MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Public Health and Welfare; Accountability, Efficiency, Transparency

By: Senator(s) Fillingane, Blackwell, Caughman

Senate Bill 2070

AN ACT TO AMEND SECTION 73-19-1, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE BOARD OF OPTOMETRY TO DEFINE THE PRACTICE OF OPTOMETRY, TO EXEMPT CERTAIN OPHTHALMIC SURGERY PROCEDURES FROM THE DEFINITION OF OPTOMETRY AND TO REQUIRE THE STATE BOARD OF OPTOMETRY TO DETERMINE ANY REQUIRED HOURS OF ADDITIONAL TRAINING FOR ANY NEW PROCEDURE OFFERED BY OPTOMETRISTS; AND FOR RELATED PURPOSES

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 73-19-1, Mississippi Code of 1972, is amended as follows:

     73-19-1.  (1) * * *The practice of optometry is defined to be the application of optical principles, through technical methods and devices in the examination of human eyes for the purpose of ascertaining departures from the normal, measuring their functional powers and adapting or prescribing optical accessories, including spectacles, contact lenses and low‑vision devices, for the aid thereof, including, but not limited to, the use of computerized or automated refracting devices, lenses and prisms, vision therapy and low‑vision rehabilitation therapy.  The practice of optometry shall include the prescribing and use of therapeutic pharmaceutical agents by optometrists certified under Sections 73‑19‑153 through 73‑19‑165.  The practice of optometry shall not include the performing of any invasive surgery including laser surgery, but shall not preclude the removal of superficial foreign bodies from the eye or other noninvasive procedures.  Nothing in this section or any other provision of law shall be construed to prohibit optometrists who have been certified under Sections 73‑19‑153 through 73‑19‑165 from providing postophthalmic surgical or clinical care and management with the advice and consultation of the operating or treating physician. The State Board of Optometry shall define the practice of optometry.

     (2) * * *  Nothing in Laws of 2005, Chapter 404, shall be construed or interpreted to allow any optometrist to treat systemic diseases and/or conditions. The State Board of Optometry, in defining the practice of optometry, shall not include the following ophthalmic surgery procedures, except for the preoperative and postoperative care of these procedures:

(a)  Retina laser procedures, Laser-Assisted In Situ Keratomileus (LASIK), penetrating keratoplasty, corneal transplant or lamellar keratoplasty;

(b)  The administration of general anesthesia;

(c)  Surgery done with general anesthesia;

(d)  Laser or nonlaser incision of the vitreous chamber of the eye to treat any macular or retinal disease;

(e)  The following nonlaser surgical procedures:

(i)  Surgery related to removal of the eye from a living human being;

(ii)  Surgery requiring full thickness incision or excision of the cornea or sclera other than paracentesis in an emergency situation requiring immediate reduction of the pressure inside the eye;

(iii)  Surgery requiring incision of the iris and ciliary body, including the iris diathermy or cryotherapy;

(iv)  Surgery requiring incision of the vitreous;

(v)  Surgery requiring incision of the retina;

(vi)  Surgical extraction of the crystalline lens;

(vii)  Surgical intraocular implants;

(viii)  Incisional or excisional surgery of the extraocular muscles;

(ix)  Incisional cosmetic or mechanical repair of blepharochalasis, ptosis and tarsorrhaphy;

(x)  Surgery of the bony orbit, including orbital implants;

(xi)  Incisional or excisional surgery of the lacrimal system other than lacrimal probing or related procedures;

(xii)  Surgery requiring full thickness conjunctivoplasty with graft or flap; and

(xiii)  Any surgical procedure that does not provide for the correction and relief of ocular abnormalities;

(f)  Incision into the eyeball;

(g)  Retrobulbar or intraorbital injection; and

(h)  Injection into the posterior segment.

(3)  The State Board of Optometry shall determine the required hours of additional training for any new procedure offered by optometrists in Mississippi.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2020.

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