Bill Text: AZ SB1033 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Optometry board; omnibus
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-04-19 - Governor Signed [SB1033 Detail]
Download: Arizona-2011-SB1033-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1033 |
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AN ACT
Amending sections 32-1702, 32-1706, 32-1722, 32-1723 and 32-1725, Arizona Revised Statutes; Changing the designation of title 32, CHAPTER 16, article 5, Arizona Revised Statutes, to "nonresident dispensers of REPLACEMENT SOFT CONTACT LENSES"; relating to the state board of optometry.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-1702, Arizona Revised Statutes, is amended to read:
32-1702. Board of optometry; appointment; qualifications; term; removal
A. There is established a state board of optometry which consists of six members appointed by the governor. Terms of office are for four years expiring on July 1 of the respective year. Four members shall have been licensed and engaged in the active practice of the profession of optometry in this state for at least three years immediately prior to appointment, one member shall be a physician licensed pursuant to chapter 13 or 17 of this title, and one member shall be a lay person with no interest, direct or indirect, in the practices of optometry, opticianry or medicine.
A. The state board of optometry is established consisting of the following members who are appointed by the governor to staggered four-year terms that end on July 1:
1. Five members who have been licensed and engaged in the active practice of optometry in this state for at least three years immediately before the appointment.
2. One public member who does not have a direct or indirect interest in the practice of optometry, opticianry or medicine.
3. One member who is a physician licensed pursuant to chapter 13 or 17 of this title.
B. The governor may remove any professional member for incompetency or unprofessional conduct or when his if the member's license has been revoked or suspended or when he if the member has been censured or placed on probation. The governor may remove any member for neglect of duty or improper conduct. The unexcused absence of a member for more than two consecutive meetings is justification for removal. Appointment by the governor to fill a vacancy caused other than by expiration of a term is for the unexpired portion of the term.
C. A member of the board is ineligible to serve more than two consecutive full terms. The completion of the unexpired portion of a full term does not constitute a full term for purposes of this subsection.
D. The board shall conduct regular meetings at least six times each year at times and places designated by the board or the governor. Special meetings may be called that the president determines are necessary to carry out the functions of the board, including meetings using communications equipment that allows all members participating in the meetings to hear each other.
E. A majority of the members of the board constitutes a quorum and a majority vote of a quorum present at any meeting governs all actions taken by the board.
Sec. 2. Section 32-1706, Arizona Revised Statutes, is amended to read:
32-1706. Use of pharmaceutical agents
A. A licensee may prescribe, dispense and administer over‑the‑counter pharmaceuticals and topical prescription pharmaceuticals subject to the pharmaceutical agent classifications specified in section 32‑1728.
B. A licensee may prescribe, dispense and administer the following oral prescription pharmaceuticals subject to the pharmaceutical agent classifications specified in section 32‑1728:
1. Antibiotics classified as tetracycline and its derivatives, cephalosporins, penicillin and its derivatives and macrolides and antivirals for the treatment of diseases of the eye and its adnexa. A licensee may prescribe these antibiotics and antivirals for any one patient for each occurrence for a period not more than the day limit recommended by the manufacturer or by the physicians' desk reference. If the patient's condition is other than blepharitis and does not improve during the first seventy‑two hours of treatment by means of an oral antibiotic or an oral antiviral, the licensee shall consult with the patient's primary care physician or other family physician for the purpose of referral of the patient to a physician who specializes in ophthalmology, infectious diseases, internal medicine or neurology. After the referral has been made, the licensee shall consult with the specialist. The licensee shall note the consultation in the patient's file. If the treatment is by oral antibiotics for blepharitis and if the patient's condition does not improve during the first ten days of treatment, the licensee shall request the patient's primary care physician or other family physician to refer the patient to a physician who specializes in ophthalmology, infectious diseases, internal medicine or neurology. On notification of the referral the licensee shall consult with the specialist. The licensee shall note the consultation in the patient's file. If the condition is not resolved at the end of the normal treatment period, the licensee shall request the patient's primary care physician or other family physician to refer the patient to a physician who specializes in ophthalmology, infectious diseases, internal medicine or neurology. On notification of the referral the licensee shall consult with the specialist. The licensee shall note the consultation in the patient's file. A licensee shall not prescribe, dispense or administer an oral antibiotic or an oral antiviral to a person who is under six years of age. For the purposes of this paragraph, "physician" means a person who is licensed pursuant to chapter 13 or 17 of this title.
2. Antihistamines. A licensee may prescribe an antihistamine for not more than seven days for any one patient for each occurrence. If the patient's condition does not improve during the first seven days of treatment, the licensee shall refer the patient to the patient's primary care physician or other physician licensed pursuant to chapter 13 or 17 of this title.
