2006 Code of Virginia § 54.1-3223 - Regulations relating to instruction and training, examination, and therapeutic pharmaceutical agent...

54.1-3223. Regulations relating to instruction and training, examination,and therapeutic pharmaceutical agents.

A. The Board shall promulgate such regulations governing the treatment ofdiseases and abnormal conditions of the human eye and its adnexa withtherapeutic pharmaceutical agents by TPA-certified optometrists as arereasonable and necessary to ensure an appropriate standard of medical carefor patients, including, but not limited to, determinations of the diseasesand abnormal conditions of the human eye and its adnexa that may be treatedby TPA-certified optometrists, treatment guidelines, and the drugs specifiedon the TPA-Formulary.

In establishing standards of instruction and training, the Board shallconsult with a school or college of optometry and a school or college ofmedicine and shall set a minimum number of hours of clinical training to besupervised by an ophthalmologist. The didactic and clinical training programsmay include, but need not be limited to, programs offered or designed eitherby schools of medicine or schools or colleges of optometry or both or somecombination thereof.

The Board may prepare, administer, and grade appropriate examinations for thecertification of optometrists to administer therapeutic pharmaceutical agentsor may contract with a school of medicine, school or college of optometry, orother institution or entity to develop, administer, and grade theexaminations.

In order to maintain a current and appropriate list of therapeuticpharmaceuticals on the TPA-Formulary, current and appropriate treatmentguidelines, and current and appropriate determinations of diseases andabnormal conditions of the eye and its adnexa that may be treated byTPA-certified optometrists, the Board may, from time to time, amend suchregulations. Such regulations shall be exempt from the requirements of theAdministrative Process Act ( 2.2-4000 et seq.), except to any extent thatthey may be specifically made subject to 2.2-4024, 2.2-4030, and 2.2-4031;the Board's regulations shall, however, comply with 2.2-4103 of theVirginia Register Act ( 2.2-4100 et seq.). The Board shall, however, conducta public hearing prior to making amendments to the TPA-Formulary, thetreatment guidelines or the determinations of diseases and abnormalconditions of the eye and its adnexa that may be treated by TPA-certifiedoptometrists. Thirty days prior to conducting such hearing, the Board shallgive written notice by mail of the date, time, and place of the hearing toall currently TPA-certified optometrists and any other persons requesting tobe notified of the hearings and publish notice of its intention to amend thelist in the Virginia Register of Regulations. During the public hearing,interested parties shall be given reasonable opportunity to be heard andpresent information prior to final adoption of any TPA-Formulary amendments.Proposed and final amendments of the list shall also be published, pursuantto 2.2-4031, in the Virginia Register of Regulations. Final amendments tothe TPA-Formulary shall become effective upon filing with the Registrar ofRegulations. The TPA-Formulary shall be the inclusive list of the therapeuticpharmaceutical agents that a TPA-certified optometrist may prescribe.

B. To assist in the specification of the TPA-Formulary, there shall be aseven-member TPA-Formulary Committee, as follows: three VirginiaTPA-certified optometrists to be appointed by the Board of Optometry, onepharmacist appointed by the Board of Pharmacy from among its licensees, twoophthalmologists appointed by the Board of Medicine from among its licensees,and the chairman who shall be appointed by the Board of Optometry from amongits members. The ophthalmologists appointed by the Board of Medicine shallhave demonstrated, through professional experience, knowledge of theoptometric profession. In the event the Board of Pharmacy or the Board ofMedicine fails to make appointments to the TPA-Formulary Committee within 30days following the Board of Optometry's requesting such appointments, orwithin 30 days following any subsequent vacancy, the Board of Optometry shallappoint such members.

The TPA-Formulary Committee shall recommend to the Board those therapeuticpharmaceutical agents to be included on the TPA-Formulary for the treatmentof diseases and abnormal conditions of the eye and its adnexa byTPA-certified optometrists.

(1996, cc. 152, 158; 2004, c. 744.)