Florida Information Associates

Florida Legislature

Staff Analyses

1993 Sessions

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1993 Session Law Number

H 843 GENERAL BILL/CS by Business & Profe11&ional Regulation; Fuller (Similar CS/S 1672) Optometry: revises definition of term "licensed practitioner": requires all licensed practitioners to be certified optometrists after specified date: amends provision re administration & prescription of topical ocular pharmaceutical agents to de­lete certification & related fee provisions: eliminates exemption for optometric eervice plan corporations re employment of licensed practitioners by corpora­tions or labor organizations, etc. Amends Ch. 463. Effective Date: 07 /01/93. 02/01/93 HOUSE Prefiled 02/09/93 HOUSE Introduced, referred to Business & Professional Regula­

tion: Appropriations -HJ 00080; Subreferred to Subcom­mittee on Professional Regulation

02/17/93 HOUSE On Subcommittee agenda-Business & Professional Regu­lation, 02/19/93, 3:30 pm, 24-HOB-Temporarily deferred

02/19/93 HOUSE On Subcommittee agenda-Business & Professional Regu­lation, 02/23/93, 4:15 pm, Morris Hall-If not considered 02/19/93

02/23/93 HOUSE Subcommittee Recommendation: Favorable with 2 amend­ment(s); On Committee agenda, pending Subcommittee action-Business & Professional Regulation, 02/24/93, 5:45 pm, Morris Hall

02/24/93 HOUSE Comm. Action: CS by Business & Professional Regulation ' -HJ 00383

03/09/93 HOUSE CS read first time on 03/09/93 -HJ 00373; Pending review l of CS under Rule 8.4; Now in Appropriations -HJ 00383

03/16/93 HOUSE On Committee agenda-Appropriations, 03/18/93, 8:00 am, Morrie Hall

03/18/93 HOUSE Comm. Action:-Favorable by Appropriations -HJ 00521; Placed on Calendar -HJ 00521

03/25/93 HOUSE Placed on Consent Calendar; Read second time -HJ 00699; Read third time; CS passed; YEAS 113 NAYS O -HJ 00699

03/25/93 SENATE In Messages 03/29/93 SENATE Received, referred to Professional Regulation; Finance,

Taxation and Claims -SJ 00512 03/30/93 SENATE Withdrawn from Professional Regulation; Finance, Tau-

03/30/93 HOUSE 04/09/93 04/25/93

tion and Claims; Substituted for CS/SB 1672; CS passed; YEAS 35 NAYS O -SJ 00541. -SJ 00607 Ordered enrolled -HJ 00994 Signed by Officers and presented to Governor Became Law without Governor's Signature; Chapter No. 93-101

NOTES: Above bill history from Division of Legislative Information's FINAL LEGISLA­

TIVE BILL INFOR11ATION, 1993 SESSIONS. Staff Analyses for bills amended beyond

final corrunittee action may not be in accordance with the enacted law. Jo1urnal page

numbers (HJ & SJ) refer to daily Journals and may not be the same as final bound

Journals.

STORAGE NAME: h0843slz.bpr DATE: April 27, 1993

°/:l- /0/**AS PASSED BY THE LEGIS TURE**

CHAPTER#: 93-101, Laws of Florida HOUSE OF REPRESENTATIVES

COMMITTEE ON BUSINESS AND PROFESSIONAL REGULATION

FINAL BILL ANALYSIS & ECONOMIC IMPACT STATEMENT

BILL#: CS/HB 843 RELATING TO: Optometry SPONSOR(S): Committee on Business and Professional Regulation and

Representative Fuller STATUTE(S) AFFECTED: Sections 463.002, 463.007, and 463.014, Flori· a

Statutes COMPANION BILL(S): CS/SB 1672(c)

ORIGINATING COMMITTEE(S)/COMMITTEE(S) OF REFERENCE: (1) BUSINESS AND PROFESSIONAL REGULATION YEA 22 (2) APPROPRIATIONS YEA 26 (3) SENATE PROFESSIONAL REGULATION (W/0) (4) SENATE FINANCE, TAXATION&. CLAIMS (W/0) ( 5)

NAY 0NAY 0

******************************************************************* ******* I. SUMMARY:

CS/HB 843 revises the definition of "licensed practitioner" to requirethat all practitioners licensed after July 1, 1993, under the O tometryPractice Act, be certified optometrists. Language rela�ing tocertification for administration and prescription of topicai ocularpharmaceutical agents by licensed practitioners is delet�d, andcertification requirements are added to the section describinglicensure by examination. Persons passing the examination andl meetingother requirements of the chapter are certified to administer andprescribe topical ocular pharmaceutical agents in the diagn�sis andtreatment of ocular conditions. Continuing education require

,

nts arerevised requiring transcript-quality coursework in ocular and ystemicpharmacology and the diagnosis, treatment, and management of o ular andsystemic conditions and diseases. An exemption for optometric serviceplan corporations relating to employment of licensed practit

r

· ners bycorporations or labor organizations is eliminated.

The current fee for the certification examination is $350. Th"s amountincludes a $100 application fee. All licensees will have to �ake thecertification exam in addition to the basic examination which costs$325. Thus the cost for licensure in Florida will be increas d. Theadministrative costs to the Department of Professional Regulation willbe offset by these fees.

CS/HB 843 became law without the Governor's signature on A ril 25,1993, chapter 93-101, Laws of Florida.

STANDARD F01 11/90

STORAGE NAME: h0843slz.bpr DATE: April 27, 1993 PAGE 2

II. SUBSTANTIVE ANALYSIS:

A. PRESENT SITUATION:

Under existing law, optometrists may elect to take the examination for certification and become certified to administer and prescribe topical ocular pharmaceuticals.

B. EFFECT OF PROPOSED CHANGES:

This bill amends chapter 463, F.S., to require all practitionerslicensed after July 1, 1993, to be certified optometrists. Languagerelating to certification for administration and prescription oftopical ocular pharmaceutical agents by licensed practitioners isdeleted, and certification requirements are added to the sectiondescribing licensure by examination. Persons passing theexamination and meeting other requirements of the chapter arecertified to administer and prescribe topical ocular pharmaceuticalagents in the diagnosis and treatment of ocular conditions.Continuing education requirements are revised to include transcript­quality coursework in ocular and systemic pharmacology and thediagnosis, treatment and management of ocular and systemicconditions and diseases. An exemption for optometric service plancorporations relating to employment of licensed practitioners bycorporations or labor organizations is eliminated.

C. SECTION-BY-SECTION ANALYSIS:

Section 1. Amends section 463.002(3), Florida Statutes, to revise the definition for licensed practitioner to include a requirement that all practitioners licensed after July 1, 1993, must be certified optometrists and to place certification requirements in the licensure requirement section.

Section 2. Amends section 463. 0055, Florida Statutes, to delete language relating to c�rtification requirements.

Section 3. Amends section 463.0057, Florida Statutes, to correct a cross reference.

Section 4. Amends section 463. 006, Florida Statutes, to require certification by examination, along with required fee payment, and transcript-quality coursework in ocular and systemic pharmacology and the diagnosis, treatment, and management of ocular and systemic conditions and diseases as continuing education requirements.

Section 5. continuing diagnosis, conditions

Amends section 463. 007, Florida Statutes, to include education requirements in systemic pharmacology and the

treatment and management of ocular and systemic and diseases.

Section 6. Amends section 463.014(2), Florida Statutes, to eliminate an exemption for optometric service plan corporations relating to employment of licensed practitioners by corporations or labor organizations.

STANDARD FORM 11/90

STORAGE NAME: h0843slz.bpr DATE: April 27, 1993 PAGE 3

Section 7. Provides an effective date of July 1, 1993.

III. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT:

A. FISCAL IMPACT ON STATE AGENCIES/STATE FUNDS:

1. Non-recurring Effects:

None.

2. Recurring Effects:

Revenues: 1993-94 Dept. of Prof. Regulation

Prof. Regulation Trust Fund $56,000

3. Long Run Effects Other Than Normal Growth:

None.

4. Total Revenues and Expenditures:

Revenues: 1993-94 Dept. of Prof. Regulation

Prof. Regulation Trust Fund $56,000

B. FISCAL IMPACT ON LOCAL GOVERNMENTS AS A WHOLE:

1. Non-recurring Effects:

None.

2. Recurring Effects:

None.

3. Long Run Effects Other Than Normal Growth:

None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

1. Direct Private Sector Costs:

Optometrists licensed after July 1, 1993, would have to take thecertification exam in addition to the basic exam at a cost of$350 per person.

2. Direct Private Sector Benefits:

According to the Florida Optometric Association, this le islationwill benefit citizens by increasing access to high qualiiy, lowercost medical eye care.

STANDARD 11/90

STORAGE NAME: h0843slz.bpr DATE: April 27, 1993 PAGE 4

3. Effects on Competition, Private Enterprise and Employment Markets:

Unknown.

D. FISCAL COMMENTS:

Fiscal information was provided by the Department of ProfessionalRegulation.

IV, CONSEQUENCES OF ARTICLE VII, SECTION 18 OF THE FLORIDA CONSTITUTION:

A, APPLICABILITY OF THE MANDATES PROVISION:

Not applicable.

B, REDUCTION OF REVENUE RAISING AUTHORITY:

Not applicable.

C. REDUCTION OF STATE TAX SHARED WITH COUNTIES AND MUNICIPALITIES:

Not applicable.

