H. B. 2978
(By Delegates Kominar, Swartzmiller, Varner,
Perdue, Eldridge, Perry, Campbell, Stephens,
Cowles and J. Miller)
[Introduced March 6, 2009; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to repeal §30-8-2a and §30-8-2b of the Code of West
Virginia, 1931, as amended; and to amend and reenact §30-8-2
and §30-8-3 of said code, all relating to the practice of
optometry; repealing existing provisions regarding
prescriptive and expanded prescriptive authority; authorizing
certain surgical procedures included in the curriculum of
accredited schools of optometry, the dispensing of optical
lenses, prescriptive drugs and other practice included in the
curriculum of accredited schools of optometry or approved
continuing education course; and requiring the West Virginia
Board of Optometry to promulgate legislative rules
establishing the limitation of practice and drug formularies
for optometrists in this state.
Be it enacted by the Legislature of West Virginia:
That §30-8-2a and §30-8-2b of the Code of West Virginia, 1931,
as amended, be repealed; and that §30-8-2 and §30-8-3 of said code be amended and reenacted, all to read as follows:
ARTICLE 8. OPTOMETRISTS.
§30-8-2. Practice of optometry defined.
(a) Any one or any combination of the following practices
shall constitute the practice of optometry:
(a) The examination of the human eye, with or without the use
of drugs, prescribable for the human eye which drugs may be used
for diagnostic or therapeutic purposes, for topical application to
the anterior segment of the human eye and, by any method other than
surgery, to diagnose, treat or refer for consultation or treatment
any abnormal condition of the human eye or its appendages;
(1) The examination of the human eye to diagnose, treat or
refer for consultation or treatment any abnormal condition of the
human eye or its appendages, with or without the use of approved
drugs prescribed for the human eye.
(b) (2) The employment
or administration without the use of
surgery of any instrument, device, method or
diagnostic or
therapeutic drug
approved by the West Virginia Board of Optometry
and intended for the purpose of investigating, examining, treating,
diagnosing, improving or correcting any visual defect or abnormal
condition of the human eye or its appendages;
(c) (3) The prescribing, fitting,
dispensing, application,
replacement, duplication or alteration of lenses, prisms, contact
lenses,
including plano contact lenses, orthoptics, vision training, vision rehabilitation,
diagnostic or therapeutic drugs
approved by the West Virginia Board of Optometry, or the furnishing
or providing of any prosthetic device
or any other method other
than surgery necessary to correct or relieve any defects or
abnormal conditions of the human eye or its appendages;
(4) The performance of any clinical practice necessary to
treat, correct or relieve any defects or abnormal conditions of the
human eye or its appendages for which the optometrist has been
trained through the curriculum of an accredited school of optometry
accepted by the West Virginia Board of Optometry or through a
continuing education course from an accredited school or program
accepted by the West Virginia Board of Optometry: Provided, That
the practice of optometry does not include any procedures
specifically prohibited by the board through legislative rules
promulgated in accordance with the provisions of article three,
chapter twenty-nine-a of this code; and
(5) The performance or ordering of appropriate laboratory and
diagnostic tests.
(d) (b) Nothing in this section shall be construed to permit
an optometrist to
perform surgery, use drugs by injection perform
any procedure or to
use dispense, adminster or prescribe any drug
for other than the specific purposes authorized by this article.
§30-8-3. Board of optometry; duties; disposition of moneys
collected; compensation and expenses.
(a) There shall be a state board of examiners in optometry,
known as the "West Virginia Board of Optometry," which shall
consist of five optometrists and two lay members, who shall be
appointed by the Governor, by and with the advice and consent of
the Senate. Each optometric member of the board, at the time of
his or her appointment, shall have been a resident and a registered
practicing optometrist of this state for a period of not less than
three years immediately preceding his or her appointment.
(b) The optometric members of the board in office on July 1,
2001, shall, unless sooner removed, continue to serve until their
successors have been appointed and have qualified. On or before
July 1, 2001, and annually thereafter, as their respective terms
expire, the Governor shall appoint their successors so that one
year he or she shall appoint one member and in each of the two
succeeding years he or she shall appoint two members, each for a
term of three years commencing on July 1. Any member shall be
eligible for reappointment.
(c) All fees and other moneys collected by the board pursuant
to the provisions of this article shall be kept in a separate fund
and expended solely for the purpose of this article. The
compensation for the members of the board and all expenses incurred
under this article shall be paid from this special fund. No
compensation or expense incurred under this article shall be a
charge against the general funds of this state.
(d) The board shall propose rules for legislative approval in
accordance with article three, chapter twenty-nine-a of this code,
which are not inconsistent with any other provision or section of
this article:
(a) (1) For the proper performance of its duties;
(b) (2) To govern the ethical practice of optometry for the
safety, protection and welfare of the public;
and
(c) (3) To provide for examinations, licensure requirements,
continuing education requirements,
and fees;
and to further
effectuate the provisions of this article, article one of this
chapter, and any other provisions set forth in state or federal law
(4) To establish limitations of clinical practice for
optometrists practicing in this state;
(5) To establish a drug formulary for optometrists practicing
in this state; and
(6) To further effectuate the provisions of this article,
article one of this chapter and any other provisions set forth in
state or federal law.
NOTE: The purpose of this bill is to authorize optometrists to
perform the clinical practices for which they are trained,
including treatment of the eye, performing certain procedures,
dispensing or administering certain drugs and ordering laboratory
and diagnostic tests. The bill requires the Board of Optometry to
promulgate rules limiting the practices of optometrists and
establishing a drug formulary for optometrists.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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