CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 1 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 2 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 3 of 27 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 (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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 4 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 5 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 6 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 7 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 8 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 9 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 10 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 11 of 27 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 (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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 12 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 13 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 14 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 15 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 16 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 17 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 18 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 19 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 20 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 21 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 22 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 23 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 24 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 25 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 26 of 27 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 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 CS/CS/HB 449 2025 CODING: Words stricken are deletions; words underlined are additions. hb449-02-c2 Page 27 of 27 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 licensed pursuant to chapter 463. 651 Section 14. This act shall take effect July 1, 2025. 652