Bill 2582

                    Current Status

Bill Number:               2582
Ratification Number:       343
Act Number:                312
Introducing Body:          House
Subject:                   Relating to a definition of persons
                           deemed to be practicing optometry

(A312, R343, H2582)

AN ACT TO AMEND SECTION 40-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DEFINITION OF PERSONS DEEMED TO BE PRACTICING OPTOMETRY, SO AS TO REVISE THAT DEFINITION BY PROVIDING AN EXCEPTION WITH RESPECT TO THE NONUSE OF DRUGS IN THE PRACTICE OF OPTOMETRY; TO AMEND CHAPTER 37 OF TITLE 40, AS AMENDED, RELATING TO OPTOMETRISTS, BY ADDING SECTIONS 40-37-105, SO AS TO ENACT PROVISIONS ALLOWING THE TOPICAL APPLICATION OF PHARMACEUTICAL AGENTS, OTHER THAN CONTROLLED SUBSTANCES, TO THE EYE FOR DIAGNOSTIC PURPOSES IN THE PRACTICE OF OPTOMETRY AND TO PROHIBIT A LICENSED OPTOMETRIST FROM PURCHASING, POSSESSING, OR ADMINISTERING ANY PHARMACEUTICAL AGENT UNLESS HE HAS OBTAINED A CERTAIN CERTIFICATE FROM THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTOMETRY, AND 40-37-107, SO AS TO REQUIRE AN OPTOMETRIST TO REFER A PATIENT TO AN APPROPRIATE MEDICAL DOCTOR UNDER CERTAIN CIRCUMSTANCES AND TO REQUIRE THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTOMETRY TO PROMULGATE REGULATIONS FOR THE MAINTENANCE OF RECORDS OF REFERRALS MADE PURSUANT TO THIS SECTION; AND TO AMEND CHAPTER 43 OF TITLE 40, RELATING TO PHARMACISTS, BY ADDING SECTION 40-43-155, SO AS TO ENACT PROVISIONS ALLOWING REGISTERED PHARMACISTS TO SELL PHARMACEUTICAL AGENTS, OTHER THAN CONTROLLED SUBSTANCES, TO CERTAIN CERTIFIED OPTOMETRISTS.

Be it enacted by the General Assembly of the State of South Carolina:

Optometrist defined

SECTION 1. Item (2) of Section 40-37-10 of the 1976 Code is amended to read:

"(2) Employ any means, other than the use of drugs except as provided in this chapter, for the measurement of the powers of vision or the adaptation of lenses for the aid of vision;"

Same

SECTION 2. Item (4) of Section 40-37-10 of the 1976 Code is amended to read:

"(4) Examine the human eye by the employment of any subjective or objective physical means, without the use of drugs except as provided in this chapter, to ascertain the presence of defects or abnormal conditions for the purpose of relieving them by the use of lenses, prisms, or other physical or mechanical means; or".

Application drugs to the eye

SECTION 3. Chapter 37 of Title 40 of the 1976 Code, as last amended by Act 395 of 1982, is further amended by adding:

"Section 40-37-105. A. Nothing contained in this chapter or in any other provision of law prohibits the topical application of pharmaceutical agents, other than controlled substances as defined in Section 44-53-110, to the eye for diagnostic purposes in the practice of optometry. For the purposes of this section, 'pharmaceutical agent' means: anesthetics, mydriatics, cycloplegics, miotics, dyes, and over-the-counter drugs. Miotics may be used only pursuant to the following restrictions:

(1) miotics may not be used for treatment purposes;

(2) miotics may be used only for emergency purposes involving the buildup of pressure within the eyeball;

(3) where miotics are used for emergency purposes involving the buildup of pressure within the eyeball, the optometrist shall immediately refer the patient to an ophthalmologist and file with the South Carolina Board of Examiners in Optometry a written report of the incident in the manner prescribed by the board by regulation; and

(4) the South Carolina Board of Examiners in Optometry shall ensure that the quality and quantity of miotics possessed by any optometrist is consistent with the use of miotics only for emergency purposes involving the buildup of pressure within the eyeball.

B. No licensed optometrist may purchase, possess, or administer any pharmaceutical agent unless the optometrist has obtained a certificate from the South Carolina Board of Examiners in Optometry certifying that (1) the optometrist has complied with the educational requirements promulgated by the board and (2) the optometrist has passed a pharmaceutical agent examination which must be administered by the board."

Patient referral to physician

SECTION 4. Chapter 37 of Title 40 of the 1976 Code, as last amended by Act 395 of 1982, is further amended by adding:

"Section 40-37-107. An optometrist, using judgment and that degree of skill, care, knowledge, and attention ordinarily possessed and exercised by optometrists in good standing under like circumstances, shall refer a patient to an appropriate medical doctor when the optometric examination of the patient indicates signs or symptoms of disease, which signs or symptoms require medical evaluation or treatment. The South Carolina Board of Examiners in Optometry shall promulgate regulations for the maintenance of records of referrals by optometrists in accordance with the provisions of this section."

Pharmacists may sell drugs to optometrists

SECTION 5. Chapter 43 of Title 40 of the 1976 Code is amended by adding:

"Section 40-43-155. Registered pharmacists may sell pharmaceutical agents, other than controlled substances as defined in Section 44-53-110, to optometrists who are certified by the South Carolina Board of Examiners in Optometry to purchase, possess, and administer these agents for the purpose of topically applying the agents to the eye for diagnostic purposes. For the purposes of this section, 'pharmaceutical agent' means: anesthetics, mydriatics, cycloplegics, miotics, dyes, and over-the-counter drugs."

Time effective

SECTION 6. This act shall take effect upon approval by the Governor.