3. Nonprescription Nonsteroidal anti‑inflammatory agents. A licensee may prescribe a nonsteroidal anti-inflammatory agent for not more than fourteen days for any one patient for each occurrence. A licensee shall not prescribe, dispense or administer a nonsteroidal anti-inflammatory agent to a person who is under six years of age. A licensee may prescribe, dispense and administer these agents in dosages that exceed over‑the‑counter dosages but that do not exceed maximum dosages of counterpart prescription nonsteroidal anti‑inflammatory agents.
C. A licensee may prescribe, dispense and administer a schedule III controlled substance only if it is an analgesic.
D. A licensee shall not prescribe, dispense or administer the following prescription substances:
1. An oral steroid.
2. An oral antifungal.
3. An oral carbonic anhydrase inhibitor.
4. An oral antimetabolite.
5. An oral immunosuppressive.
6. A substance administered intravenously.
7. Except as provided in subsection E of this section, substances administered by injection.
8. A schedule I, II, IV or V controlled substance.
9. An oral agent for the treatment of closed angle glaucoma attack.
10. Except as provided in subsection B, paragraph 3, an oral nonsteroidal anti‑inflammatory agent.
E. A licensee may use epinephrine auto‑injectors to counteract an anaphylactic reaction. A licensee who uses auto‑injectors may order and maintain anaphylactic‑related supplies. The board shall require a licensee to maintain in the licensee's office medically necessary supportive equipment and supplies that are used in connection with the treatment of an anaphylactic reaction, including oxygen equipment, airway maintenance equipment or other necessary equipment consistent with the prevailing standard of care as specified by the board. END_STATUTE
Sec. 3. Section 32-1722, Arizona Revised Statutes, is amended to read:
32-1722. Qualifications of applicant; applications
A. A person of good moral character who desires wishes to engage in the practice of the profession of optometry shall file with the board not less than thirty days before the date on which an examination is to be held a verified application with the required application fee that includes:
1. The applicant's name, age and address.
2. Documentation of graduation from a university or college that teaches the profession of optometry and that is accredited by a nationally accepted accrediting body on optometric education.
3. Documentation of satisfactory completion of an equivalent course of study that is approved by the board in didactic education, pharmacology and clinical training in the examination, diagnosis and treatment of conditions of the human eye and its adnexa and that either:
(a) Meets the contemporary educational requirements at colleges of optometry in the United States.
(b) Totals at least one hundred twenty hours.
4. Documentation of the successful passage of a written examination as prescribed by the board.
5. Background information on a form prescribed by the attorney general for the purpose of conducting an investigation into the existence of prior arrests and convictions.
6. Disclosure of any investigation conducted or pending by an optometric regulatory board in another jurisdiction in the United States.
B. On receipt of an application in proper form and containing the information prescribed in subsection A of this section, the board may investigate the applicant's character, ability and experience.
C. For the purposes of an investigation that is conducted pursuant to subsection B of this section, the board may subpoena witnesses, administer oaths and take testimony with respect to the character of the applicant or to any matter affecting the application at a hearing held after sufficient notice has been given.
D. If the board finds that the applicant has passed the examination provided for under section 32‑1724 and that the applicant's character, ability and experience are satisfactory, the board shall issue a license.
Sec. 4. Section 32-1723, Arizona Revised Statutes, is amended to read:
32-1723. Licensure by endorsement
The board shall waive the written examination requirements of this chapter if all of the following are true:
1. The applicant submits a license or a certified copy of a license to practice optometry issued by the regulatory board of another jurisdiction of the United States that has licensure requirements that the board determines meet or exceed the requirements of this chapter.
2. The license of the applicant has not been suspended or revoked by any other licensing jurisdiction of the United States for any cause that is a ground for suspension or revocation of a license under this chapter.
3. The applicant has been engaged in the practice of the profession of optometry continuously in the other licensing jurisdiction or in a United States military branch of service for not less than four of the five years immediately preceding the application or in the military.
4. The information provided by national data banks designated by the board has successfully verified the applicant.
5. The applicant meets the requirements of section 32‑1722 concerning good moral character.
Sec. 5. Section 32-1725, Arizona Revised Statutes, is amended to read:
32-1725. Issuance of license
The board shall issue to each applicant who satisfactorily passes the examination shall upon payment of the issuance fee be issued and who pays the license issuance fee pursuant to section 32-1727 a license under the seal and signatures of the members of the board. Failure to An applicant who does not pay the issuance fee within sixty days necessitates the retaking of the examination. must submit a new application and all applicable fees pursuant to section 32-1727.
Sec. 6. Heading change
The article heading of title 32, chapter 16, article 5, Arizona Revised Statutes, is changed from "REPLACEMENT SOFT CONTACT LENSES" to "NONRESIDENT DISPENSERS OF REPLACEMENT SOFT CONTACT LENSES".
Sec. 7. Retention of members
Notwithstanding section 32-1702, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state board of optometry on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
