2014 Indiana Code TITLE 25. PROFESSIONS AND OCCUPATIONS ARTICLE 24. OPTOMETRISTS CHAPTER 3. OPTOMETRIC LEGEND DRUGS
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IC 25-24-3
Chapter 3. Optometric Legend Drugs
IC 25-24-3-0.3
Treatment of rules adopted by optometric legend drug prescription
advisory committee
Sec. 0.3. The rules adopted by the optometric legend drug
prescription advisory committee under IC 25-26-15-13 (before its
repeal by P.L.157-2006) before July 1, 2006, and in effect on June
30, 2006, shall be treated after June 30, 2006, as the rules of the
Indiana optometry board under this chapter, as added by
P.L.157-2006.
As added by P.L.220-2011, SEC.410.
IC 25-24-3-1
"Associated structures of the eye" defined
Sec. 1. As used in this chapter, "associated structures of the eye"
means the:
(1) eyelids;
(2) eyebrows;
(3) conjunctiva;
(4) lachrymal apparatus; and
(5) orbital tissues.
As added by P.L.157-2006, SEC.65.
IC 25-24-3-2
"Administer" defined
Sec. 2. As used in this chapter, "administer" means the direct
application of a legend drug by an optometrist to a patient.
As added by P.L.157-2006, SEC.65.
IC 25-24-3-3
"Board" defined; treatment of references to optometric legend
drug prescription advisory committee
Sec. 3. (a) As used in this chapter, "board" means the Indiana
optometry board established by IC 25-24-1-1.
(b) Any reference in a law, a rule, a license, a registration, a
certification, or an agreement to the optometric legend drug
prescription advisory committee shall be treated after June 30, 2006,
as a reference to the board.
As added by P.L.157-2006, SEC.65. Amended by P.L.220-2011,
SEC.411.
IC 25-24-3-4
"Diagnostic legend drug" defined
Sec. 4. As used in this chapter, "diagnostic legend drug" means a
pharmacological agent approved by the board that is used in the
examination of the human eye to detect abnormalities.
As added by P.L.157-2006, SEC.65.
IC 25-24-3-5
"Dispense" defined
Sec. 5. As used in this chapter, "dispense" means to deliver a
legend drug to an ultimate user by or pursuant to a lawful order of an
optometrist. The term includes the:
(1) prescribing;
(2) administering;
(3) packaging;
(4) labeling; or
(5) compounding;
necessary to prepare the drug for delivery.
As added by P.L.157-2006, SEC.65.
IC 25-24-3-6
"Legend drug" defined
Sec. 6. As used in this chapter, "legend drug" has the meaning set
forth in IC 16-18-2-199. The term does not include controlled
substances (as defined in IC 35-48-1-9).
As added by P.L.157-2006, SEC.65.
IC 25-24-3-7
"Optometrist" defined
Sec. 7. As used in this chapter, "optometrist" means an individual
licensed as an optometrist under IC 25-24-1.
As added by P.L.157-2006, SEC.65.
IC 25-24-3-8
"Prescription" defined
Sec. 8. As used in this chapter, "prescription" means a written
order or an order transmitted by other means of communication that
is immediately reduced to writing by the pharmacist or, for
electronically transmitted orders, recorded in an electronic format
from an optometrist to or for an ultimate user for a drug or device,
containing:
(1) the name and address of the patient;
(2) the date of issue;
(3) the name and strength or size (if applicable) of the drug or
device;
(4) the amount to be dispensed (unless indicated by directions
and duration of therapy);
(5) adequate directions for the proper use of the drug or device
by the patient;
(6) the name and certification number of the prescribing
optometrist; and
(7) if the prescription:
(A) is in written form, the signature of the optometrist; or
(B) is in electronic form, the electronic signature of the
optometrist.
As added by P.L.157-2006, SEC.65.
IC 25-24-3-9
"Therapeutic legend drug" defined
Sec. 9. As used in this chapter, "therapeutic legend drug" means
a pharmacological agent that is used in the treatment of a diagnosed
condition of the:
(1) human eye; or
(2) associated structures of the human eye.
As added by P.L.157-2006, SEC.65.
IC 25-24-3-10
Duties of board
Sec. 10. The board shall do the following:
(1) Adopt rules under IC 4-22-2 to do the following:
(A) Establish a formulary of legend drugs that may be
prescribed, dispensed, or administered by an optometrist.
