Optometry
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HB 449 — Optometry
Last action — Died in Rules
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2025 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Optometry; Revises membership requirements for Board of Optometry; revises & provides rules to be implemented by board; revises requirements for administration & prescription of ocular pharmaceutical agents & provisions related to topical & oral ocular pharmaceutical agent formularies established by board; authorizes optometrist certified in ophthalmic procedures to perform certain procedures; requires board to determine required content, grading criteria, & passing score for such examination; authorizes certain procedures certified optometrist may perform; prohibits commercial or mercantile establishment from having any control over manner in which licensee practices optometry; removes provision prohibiting surgery of any kind; authorizes specified titles & abbreviations for certified optometrists; provides requirements for demonstration of financial responsibility as condition of licensure.
Bill Text
What changed in the latest version
732 added · 697 removed732 line(s) added, 697 removed.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 449 2025 A bill to be entitled An act relating to optometry;
revising conditions of licensure to Page 1 of 2728 CODING:
hb449-02-c2hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 449 2025 include the successful completion and passage of a specified course and examination;
463.0186, F.S.;
providing requirements for advertisements;
providing penalties;
providing that certain licensed persons are fully responsible for the content of all advertisements before publication;
creating s.
providing requirements for the demonstration of financial responsibility as a conditionterm of licensure;
providing applicability;construction;
Section 463.002, Florida Statutes, is amended toPage read:2 of 28 CODING:
Words stricken are deletions;
words underlined are additions.
hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 to read:
(1)(10)(1) "Appendages""Advertisement" and "advertising" means any statements, oral or written, disseminated to or before the eyelids,public or any portion thereof, with the eyebrows,intent of furthering the conjunctiva,purpose, andeither directly or indirectly, of selling professional services or ophthalmic goods, offering to perform professional services, or inducing members of the lacrimalpublic apparatus.to enter into any obligation relating to such professional services.
Page(2)(10) 2"Appendages" ofmeans 27the CODING:eyelids, the eyebrows, the conjunctiva, and the lacrimal apparatus.
(3)(1) "Board" means the Board of Optometry.
(4) "Certified optometrist" or "certified optometric physician" means a licensed practitioner authorized by the board to administer and prescribe ocular pharmaceutical agents.
(5)(12) "Clock hours" means the actual time engaged in approved coursework and clinical training.
(6)(2) "Department" means the Department of Health.
(7)(8) "Direct supervision" means supervision to an extent that the licensee remains on the premises while all procedures are being done and gives final approval to any procedures performed by an employee.
(8)(9) "General supervision" means the responsible supervision of supportive personnel by a licensee who need not be present when such procedures are performed, but who assumes Page 3 of 28 CODING:
hb449-02-c2hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 449 2025 (2)(1)legal "Board"liability meanstherefor. the Board of Optometry.
(3)(4) "Certified optometrist" or "certified optometric physician" means a licensed practitioner authorized by the board to administer and prescribe ocular pharmaceutical agents.
(4)(12) "Clock hours" means the actual time engaged in approved coursework and clinical training.
(5)(2) "Department" means the Department of Health.
(6)(8) "Direct supervision" means supervision to an extent that the licensee remains on the premises while all procedures are being done and gives final approval to any procedures performed by an employee.
(7)(9) "General supervision" means the responsible supervision of supportive personnel by a licensee who need not be present when such procedures are performed, but who assumes legal liability therefor.
(8)(3)(a)(9)(3)(a) "Licensed practitioner" means a person who is a primary health care provider licensed to engage in the practice of optometry under the authority of this chapter.
(b) A licensed practitioner who is not a certified optometrist shall be required to display at her or his place of Pagepractice 3a ofsign 27which CODING:states, "I am a Licensed Practitioner, not a Certified Optometrist, and I am not able to prescribe ocular pharmaceutical agents." (c) All practitioners initially licensed after July 1, 1993, must be certified optometrists.
Words(10)(5) stricken"Ocular arepharmaceutical deletions;agent" means a pharmaceutical agent that is administered or prescribed topically or orally for the diagnosis or treatment of ocular conditions of the human eye and its appendages without the use of surgery or other invasive techniques.
words(11) underlined"Optometrist arecertified additions.in ophthalmic procedures" means a certified optometrist who may perform board-approved laser and non-laser ophthalmic procedures and therapies under s.
hb449-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 449 2025 practice a sign which states, "I am a Licensed Practitioner, not a Certified Optometrist, and I am not able to prescribe ocular pharmaceutical agents." (c) All practitioners initially licensed after July 1, 1993, must be certified optometrists.
(9)(5) "Ocular pharmaceutical agent" means a pharmaceutical agent that is administered or prescribed topically or orally for the diagnosis or treatment of ocular conditions of the human eye and its appendages without the use of surgery or other invasive techniques.
(10) "Optometrist certified in ophthalmic procedures" means a certified optometrist who may perform board-approved laser and non-laser ophthalmic procedures and therapies under s.
(11)(7)Page "Optometry"4 means the diagnosis, evaluation, treatment, and management of conditions28 ofCODING: the human eye and its appendages, including any visual, muscular, neurological, or anatomical anomalies and chronic systemic conditions relating to the eye and its appendages;
the determination of the refractive powers of the human eyes;
and the prescribing and employment of any objective or subjective means or methods, including the administration of ocular pharmaceutical agents, contact lenses, spectacle lenses, magnification lenses, orthoptic exercises, vison therapy, low vision rehabilitation devices, electromagnetic waves, pulsating light and light frequencies, Page 4 of 27 CODING:
hb449-02-c2hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 449 2025 ophthalmic(12)(7) procedures"Optometry" andmeans therapies,the anddiagnosis, neuro-optometricevaluation, rehabilitativetreatment, therapyand formanagement theof diagnosis,conditions evaluation,of correction,the remedy,human treatment,eye management,and orits reliefappendages, ofincluding any insufficiency,visual, anomaly,muscular, abnormality,neurological, or diseaseanatomical conditionanomalies and chronic systemic conditions relating to the human eye orand its appendages.appendages;
the determination of the refractive powers of the human eyes;
Show all 225 changed lines (185 more)
and the prescribing and employment of any objective or subjective means or methods, including the administration of ocular pharmaceutical agents, contact lenses, spectacle lenses, magnification lenses, orthoptic exercises, vison therapy, low vision rehabilitation devices, electromagnetic waves, pulsating light and light frequencies, ophthalmic procedures and therapies, and neuro-optometric rehabilitative therapy for the diagnosis, evaluation, correction, remedy, treatment, management, or relief of any insufficiency, anomaly, abnormality, or disease condition relating to the human eye or its appendages.
and the prescribing and employment of lenses, prisms, frames, mountings, contact lenses, orthopticPage exercises,5 light frequencies, and any other means or methods, including ocular pharmaceutical agents, for the correction, remedy, or relief of any28 insufficienciesCODING: or abnormal conditions of the human eyes and their appendages.
(12) "Refraction" means the use of lenses and ocular pharmaceutical agents during the course of a comprehensive medical eye examination to determine a patient's visual, neurological, and physical requirements to attain optimal visual and perceptual performance.
(13)(6) "Surgery" means a procedure using an instrument, including a laser, scalpel, or needle, in which human tissue is Page 5 of 27 CODING:
hb449-02-c2hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 449 2025 cut,orthoptic burned,exercises, scraped,light exceptfrequencies, asand providedany inother s.means or methods, including ocular pharmaceutical agents, for the correction, remedy, or relief of any insufficiencies or abnormal conditions of the human eyes and their appendages.
(13) "Refraction" means the use of lenses and ocular pharmaceutical agents during the course of a comprehensive medical eye examination to determine a patient's visual, neurological, and physical requirements to attain optimal visual and perceptual performance.
(14)(6) "Surgery" means a procedure using an instrument, including a laser, scalpel, or needle, in which human tissue is cut, burned, scraped, except as provided in s.
(14)(11)(15)(11) "Transcript-quality" means a live and in-person course which is in conjunction with or sponsored by a school or college of optometry or equivalent educational entity, which course is approved by the board and requires a test and passing grade.
463.003Page Board6 of Optometry.—28 (2)CODING: Five members of the board must be certified optometrists or optometrists certified in ophthalmic procedures licensed practitioners actively practicing in this state.
The remaining two members must be citizens of the state who are not, and have never been, licensed practitioners and who are in no way connected with the practice of optometry or with any vision- oriented profession or business.
At least one member of the board must be 60 years of age or older.
(4) All applicable provisions of chapter 456 relating to activities of regulatory boards that do not conflict with this Page 6 of 27 CODING:
hb449-02-c2hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 449 2025 chapter463.003 shallBoard apply.of Optometry.— (2) Five members of the board must be certified optometrists or optometrists certified in ophthalmic procedures licensed practitioners actively practicing in this state.
The remaining two members must be citizens of the state who are not, and have never been, licensed practitioners and who are in no way connected with the practice of optometry or with any vision- oriented profession or business.
At least one member of the board must be 60 years of age or older.
(4) All applicable provisions of chapter 456 relating to activities of regulatory boards that do not conflict with this chapter shall apply.
(b) Minimum equipment that a certified optometrist, an optometrist certified in ophthalmic procedures, or which a licensed practitioner must shall at all times possess to lawfullyPage engage7 in the practice of optometry.28 CODING:
Words stricken are deletions;
words underlined are additions.
hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 lawfully engage in the practice of optometry.
(h) Laser and non-laser ophthalmic procedures and Pagetherapies 7an optometrist certified in ophthalmic procedures may perform, including, but not limited to, the standards of 27practice CODING:for such ophthalmic procedures and therapies.
Words stricken are deletions;
words underlined are additions.
hb449-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 449 2025 therapies an optometrist certified in ophthalmic procedures may perform, including, but not limited to, the standards of practice for such ophthalmic procedures and therapies.
(m) Standards for the use of telehealth by providers licensedPage under8 thisof section28 andCODING: providers registered under s.
Words stricken are deletions;
words underlined are additions.
hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 licensed under this section and providers registered under s.
456.47(4), the board may not approve any applicant for out-of-state telehealth registration who does not hold a license issued by another state, the District of Columbia, or a territory of the United States that is Pagesubstantially 8similar ofto 27a CODING:license held by a certified optometrist under this chapter.
Words stricken are deletions;
words underlined are additions.
hb449-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 449 2025 substantially similar to a license held by a certified optometrist under this chapter.
However, a licensed practitioner who is not certified may use topically applied anesthetics solely for the purposePage 9 of glaucoma28 examinations,CODING: but is otherwise prohibited from administering or prescribing ocular pharmaceutical agents.
Words stricken are deletions;
words underlined are additions.
hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 purpose of glaucoma examinations, but is otherwise prohibited from administering or prescribing ocular pharmaceutical agents.
The course and Pageexamination 9shall be developed and offered jointly by a statewide professional association of 27physicians CODING:in this state accredited to provide educational activities designated for the American Medical Association Physician's Recognition Award (AMA PRA) Category 1 credit and a statewide professional association of licensed practitioners which provides board-approved continuing education on an annual basis.
Words stricken are deletions;
words underlined are additions.
hb449-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 449 2025 examination shall be developed and offered jointly by a statewide professional association of physicians in this state accredited to provide educational activities designated for the American Medical Association Physician's Recognition Award (AMA PRA) Category 1 credit and a statewide professional association of licensed practitioners which provides board-approved continuing education on an annual basis.
Successful completion of the board- approvedPage course10 and examination may be used by a certified optometrist to satisfy 20 hours of the28 continuingCODING: education requirements in s.
Words stricken are deletions;
words underlined are additions.
hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 approved course and examination may be used by a certified optometrist to satisfy 20 hours of the continuing education requirements in s.
Page(2)(a) 10The board shall establish a negative formulary of 27topical CODING:ocular pharmaceutical agents that may not be prescribed or and administered by a certified optometrist.
Words stricken are deletions;
words underlined are additions.
hb449-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 449 2025 (2)(a) The board shall establish a negative formulary of topical ocular pharmaceutical agents that may not be prescribed or and administered by a certified optometrist.
Any person who requests an addition, deletion, or modification ofPage an11 authorized topical ocular pharmaceutical agent shall have the burden of proof28 toCODING: show cause why such addition, deletion, or modification should be made.
Words stricken are deletions;
words underlined are additions.
hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 of an authorized topical ocular pharmaceutical agent shall have the burden of proof to show cause why such addition, deletion, or modification should be made.
Page2. 11 of 27 CODING:
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words underlined are additions.
hb449-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 449 2025 2.
(3)Page In12 addition to the formulary of topical28 ocularCODING: pharmaceutical agents established by rule of the board, there is created a statutory formulary of oral ocular pharmaceutical agents, which includes the following agents:
Words stricken are deletions;
words underlined are additions.
hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 (3) In addition to the formulary of topical ocular pharmaceutical agents established by rule of the board, there is created a statutory formulary of oral ocular pharmaceutical agents, which includes the following agents:
3 codeine phosphate 30 Pagemg. 12 of 27 CODING:
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words underlined are additions.
hb449-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 449 2025 mg.
3.Page 13 of 28 CODING:
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words underlined are additions.
hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 3.
Any oral ocular pharmaceutical agent that is listed in the statutory formulary set forth in this subsection and that is subsequently determined by the United States Food and Drug Administration to be unsafe for administration or prescription Pageshall 13be considered to have been deleted from the formulary of 27oral CODING:ocular pharmaceutical agents.
Words stricken are deletions;
words underlined are additions.
hb449-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 449 2025 shall be considered to have been deleted from the formulary of oral ocular pharmaceutical agents.
893.03, except for an oral analgesic placed on the formulary pursuant to this section for thePage relief14 of pain28 dueCODING: to ocular conditions of the eye and its appendages;
Words stricken are deletions;
words underlined are additions.
hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 the relief of pain due to ocular conditions of the eye and its appendages;
463.0056 Ophthalmic procedures and therapies.— (1)(a) An optometrist certified in ophthalmic procedures may perform laser and non-laser ophthalmic procedures and therapies as authorized by the board but may not perform an ophthalmic procedure or therapy that requires preoperative Pagemedications 14or ofdrug-induced 27alteration CODING:of consciousness.
Words stricken are deletions;
words underlined are additions.
hb449-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 449 2025 medications or drug-induced alteration of consciousness.
The course and examination shall be developed and offered jointly by a statewide professional association of physicians in this state accredited to provide educational activities designated for the American Medical Association Physician's Recognition Award Category 1 credit and aPage statewide15 professional association of licensed28 practitionersCODING: which provides board-approved continuing education on an annual basis.
The board shall review and approve the content of the initial course and examination if the board determines that the course and examination adequately and reliably satisfy the criteria provided in this section.
The board shall thereafter annually review and approve the examination if the board determines that the content continues to adequately and reliably satisfy the criteria provided in this section.
Successful completion of the board-approved course and examination may be used by a certified optometrist to satisfy the continuing Page 15 of 27 CODING:
hb449-02-c2hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 449 2025 a statewide professional association of licensed practitioners which provides board-approved continuing education requirementson inan s.annual basis.
The board shall review and approve the content of the initial course and examination if the board determines that the course and examination adequately and reliably satisfy the criteria provided in this section.
The board shall thereafter annually review and approve the examination if the board determines that the content continues to adequately and reliably satisfy the criteria provided in this section.
Successful completion of the board-approved course and examination may be used by a certified optometrist to satisfy the continuing education requirements in s.
(c) Surgery of the eyelid for suspected eyelid malignanciesPage or16 for incisional cosmetic or mechanical repair of blepharochalasis,28 ptosis,CODING: or tarsorrhaphy.
Words stricken are deletions;
words underlined are additions.
hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 malignancies or for incisional cosmetic or mechanical repair of blepharochalasis, ptosis, or tarsorrhaphy.
(g) Surgery requiring incision or excision by scalpel of Pagethe 16iris ofand 27ciliary CODING:body, including, but not limited to, iris diathermy or cryotherapy.
Words stricken are deletions;
words underlined are additions.
hb449-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 449 2025 the iris and ciliary body, including, but not limited to, iris diathermy or cryotherapy.
Section 463.006, Florida Statutes, is amended toPage read:17 of 28 CODING:
463.006 Licensure and certification by examination.— (1) Any person desiring to be a certified optometrist under licensed practitioner pursuant to this chapter must apply to the department, submit to background screening in accordance with s.
456.0135, and must submit proof to the department that she or he meets all of the following criteria:
(a) Has completed the application forms as required by the board, remitted an application fee for certification not to exceed $250, remitted an examination fee for certification not to exceed $250, and remitted an examination fee for licensure Page 17 of 27 CODING:
hb449-02-c2hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 449 2025 not to exceedread: $325, all as set by the board.
463.006 Licensure and certification by examination.— (1) Any person desiring to be a certified optometrist under licensed practitioner pursuant to this chapter must apply to the department, submit to background screening in accordance with s.
456.0135, and must submit proof to the department that she or he meets all of the following criteria:
(a) Has completed the application forms as required by the board, remitted an application fee for certification not to exceed $250, remitted an examination fee for certification not to exceed $250, and remitted an examination fee for licensure not to exceed $325, all as set by the board.
Is accredited by a regional or professional accrediting organization that is recognized and approved by the Commission on Recognition of Postsecondary Accreditation or the United StatesPage Department18 of Education.28 CODING:
Words stricken are deletions;
words underlined are additions.
hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 States Department of Education.
(2) The board shall approve a licensure examination consisting of the appropriate subjects and including applicable state laws and rules and general and ocular pharmacology with emphasis on the use and side effects of ocular pharmaceutical Pageagents. 18 of 27 CODING:
Words stricken are deletions;
words underlined are additions.
hb449-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 449 2025 agents.
(3) Each applicant who submits proof satisfactory to the board that he or she has met the requirements of subsection (1), who successfully passes the licensure examination within 3 years before the date of application or within 3 years after the submission of an application, and who otherwise meets the requirements of this chapter is entitled to be licensed as a certified optometrist practitioner and to be certified to administer and prescribe ocular pharmaceutical agents in the diagnosisPage and19 treatment of ocular28 conditions.CODING:
Words stricken are deletions;
words underlined are additions.
hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 diagnosis and treatment of ocular conditions.
463.0055(1)(b) is required as a condition of licensure renewal for any certified optometrist who has not already successfully Pagecompleted 19the ofcourse 27and CODING:passed the examination.
Words stricken are deletions;
words underlined are additions.
hb449-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 449 2025 completed the course and passed the examination.
463.002, including, but not limited to, removing an eyelash, removal of eyelid skin tags, removal of styes, ophthalmic procedures as defined and approved by the board, probing an uninflamedPage tear20 duct in a patient 18 years of age28 orCODING: older, blocking the puncta, or superficial scraping for the purpose of removing damaged epithelial tissue or superficial foreign bodies or taking a culture of the surface of the cornea or conjunctiva.
(13) A licensed practitioner who is not a certified optometrist is required to display at her or his place of practice a sign that states, "I am a Licensed Practitioner, not a Certified Optometrist, and I am not able to prescribe ocular pharmaceutical agents or perform ophthalmic procedures." Section 9.
Subsections (1), (4), and (5) of section 463.014, Florida Statutes, are amended, to read:
Page 20 of 27 CODING:
hb449-02-c2hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 449 2025 463.014uninflamed Certaintear actsduct prohibited.—in (1)(a)a Apatient No18 corporation,years layof body,age organization, or individualolder, otherblocking thanthe apuncta, licensedor practitionersuperficial mayscraping notfor shall engage in the practicepurpose of optometryremoving throughdamaged theepithelial meanstissue ofor engagingsuperficial theforeign services,bodies upon a salary, commission, or othertaking meansa orculture inducement, of anythe personsurface licensedof tothe practicecornea optometryor inconjunctiva. this state.
(13) A licensed practitioner who is not a certified optometrist is required to display at her or his place of practice a sign that states, "I am a Licensed Practitioner, not a Certified Optometrist, and I am not able to prescribe ocular pharmaceutical agents or perform ophthalmic procedures." Section 9.
Subsections (1), (4), and (5) of section 463.014, Florida Statutes, are amended, to read:
463.014 Certain acts prohibited.— (1)(a) A No corporation, lay body, organization, or individual other than a licensed practitioner may not shall engage in the practice of optometry through the means of engaging the services, upon a salary, commission, or other means or inducement, of any person licensed to practice optometry in this state.
This paragraph does provision shall not prohibitPage licensed21 practitioners from employing, or from forming partnerships or professional associations with, licensed practitioners licensed in this state or with other licensed health care professionals, the primary objective of whom28 isCODING: the diagnosis and treatment of the human body.
(c) A No rule of the board may not shall forbid the practice of optometry in or on the premises of a commercial or mercantile establishment.
Notwithstanding this paragraph, a commercial or mercantile establishment or other such entity may not have any control over the manner in which a licensee under this chapter practices optometry.
Any violation of this Page 21 of 27 CODING:
hb449-02-c2hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 449 2025 paragraphprohibit willlicensed bepractitioners deemedfrom asemploying, unlicensedor practicefrom offorming optometrypartnerships asor specifiedprofessional associations with, licensed practitioners licensed in s.this state or with other licensed health care professionals, the primary objective of whom is the diagnosis and treatment of the human body.
(c) A No rule of the board may not shall forbid the practice of optometry in or on the premises of a commercial or mercantile establishment.
Notwithstanding this paragraph, a commercial or mercantile establishment or other such entity may not have any control over the manner in which a licensee under this chapter practices optometry.
Any violation of this paragraph will be deemed as unlicensed practice of optometry as specified in s.
(e)Page A22 No licensed practitioner may not shall adopt and publish or cause to be published any practice identification name, trade name, or service name which is, contains, or is intended to serve as an affirmation of the28 qualityCODING: or competitive value of the optometric services provided at the identified practice.
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hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 (e) A No licensed practitioner may not shall adopt and publish or cause to be published any practice identification name, trade name, or service name which is, contains, or is intended to serve as an affirmation of the quality or competitive value of the optometric services provided at the identified practice.
PageNotwithstanding 22the definition of 27surgery CODING:as provided in s.
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hb449-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 449 2025 Notwithstanding the definition of surgery as provided in s.
Section 463.009, Florida Statutes, is amended toPage read:23 of 28 CODING:
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hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 to read:
Nonlicensed personnel, who need not be employees of the licensed practitioner, may perform ministerial duties, tasks, and functions assigned to Pagethem 23by and performed under the general supervision of 27a CODING:licensed practitioner, including obtaining information from consumers for the purpose of making appointments for the licensed practitioner.
Words stricken are deletions;
words underlined are additions.
hb449-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 449 2025 them by and performed under the general supervision of a licensed practitioner, including obtaining information from consumers for the purpose of making appointments for the licensed practitioner.
463.0185 Certified optometrist titles and abbreviations.— An optometrist licensed under chapter 463 may use the following titles and abbreviations as applicable to his or her license and certification, including "optometrist," "licensed optometrist," "Doctor of Optometry," "O.D.," "optometric physician," "board certified optometrist," "board certified optometric physician," "AmericanPage Board24 of Optometry28 (ABO)CODING: certified," "Fellow of the American Academy of Optometry," "Fellow of the College of Optometrists in Vision Development," "Residency-trained," "Diplomate of the American Board of Optometry," or other titles or abbreviations authorized under his or her practice act.
Words stricken are deletions;
words underlined are additions.
hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 "American Board of Optometry (ABO) certified," "Fellow of the American Academy of Optometry," "Fellow of the College of Optometrists in Vision Development," "Residency-trained," "Diplomate of the American Board of Optometry," or other titles or abbreviations authorized under his or her practice act.
Section 463.0187,463.0186, Florida Statutes, is created to read:
463.0187463.0186 FinancialAdvertisements.— responsibility.— (1) AsAll aadvertisements conditionmust ofclearly licensuredenote andwith maintainingwords anor activeproper license,abbreviation andthat before to the issuanceoptometrist oris renewalengaged ofin an active license or reactivation of an inactive license for the practice Page 24 of 27optometry. CODING:
(2) An individual licensed under this chapter may use appropriate terms and titles, as determined by the board, in advertisements to describe certifications and education the licensed individual has successfully achieved.
(3) A person or entity other than an individual licensed under this chapter, or an entity lawfully permitted to employ an individual licensed under this chapter, is not permitted to advertise for optometric services.
Any violation of this section will be deemed the unlicensed practice of optometry as provided in s.
463.015(1)(a).
Individual owners, officers, and directors of an entity in violation of this section will be deemed to have committed the unlicensed practice of optometry.
(4) An individual licensed under this chapter has the duty to review and proof all advertisements before publication, and Page 25 of 28 CODING:
hb449-02-c2hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 449 2025 ofis optometry,fully anresponsible applicantfor must demonstrate to the satisfactioncontent oftherein. the board financial responsibility to pay claims and costs ancillary thereto arising out of the rendering of, or the failure to render, optometric care or services, by one of the following methods:
Section 13.
Section 463.0187, Florida Statutes, is created to read:
463.0187 Financial responsibility.— (1) As a condition of licensure and maintaining an active license, and before to the issuance or renewal of an active license or reactivation of an inactive license for the practice of optometry, an applicant must demonstrate to the satisfaction of the board financial responsibility to pay claims and costs ancillary thereto arising out of the rendering of, or the failure to render, optometric care or services, by one of the following methods:
The required coveragePage amount26 set forth in this paragraph may not be used for litigation costs or attorney fees for the defense of any28 malpracticeCODING: claim;
or (c) Obtaining and maintaining an unexpired, irrevocable letter of credit, established pursuant to chapter 675, in an amount not less than $100,000 per claim, with a minimum aggregate availability of credit of not less than $300,000.
The Page 25 of 27 CODING:
hb449-02-c2hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 449 2025 lettercoverage ofamount creditset mustforth bein payablethis toparagraph themay optometristnot as beneficiary upon presentment of a final judgment indicating liability and awarding damages to be paidused byfor thelitigation optometristcosts or uponattorney presentmentfees offor athe settlementdefense agreement signed by all parties to such agreement when such final judgment or settlement is a result of aany claimmalpractice arisingclaim; out of the rendering of, or the failure to render, optometric care and services.
or (c) Obtaining and maintaining an unexpired, irrevocable letter of credit, established pursuant to chapter 675, in an amount not less than $100,000 per claim, with a minimum aggregate availability of credit of not less than $300,000.
The letter of credit must be payable to the optometrist as beneficiary upon presentment of a final judgment indicating liability and awarding damages to be paid by the optometrist or upon presentment of a settlement agreement signed by all parties to such agreement when such final judgment or settlement is a result of a claim arising out of the rendering of, or the failure to render, optometric care and services.
SectionPage 13.27 of 28 CODING:
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words underlined are additions.
hb449-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 449 2025 Section 14.
463.002(7), shall offer to the subscriber the services of an optometrist Pagelicensed 26pursuant ofto 27chapter CODING:463.
WordsSection stricken15. are deletions;
words underlined are additions.
hb449-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 449 2025 licensed pursuant to chapter 463.
Section 14.
Page 2728 of 2728 CODING:
hb449-02-c2hb449-01-c1
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View plain text versions (4)
- H 449 c1 View text pdf
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- H 449 e1 View text Current pdf
- Introduced H 449 Filed pdf
Action History
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Died in Rules
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Indefinitely postponed and withdrawn from consideration
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Received
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Referred to Rules
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In Messages
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CS passed as amended; YEAS 88, NAYS 24
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Read 3rd time
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Added to Third Reading Calendar
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Placed on 3rd reading
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Amendment 013801 adopted
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Read 2nd time
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Bill added to Special Order Calendar (4/24/2025)
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Added to Second Reading Calendar
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Bill referred to House Calendar
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1st Reading (Committee Substitute 2)
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CS Filed
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Laid on Table under Rule 7.18(a)
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Reported out of Health & Human Services Committee
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Favorable with CS by Health & Human Services Committee
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Added to Health & Human Services Committee agenda
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Now in Health & Human Services Committee
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Referred to Health & Human Services Committee
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1st Reading (Committee Substitute 1)
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CS Filed
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Laid on Table under Rule 7.18(a)
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Reported out of Health Professions & Programs Subcommittee
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Favorable with CS by Health Professions & Programs Subcommittee
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Added to Health Professions & Programs Subcommittee agenda
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1st Reading (Original Filed Version)
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Now in Health Professions & Programs Subcommittee
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Referred to Health & Human Services Committee
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Referred to Health Professions & Programs Subcommittee
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Filed
Sponsors
- Webster Barnaby · Cosponsor
- Alex Rizo · Primary
- Health Professions & Programs Subcommittee · Primary
- Health & Human Services Committee · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 1 co-sponsors · 160 not signed on · 24 voted No
Sponsors (3)
- Rizo, Alex Republican
- Health Professions & Programs Subcommittee
- Health & Human Services Committee
Co-sponsors (1)
- Barnaby, Webster Republican
Not signed on (160)
160 members have not signed on to this bill.
Show all 160 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 67 | 11 | 0 | 3 |
| Democrat | 16 | 13 | 0 | 4 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 88 | 24 | 0 | 7 |
| % of votes cast | 74% | 20% | 0% | 6% |
How each member voted (119)
Subjects
Frequently asked questions
- What does HB 449 do?
- Optometry; Revises membership requirements for Board of Optometry; revises & provides rules to be implemented by board; revises requirements for administration & prescription of ocular pharmaceutical agents & provisions related to topical & oral ocular pharmaceutical agent formularies established by board; authorizes optometrist certified in ophthalmic procedures to perform certain procedures; requires board to determine required content, grading criteria, & passing score for such examination; authorizes certain procedures certified optometrist may perform; prohibits commercial or mercantile establishment from having any control over manner in which licensee practices optometry; removes provision prohibiting surgery of any kind; authorizes specified titles & abbreviations for certified optometrists; provides requirements for demonstration of financial responsibility as condition of licensure.
- Who sponsors HB 449?
- HB 449 is sponsored by Barnaby, Webster (Republican), Rizo, Alex (Republican), Health Professions & Programs Subcommittee, and Health & Human Services Committee.
- What is the current status of HB 449?
- This bill died with 2025 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 449?
- Track HB 449 free on One Click Politics — get push/email alerts when it moves.
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