V. COMMENTS:

None.

VI. AMENDMENTS OR COMMITTEE SUBSTITUTE CHANGES:

The committee substitute contains language in sections 2. and 3. whichwas left out when the original bill was drafted. These sections deletelanguage in section 463. 0055, F. S., relating to certification foradministration and prescription of topical ocular pharmaceutical agentsby licensed practitioners who have fulfilled certain requirements.Certification requirements are added to section 463.006, F.S., ( licensure by examination). Persons passing the examination and meeting the other requirements of the chapter are certified to administer and prescribe topical ocular pharmaceutical agents in the diagnosis and treatment of ocular conditions.

VII, SIGNATURES:

COMMITTEE ON BUSINESS AND PROFESSIONAL REGULATION:

Prepared by: Staff Director:

Susan D. Reese Lucretia Shaw Collins

STANDARD FORM 11/90

STORAGE NAME: h0843slz.bpr DATE: April 27, 1993 PAGE 5

COMMITTEE ON APPROPRIATIONS: Prepared by:

Leo Charles Lachat

Staff Director:

Peter J. Mitchell

FINAL ANALYSIS PREPARED BY COMMITTEE

REGULATION:

;:z;;;=

�� Susan D. Reese

STANDARD FORM 11/90

REVISED: BILL NO. CS SB 16 2

Page DATE: March 1, 1993

SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT

ANALYST REFERENCE -,19---1. Munroe

STAFF DIRECTOR

Masterton ?!>fY" 1. PR

ACTION

Fav/CS 2.3.4.

2. ""F=T----3.4.

SUBJECT: BILL NO. AND SPONSOR:

Optometry

I. SUMMARY:

A. Present Situation:

CS/SB 1672 by Professional Regulation committee and Senator Dudley

The Board of Optometry within the Department of ProfessionalRegulation (DPR) regulates the practice of optometry underchapter 463, F.S. The chapter provides definitions andapplication procedures for licensure and licensure renewal.Section 463.006, F.S., provides licensure requirements foroptometrists which include: graduation from an accreditedschool or college of optometry: successful passage of anational examination: payment of an examination fee no greaterthan $325; and passage of a state examination which assessesthe applicant's clinical skills and knowledge of Florida lawand rules related to the practice of optometry.

Licensed optometrists who meet the requirements under s.463.0055, F.S., may become certified to administer andprescribe topical ocular pharmaceutical agents. Certifiedoptometrists may administer and prescribe certain topicalocular pharmaceutical agents after successful completion of 110hours of course work and clinical training in general andocular pharmacology, 1 year of supervised experience indifferential diagnosis of eye disease or disorders as part ofthe optometric training, and passage of an examination whichtests knowledge of general and ocular pharmacology, with anemphasis on the topical application of pharmaceutical agentsand their side effects.

e. Effect of Proposed Changes:

Effective July 1, 1993, the committee substitute requires alloptometry licensure applicants to meet the qualificationscurrently imposed on certified optometrists. The committeesubstitute also amends the licensure by examinationrequirements in s. 463.006, F.S., to require applicants to payan application fee no greater than $150 and an examination feeno greater than $675 to cover both the basic licensure andcertification examinations. The committee substitute amendsthe licensure renewal provisions to require certifiedoptometrists to take continuing education courses in ocular andsystemic pharmacology, including the diagnosis and treatment ofocular and systemic conditions and diseases.

In addition, the committee substitute provides an applicationand examination procedure for individuals seeking certificationwho are already licensed as optometrists on the effective dateof the act. In order to be eligible to take the examination tobecome a certified optometrist, the licensed optometrist must:pay an application fee no greater than $250 and an examinationfee no greater than $300; successfully complete 110 hours ofcoursework in general and ocular pharmacology at an accreditedinstitution; and complete at least 1 year of supervised

'j.J -/OJ

REVISED: BILL NO. CS/SB 167l

Page�DATE: March 1, 1993

experience in differential diagnosis of eye disease or disorders in optometric training or in a clinical setting.

II. ECONOMIC IMPACT AND FISCAL NOTE:

A. Public:

After July 1, 1993, optometry licensure applicants under thecommittee substitute will incur additional costs to take both the national licensure examination and the certification examination; however, these costs are mitigated to the extentthese practitioners may provide optometric services currently limited to certified optometrists.

B. Government:

To the extent the DPR must administer the provisions of thecommittee substitute it will incur costs; however, these costsshould be covered by the fees authorized under the committee substitute.

III. MUNICIPALITY/COUNTY MANDATES RESTRICTIONS:

None.

IV. COMMENTS:

A similar bill, CS/HB 843 passed favorably out of the House Business & Professional Regulation Committee.

V. AMENDMENTS:

None.