Changes to Existing Law

The practice of optometry is declared to be a profession and is defined as: (1) The examination of the human eye and its appendages, and the; (2) The employment of any means for the measurement of the powers of visions, or any visual, muscular, neurological, interpretative, or anatomical anomalies anomaly of the visual processes, and the process; (3) The prescribing or employment of lenses, prisms, frames, mountings, and visual training procedure, the procedures; (4) The prescribing or administration, except by injection unless otherwise permitted by this chapter, of any pharmaceutical agents agent rational to the diagnosis and treatment of the human eye and its appendages, and any other; (5) The employment of any means or method for the correction, remedy, or relief of any insufficiencies insufficiency or abnormal conditions condition of the visual processes process of the human eye and its appendages except surgery. However, an optometrist may remove, provided the term "any means or method" does not include surgeries, unless otherwise permitted by this chapter; (6) The removal of a superficial foreign bodies body from the eye. The prescription; (7) The prescribing of contact lenses, except by a practitioner physician licensed under chapter 36-4, constitutes the practice of optometry. An optometrist is one who practices optometry under the provisions of this chapter; (8) The use of intense pulsed light for the treatment of dry eye disease; and (9) Subject to the requirements set forth in section 2 of this Act: (a) The intradermal injection of a paralytic agent; (b) The intralesional injection of a steroid to treat a chalazion; 26 (c) The use of a local anesthetic in conjunction with the primary removal of a pedunculated skin tag; (d) The performance of a selective laser trabeculoplasty; and (e) The performance of a posterior capsulotomy using an yttrium aluminum garnet laser. Any procedure referenced in this section, when performed by a licensed optometrist, in accordance with this chapter, does not constitute the practice of medicine, for purposes of chapter 36-4.

The board may, in compliance with chapter 1-26, may impose disciplinary sanctions against any on an optometrist for the following causes: (1) Conviction of a felony, as shown by a certified copy of the record of the court of conviction; (2) Obtaining, or attempting to obtain, a license by fraudulent misrepresentation; (3) Malpractice; (4) Continued practice when knowingly having an infectious or contagious disease, or after sustaining a physical or mental disability that renders further practice potentially harmful or dangerous; (5) Use of alcohol or other substances that renders the optometrist unfit to practice with reasonable skill and safety; (6) Engaging in any procedure set forth in subdivision 36-7-1(9), prior to meeting the requirements of this chapter; (7) Unprofessional conduct, as defined in § 36-7-25; or 32 (7)(8) Failure to submit to or cooperate with the a criminal background investigation check requested by the board under § 36-7-12.2.