(B) Set fees described in IC 25-1-8.
(C) Carry out this chapter.
(2) Establish education and training requirements in ocular
pharmacology required for certification to do the following:
(A) Administer therapeutic legend drugs.
(B) Dispense legend drugs.
(C) Prescribe legend drugs.
(3) Establish continuing education requirements for renewal of
the certificate issued under this chapter.
As added by P.L.157-2006, SEC.65.
IC 25-24-3-11
Formulary requirements; dependently and independently
prescribed legend drugs
Sec. 11. (a) The formulary established under section 10 of this
chapter shall include legend drugs that:
(1) may be independently prescribed by an optometrist; or
(2) must be dependently prescribed by an optometrist.
(b) If a legend drug is designated in the formulary as one (1) that
must be dependently prescribed, the formulary must designate:
(1) those legend drugs for which the optometrist must only
notify the patient's physician that the optometrist is prescribing
the legend drug; and
(2) those legend drugs for which the optometrist must consult
with the patient's physician before prescribing the legend drug.
(c) If the patient has no physician, the optometrist must document
such in the patient's file.
(d) If the legend drug is designated in the formulary as a legend
drug that must be dependently prescribed, the optometrist shall
indicate on the prescription that:
(1) the patient's physician has been contacted; or
(2) the patient has indicated to the optometrist that the patient
has no physician.
(e) If the legend drug is designated in the formulary as a legend
drug that may be independently prescribed, the optometrist may
prescribe the legend drug without notifying the patient's physician.
As added by P.L.157-2006, SEC.65. Amended by P.L.1-2007,
SEC.178.
IC 25-24-3-12
Certificate issuance
Sec. 12. The board shall issue a certificate to a licensed
optometrist who:
(1) applies; and
(2) successfully fulfills all the requirements of this chapter.
As added by P.L.157-2006, SEC.65.
IC 25-24-3-13
Application requirements
Sec. 13. An optometrist who applies for a certificate to administer,
dispense, and prescribe legend drugs must meet the following
requirements:
(1) Apply in the form and manner prescribed by the board.
(2) Provide proof of education in ocular pharmacology from a
school or college of optometry or medicine approved by the
optometry board.
(3) Pass the Treatment and Management of Ocular Disease
(TMOD) examination that is sponsored by the International
Association of Boards of Examiners in Optometry (IAB) and
administered by the National Board of Examiners in Optometry.
(4) Pay the fee established by the board.
As added by P.L.157-2006, SEC.65.
IC 25-24-3-14
Optometry license required to hold certificate
Sec. 14. An applicant must hold a license to practice optometry in
order to hold a certificate.
As added by P.L.157-2006, SEC.65.
IC 25-24-3-15
Certificate renewal
Sec. 15. The board shall renew a certificate issued under this
chapter:
(1) concurrently with the renewal of the optometrist's license to
practice optometry;
(2) upon payment of the renewal fee established by the board;
and
(3) upon completion of continuing education requirements
established under section 10 of this chapter.
As added by P.L.157-2006, SEC.65.
IC 25-24-3-16
Diagnostic legend drugs; therapeutic legend drugs
Sec. 16. (a) Optometrists may administer topical diagnostic legend
drugs limited to:
(1) miotics;
(2) mydriatics;
(3) anesthetics; and
(4) cycloplegics;
without holding a certificate issued under this chapter. These
pharmaceutical agents may be applied in diagnostic procedures only
as a part of an examination of the eye.
(b) The board may authorize an optometrist holding a certificate
issued under this chapter to:
(1) administer for therapeutic use;
(2) dispense; or
(3) prescribe;
legend drugs that are included in the formulary established by the
board under section 10 of this chapter, in the treatment of any
condition of the eye or the associated structures of the eye.
As added by P.L.157-2006, SEC.65.
IC 25-24-3-17
Penalties for noncompliance
Sec. 17. (a) An optometrist may not:
(1) administer, dispense, or prescribe therapeutic legend drugs;
or
(2) dispense or prescribe diagnostic legend drugs;
unless the optometrist is certified under this chapter.
(b) An optometrist may administer diagnostic legend drugs
without obtaining a certificate under this chapter.
(c) An individual who recklessly, knowingly, or intentionally
violates this chapter commits a Class A misdemeanor.
As added by P.L.157-2006, SEC.65.
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