MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Public Health and Welfare

By: Senator(s) Caughman

Senate Bill 2763

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 PROVIDE FOR THE DISEASES AND CONDITIONS THAT OPTOMETRISTS ARE AUTHORIZED TO EXAMINE, DIAGNOSE AND MANAGE; TO PROVIDE THAT AN OPTOMETRIST MAY UTILIZE LOCAL ANESTHESIA IN THE PERFORMANCE OF CERTAIN PROCEDURES; TO PROVIDE THAT NO OPTOMETRIST SHALL PERFORM CATARACT SURGERY OR ANY OTHER SURGERY THAT REQUIRES GENERAL ANESTHESIA; TO PROVIDE THAT OPTOMETRISTS MAY PERFORM CERTAIN OPTOMETRIC LASER PROCEDURES; TO AMEND SECTION 73-19-27, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISION THAT ALLOWS OPTOMETRIST TO USE PHARMACEUTICAL AGENTS IN THEIR PRACTICE; TO AMEND SECTION 73-19-157, MISSISSIPPI CODE OF 1972, TO PROVIDE OPTOMETRISTS THE AUTHORITY TO USE AND PRESCRIBE CERTAIN PHARMACEUTICAL MEDICATIONS; 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 shall be defined * * * to by the State Board of Optometry and shall include 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. The practice of optometry shall include 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.  One who is engaged in the practice of optometry as a profession as defined in this subsection and who has sufficient education and professional competence, as defined by the State Board of Optometry, shall be authorized to examine, diagnose, manage and treat conditions and diseases of the eye and eyelid including the following:

(a)  The administration and prescribing of pharmaceutical agents rational to the diagnosis and treatment of conditions or diseases of the eye or eyelid;

(b)  The performance of primary eye care procedures rational to the treatment of condition or diseases of the eye or eyelid as determined by the Board of Optometry;

(c)  The performance and ordering of procedures and laboratory tests rational to the diagnosis of conditions or diseases of the eye and eyelid;

(d)  The use of a local anesthetic in conjunction with the primary care treatment of an eyelid lesion; provided, however, that no optometrist shall use a local anesthetic for this purpose unless the optometrist has met the certification requirements set forth by the Board of Optometry for the administration of pharmaceutical agents in the performance of primary eye care procedures.  Nothing in this subsection shall be construed as allowing an optometrist to perform any reconstructive surgical procedure on the eyelid; and

(e)  An optometrist may utilize local anesthesia by injection in performing the following procedures:

(i)  Needle drainage of an eyelid abscess, hematoma, bulla and seroma;

(ii)  Excision of a single epidermal lesion without characteristics of malignancy, no later than five (5) millimeters in size and no deeper than the dermal layer of the skin;

(iii)  Incision and curettage of a nonrecurrent chalazion;

(iv)  Simple repair of an eyelid laceration no larger than two and one-half (2-1/2) centimeters and no deeper than the orbicularis muscle and not involving the eyelid margin or lacrimal drainage structures; or

(v)  Removal of foreign bodies in the eyelid not involving lid margin, lacrimal drainage structures, and extending no deeper than the orbicularis muscle.

     (2)  Nothing in Laws of 2005, Chapter 404, shall be construed or interpreted to allow any optometrist to treat systemic diseases and/or conditions.

(3)  Optometrists practicing in this state shall not perform cataract surgery or any other surgical procedures requiring general anesthesia.

(4)  Optometrist practicing under the authority of this section shall be held to the same standard of care as that of other physicians providing similar services.  No optometrist shall practice under this section unless the optometrist has submitted to the Board of Optometry evidence of satisfactory completion of all education requirements and the board has certified the optometrist as educationally qualified.

(5)  An optometrist may perform the following if he has been certified by the Board of Optometry to perform the optometric laser procedure:

(a)  Laser capsulotomy;

(b)  Laser trabeculoplasty; and

(c)  Laser peripheral iridotomy.

     SECTION 2.  Section 73-19-27, Mississippi Code of 1972, is amended as follows:

     73-19-27.  Nothing in this chapter shall be construed as conferring on the holder of any certificate of licensure issued by said board the title of oculist, ophthalmologist, or any other word or abbreviation indicating that he is engaged in the practice of medicine or surgery. * * *, or the treatment or the diagnosis of diseases of, or injuries to, the human eye, or the right to use drugs or medicines in any forms for the treatment or examination of the human eye.  However, optometrists who have been certified by the board under the provisions of Sections 73‑19‑101 through 73‑19‑109 may use diagnostic pharmaceutical agents in the practice of optometry in accordance with the requirements of Sections 73‑19‑101 through 73‑19‑109, and optometrists who have been certified by the board under the provisions of Sections 3 through 9 of this act may use therapeutic pharmaceutical agents in the practice of optometry in accordance with the requirements of Sections 3 through 9 of this act.  Nothing contained in Chapter 303, Laws of 1991, shall be construed as expanding the scope of practice of a licensed optometrist beyond that authorized prior to July 1, 1991.

     SECTION 3.  Section 73-19-157, Mississippi Code of 1972, is amended as follows:

     73-19-157. * * * Any optometrist certified to prescribe and use therapeutic pharmaceutical agents under Sections 73‑19‑153 through 73‑19‑165 is authorized to examine, diagnose, manage and treat visual defects, abnormal conditions and diseases of the human eye or eyelids, including Optometrists shall be authorized to use and prescribe the following:

 * * *  (a)  Topical pharmaceutical agents;

          ( * * *ba)  Over-the-counter medications;

 * * * (c)  The administration and prescribing of all noninjectible medications listed in the current annual edition of the "Physicians Desk Reference for Ophthalmic Medicines" which are rational and appropriate for the examination, diagnosis, management or treatment of visual defects, abnormal conditions or diseases of the eye and/or eyelids for proper optometric practice;

          ( * * *cb)  All pharmaceutical medications which are rational and appropriate for the examination, diagnosis, management or treatment of visual defects, abnormal conditions or diseases of the eye and/or eyelids as authorized by Section 73-19-1.  These agents shall not include any drug or substance listed in Schedules I of the Uniform Controlled Dangerous Substances Law;

          ( * * *ec)  The administration of an auto injection or epi-pen to counteract anaphylactic reaction, followed by immediate referral of the patient to the nearest emergency medical facility * * *.; and

(d)  In a public health emergency, the State Health Officer may authorize therapeutically licensed optometrists to administer inoculations for systemic health reasons.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2021.

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