SB 375 — Optometrists; allowed to perform laser surgery if certified by Board of Optometry.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E16 An Act to amend and reenact §§ 54.1-2400.01:1, 54.1-3200, and 54.1-3201 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 32 of Title 54.1 an article numbered 6, consisting of a section numbered 54.1-3225, relating to optometrists;

laser surgery.redsurgery. 6, R O [S 375] L Approved L Be it enacted by the General Assembly of Virginia:

E[S 1.375] Approved March 9, 2022 Be it enacted by the General Assembly of Virginia:

That1. §§ 54.1-2400.01:1, 54.1-3200, and 54.1-3201 of the Code of Virginia are amended and D article numbered 6, consisting of a section numbered 54.1-3225, as follows:of Title 54.1 an § 54.1-2400.01:1.

That §§ 54.1-2400.01:1, 54.1-3200, and 54.1-3201 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 32 of Title 54.1 an article numbered 6, consisting of a section numbered 54.1-3225, as follows:

§ 54.1-2400.01:1.

For the purposes of this subtitle, except as used in Chapter 38 (§ 54.1-3800 et seq.) related to veterinary medicine, "surgery" means the structural alteration of the human body by the incision or cutting into of tissue for the purpose of diagnostic or therapeutic treatment of conditions or disease processes by any instrument causing localized alteration or transposition of live human tissue, but does not include the following:

procedures for the removal of superficial foreign bodies from the huBanhuman body, punctures, injections, dry needling, acupuncture, or removal of dead tissue.

For the purp7sespurposes of thiB.this section, incision shall not mean the scraping or brushing of live tissue.

NoB. person shall perform surgery unless he is (i) licensed by the Board of Medicine as a dEctor of medicine, osteopathy, or podiatry;

No person shall perform surgery unless he is (i) licensed by the Board of Medicine as a doctor of medicine, osteopathy, or podiatry;

practiceC. in effect on January 1, 2012, of any profession licensed by any of the health regulatory boards within the Department of Health Professions.

Nothing in this section shall be construed to restrict, limit, change, or expand the scope of practice in effect on January 1, 2012, of any profession licensed by any of the health regulatory boards within the Department of Health Professions.

"Practice of optometry" means the examination of the human eye to ascertain the presence of defects or abnormal conditions which may be corrected or relieved by the use of lenses, prisms or ocular exercises, visual training or orthoptics;

An optometrist may treat certain diseases or abnormal conditions of the human eye and its adnexa with certain therapeutic evaluation,pharmaceutical examination,agents diagnosis,only andas treatmentpermitted ofunder abnormalthis orchapter. diseased conditions of the human eyehe and its adnexa by the use of medically recognized and appropriate devices, procedures, or technologies.

The practice of optometry also includes the evaluation, examination, diagnosis, and treatment of abnormal or diseased conditions of the human eye and its adnexa by the use of medically recognized and appropriate devices, procedures, or technologies.

"TPA-certified optometrist" means an optometrist who is licensed under this chapter and who has successfully completed the requirements for TPA certification established by the Board pursuant to ScheduleArticle II5 controlled substances consisting of hydrocodone in combination with acetaminophen andadminister Schedules III through VI controlled substances and devices as set forth in the Drug Control Act of 3 (§ 54.1-340054.1-3222 et seq.)seq.). to treat diseases, including abnormal conditions, of the human eye and its adnexa, as determined by the Board.

Such certification shall not,enable however,an permitoptometrist treatmentto throughprescribe surgery,and including,administer butSchedule notII limitedcontrolled to,substances laserconsisting surgery,of otherhydrocodone invasivein modalities,combination orwith theacetaminophen useand ofSchedules injections,III includingthrough venipunctureVI andcontrolled intravenoussubstances injections,and exceptdevices as providedset forth in §the 54.1-3222Drug orControl forAct treatment(§ of54.1-3400 emergencyet casesseq.) to treat diseases, including abnormal conditions, of anaphylacticthe shockhuman witheye intramuscularand epinephrine.its adnexa, as determined by the Board.

Such certification shall not, however, permit treatment through surgery, of 3 including, but not limited to, laser surgery, other invasive modalities, or the use of injections, including venipuncture and intravenous injections, except as provided in § 54.1-3222 or for treatment of emergency cases of anaphylactic shock with intramuscular epinephrine.

The Board shall certify an optometrist to perform laser surgery consisting of peripheral iridotomy, selective laser trabeculoplasty, and YAG capsulotomy for the medically appropriate and recognized of 3 treatment of the human eye through revision, destruction, or other structural alteration of the tissue of the eye using laser technology upon submission by the optometrist of evidence satisfactory to tEethe Board tha1.that he:

1.

and of 3 2.

Has satisfactorily completed such didactic and clinical training programs provided by an R accredited school or college of optometry that includes training in the use of lasers for the mOdicallymedically appropriate and recognized treatment of the human eye as the Board may require.

L B.

The Board shall indicate on any license issued pursuant to this chapter to an optometrist certified 2.to perform laser surgery pursuant to this section that the optometrist is so certified.

That2. the Board of Optometry shall promulgate regulations establishing criteria for certification of an optometrist to perform certain procedures limited to peripheral iridotomy, selective laseE trabeculoplasty, and YAG capsulotomy for the medically appropriate and recognized treatment of the human eye through revision, destruction, or other structural alteration of the tissue of the eye using approved laser technology.

That the Board of Optometry shall promulgate regulations establishing criteria for certification of an optometrist to perform certain procedures limited to peripheral iridotomy, selective laser trabeculoplasty, and YAG capsulotomy for the medically appropriate and recognized treatment of the human eye through revision, destruction, or other structural alteration of the tissue of the eye using approved laser technology.

(ii) identification and categorization of procedures for the purpose of issuing procedures;certificates;

(iii) establishment of an application process for certification to perform such procedures;

S 3.

That the Board of Optometry (the Board) shall promulgate regulations requiring optometrists 3oto annually register with the Board and to report certain information as deemed appropriate by the5 against a person licensed by the BoardBoard. in another state or in a federal health institution orn R voluntary surrender of a license in another state while under investigation;

The regulations shall include required reporting for:

(i) any disciplinary action taken against a person licensed by the Board in another state or in a federal health institution or voluntary surrender of a license in another state while under investigation;

and (iv) any evidence that indicates a reasonable belief that a person licensed by the Board is or may be professionally incompetent, has or may have engaged in intentional or negligent conduct that causes or is likely to cause injury to a patient or patients, has or may have engaged in unprofessional conduct, or may be mentally or physically 4.unable to engage safely in the practice of his profession.

4.

The Board shall report annually to the Governor and the Secretary of Health and Human Resources regarding the performance of laser surgery by optometrists during the previous 12-month period and shall make such report available on the Board's website.

The provisions of this enactmentdenactment shall expire on July 1, 2025.