Revision: May 13, 2024, 1:55 p.m.
Rep. T. Lekas, Hills. 38
May 7, 2024
2024-1815h
09/05
Amendment to SB 440
Amend RSA 327:1, IV(b) as inserted by section 6 of the bill by replacing it with the following:
(b) Shall not mean the following ophthalmic surgery procedures, except for the preoperative and postoperative care, of:
(1) The following procedures:
(A) Retina laser procedures.
(B) Penetrating keratoplasty or corneal transplant.
(C) The administration of general anesthesia.
(D) Surgery done with general anesthesia.
(E) Laser or non-laser procedures into the vitreous chamber of the eye to treat any retinal or macular disease.
(F) Any form of refractive surgery, including laser-assisted in situ keratomileusis, photorefractive keratectomy, and laser epithelial keratomileusis.
(2) The following non-laser surgical procedures:
(A) Surgery related to removal of the eye from a living human being.
(B) Surgery requiring full thickness incision or excision of the cornea or sclera other than paracentesis in an emergency situation requiring immediate reduction of the pressure inside the eye.
(C) Surgery requiring incision of the iris and ciliary body, including diathermy or cryotherapy.
(D) Surgery of the vitreous or injections into the vitreous.
(E) Surgery of the retina.
(F) Surgical extraction of the crystalline lens.
(G) Surgical intraocular implants.
(H) Surgery of the extraocular muscles.
(I) Surgery of the eyelid for suspect or confirmed malignancies or incisional cosmetic or mechanical repair of eyelids including blepharoplasty, ptosis repair, canthoplasty, and tarsorrhaphy.
(J) Surgery of or within the orbit, including orbital implants.
(K) Incisional or excisional surgery of the lacrimal system other than probing or related procedures.
(L) Surgery requiring full thickness incision or excision of the conjunctiva.
(M) Surgery to remove pterygium.
Amend the bill by replacing section 8 with the following:
8 Optometry; Examinations and Licenses; Authorization for Pharmaceutical Agents. Amend RSA 327:6-a, II to read as follows:
II. An optometrist licensed to practice optometry prior to January 1, 1993, shall complete a post-graduate course of study approved by the board covering the subjects of ocular pharmacology and the treatment and management of eye diseases and shall pass an examination administered by the National Board of Examiners in Optometry or its successor and approved by the board. [Every optometrist licensed to practice optometry after January 1, 1993, shall pass an examination administered by the National Board of Examiners in Optometry or its successor and approved by the board. To meet the requirements of this section, an approved course shall be given by an accredited school or college of optometry in the United States and shall consist of a minimum of 105 hours, of which a minimum of 25 hours shall be in direct clinical training.] The board shall adopt rules, under RSA 541-A, to carry out the provisions of this section and to [insure] ensure the safety of the public.
Amend the bill by replacing section 11 with the following:
11 New Section; Optometry; Examinations and Licenses; Authorization to Perform Ophthalmic Procedures. Amend RSA 327 by inserting after section 6-c the following new section:
327:6-d Authorization to Perform Ophthalmic Procedures.
I. Unless otherwise specified in this chapter, the board shall have the authority to determine what constitutes the practice of optometry by persons licensed under this chapter, consistent with curriculum of nationally accredited schools and colleges of optometry. The board of optometry shall adopt rules under RSA 541-A establishing the credentialing certification which shall be fulfilled before a person may be certified to perform ophthalmic procedures for the practice of optometry, including:
(a) Identification and categorization of ophthalmic procedures for the practice of optometry;
(b) Establishment of criteria to perform such procedures with proficiency;
(c) Establishment of minimum education, training, and live experience requirements for a person to perform such procedures with proficiency;
(d) Criteria for requiring proctoring and criteria for requiring such proctoring; and
(e) Outcome reporting requirements for such procedures performed by certificate holders.
II. No optometrist shall practice under this section unless the optometrist has submitted evidence of satisfactory completion of all requirements for specific procedures and the office has certified the optometrist as qualified.
Amend the bill by replacing section 12 with the following:
12 Optometry; License Renewal; Disciplinary Action. Amend RSA 327:20, II(i) to read as follows:
(i) The use of any pharmaceutical agent by an optometrist not authorized under RSA 327:6-a or the use of any pharmaceutical agent other than those agents described in RSA 327:1 or those previously approved by the [joint credentialing committee] board.
(j) Performing authorized ophthalmic procedures without certification based upon the requirements outlined in RSA 327:6-d shall be grounds for suspension or revocation of an optometry license and/or certification to perform authorized ophthalmic procedures.
Amend the bill by replacing section 13 with the following:
13 Optometry; Regulations and Penalties; Contact Lens Prescriptions to be Provided to Patient. Amend RSA 327:25-a, IV to read as follows:
IV.(a) No person shall conduct or operate a business outside of the state for the sale at retail of contact lenses to individuals within the state unless such business is registered with a permit issued by the [board of pharmacy if the out-of-state business is a pharmacy, or by the board of registration in optometry if the out-of-state business is not a pharmacy] office of professional licensure and certification.
(b) The [board of pharmacy or the board of registration in optometry] office shall issue a permit to such out-of-state business if the business discloses and provides proof:
(1) That the business is in compliance with all applicable laws and rules in the state in which the business is located;
(2) Of the operating locations and the names and titles of all principal corporate officers;
(3) That the business complies with all lawful directions and requests for information from the board of pharmacy and the board of [registration in] optometry, or other applicable licensing authority, of all states in which it conducts business;
(4) That the business agrees in writing to comply with all New Hampshire laws and rules relating to the sale or dispensing of contact lenses; and
(5) That the business has paid the established fee.
Amend the bill by replacing all after section 14 with the following:
15 Optometry; Regulation and Penalties; Rulemaking Authority. Amend RSA 327:31, V to read as follows:
V. Requirements for continuing education in addition to those requirements set by RSA 327:33[ and RSA 327:33-a];
16 Optometry; Regulations and Penalties; Continuing Education Courses Required. RSA 327:33 is repealed and reenacted to read as follows:
327:33 Continuing Education Courses Required.
An optometrist shall complete a minimum of 20 hours of continuing education by participation in formal synchronous courses each year in order to maintain an active license.
17 Repeal. The following are repealed:
I. RSA 327:6-b, relative to the optometry joint credentialing committee.
II. RSA 327:33-a, relative to continuing education courses required for pharmaceutical and glaucoma certification.
18 Effective Date. This act shall take effect 60 days after its passage.