (i) the name of the manufacturer;
50 (ii) the trade name of the private label brand; and
51 (iii) if applicable, the trade name of the equivalent national brand.
52 (4) "Contact lens prescription verification" means a written request from a person who
53 sells or provides contact lenses that:
54 (a) is sent to the prescribing optometrist or physician; and
55 (b) seeks the confirmation of the accuracy of a patient's prescription.
56 (5) "Eye and its adnexa" means the human eye and all structures situated within the
57 orbit, including the conjunctiva, lids, lashes, and lacrimal system.
58 (6) "Fitting of a contact lens" means:

59 (a) the using of a keratometer to measure the human eye;
60 (b) utilizing refractive data provided by a licensed optometrist or ophthalmologist; and
61 (c) trial fitting of contact lenses, which includes a period of time for evaluation for fit
62 and performance, to determine a tentative contact lens prescription for a patient if the patient:
63 (i) has not worn contact lenses before; or
64 (ii) has changed to a different type or base curve.
65 (7) "Laser surgery" means surgery in which human tissue is cut, burned, or vaporized
66 by means of laser or ionizing radiation.
67 (8) "Ophthalmic lens" means any lens used to treat the eye and that:
68 (a) has a spherical, cylindrical, or prismatic power;
69 (b) is made pursuant to an unexpired prescription; and
70 (c) is intended to be used in eyeglasses or spectacles.
71 (9) "Optometric assistant" means an unlicensed individual:
72 (a) working under the direct and immediate supervision of a licensed optometrist; and
73 (b) engaged in specific tasks assigned by the licensed optometrist in accordance with
74 the standards and ethics of the profession.
75 (10) "Optometrist" or "optometric physician" means an individual licensed under this
76 chapter.
77 (11) "Optometry" and "practice of optometry" mean any one or any combination of the
78 following practices:
79 (a) examination of the human eye and its adnexa to detect and diagnose defects or
80 abnormal conditions;
81 (b) determination or modification of the accommodative or refractive state of the
82 human eye or its range or power of vision by administration and prescription of pharmaceutical
83 agents or the use of diagnostic instruments;
84 (c) prescription, ordering, administration, or adaptation of ophthalmic lenses, contact
85 lenses, ophthalmic devices, pharmaceutical agents, laboratory tests, or ocular exercises to
86 diagnose and treat diseases, defects, or other abnormal conditions of the human eye and its
87 adnexa;
88 (d) display of any advertisement, circular, sign, or device offering to:
89 (i) examine the eyes;

90 (ii) fit glasses or contact lenses; or
91 (iii) adjust frames;
92 (e) removal of a foreign body from the eye or its adnexa, that is not deeper than the
93 anterior 1/2 of the cornea;
94 (f) consultation regarding the eye and its adnexa with other appropriate health care
95 providers, including referral to other appropriate health care providers; and
96 (g) a person, not licensed as an optometrist, directing a licensee under this chapter to
97 withhold or alter the eye care services the licensee has ordered.
98 (12) "Pharmaceutical agent" means any diagnostic or therapeutic drug or combination
99 of drugs that has the property of assisting in the diagnosis, prevention, treatment, or mitigation
100 of abnormal conditions or symptoms of the eye and its adnexa.
101 (13) "Physician" has the same meaning as defined in Subsection 58-67-102 (7).
102 (14) "Prescription drug" has the same definition as in Section 58-17a-102 .
103 (15) "Unexpired" means a prescription that was issued:
104 (a) not more than two years prior to presentation of the prescription for an ophthalmic
105 lens; or
106 (b) in accordance with Subsection (3) for a contact lens.
107 Section 2. Section 58-16a-501 is amended to read:
108 58-16a-501. Unlawful conduct.
109 "Unlawful conduct" includes, in addition to the definition in Section 58-1-501 :
110 (1) buying, selling, or fraudulently obtaining, any optometry diploma, license,
111 certificate, or registration;
112 (2) aiding or abetting the buying, selling, or fraudulently obtaining, of any optometry
113 diploma, license, certificate, or registration;
114 (3) selling or providing contact lenses in a manner inconsistent with Section
115 58-16a-801 or intentionally altering a prescription unless the person selling the lenses is a
116 licensed optometrist or ophthalmologist; or
117 (4) representing oneself as or using the title of "optometrist," "optometric physician,"
118 "doctor of optometry," or "O.D.," unless currently licensed under this chapter.
119 Section 3. Section 58-16a-801 is amended to read:
120 58-16a-801. Contact lens seller.

121 (1) A person may sell or provide contact lenses if the person:
122 (a) does so in the ordinary course of trade from a permanently located and established
123 place of business;
124 (b) does not perform refractions, over-refractions, or attempts to traffic upon assumed
125 skill in testing the eye;
126 [(c) does not offer or give contact lenses as premiums, as defined in Section 13-26-2 ;]
127 (c) provides all contact lenses consistent with and in accordance with a valid contact
128 lens prescription;
129 (d) does not fit contact lenses;
130 (e) provides a contact lens to a patient after:
131 (i) receiving an unexpired verbal or written prescription; or
132 (ii) sending a contact lens prescription verification to the prescribing optometrist or
133 physician, regardless of whether the prescribing optometrist or physician responds to or
134 confirms the verification, provided that:
135 (A) the person has all of the information necessary to fill the prescription;
136 (B) the prescribing optometrist or physician has not informed the person that the
137 prescription has expired or is otherwise inaccurate prior to the person shipping or
138 hand-delivering the contact lens to the patient;
139 (C) the person confirms a valid, unexpired contact lens prescription for the patient if
140 the person is aware that the patient provided inaccurate prescription information in his last
141 order; and
142 (D) the person informs the patient that the prescription has expired or that there is a
143 medical problem associated with the prescription if the information is communicated by the
144 prescribing optometrist or physician to the person within 72 hours of the contact lens
145 prescription verification being sent; and
146 (f) maintains patient information, including the method and date of any prescription
147 verification, for no less than seven years.
148 (2) Nothing in this section may be construed as requiring a person to be licensed or
149 certified in any way under this or any another chapter of this title to sell contact lenses in
150 accordance with Subsection (1).

Legislative Review Note
as of 2-2-04 3:21 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel