Florida 2025 Regular Session

Florida House Bill H0449 Latest Draft

Bill / Comm Sub Version Filed 04/16/2025

                               
 
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A bill to be entitled 1 
An act relating to optometry; amending s. 463.002, 2 
F.S.; providing and revising definitions; amending s. 3 
463.003, F.S.; revising membership requirements for 4 
the Board of Optometry; providing construction; 5 
amending s. 463.005, F.S.; revising and providing 6 
rules to be implemented by the board; amending s. 7 
463.0055, F.S.; revising requirements for the 8 
administration and prescription of ocular 9 
pharmaceutical agents; revising provisions relating to 10 
the topical and oral ocular pharmaceutical agent 11 
formularies established by the board; creating s. 12 
463.0056, F.S.; authorizing an optometrist certified 13 
in ophthalmic procedures to perform certain 14 
procedures; providing certification requirements; 15 
excluding specified procedures; amending s. 463.006, 16 
F.S.; requiring a cer tified optometrist desiring to be 17 
licensed as a certified optometrist to submit to a 18 
background screening and successfully complete and 19 
pass a specified course and examination; requiring the 20 
board to determine the required content, grading 21 
criteria, and passing score for such examination; 22 
revising the timeline in which an applicant may 23 
successfully pass the licensure examination; amending 24 
s. 463.007, F.S.; revising conditions of licensure to 25     
 
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include the successful completion and passage of a 26 
specified course and examination; amending s. 27 
463.0135, F.S.; providing authorized procedures a 28 
certified optometrist may perform in the standards of 29 
practice; defining the term "superficial foreign 30 
bodies"; requiring a licensed practitioner to display 31 
specified signs at his or her practice under certain 32 
circumstances; amending s. 463.014, F.S.; providing 33 
penalties; removing a provision prohibiting surgery of 34 
any kind; creating s. 463.0185, F.S.; authorizing 35 
specified titles and abbreviations for certified 36 
optometrists; creating s. 463.0187, F.S.; providing 37 
requirements for the demonstration of financial 38 
responsibility as a condition of licensure; providing 39 
applicability; amending ss. 463.009 and 641.31, F.S.; 40 
conforming cross-references; providing an effective 41 
date. 42 
 43 
Be It Enacted by the Legislature of the State of Florida: 44 
 45 
 Section 1.  Section 463.002, Florida Statutes, is amended 46 
to read: 47 
 463.002  Definitions. —As used in this chapter, the term: 48 
 (1)(10) "Appendages" means the eyelids, the eyebrows, the 49 
conjunctiva, and the lacrimal apparatus. 50     
 
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 (2)(1) "Board" means the Board of Optometry. 51 
 (3)(4) "Certified optometrist" or "certified optometric 52 
physician" means a licensed practitioner authorized by the board 53 
to administer and prescribe ocular pharmaceutical agen ts.  54 
 (4)(12) "Clock hours" means the actual time engaged in 55 
approved coursework and clinical training. 56 
 (5)(2) "Department" means the Department of Health. 57 
 (6)(8) "Direct supervision" means supervision to an extent 58 
that the licensee remains on the pre mises while all procedures 59 
are being done and gives final approval to any procedures 60 
performed by an employee. 61 
 (7)(9) "General supervision" means the responsible 62 
supervision of supportive personnel by a licensee who need not 63 
be present when such procedur es are performed, but who assumes 64 
legal liability therefor. Except in cases of emergency, "general 65 
supervision" shall require the easy availability or physical 66 
presence of the licensee for consultation with and direction of 67 
the supportive personnel. 68 
 (8)(3)(a) "Licensed practitioner" means a person who is a 69 
primary health care provider licensed to engage in the practice 70 
of optometry under the authority of this chapter. For persons 71 
licensed under this chapter after July 1, 1993, the term 72 
includes only certified optometrists. 73 
 (b)  A licensed practitioner who is not a certified 74 
optometrist shall be required to display at her or his place of 75     
 
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practice a sign which states, "I am a Licensed Practitioner, not 76 
a Certified Optometrist, and I am not able to prescribe ocular 77 
pharmaceutical agents." 78 
 (c)  All practitioners initially licensed after July 1, 79 
1993, must be certified optometrists. 80 
 (9)(5) "Ocular pharmaceutical agent" means a 81 
pharmaceutical agent that is administered or prescribed 82 
topically or orally for the diagnosis or treatment of ocular 83 
conditions of the human eye and its appendages without the use 84 
of surgery or other invasive techniques . 85 
 (10)  "Optometrist certified in ophthalmic procedures" 86 
means a certified optometrist who may perform board -approved 87 
laser and non-laser ophthalmic procedures and therapies under s. 88 
463.0056. 89 
 (11)(7) "Optometry" means the diagnosis , evaluation, 90 
treatment, and management of conditions of the human eye and its 91 
appendages, including any visual, muscular, neurologic al, or 92 
anatomical anomalies and chronic systemic conditions relating to 93 
the eye and its appendages; the determination of the refractive 94 
powers of the human eyes ; and the prescribing and employment of 95 
any objective or subjective means or methods, including the 96 
administration of ocular pharmaceutical agents, contact lenses, 97 
spectacle lenses, magnification lenses, orthoptic exercises, 98 
vison therapy, low vision rehabilitation devices, 99 
electromagnetic waves, pulsating light and light frequencies, 100     
 
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ophthalmic procedures and therapies, and neuro -optometric 101 
rehabilitative therapy for the diagnosis, evaluation, 102 
correction, remedy, treatment, management, or relief of any 103 
insufficiency, anomaly, abnormality, or disease condition 104 
relating to the human eye or its appendag es. For purposes of 105 
this subsection, the term "refractive" means the use of lenses 106 
and ocular pharmaceutical agents during the course of a 107 
comprehensive medical eye examination to determine a patient's 108 
visual, neurological, and physical requirements to att ain 109 
optimal visual and perceptual performance. for the purpose of 110 
determining the refractive powers of the human eyes, or any 111 
visual, muscular, neurological, or anatomic anomalies of the 112 
human eyes and their appendages; and the prescribing and 113 
employment of lenses, prisms, frames, mountings, contact lenses, 114 
orthoptic exercises, light frequencies, and any other means or 115 
methods, including ocular pharmaceutical agents, for the 116 
correction, remedy, or relief of any insufficiencies or abnormal 117 
conditions of the human eyes and their appendages . 118 
 (12)  "Refraction" means the use of lenses and ocular 119 
pharmaceutical agents during the course of a comprehensive 120 
medical eye examination to determine a patient's visual, 121 
neurological, and physical requirements to attain op timal visual 122 
and perceptual performance. 123 
 (13)(6) "Surgery" means a procedure using an instrument , 124 
including a laser, scalpel, or needle, in which human tissue is 125     
 
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cut, burned, scraped , except as provided in s. 463.0135(12) s. 126 
463.014(4), or vaporized, by incision, injection, ultrasound, 127 
laser, infusion, cryotherapy, or radiation . The term includes a 128 
procedure using an instrument which requires the closure of 129 
human tissue by suture, clamp, or other such device. The term 130 
does not include an ophthalmic proced ure that does not burn, 131 
cut, or incise the globe or require the closure of human tissue. 132 
 (14)(11) "Transcript-quality" means a live and in-person 133 
course which is in conjunction with or sponsored by a school or 134 
college of optometry or equivalent education al entity, which 135 
course is approved by the board and requires a test and passing 136 
grade. 137 
 Section 2.  Subsections (2) and (4) of section 463.003, 138 
Florida Statutes, are amended to read: 139 
 463.003  Board of Optometry. — 140 
 (2)  Five members of the board must be certified 141 
optometrists or optometrists certified in ophthalmic procedures 142 
licensed practitioners actively practicing in this state. The 143 
remaining two members must be citizens of the state who are not, 144 
and have never been, licensed practitioners and who ar e in no 145 
way connected with the practice of optometry or with any vision -146 
oriented profession or business. At least one member of the 147 
board must be 60 years of age or older. 148 
 (4)  All applicable provisions of chapter 456 relating to 149 
activities of regulatory boards that do not conflict with this 150     
 
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chapter shall apply. 151 
 Section 3.  Subsection (1) of section 463.005, Florida 152 
Statutes, is amended to read: 153 
 463.005  Authority of the board. — 154 
 (1)  The Board of Optometry shall has authority to adopt 155 
rules pursuant to ss. 120.536(1) and 120.54 to implement the 156 
provisions of this chapter conferring duties upon it. Such rules 157 
must shall include, but not be limited to, rules relating to all 158 
of the following: 159 
 (a)  Standards of practice, including, but not limited to, 160 
those provided for in s. 463.0135. 161 
 (b)  Minimum equipment that a certified optometrist, an 162 
optometrist certified in ophthalmic procedures, or which a 163 
licensed practitioner must shall at all times possess to 164 
lawfully engage in the practice of optometry. 165 
 (c)  Minimum procedures that which shall constitute a 166 
visual examination. 167 
 (d)  Procedures for the safekeeping and transfer of 168 
prescription files or case records upon the discontinuance of 169 
practice. 170 
 (e)  Supervision of supportive personnel. 171 
 (f)  Courses and procedures for continuing education. 172 
 (g)  Practices and procedures related to the administration 173 
and prescription of ocular pharmaceutical agents. 174 
 (h)  Laser and non-laser ophthalmic procedures and 175     
 
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therapies an optometrist certified in ophthalmic procedu res may 176 
perform, including, but not limited to, the standards of 177 
practice for such ophthalmic procedures and therapies. 178 
 (i)  The scope of practice of optometry, including 179 
ophthalmic procedures, as described in this chapter. 180 
 (j)  Required content, grading criteria, and passing scores 181 
for licensure examinations under s. 463.006. 182 
 (k)  The accredited schools or colleges of optometry that 183 
are approved by the board for the purpose of licensure under s. 184 
463.006. 185 
 (l)  Terms and titles permitted for use in adver tisements 186 
by persons licensed under this section and providers registered 187 
under s. 456.47(4). 188 
 (m)  Standards for the use of telehealth by providers 189 
licensed under this section and providers registered under s. 190 
456.47(4). 191 
 (n)  Requirements to obtain and m aintain an out-of-state 192 
telehealth provider registration as provided under s. 456.47(4), 193 
including, but not limited to, application requirements, 194 
continuing education requirements, scope of practice, standards 195 
of practice, and renewal process for registrat ion. 196 
Notwithstanding s. 456.47(4), the board may not approve any 197 
applicant for out-of-state telehealth registration who does not 198 
hold a license issued by another state, the District of 199 
Columbia, or a territory of the United States that is 200     
 
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substantially similar to a license held by a certified 201 
optometrist under this chapter. Notwithstanding s. 456.47(4), an 202 
out-of-state telehealth provider registration as provided under 203 
s. 456.47(4) is not valid for more than 2 years. 204 
 Section 4.  Section 463.0055, Florida Statutes, is amended 205 
to read: 206 
 463.0055  Administration and prescription of ocular 207 
pharmaceutical agents. — 208 
 (1)(a)  Certified optometrists may administer and prescribe 209 
ocular pharmaceutical agents as provided in this section for the 210 
diagnosis and treatment of ocular conditions of the human eye 211 
and its appendages without the use of surgery or other invasive 212 
techniques. However, a licensed practitioner who is not 213 
certified may use topically applied anesthetics solely for the 214 
purpose of glaucoma examinations, but is otherwise prohibited 215 
from administering or prescribing ocular pharmaceutical agents. 216 
 (b)  Before a certified optometrist may administer or 217 
prescribe oral ocular pharmaceutical agents, the certified 218 
optometrist must provide proof to the department of successful 219 
completion of a course and subsequent examination, approved by 220 
the board, on general and ocular pharmaceutical agents and the 221 
side effects of those agents. The course shall consist of 20 222 
contact hours, all of which may be web -based. The first course 223 
and examination shall be presented by October 1, 2013, and shall 224 
be administered at least annually thereafter. The course and 225     
 
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examination shall be developed and offered jointly by a 226 
statewide professional association of physicians in this state 227 
accredited to provide educational activities designated for the 228 
American Medical Association Physician's Recogni tion Award (AMA 229 
PRA) Category 1 credit and a statewide professional association 230 
of licensed practitioners which provides board -approved 231 
continuing education on an annual basis. The board shall review 232 
and approve the content of the initial course and examin ation if 233 
the board determines that the course and examination adequately 234 
and reliably satisfy the criteria set forth in this section. The 235 
board shall thereafter annually review and approve the course 236 
and examination if the board determines that the content 237 
continues to adequately and reliably satisfy the criteria set 238 
forth in this section. Successful completion of the board -239 
approved course and examination may be used by a certified 240 
optometrist to satisfy 20 hours of the continuing education 241 
requirements in s. 463.007(3), only for the biennial period in 242 
which the board-approved course and examination are taken. If a 243 
certified optometrist does not complete a board -approved course 244 
and examination under this section, the certified optometrist is 245 
only authorized to administer and prescribe topical ocular 246 
pharmaceutical agents. Beginning July 1, 2025, any person who 247 
submits an application for licensure under this chapter must 248 
successfully complete the course and examination as a 249 
requirement for licensure. 250     
 
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 (2)(a)  The board shall establish a negative formulary of 251 
topical ocular pharmaceutical agents that may not be prescribed 252 
or and administered by a certified optometrist. The formulary 253 
shall consist of those topical ocular pharmaceutical agents that 254 
are appropriate to treat or diagnose ocular diseases and 255 
disorders and that the certified optometrist is qualified to use 256 
in the practice of optometry. The board shall establish, add to, 257 
delete from, or modify the topical formulary by rule. 258 
Notwithstanding any pr ovision of chapter 120 to the contrary, 259 
the topical formulary rule becomes effective 60 days from the 260 
date it is filed with the Secretary of State. 261 
 (b)  The formulary may be added to, deleted from, or 262 
modified according to the procedure described in parag raph (a).  263 
Any person who requests an addition, deletion, or modification 264 
of an authorized topical ocular pharmaceutical agent shall have 265 
the burden of proof to show cause why such addition, deletion, 266 
or modification should be made. 267 
 (c)  The State Surgeon General shall have standing to 268 
challenge any rule or proposed rule of the board pursuant to s. 269 
120.56. In addition to challenges for any invalid exercise of 270 
delegated legislative authority, the administrative law judge, 271 
upon such a challenge by the State Surgeon General, may declare 272 
all or part of a rule or proposed rule invalid if it: 273 
 1.  Does not protect the public from any significant and 274 
discernible harm or damages; 275     
 
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 2.  Unreasonably restricts competition or the availability 276 
of professional services i n the state or in a significant part 277 
of the state; or 278 
 3.  Unnecessarily increases the cost of professional 279 
services without a corresponding or equivalent public benefit. 280 
 281 
However, there shall not be created a presumption of the 282 
existence of any of the con ditions cited in this subsection in 283 
the event that the rule or proposed rule is challenged. 284 
 (b)(d) Upon adoption of the negative formulary required by 285 
this section, and upon each addition, deletion, or modification 286 
to the formulary, the board shall mail a copy of the amended 287 
formulary to each certified optometrist and to each pharmacy 288 
licensed by the state. 289 
 (3)  In addition to the formulary of topical ocular 290 
pharmaceutical agents established by rule of the board, there is 291 
created a statutory formulary of oral ocular pharmaceutical 292 
agents, which includes the following agents: 293 
 (a)  The following analgesics or their generic or 294 
therapeutic equivalents, which may not be administered or 295 
prescribed for more than 72 hours without consultation with a 296 
physician licensed under chapter 458 or chapter 459 who is 297 
skilled in diseases of the eye: 298 
 1.  Tramadol hydrochloride. 299 
 2.  Acetaminophen 300 mg with No. 3 codeine phosphate 30 300     
 
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mg. 301 
 (b)  The following antibiotics or their generic or 302 
therapeutic equivalents: 303 
 1.  Amoxicillin with or without clavulanic acid. 304 
 2.  Azithromycin. 305 
 3.  Erythromycin. 306 
 4.  Dicloxacillin. 307 
 5.  Doxycycline/Tetracycline. 308 
 6.  Keflex. 309 
 7.  Minocycline. 310 
 (c)  The following antivirals or their generic or 311 
therapeutic equivalents: 312 
 1.  Acyclovir. 313 
 2. Famciclovir. 314 
 3.  Valacyclovir. 315 
 (d)  The following oral anti -glaucoma agents or their 316 
generic or therapeutic equivalents, which may not be 317 
administered or prescribed for more than 72 hours: 318 
 1.  Acetazolamide. 319 
 2.  Methazolamide. 320 
 321 
Any oral ocular pharmaceutical agent that is listed in the 322 
statutory formulary set forth in this subsection and that is 323 
subsequently determined by the United States Food and Drug 324 
Administration to be unsafe for administration or prescription 325     
 
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shall be considered to have been deleted from the formulary of 326 
oral ocular pharmaceutical agents. The oral ocular 327 
pharmaceutical agents on the statutory formulary set forth in 328 
this subsection may not otherwise be deleted by the board, the 329 
department, or the State Surgeo n General. 330 
 (3)(4) A certified optometrist shall be issued a 331 
prescriber number by the board. Any prescription written by a 332 
certified optometrist for an ocular pharmaceutical agent 333 
pursuant to this section shall have the prescriber number 334 
printed thereon. A certified optometrist may not administer or 335 
prescribe any of the following : 336 
 (a)  A controlled substance listed in Schedule II, Schedule 337 
III, Schedule IV, or Schedule V of s. 893.03, except for an oral 338 
analgesic placed on the formulary pursuant to this s ection for 339 
the relief of pain due to ocular conditions of the eye and its 340 
appendages; or. 341 
 (b)  A controlled substance for the treatment of chronic 342 
nonmalignant pain as defined in s. 456.44(1)(f). 343 
 Section 5.  Section 463.0056, Florida Statutes, is creat ed 344 
to read: 345 
 463.0056  Ophthalmic procedures and therapies. — 346 
 (1)(a)  An optometrist certified in ophthalmic procedures 347 
may perform laser and non -laser ophthalmic procedures and 348 
therapies as authorized by the board but may not perform an 349 
ophthalmic procedure or therapy that requires preoperative 350     
 
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medications or drug-induced alteration of consciousness. 351 
However, an optometrist certified in ophthalmic procedures may 352 
use medication for minimal tranquilization of the patient and 353 
local or topical anesthesia if the chances of complications 354 
requiring hospitalization of the pa tient as a result are remote. 355 
 (b)  To be certified to perform ophthalmic procedures, a 356 
certified optometrist must first provide proof to the department 357 
of successful completion of a course and subsequent examination, 358 
approved by the board, on laser and no n-laser ophthalmic 359 
procedures and therapy. The course and examination shall be 360 
developed and offered jointly by a statewide professional 361 
association of physicians in this state accredited to provide 362 
educational activities designated for the American Medica l 363 
Association Physician's Recognition Award Category 1 credit and 364 
a statewide professional association of licensed practitioners 365 
which provides board -approved continuing education on an annual 366 
basis. The board shall review and approve the content of the 367 
initial course and examination if the board determines that the 368 
course and examination adequately and reliably satisfy the 369 
criteria provided in this section. The board shall thereafter 370 
annually review and approve the examination if the board 371 
determines that the content continues to adequately and reliably 372 
satisfy the criteria provided in this section. Successful 373 
completion of the board -approved course and examination may be 374 
used by a certified optometrist to satisfy the continuing 375     
 
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education requirements in s. 463.007(3) only for the biennial 376 
period in which the board -approved course and examination are 377 
taken. If a certified optometrist does not complete a board -378 
approved course and examination under this section, the 379 
certified optometrist may not perform ophtha lmic procedures 380 
described in paragraph (a). 381 
 (2)  The following ophthalmic procedures are excluded from 382 
the scope of practice of optometry, except for the preoperative 383 
and postoperative care of these procedures: 384 
 (a)  Laser vision correction, penetrating k eratoplasty, and 385 
corneal or lamellar keratoplasty. 386 
 (b)  Laser of the vitreous chamber or retina of the eye to 387 
treat any vitreomacular or retinal disease. 388 
 (c)  Surgery of the eyelid for suspected eyelid 389 
malignancies or for incisional cosmetic or mechanica l repair of 390 
blepharochalasis, ptosis, or tarsorrhaphy. 391 
 (d)  Surgery of the boney orbit, including, but not limited 392 
to, orbital implants or removal of the human eye. 393 
 (e)  Incisional or excisional surgery of the lacrimal 394 
system other than lacrimal probing or related procedures. 395 
 (f)  Surgery requiring full thickness incision or excision 396 
of the cornea or sclera other than paracentesis in an emergency 397 
situation requiring immediate reduction of elevated pressure 398 
inside the eye. 399 
 (g)  Surgery requiring incision or excision by scalpel of 400     
 
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the iris and ciliary body, including, but not limited to, iris 401 
diathermy or cryotherapy. 402 
 (h)  Surgery requiring incision or excision of the vitreous 403 
or retina. 404 
 (i)  Surgery requiring incision or excision of the 405 
crystalline lens or an intraocular prosthetic implant. 406 
 (j)  Surgery involving incision or excision of the 407 
extraocular muscles. 408 
 (k)  Surgery requiring full thickness conjunctivoplasty 409 
with graft or flap. 410 
 (l)  Pterygium surgery. 411 
 (m)  Any other procedure or therapy as de termined by the 412 
board. 413 
 Section 6.  Section 463.006, Florida Statutes, is amended 414 
to read: 415 
 463.006  Licensure and certification by examination. — 416 
 (1)  Any person desiring to be a certified optometrist 417 
under licensed practitioner pursuant to this chapter must apply 418 
to the department, submit to background screening in accordance 419 
with s. 456.0135, and must submit proof to the department that 420 
she or he meets all of the following criteria : 421 
 (a)  Has completed the application forms as required by the 422 
board, remitted an application fee for certification not to 423 
exceed $250, remitted an examination fee for certification not 424 
to exceed $250, and remitted an examination fee for licensure 425     
 
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not to exceed $325, all as set by the board. 426 
 (b)  Is at least 18 years of age. 427 
 (c)  Has graduated from an accredited school or college of 428 
optometry approved by rule of the board. 429 
 (d)  Is of good moral character. 430 
 (e)  Has successfully completed at least 110 hours of 431 
transcript-quality coursework and clinical training in general 432 
and ocular pharmacology as determined by the board, at an 433 
institution that: 434 
 1.  Has facilities for both didactic and clinical 435 
instructions in pharmacology; and 436 
 2.  Is accredited by a regional or professional accrediting 437 
organization that is recognized and a pproved by the Commission 438 
on Recognition of Postsecondary Accreditation or the United 439 
States Department of Education. 440 
 (f)  Has completed at least 1 year of supervised experience 441 
in differential diagnosis of eye disease or disorders as part of 442 
the optometric training or in a clinical setting as part of the 443 
optometric experience. 444 
 (g) Has successfully completed and passed a course and 445 
examination as provided in s. 463.0055(1)(b). 446 
 (2)  The board shall approve a licensure examination 447 
consisting of the appropr iate subjects and including applicable 448 
state laws and rules and general and ocular pharmacology with 449 
emphasis on the use and side effects of ocular pharmaceutical 450     
 
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agents. The board may by rule substitute a national examination 451 
as part or all of the examina tion and, notwithstanding chapter 452 
456, may by rule offer a practical examination in addition to a 453 
written examination. The board shall determine the required 454 
content, grading criteria, and passing score for the licensure 455 
examination. 456 
 (3)  Each applicant w ho submits proof satisfactory to the 457 
board that he or she has met the requirements of subsection (1), 458 
who successfully passes the licensure examination within 3 years 459 
before the date of application or within 3 years after the 460 
submission of an application, and who otherwise meets the 461 
requirements of this chapter is entitled to be licensed as a 462 
certified optometrist practitioner and to be certified to 463 
administer and prescribe ocular pharmaceutical agents in the 464 
diagnosis and treatment of ocular conditions . 465 
 (4)  All optometrists initially licensed on or after July 466 
1, 2025, must be licensed as a certified optometrist. 467 
 Section 7.  Subsection (4) of section 463.007, Florida 468 
Statutes, is renumbered as subsection (5) and a new subsection 469 
(4) is added to that sec tion, to read: 470 
 463.007  Renewal of license; continuing education. — 471 
 (4)  As of July 1, 2025, successful completion of the 472 
course and passage of the examination specified in s. 473 
463.0055(1)(b) is required as a condition of licensure renewal 474 
for any certified optometrist who has not already successfully 475     
 
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completed the course and passed the examination. 476 
 Section 8.  Subsections (12) and (13) are added to section 477 
463.0135, Florida Statutes, to read: 478 
 463.0135  Standards of practice. — 479 
 (12)  Certified optometri sts may remove superficial foreign 480 
bodies. For the purpose of this subsection, the term 481 
"superficial foreign bodies" means any foreign matter that is 482 
embedded in the conjunctiva or cornea that has not penetrated 483 
the globe. Notwithstanding the definition of surgery in s. 484 
463.002, a certified optometrist may provide any optometric care 485 
within the scope of practice of optometry as defined in s. 486 
463.002, including, but not limited to, removing an eyelash, 487 
removal of eyelid skin tags, removal of styes, ophthalmi c 488 
procedures as defined and approved by the board, probing an 489 
uninflamed tear duct in a patient 18 years of age or older, 490 
blocking the puncta, or superficial scraping for the purpose of 491 
removing damaged epithelial tissue or superficial foreign bodies 492 
or taking a culture of the surface of the cornea or conjunctiva. 493 
 (13)  A licensed practitioner who is not a certified 494 
optometrist is required to display at her or his place of 495 
practice a sign that states, "I am a Licensed Practitioner, not 496 
a Certified Optometr ist, and I am not able to prescribe ocular 497 
pharmaceutical agents or perform ophthalmic procedures." 498 
 Section 9.  Subsections (1), (4), and (5) of section 499 
463.014, Florida Statutes, are amended, to read: 500     
 
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 463.014  Certain acts prohibited. — 501 
 (1)(a)  A No corporation, lay body, organization, or 502 
individual other than a licensed practitioner may not shall 503 
engage in the practice of optometry through the means of 504 
engaging the services, upon a salary, commission, or other means 505 
or inducement, of any person licens ed to practice optometry in 506 
this state. Nothing in This section does not shall be deemed to 507 
prohibit the association of a licensed practitioner with a 508 
multidisciplinary group of licensed health care professionals, 509 
the primary objective of which is the diagnosis and treatment of 510 
the human body. 511 
 (b)  A No licensed practitioner may not shall engage in the 512 
practice of optometry with any corporation, organization, group, 513 
or lay individual. This paragraph does provision shall not 514 
prohibit licensed practitioners from employing, or from forming 515 
partnerships or professional associations with, licensed 516 
practitioners licensed in this state or with other licensed 517 
health care professionals, the primary objective of whom is the 518 
diagnosis and treatment of the human body. 519 
 (c)  A No rule of the board may not shall forbid the 520 
practice of optometry in or on the pr emises of a commercial or 521 
mercantile establishment. Notwithstanding this paragraph, a 522 
commercial or mercantile establishment or other such entity may 523 
not have any control over the manner in which a licensee under 524 
this chapter practices optometry. Any viola tion of this 525     
 
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paragraph will be deemed as unlicensed practice of optometry as 526 
specified in s. 463.015(1)(a). Individual owners, officers, or 527 
directors of any commercial or mercantile establishment or other 528 
such entity in violation of this section will be de emed to have 529 
committed the unlicensed practice of optometry. 530 
 (d)  A No licensed practitioner may not practice under 531 
practice identification names, trade names, or service names, 532 
unless any dissemination of information by the practitioner to 533 
consumers contains the name under which the practitioner is 534 
licensed or that of the professional association in which the 535 
practitioner participates. Any advertisement or other 536 
dissemination of information to consumers may contain factual 537 
information as to the geographic location of licensed 538 
practitioners or of the availability of optometric services. 539 
 (e)  A No licensed practitioner may not shall adopt and 540 
publish or cause to be published any practice identification 541 
name, trade name, or service name which is, contains, o r is 542 
intended to serve as an affirmation of the quality or 543 
competitive value of the optometric services provided at the 544 
identified practice. 545 
 (4)  Surgery of any kind is expressly prohibited. Certified 546 
optometrists may remove superficial foreign bodies. Fo r the 547 
purposes of this subsection, the term "superficial foreign 548 
bodies" means any foreign matter that is embedded in the 549 
conjunctiva or cornea but that has not penetrated the globe. 550     
 
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Notwithstanding the definition of surgery as provided in s. 551 
463.002(6), a certified optometrist is not prohibited from 552 
providing any optometric care within the practice of optometry 553 
as defined in s. 463.002(7), such as removing an eyelash by 554 
epilation, probing an uninflamed tear duct in a patient 18 years 555 
of age or older, block ing the puncta by plug, or superficial 556 
scraping for the purpose of removing damaged epithelial tissue 557 
or superficial foreign bodies or taking a culture of the surface 558 
of the cornea or conjunctiva. 559 
 (4)(5) A No rule of the board may not shall prohibit a 560 
licensed practitioner from authorizing a board -certified 561 
optician to fill, fit, adapt, or dispense a contact lens 562 
prescription as authorized under chapter 484. 563 
 Section 10.  Section 463.009, Florida Statutes, is amended 564 
to read: 565 
 463.009  Supportive person nel.—No person other than a 566 
licensed practitioner may engage in the practice of optometry as 567 
defined in s. 463.002 s. 463.002(7). Except as provided in this 568 
section, under no circumstances shall nonlicensed supportive 569 
personnel be delegated diagnosis or tr eatment duties; however, 570 
such personnel may perform data gathering, preliminary testing, 571 
prescribed visual therapy, and related duties under the direct 572 
supervision of the licensed practitioner. Nonlicensed personnel, 573 
who need not be employees of the licens ed practitioner, may 574 
perform ministerial duties, tasks, and functions assigned to 575     
 
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them by and performed under the general supervision of a 576 
licensed practitioner, including obtaining information from 577 
consumers for the purpose of making appointments for the 578 
licensed practitioner. The licensed practitioner shall be 579 
responsible for all delegated acts performed by persons under 580 
her or his direct and general supervision. 581 
 Section 11.  Section 463.0185, Florida Statutes, is created 582 
to read: 583 
 463.0185  Certified optometrist titles and abbreviations. —584 
An optometrist licensed under chapter 463 may use the following 585 
titles and abbreviations as applicable to his or her license and 586 
certification, including "optometrist," "licensed optometrist," 587 
"Doctor of Optometry," "O .D.," "optometric physician," "board 588 
certified optometrist," "board certified optometric physician," 589 
"American Board of Optometry (ABO) certified," "Fellow of the 590 
American Academy of Optometry," "Fellow of the College of 591 
Optometrists in Vision Development, " "Residency-trained," 592 
"Diplomate of the American Board of Optometry," or other titles 593 
or abbreviations authorized under his or her practice act. 594 
 Section 12.  Section 463.0187, Florida Statutes, is created 595 
to read: 596 
 463.0187  Financial responsibility. — 597 
 (1)  As a condition of licensure and maintaining an active 598 
license, and before to the issuance or renewal of an active 599 
license or reactivation of an inactive license for the practice 600     
 
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of optometry, an applicant must demonstrate to the satisfaction 601 
of the board financial responsibility to pay claims and costs 602 
ancillary thereto arising out of the rendering of, or the 603 
failure to render, optometric care or services, by one of the 604 
following methods: 605 
 (a)  Establishing and maintaining an escrow account 606 
consisting of cash or assets eligible for deposit in accordance 607 
with s. 625.52 in the per claim amounts specified in paragraph 608 
(b). The required escrow amount provided in paragraph (b) may 609 
not be used for litigation costs or attorney fees for the 610 
defense of any malpractice claim; 611 
 (b)  Obtaining and maintaining professional liability 612 
coverage in an amount not less than $100,000 per claim, with a 613 
minimum annual aggregate of not less than $300,000, from an 614 
authorized insurer as defined under s. 624.09, from an eligible 615 
surplus lines insurer as defined under s. 626.914(2), from a 616 
risk retention group as defined under s. 627.942, or through a 617 
plan of self-insurance as provided in s. 627.357. The required 618 
coverage amount set forth in this paragraph may not be used for 619 
litigation costs or attorney fees for the defense of any 620 
malpractice claim; or 621 
 (c)  Obtaining and maintaining an unexpired, irrevocable 622 
letter of credit, established pursuant to chapter 675, in an 623 
amount not less than $100,000 per claim, with a minimum 624 
aggregate availability of credit of not less than $300,000. The 625     
 
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letter of credit must be payable to the optometrist as 626 
beneficiary upon presentment of a final judgment indicating 627 
liability and awarding damages to be paid by the optometrist or 628 
upon presentment of a settlement agreement signed by all parties 629 
to such agreement when such final judgment or settlement is a 630 
result of a claim arising out of the rendering of, or the 631 
failure to render, optometric care and services. The letter of 632 
credit may not be used for litigation costs or attorney fees for 633 
the defense of any malpractice claim. The letter of credit must 634 
be nonassignable and nontransferable and such letter of credit 635 
must be issued by any bank or savings association organized and 636 
existing under the laws of this state or any bank or savings 637 
association organized under the laws of the United States which 638 
has its principal place of business in this state or has a 639 
branch office that is authorized under the laws of this state or 640 
of the United States to receive de posits in this state. 641 
 (2)  This section applies to individuals registered as an 642 
out-of-state telehealth provider under s. 456.47(4). 643 
 Section 13.  Subsection (19) of section 641.31, Florida 644 
Statutes, is amended to read: 645 
 641.31  Health maintenance contr acts.— 646 
 (19)  Notwithstanding any other provision of law, health 647 
maintenance policies or contracts which provide coverage, 648 
benefits, or services as described in s. 463.002 s. 463.002(7), 649 
shall offer to the subscriber the services of an optometrist 650     
 
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licensed pursuant to chapter 463. 651 
 Section 14. This act shall take effect July 1, 2025. 652