25 LC 52 0693
Senate Bill 140
By: Senators Dolezal of the 27th, Brass of the 6th, Harbison of the 15th, Still of the 48th,
Hickman of the 4th and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to
1
optometrists, so as to provide for doctors of optometry to dispense and sell pharmaceutical2
agents to patients under certain conditions; to provide for related matters; to provide for an3
effective date; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists,7
is amended by revising subparagraph (H) of paragraph (2) of Code Section 43-30-1, relating8
to definitions, as follows:9
"(H)(i)
Nothing in this chapter shall be construed to allow a A doctor of optometry10
to may dispense and sell pharmaceutical agents, other than controlled substances, that11
are related to the treatment of diseases and conditions of the eye and adnexa oculi and12
are for a legitimate medical purpose to patients provided that a doctor of optometry13
shall:14
(I) Be on the premises when any pharmaceutical agent is dispensed to a patient and15
be actively involved in the dispensing process;16
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(II) Inform the patient on the appropriate use of the pharmaceutical agent being17
dispensed;18
(III) Document in the patient's record the name, strength, quantity, and appropriate19
use of the pharmaceutical agent dispensed; and20
(IV) Maintain a readily retrievable record system by manual or electronic means21
of all the pharmaceutical agents purchased for administration, dispensing, or selling22
in the course of the professional practice.23
(ii) Nothing in this subparagraph shall expand the administrative or prescriptive24
authority of a doctor of optometry."25
SECTION 2.26
Said chapter is further amended by revising subsection (a) of Code Section 43-30-13, relating27
to construction of chapter, as follows:28
"(a) Nothing in this chapter shall be construed to apply to physicians and surgeons duly29
licensed to practice medicine, nor; to prevent persons from selling spectacles or eyeglasses30
on prescription from any duly qualified optometrist or physician, nor; to prevent any person31
from selling glasses as articles of merchandise or from using test cards in connection with32
the sale of such glasses at a permanently located place when not trafficking or attempting33
to traffic upon assumed skill in optometry; nor shall anything in this chapter be construed34
or to authorize any registered optometrist to use, dispense, sell, prescribe, or administer35
drugs except as permitted by law or, to practice medicine or surgery in any manner as36
defined by the laws of this state; nor shall this chapter be construed to authorize any such37
person , or to use the title of 'M.D.' or any other title mentioned in Code Section 43-34-2138
or 43-34-22."39
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SECTION 3.
40
This Act shall become effective upon its approval by the Governor or upon its becoming law41
without such approval.42
SECTION 4.43
All laws and parts of laws in conflict with this Act are repealed.44
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