2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 275. Optometrists
Section 12-275-103. Practice of optometry defined - prescribing drugs - therapeutic optometrist.

(1) (a) As used in this article 275, the "practice of optometry" means the evaluation, diagnosis, prevention, or treatment of diseases, disorders, or conditions of the vision system, eyes, and adjacent and associated structures, including the use or prescription of lenses, prisms, vision therapy, vision rehabilitation, and prescription or nonprescription drugs including schedule II controlled narcotic substances limited to hydrocodone combination drugs and schedule III, IV, and V controlled narcotic substances for ocular disease, so long as an optometrist is practicing within the scope of his or her education as is commonly taught in accredited schools and colleges of optometry and is practicing in accordance with applicable federal and Colorado law and board rules.

(b) The following are part of the practice of optometry:

(I) The removal of superficial foreign bodies from the human eye or its appendages; (II) Postoperative care in the following situations: (A) With referral from a physician;

2. If ninety days have expired after the surgery unless the physician justifies medicallyindicated reasons for extending the postoperative period; and

3. If the patient has been released by the physician;

3. The treatment of anterior uveitis;

4. The treatment of glaucoma with all topical and oral antiglaucoma drugs;

5. Epilation;

6. Dilation and irrigation of the lacrimal system;

7. Punctal plug insertion and removal;

8. Anterior corneal puncture;

9. Corneal scraping for cultures;

10. Debridement of corneal epithelium; and(XI) Removal of corneal epithelium.

3. Any person who is engaged in the prescribing or performing without referral of visual training or orthoptics; the prescribing of any contact lenses, including plano or cosmetic contact lenses; the fitting or adaptation of contact lenses to the human eye; the use of scientific instruments to train the visual system or any abnormal condition of the eyes for the correction or improvement of, or the relief to, the visual function, or who holds oneself out as being able to do so, is engaged in the practice of optometry.

4. The "practice of optometry" does not include:

1. Surgery of or injections into the globe, orbit, eyelids, or ocular adnexa. "Surgery"means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or laser means.

2. The use of schedule I or II narcotics, except for hydrocodone combination drugs;

3. Treatment of posterior uveitis; or

4. The use of injectable drugs, except for the use of an epinephrine auto-injector tocounteract anaphylactic reaction.

2. A licensed optometrist who uses or prescribes prescription or nonprescription drugsshall provide the same level and standard of care to his or her patients as the standard of care provided by an ophthalmologist using or prescribing the same drugs.

3. A therapeutic optometrist is an optometrist licensed pursuant to this article 275 whomeets the requirements of section 12-275-113 (2) and (4). A licensed optometrist shall not use prescription or nonprescription drugs for treatment of eye disease or disorder or for any therapeutic purpose unless he or she is a therapeutic optometrist.

4. Nothing in this section prohibits an optometrist from charging a fee for prescribing,adjusting, fitting, adapting, or dispensing drugs for ophthalmic purposes and ophthalmic devices, such as contact lenses, that are classified by the federal food and drug administration as a drug or device, as long as the drug prescribed, dispensed, or delivered by the ophthalmic device is not a schedule I or II controlled substance, with the exception of hydrocodone combination drugs.

5. An optometrist who meets the requirements established by the board pursuant tosections 12-275-108 (1)(h) and 12-275-113 (4) may treat anterior uveitis and glaucoma.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1410, § 1, effective October 1.

Editor's note: This section is similar to former § 12-40-102 as it existed prior to 2019. 12-275-104. Proprietor defined. (1) The term "proprietor", as used in this article 275, includes any person, group, association, or corporation not licensed under this article 275 who:

1. For financial gain, employs optometrists in the operation of an optometry office;

2. Places, directly or indirectly, in possession of an optometrist such materials or equipment as may be necessary for the operation of an optometrist's office on the basis of any fee splitting, income division, profit sharing, or similar agreement or on any basis that has the effect of any such agreement, but the term "proprietor" does not include the bona fide seller of optometry equipment or material secured by chattel mortgage, conditional sales contract, or other title retention agreements or the bona fide leasing of the equipment by the manufacturer or by the manufacturer's franchised dealer; or

3. Under the guise of a rental percentage lease or sublease or other leasing or rentalarrangement, participates in the direction and control of a licensee's practice and business or in the receipts or profits accruing therefrom, but a bona fide percentage sale lease basing the rental of the premises let upon a percentage of gross income of not to exceed the reasonable, going rate for like quarters and location, as determined by the board after investigation, shall not be deemed an avoidance of the provisions of this section. Certified copies of all such leasing and rental arrangements and renewals thereof shall be filed with the board by the licensee within thirty days after execution.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1412, § 1, effective October 1.

Editor's note: This section is similar to former § 12-40-103 as it existed prior to 2019.