Florida 2025 2025 Regular Session

Florida Senate Bill S1544 Analysis / Analysis

Filed 03/17/2025

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Health Policy  
 
BILL: SB 1544 
INTRODUCER:  Senator Rodriguez 
SUBJECT:  Opticianry 
DATE: March 17, 2025 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Smith Brown HP Pre-meeting 
2.     AHS   
3.     RC  
 
I. Summary: 
SB 1544 establishes that only a licensed optician may practice opticianry. The bill removes an 
optician’s ability to delegate functions to non-licensed supportive personnel, under the optician’s 
direct supervision.  
 
The bill provides an effective date of July 1, 2025.  
II. Present Situation: 
Eye Care Professions in Florida 
The Legislature created the DOH to protect and promote the health of all residents and visitors in 
the state.
1
 The DOH is charged with the regulation of health practitioners for the preservation of 
the health, safety, and welfare of the public. The Division of Medical Quality Assurance (MQA) 
is responsible for the boards
2
 and professions within the DOH.
3
  
 
Florida law recognizes three distinct eye care professions, each with specific roles and 
regulations:  
• Ophthalmologists are either allopathic physicians (M.D.) regulated by the Florida Board of 
Medicine, or osteopathic physicians (D.O.) regulated by the Florida Board of Osteopathic 
Medicine, who are trained in medical schools to treat the whole person and who undertake 
four additional years of specialized training in eye care, diseases of the eye, and surgery.
4
  
 
1
 Section 20.43, F.S. 
2
 Under s. 456.001(1), F.S., “board” is defined as any board, commission, or other statutorily created entity, to the extent such 
entity is authorized to exercise regulatory or rulemaking functions within the DOH or, in some cases, within the DOH MQA. 
3
 Section 20.43, F.S. 
4
 Ophthalmologists are licensed under ch. 458, F.S., relating to the allopathic practice of medicine or ch. 459, F.S., relating to 
the osteopathic practice of medicine. 
REVISED:   BILL: SB 1544   	Page 2 
 
• Optometrists (O.D.), regulated by the Florida Board of Optometry, conduct comprehensive 
eye exams, prescribe glasses, contact lenses, and certain medications, and manage common 
eye conditions, though they may not perform surgery
5
 under Florida law.
6
  
• Opticians, regulated by the Florida Board of Opticianry
7
, are trained to fit, dispense, and 
adjust eyeglasses and contact lenses based on a prescription issued by an ophthalmologist or 
optometrist, but cannot perform eye exams or prescribe treatment. Their primary role is to 
ensure that patients receive properly fitted corrective eyewear that meets their vision needs.  
 
Opticianry 
The practice of opticianry in Florida is governed by Chapter 484, Part I, Florida Statutes, and 
Florida Administrative Code (F.A.C) Rule 64B12.  
 
Scope of Practice 
8
 
The Florida Statutes define “opticianry” as the preparation, fitting, and dispensing of prescription 
lenses, eyeglasses, contact lenses, and other optical devices. Opticians must work from a written 
prescription provided by a licensed optometrist or ophthalmologist and are responsible for 
ensuring that corrective eyewear is properly fitted to the intended user. While opticians facilitate 
the selection and sale of frames, these activities are not considered part of opticianry itself. 
However, an optician must complete the fitting process before transferring physical possession 
of the optical device to the customer. As part of optical dispensing, opticians interpret but do not 
alter prescriptions, ensuring that the prescribed optical aids are designed, adapted, and fitted 
correctly. Opticians may duplicate lenses without a prescription, provided the duplication is 
accurate in power, and they can also duplicate nonprescription eyewear and its components.  
 
A board-certified optician, who has passed the National Contact Lens Registry Examination and 
who has completed a board-approved course of 20 contact hours, is authorized to fill, fit, adapt, 
and dispense soft contact lenses.
9
 Additionally, such an optician may handle extended wear and 
hard contact lenses but only within the specific authorization provided by the prescribing 
optometrist or physician.
10
  
 
The optician’s scope of practice does not include performing eye exams, diagnosing conditions, 
or modifying prescriptions.
11
 An optician’s practice is focused on ensuring accurate dispensing, 
proper fit, and comfort of eyewear, ensuring that patients receive optical aids tailored to their 
vision needs.  
 
Opticians may delegate certain tasks (e.g., pre-adjusting frames, assisting with eyewear 
selection) to non-licensed assistants, but they must directly supervise and remain responsible for 
the final fitting and dispensing.
12
 Non-licensed personnel cannot measure, fit, or dispense optical 
 
5
 Section 463.014(4), F.S. 
6
 Optometrists are licensed under ch. 463. 
7
 Sections 463.003, 463.004, 463.005, F.S. 
8
 Section 484.002(3), F.S. 
9
 Section 484.002(6), F.S. 
10
 Id. 
11
 Section 484.013(3), F.S. 
12
 Section 484.011, F.S.  BILL: SB 1544   	Page 3 
 
devices independently. A board-certified optician may fit and dispense contact lenses pursuant to 
a valid prescription but cannot delegate these tasks to non-licensed personnel.
13
 Licensed 
opticians may also oversee apprentice opticians who are in training.
14
  
 
Licensing Requirements 
15
 
To become licensed by examination as an optician in Florida, an optician must successfully pass 
the Florida Opticianry Licensure Examination, complete a two-hour course on fitting and 
adjusting, and pay a licensing fee.  
 
An applicant for licensure by examination must submit an Optician Application for Examination 
form and the examination fee
16
, and also meet the following criteria:  
• Is not younger than 18 years of age;  
• Is a graduate of an accredited high school or possesses a certificate of equivalency of a high 
school education;  
• Successfully passed the National Opticianry Competency Examination within three years of 
application or has current American Board of Opticianry certification;  
• Successfully passed the Contact Lens Registry Examination within three years of application 
or has current National Contact Lens Examiners certification; and 
• Has completed one of the following:  
o Received an associate degree, or equivalent, in opticianry from an accredited school; or 
o Has registered as an apprentice with the department and completed 6,240 hours of 
training under their registered sponsor(s).
17
  
III. Effect of Proposed Changes: 
Section 1 of the bill amends s. 484.011, F.S., to delete a provision in current law which 
authorizes a licensed optician to delegate duties, tasks, and functions within the optician’s scope 
of practice
18
 to non-licensed supportive personnel. It also deletes a provision in current law 
which specifies that all such delegated tasks shall be performed under the direct supervision
19
 of 
the licensed optician and that the optician shall be liable for acts performed by the non-licensed 
person performing acts under the optician’s direct supervision.  
 
These changes would establish that only a licensed optician may practice opticianry.  
 
 
13
 Pursuant to section 484.011, only functions listed in s. 484.002(3), F.S., are able to be delegated. 
14
 Section 484.007(1)(d), F.S. See also Rule 64B12-16 F.A.C. 
15
 Florida Board of Opticianry, Licensing Requirements available at https://floridasopticianry.gov/licensing/optician/#tab-
requirements (last accessed March 14, 2025.) See also s. 484.007, F.S. 
16
 Florida Board of Opticianry, Fees available at https://floridasopticianry.gov/licensing/optician/#tab-fees (last accessed 
March 14, 2025.) 
17
 The apprenticeship requirements must be met within 5 years after the date of registration. Refer to Rule 64B12-16.003, 
F.A.C for the training subject areas. Supra note 15. 
18
 An optician’s scope of practice is controlled by the statutory definition of the term “opticianry” in s. 484.002(3), F.S. 
19
 “Direct supervision” means supervision where the licensee remains on the premises while all work is being done and gives 
final approval to any work performed by an employee. Section 484.002(5), F.S.  BILL: SB 1544   	Page 4 
 
Section 2 of the bill amends s. 484.018, F.S., to delete a provision in current law prohibiting 
non-licensed supportive personnel practicing opticianry under the direct supervision of an 
optician from holding himself or herself out to the public as an optician. This deletion conforms 
to changes made by section 1 of the bill.  
 
Section 3 of the bill provides an effective date of July 1, 2025.  
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
None.  BILL: SB 1544   	Page 5 
 
VI. Technical Deficiencies: 
Section 484.007(1), F.S., requires the Department of Health to administer a licensure 
examination to applicants who meet certain criteria, including a high school education and an 
associate degree in opticianry from an approved accrediting agency or who has completed an 
apprenticeship program after registering with the department. Changes made to s. 484.011, F.S., 
in Section 1 of the bill, which would prohibit anyone aside from a licensed optician from 
practicing opticianry, may prohibit apprentices from completing their training program. If this is 
the case, and if this is unintended, an amendment should be considered to ensure that apprentices 
may continue their training programs in their pursuit of licensure.  
VII. Related Issues: 
Staff recommends that an amendment be considered to repeal s. 484.002(5), F.S., and remove the 
definition of the term “direct supervision” as the term is defined for part I of ch. 484. The 
changes made by the bill delete the only two uses of the term “direct supervision” within part I of 
ch. 484, and the term and its definition would no longer be in use if the bill is enacted.  
VIII. Statutes Affected: 
This bill substantially amends the following sections 484.011 and 484.018 of the Florida 
Statutes.  
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.