ENROLLED
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ACT No. 398
Regular Session, 2014
HOUSE BILL NO. 1065
BY REPRESENTATIVES POPE, ANDERS, BARROW, BERTHEL OT, BROWN,
HENSGENS, HODGES, AND HOWARD
AN ACT1
To amend and reenact R.S. 37:1041(C)(2)(a), (4)(a), and (5), to enact R.S. 37:1041(D) and2
(E), 1048(15), and 1049(8), and to repeal R.S. 37:1041(C)(2)(b) and (d) and3
1061(A)(29), relative to the practice of optometry; to provide definitions; to provide4
for the powers of the Louisiana State Board of Optometry Examiners in the control5
and regulation of the practice of optometry; to provide for qualifications and6
requirements of applicants for licensure as optometrists; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 37:1041(C)(2)(a), (4)(a), and (5) are hereby amended and reenacted10
and R.S. 37:1041(D) and (E), 1048(15), and 1049(8) are hereby enacted to read as follows:11
§1041. Legislative declaration; statement of purpose; definitions; scope of practice12
* * *13
C. As used in this Chapter, the following terms have the meaning ascribed14
to them in this Section, unless the context clearly indicates otherwise:15
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(2)(a) "Diagnostic and therapeutic pharmaceutical agent" means any17
chemical in solution, suspension, emulsion, ointment base, or other form that when18
used topically or orally has the property of assisting in prescription or19
nonprescription drug delivered by any route of administration, used or prescribed for20
the diagnosis, prevention, treatment, or mitigation of abnormal conditions and21
pathology of the human eye and its adnexa, or those which may be used for such22
purposes, and certain approved narcotics, when used in treatment of disorders or23
diseases of the eye and its adnexa.24
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(4)(a) "Ophthalmic surgery" means a procedure upon the human eye or its1
adnexa in which in vivo human tissue is injected, cut, burned, frozen, sutured,2
vaporized, coagulated, or photodisrupted by the use of surgical instrumentation such3
as, but not limited to, a scalpel, cryoprobe, laser, electric cautery, or ionizing4
radiation. Nothing in this Chapter shall limit an optometrist's ability to use5
diagnostic or therapeutic instruments utilizing laser or ultrasound technology in the6
performance of primary eye care or limit an optometrist's ability to perform7
ophthalmic surgery procedures other than those specifically excluded in Subsection8
D of this Section. Only persons licensed to practice medicine by the Louisiana State9
Board of Medical Examiners under the laws of this state may perform the ophthalmic10
surgery procedures specified in Subsection D of this Section.11
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(5) "Optometry" means that practice in which a person employs primary eye13
care procedures or applies any means other than including ophthalmic surgery such14
as YAG laser capsulotomy, laser peripheral iridotomy, and laser trabeculoplasty, for15
the measurement of except for those surgery procedures specifically excluded in16
Subsection D of this Section; measures the powers and testing the range of vision of17
the human eye, and determines using subjective or objective means, including the18
use of lenses and prisms before the eye and autorefractors or other automated testing19
devices to determine its accommodative and refractive state, and general scope of20
function,; and the adaptation, sale, and dispensing of frames and lenses in all their21
forms, including plano or zero power contact lenses, to overcome errors of refraction22
and restore as near as possible, normal human vision, or for orthotic, prosthetic,23
therapeutic, or cosmetic purposes with respect to contact lenses. Optometry also24
includes the examination, diagnosis, and treatment, other than by ophthalmic surgery25
of abnormal conditions and pathology of the human eye and its adnexa, including the26
provision use or prescription of vision therapy, ocular exercises, rehabilitation27
therapy, subnormal vision therapy, ordering of appropriate diagnostic lab or imaging28
tests; the dispensing of samples, use, to initiate treatment; and the use or prescription29
of diagnostic and therapeutic pharmaceutical agents. With respect to frames and30 ENROLLEDHB NO. 1065
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lenses, including those containing diagnostic and therapeutic pharmaceutical agents,1
an optometrist may provide samples or dispense such products to his own patients,2
provided however that such dispensing activities shall conform to rules relative to3
packaging, labeling, and record keeping recordkeeping promulgated by the board.4
D. The following ophthalmic surgery procedures are excluded from the5
scope of practice of optometry, except for the preoperative and postoperative care6
of these procedures:7
(1) Retina laser procedures, Laser-Assisted In Situ Keratomileus (LASIK),8
Photorefractive Keratectomy (PRK), laser epithelial keratomileusis (LASEK), and9
any form of refractive surgery.10
(2) Penetrating keratoplasty, corneal transplant, or lamellar keratoplasty.11
(3) The administration of general anesthesia.12
(4) Surgery done with general anesthesia.13
(5) Laser or nonlaser injection into the vitreous chamber of the eye to treat14
any macular or retinal disease.15
(6) The following nonlaser surgical procedures:16
(a) Surgery related to removal of the eye from a living human being.17
(b) Surgery requiring full thickness incision or excision of the cornea or18
sclera other than paracentesis in an emergency situation requiring immediate19
reduction of the pressure inside the eye.20
(c) Surgery requiring incision of the iris and ciliary body, including iris21
diathermy or cryotherapy.22
(d) Surgery requiring incision of the vitreous.23
(e) Surgery requiring incision of the retina.24
(f) Surgical extraction of the crystalline lens.25
(g) Surgical intraocular implants.26
(h) Incisional or excisional surgery of the extraocular muscles.27
(i) Surgery of the eyelid for suspect eyelid malignancies or for incisional28
cosmetic or mechanical repair of blepharochalasis, ptosis, and tarsorrhaphy.29
(j) Surgery of the bony orbit, including orbital implants.30 ENROLLEDHB NO. 1065
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(k) Incisional or excisional surgery of the lacrimal system other than lacrimal1
probing or related procedures.2
(l) Surgery requiring full thickness conjunctivoplasty with graft or flap.3
(m) Any surgical procedure that does not provide for the correction and4
relief of ocular abnormalities.5
(n) Injection or incision into the eyeball.6
(o) Retrobulbar or intraorbital injection.7
(p) Surgery requiring suturing.8
(q) Pterygium surgery.9
E. In a public health emergency, the state health officer may authorize10
therapeutically licensed optometrists to administer inoculations for systemic health11
reasons.12
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§1048. Powers of the board14
The board shall be responsible for the control and regulation of the practice15
of optometry and may:16
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(15) Require that any therapeutically licensed optometrist licensed to18
practice pursuant to this Chapter meet the educational and competence criteria19
established by the board in order to perform expanded therapeutic procedures.20
Evidence of proof of continuing competency shall be determined by the board.21
§1049. Qualifications and requirements of applicants22
All persons desiring to become licensed to practice optometry shall:23
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(8) Meet the credentialing requirements of the board to perform authorized25
ophthalmic surgery procedures.26
Section 2. R.S. 37:1041(C)(2)(b) and (d) and 1061(A)(29) are hereby repealed in27
their entirety.28
Section 3. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 ENROLLEDHB NO. 1065
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: