Notice of Development of Rulemaking

Board of Optometry
64B13-3.007: Minimum Procedures for Vision Analysis
64B13-3.009: False, Fraudulent, Deceptive and Misleading Advertising Prohibited; Policy; Definitions; Affirmative Disclosure
64B13-3.010: Standards of Practice
PURPOSE AND EFFECT: For Rule 64B13-3.007, F.A.C., it is to use the terms relevant to insurance submissions to ensure that licensees understand the minimum procedures in the rule relate to the associated CPT code and to add clarifying details to the minimum examination requirements. For Rule 64B13-3.009, F.A.C., it is to clarify to licensees that each licensee has the duty to review and proof advertisements to ensure that the ads comply with the rules related to misleading advertising, regardless of what entity initiates the ad. For Rule 64B13-3.010, F.A.C., it is to change the rule language to track the statutory language, to delete unnecessary or repetitive language, and to clarify that optometry students include those titled extern, as well as those titled resident or intern.
SUBJECT AREA TO BE ADDRESSED: Minimum Procedures for Vision Analysis; False, Fraudulent, Deceptive and Misleading Advertising Prohibited; Policy; Definitions; Affirmative Disclosure; Standards of Practice.
LAW IMPLEMENTED: 456.072(1)(a), (m), 463.005(1), 463.0135, 463.014, 463.005(1), 463.0135(1), 463.016(1)(f), (g), (k) FS.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Joe Baker, Jr., Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3259


64B13-3.007 Minimum Procedures for Comprehensive Eye Examination Vision Analysis.

(1) A comprehensive eye examination Vision analysis is defined as a comprehensive assessment of the patient’s visual status and shall include those procedures specified in subsection (2) below.

(2) An comprehensive eye examination for vision analysis shall include the following minimum procedures, which shall be recorded on the patient’s case record:

(a) through (e) No change.

(f) Internal examination (direct or indirect ophthalmoscopy recording cup disc ratio, optic nerve health, blood vessel status, macula health, and any abnormalities);

(g) No change.

(h) Tonometry (with time of measurement);

(i) through (j) No change.

(k) Other tests and procedures that may be indicated by case history or objective signs and symptoms discovered during the comprehensive eye examination;

(l) No change.

(3) No change.

(4) Except as otherwise provided in this rule, the minimum procedures set forth in subsection (2) above shall be performed prior to providing optometric care during a patient’s initial presentation, and thereafter at such appropriate intervals as shall be determined by the optometrist’s sound professional judgment:. pProvided, however, that each optometric patient shall receive a comprehensive eye examination complete vision analysis prior to the provision of further optometric care if the last comprehensive eye examination complete vision analysis was performed more than two years before.

(5) No change.

(a) through (f) No change.

(6) The minimum procedures set forth in subsection (2) above shall not be required in the following circumstances:

(a) through (b) No change.

(c) When a licensed practitioner or certified optometrist performs public service visual screenings or visual screenings for governmental agencies and each recipient of such screening is clearly informed in writing of the following:

1. No change.

2. That the screening is not representative of or a substitute for a comprehensive eye examination vision analysis; and

3. No change.

(d) Drug therapy and contact lenses research.

(7) No change.

Specific Authority 463.005(1) FS. Law Implemented 463.005(1), 463.0135, 463.016(1)(g), (k) FS. History–New 11-13-79, Amended 4-17-80, 7-29-85, Formerly 21Q-3.07, Amended 7-18-90, Formerly 21Q-3.007, 61F8-3.007, 59V-3.007, Amended 4-3-00, 4-5-04, 6-5-06,________.


64B13-3.009 False, Fraudulent, Deceptive and Misleading Advertising Prohibited; Policy; Definitions; Affirmative Disclosure.

(1) through (3) No change.

(4) As used in the rules of this Board, the terms “advertisement” and “advertising” shall mean any statements, oral or written, disseminated to or before the public or any portion thereof, with the intent of furthering the purpose, either directly or indirectly, or of selling professional services or ophthalmic goods, or offering to perform professional services, or inducing members of the public to enter into any obligation relating to such professional services. The licensed practitioner has the duty to review and proof all advertisements prior to publication, and is fully responsible for the content therein.

(5) No change.

(6) All advertisements which advertise services available at branch office locations shall state the hours that a licensed practitioner is practicing at each location mentioned in the advertisement, or shall advise the reader to secure information as to the availability of the licensed practitioner. Excepted from this requirement are:

(a) through (b) No change.

(c) Advertising such as business cards, which are distributed by the licensed practitioner personally or at her or his premises; and

(d) No change.

(7) through (8) No change.

Specific Authority 463.005 FS. Law Implemented 456.072(1)(a), (m), 463.014, 463.016(1)(f), (g) FS. History–New 11-13-79, Amended 4-17-80, 8-20-81, Formerly 21Q-3.09, Amended 1-8-86, 12-16-86, Formerly 21Q-3.009, 61F8-3.009, 59V-3.009, Amended 1-2-02, 11-13-06,________.


64B13-3.010 Standards of Practice.

(1) Section 463.016(1)(g), Florida Statutes, authorizes the Board to take disciplinary action against an optometrist who is found guilty of “fraud, deceit, negligence, or incompetencey, or misconduct in the practice of optometry.” Conduct which deceives, or defrauds the public and which is thereby prohibited by Section 463.016(1)(g), Florida Statutes, shall include, but not be limited to, accepting and performing an optometric practice or procedure which the optometrist knows or has reason to know that he is not competent to undertake.

(2) No change.

(3) An optometrist shall provide that degree of care which is full and complete, consistent with the patient conditions presented, the professional competency of the optometrist, and the scope of practice of optometry. An optometrist shall advise or assist her or his patient in obtaining further care when, in the professional judgment of the optometrist, the service of another health care practitioner is required.

(4) Certified optometrists employing the topical ocular pharmaceuticals listed in subsection 64B13-18.002(9), F.A.C., Anti-Glaucoma Agents, shall comply with the following:

(a) No change.

1. The plan will be predicated upon the severity of the existing optic nerve damage, the height of the intraocular pressure, and stability of the clinical course.

2. No change.

(b) No change.

(c) The certified optometrist shall have available, and be proficient in the use of, the following instrumentation:

1. No change.

2. Visual fields instrumentation capable of threshold perimetry, combined with a threshold-related supra-threshold static technique.

3. through 6. No change.

(5) through (7) No change.

(8) Certified optometrists serving as adjunct professors to schools or colleges of optometry pursuant to Section 463.0057, Florida Statutes, may delegate to residents, externs or interns of said school, educational functions or duties beyond the restrictions of Section 463.009, Florida Statutes. Such delegated duties or functions shall be in accordance with Section 463.002(6), Florida Statutes. For purposes of this rule, residents, externs or interns of qualified schools or colleges of optometry are not defined as nonlicensed supportive personnel.

Specific Authority 463.005(1) FS. Law Implemented 463.005(1), 463.0135(1), 463.016(1) FS. History–New 9-16-80, Amended 12-20-82, Formerly 21Q-3.10, Amended 7-11-88, 6-18-92, 1-28-93, Formerly 21Q-3.010, Amended 3-16-94, Formerly 61F8-3.010, Amended 8-24-94, 9-21-94, 2-13-95, 12-31-95, Formerly 59V-3.010, Amended 6-15-00, 2-7-01, 11-16-05,________.