14 CSR 11

                             Senate Bill No. 297

(By Senators Minard, Snyder, Prezioso,

Unger, Boley and K. Facemyer)

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[Introduced January 27, 2011; referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Optometry to promulgate a legislative rule relating to injectable pharmaceutical agents certificate.

Be it enacted by the Legislature of West Virginia:

    That article 9, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.

§64-9-1. Board of Optometry.

    The legislative rule filed in the state register on the thirtieth day of July, two thousand ten, authorized under the authority of section fifteen, article eight, chapter thirty, of this code, modified by the Board of Optometry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the twenty-third day of December, two thousand ten, relating to the Board of Optometry (injectable pharmaceutical agents certificate, 14 CSR 11), is authorized with the following amendments:

    On page two, by inserting a new subsection 5.6, to read as follows:

    “5.6 The licensee must present proof of hands-on supervised clinical training of a minimum of twenty-five patients for each type of injection and each medication where the licensee actually gave injections to patients under supervision. A log book with dates, medications, route of injection, name of supervising doctor and patient identification by number for review by the Board.”;

    And,

    On page five, by adding a new section eleven to read as follows: “§14-11-11. Restrictions.

     11.1 A certificate holder may not establish a pharmacy in an optometric office or sell injectable pharmaceutical agents prescribed in treatment unless there is a licensed pharmacist on staff or present when the prescription is filled. Nothing in this rule shall prohibit the optometrist from charging a usual and customary fee for performing the injection.

    11.2 A certificate holder may not inject any medication into a child under the age of 18.

    11.3 An injection may not be given to a patient without consultation with the patient's osteopathic or allopathic physician in order to identify and minimize potential adverse reactions and drug interactions.

    11.4    Retrobulbar and Periocular injections are prohibited.

    11.5    A certificate holder may not inject any of the following drug categories:

    11.5.1 Chemotherapy drugs;

    11.5.2 Immunosuppressive drugs;

    11.5.3 Intravenous steroids;

     11.5.4 Intravenous dyes;

    11.5.5 Controlled substances from Schedules II thru V;

    11.5.6 Antivirals or Antifungal Agents;

    11.5.7 Propofol (Diprivan);

    11.5.8 Anesthesia drugs;

    11.5.9 Edrophonium (Tensilon);

    11.5.10 Neurotoxins;

    11.5.11 Insulin or Diabetic drugs;

    11.5.12 Cardiovascular drugs;

    11.5.13 Dermatologic fillers;

    11.5.14 Hyperosmotics;

    11.5.15. Seizure drugs;

    11.5.16 Hormones;

    11.5.17 Antipsychotics;

    11.5.18 Multiple Sclerosis drugs;

    11.5.19 Blood thinners;

    11.5.20 Flu shots;

    11.5.21 Hepatitis Vaccines;

    11.5.22 Pneumonia Vaccines;

    11.5.23 Allergy drugs and testing.”.

    NOTE: The purpose of this bill is to authorize the Board of Optometry to promulgate a legislative rule relating to Injectable Pharmaceutical Agents Certificates.

    This section is new; therefore, strike-throughs and underscoring have been omitted.