HLS 14RS-1177 ENGROSSED
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Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 43
BY REPRESENTATIVE CARMODY
BOARDS/COMMISSIONS: Requests the State Board of Medical Examiners to study and
make recommendations concerning authorization to perform certain surgical
procedures
A CONCURRENT RESOLUTI ON1
To authorize and request the Louisiana State Board of Medical Examiners to study whether2
authorization to perform surgical procedures on the human eye could be extended to3
health professionals other than physicians in a manner that ensures an adequate level4
of patient safety, to engage and solicit input and perspective from the Louisiana State5
Board of Optometry Examiners in conducting the study, and to report its findings to6
the legislative committees on health and welfare.7
WHEREAS, because of its unique qualifications as the regulatory body for the8
practice of medicine in this state, the Louisiana State Board of Medical Examiners is the9
proper authority to which the legislature should turn for guidance concerning any proposal10
to extend authorization to perform surgery to health professionals other than physicians; and11
WHEREAS, "surgery" is generally defined as the treatment of disease, injury, or12
disorder of the body by incision or manipulation with an instrument; and13
WHEREAS, "ophthalmic surgery" is specifically defined in Louisiana law, R.S.14
37:1041(C)(4), as a procedure upon the human eye or its adnexa in which in vivo human15
tissue is injected, cut, burned, frozen, sutured, vaporized, coagulated, or photodisrupted by16
the use of surgical instrumentation such as, but not limited to, a scalpel, cryoprobe, laser,17
electric cautery, or ionizing radiation; and18 HLS 14RS-1177 ENGROSSED
HCR NO. 43
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WHEREAS, the Paragraph of law defining ophthalmic surgery also provides1
explicitly that only persons licensed to practice medicine by the Louisiana State Board of2
Medical Examiners under the laws of this state may perform this type of surgery; and3
WHEREAS, balancing access to health care with patient safety is a vital public4
health priority of this state.5
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby6
authorize and request the Louisiana State Board of Medical Examiners to study whether7
authorization to perform surgical procedures on the human eye could be extended to health8
professionals other than physicians in a manner that ensures an adequate level of patient9
safety.10
BE IT FURTHER RESOLVED that in conducting the study, the Louisiana State11
Board of Medical Examiners shall engage and solicit input and perspective from the12
Louisiana State Board of Optometry Examiners on matters related to ophthalmic care.13
BE IT FURTHER RESOLVED that the Louisiana State Board of Medical Examiners14
shall include in the study an examination of the policies of the state of Oklahoma authorizing15
performance of laser surgery procedures by optometrists and an evidence-based evaluation16
of the impacts on patient safety of those policies.17
BE IT FURTHER RESOLVED that the Louisiana State Board of Medical Examiners18
shall submit its findings from the study in the form of a report to the House Committee on19
Health and Welfare and the Senate Committee on Health and Welfare on or before20
November 1, 2014.21
BE IT FURTHER RESOLVED that the Louisiana State Board of Medical Examiners22
shall transmit to the Louisiana State Board of Optometry Examiners the findings and23
recommendations it submits to the legislative committees specified herein, and shall do so24
on the same date that it submits the materials to the specified legislative committees.25
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the26
executive director of the Louisiana State Board of Medical Examiners and to the executive27
director of the Louisiana State Board of Optometry Examiners.28 HLS 14RS-1177 ENGROSSED
HCR NO. 43
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Carmody HCR No. 43
Authorizes and requests the La. State Board of Medical Examiners to study whether
authorization to perform surgical procedures on the human eye could be extended to health
professionals other than physicians in a manner that ensures an adequate level of patient
safety, to engage and solicit input and perspective from the La. State Board of Optometry
Examiners in conducting the study, and to report findings and recommendations to the
legislative committees on health and welfare on or before Nov. 1, 2014.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Deleted provision requesting that the report which the La. State Board of
Medical Examiners is to submit include necessary and appropriate policy
recommendations.
2. Added provision requiring that the La. State Board of Medical Examiners include
in its study an examination of the policies of the state of Oklahoma authorizing
performance of laser surgery procedures by optometrists and an evidence-based
evaluation of the impacts on patient safety of those policies.