ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 524
(By Senators Bailey, Chafin and Deem)
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[Originating in the Committee on Government Organization;
reported April 2, 1997.]
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A BILL to amend article eight, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto two new sections, designated section two-a
and two-b, relating to expanding the prescriptive authority
for optometrists; formulary of drugs to be prescribed;
eligibility and certification for prescriptive authority;
fees and administration; and proposal of legislative rules.
Be it enacted by the Legislature of West Virginia:
That article eight, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto two new sections, designated section
two-a and two-b, to read as follows:
ARTICLE 8. OPTOMETRISTS.
§30-8-2a. Prescriptive authority.
Notwithstanding the provisions of section two of this
article, the board of optometry may grant qualified optometrists
prescriptive authority for oral antibiotics, oral non-steroidal
anti-inflammatory drugs, and oral carbonic anhydrase inhibitors.
Provided, That the board has proposed rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code, defining a certification
process for individual optometrists that provide standards for
education, training and adequate insurance coverage determined by
the board to be conditions precedent to certification authorizing
the individual optometrist to prescribe drugs excluded pursuant
to the provisions of section two of this article but authorized
by this section, and the optometrist desiring to employ the use
of these pharmaceutical agents has met the necessary
qualifications as established by rule.
§30-8-2b. Expanded prescriptive authority.
Notwithstanding the provisions of section two of this
article, on or before the thirty-first day of December, one
thousand nine hundred ninety-seven, the board of optometry shall
propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code, defining a certification process and drug formulary which is
authorized by this section, except that no emergency rules may be
proposed. The board shall provide a formulary classifying those
categories of oral drugs rational to the diagnosis and treatment
of conditions or diseases of the human eye and its appendages,
which may be prescribed by optometrists from Schedules III, IV
and V of the Uniform Controlled Substances Act, article two,
chapter sixty-a of this code. The board shall consult with other
appropriate boards, including the board of pharmacy, in the
development of the formulary. The rules shall further provide
for individual certification of optometrists for this expanded
scope of prescriptive authority. The rules shall provide
standards for education and training determined by the board to
be conditions precedent to individual certification authorizing
an optometrist to prescribe drugs excluded pursuant to the
provisions of section two of this article and included in a drug
formulary to be adopted by the board; procedures for
certification by the board of education and training courses;
procedure standards for certification and recertification of
individual optometrists for an expanded scope of practice
prescriptive authority, which shall include a continuing
education requirement; administrative fees necessary for the
certification and recertification; procedures and standards for
certification and training courses; procedures and standards for determining successful completion of education and training; and
standards to ensure adequate insurance coverage, as well as
compliance with the provisions of this section.