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GEORGIA JURISPRUDENCE Brian P. Kemp Secretary of State BOARD

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GEORGIA JURISPRUDENCE Brian P. Kemp Secretary of State BOARD Brian P. Kemp GEORGIA JURISPRUDENCE Secretary of State November 2018 • Georgia State Board of Optometry • Randall Vaughn, Division Director Professional Licensing Boards • Brig Zimmerman, Executive Director ADDRESS BOARD MEMBERS “Members are appointed by the Governor for three year terms.” • Georgia State Board of Optometry • 237 Coliseum Drive Current Sitting Board Members: Dr. Bob McCullough; • Macon, Georgia 31217-3858 Dr. Jody Whisenant; Dr. Jerry Prchal; Dr. Karen Canupp; (478) 207-1686 Dr. Larry Brown; Mrs. Betty Ann Lindsey (478) 207-1699 FAX [email protected] Meet quarterly- occasional called phone meeting WEB PAGES WEB PAGES • Georgia Secretary of State: http://www.sos.state.ga.us/ • Board of Optometry: http://www.sos.state.ga.us/plb/optometry/ COMPREHENSIVE EXAMS BOARD INFORMATION • 430-5-.01 Treatment Plans and Eye Examinations (April, 2006) • Total number of Licensees-1,479 (1) Before diagnosing or prescribing a treatment • (January 2008,1363) plan for any patient, the following must be determined: • (October 2006,1284) (a) case history as related by patient; and (b) any pathological conditions of the eyes, both external and internal with diagnosis recorded; and (c) the need for any necessary optometric tests to ascertain the final treatment plan. COMPREHENSIVE EXAMS COMPREHENSIVE EXAMS • 430-5-.01 Treatment Plans and Eye • 430-5-.01 Treatment Plans and Eye Examinations Examinations (2) A comprehensive eye examination includes an assessment of a patient’s history, any general 3) The written or electronic record of the above medical observations, an external and determination of each patient examined shall be ophthalmoscopic examination, an assessment of maintained by the licensed doctor of optometry for a gross visual field, visual acuity, ocular alignment and minimum of seven (7) years and made available to the motility, refraction, and, binocular vision and Board or its authorized agents for inspection at any accommodation, a diagnosis, if applicable, and a plan reasonable time. of treatment. 430-5-.03 Treatment Plans – 430-5-.03 Treatment Plans – Co-Management Co-Management (1) Intent- It is the intent of this rule to promote the cooperation of doctors 3) Nothing in these rules shall be construed as allowing doctors of optometry of optometry and other health care providers in the delivery of care to to perform procedures not authorized as within the scope of practice found mutual patients within the scope of their respective professional in O.C.G.A. § 43-30-1 et seq. practices. (2) Nothing in these rules shall be construed to prohibit a therapeutically 4) Co-management is defined as the sharing of peri-operative, pre-surgical, certified doctor of optometry from co-managing cases which may involve, post-surgical, and medical management responsibilities between the health but are not limited to invasive surgery, laser surgery, and procedures care providers for conditions of the eyes and ocular adnexa of patients. involving oral or injected pharmaceutical agents with health care practitioners whose scope of practice allows them to do these procedures under their own licenses. 5) Peri-operative is defined as the period of time extending from when the patient goes into the hospital, clinic, or doctor’s office for surgery until the time the patient is discharged home to the extent the doctor of optometry is practicing within the scope of practice found in O.C.G.A. § 43-30-1 et seq. All Work Under Supervision of Licensed Contact Lens Prescriptions Dispensing Optician- 420-4-.01 430-5-.02 Contents of Prescriptions for • Any trainee, apprentice, unlicensed optician, or any other person working for and under a licensed dispensing Contact Lenses. optician, optometrist or physician shall not do optical (1) A contact lens is any device placed on the anterior dispensing unless he/she is working exclusively for of the surface of the eye for refractive, cosmetic, and under the direct supervision of an LDO, OD or diagnostic or therapeutic purposes. MD and does not hold themselves out to the public generally as a dispensing optician. Direct supervision (2) All parameters for fabrication of the lenses must be shall mean daily, onsite, close contact while optical included. dispensing is taking place within the retail establishment. Contact lenses Contact Lenses vision or a refractive problem. (3) Prescription for contact lenses shall clearly state an No doctor of optometry shall replace contact lenses expiration date of not more than from data, which is more than one (1) year past the date the lens specifications were three (3) years past the date the lens specifications determined and a date of less than were determined. one (1) year from the date the lens specifications were nor shall provide the specifications, which would enable determined another provider to replace such lenses. is permissible only when indicated by a patient’s He/She may provide such expired specifications to medical condition that affects the patient’s another licensed doctor of optometry, medicine, or doctor of osteopathy for the purpose of adding to a new data base from which to determine new lens specifications. Spectacle Prescription POLICY STATEMENTS Not required to release Pupillary distance. 1. Medicated contact lens are within the scope of Optometric practice in Georgia Need clear policy on PD, release of records, contact 2. Debridement of corneal Epithelium is within the lens RX, etc. scope of practice of optometry and is not considered surgery. 3. Removal of corneal sutures is within the scope of practice of optometry because the procedure is not considered surgery. COMPLAINTS COMPLAINTS Complaints are taken by the Board office from referrals • Complaints are opened on all Malpractice Reports from other Boards or agencies or directly to the Board. received by the Board. • All OD’s named in the suit, defendant or not, will be asked to respond to the opened complaint. COMPLAINTS COMPLAINTS • A typical patient complaint about a doctor will • What should you do if you have a complaint result in a request for a response from the filed against you? doctor. 1. Respond to All Requests Quickly and 1. Written Response to Complaint Professionally. 2. Copy of the Record. 2. If you are subject to adverse action, know 3. Copy of CPR Certificate, Proof of Malpractice what you are signing. Insurance, and Proof of CE for Current Licensure. COMPLAINTS COMPLAINTS • The Cognizant Member reviews the • Complaints that are fee disputes are not complaint and makes one of the following handled by the Board, but recommendations. • If the complaint alleges less than standard 1. Close quality of care, the case will be investigated. 2. Refer to Investigation (or peer review) 3. Request Response 4. Refer to the Attorney 5. Refer to the Board COMPLAINTS FORMULARY • The Board has a number of actions that can be taken: 1. Revocation 2. Suspension 3. Fines 4. Consent Orders 5. Extra continuing education 6. Letter of Concern List of Drug Categories MAY 6, 2013 = a new law (a) Topical and oral antibiotics; (b) Topical and oral antivirals; (c) Topical and oral antifungals; •Not only topical and oral but ANY means other (d) Topical and oral anti-allergy; than injection and surgical (e) Topical and oral antiglaucoma; •MAY 9, 2017 = a new law SB 153 (f) Topical steroids; oral steroids- 2 weeks (g) Topical and oral nonsteroidal anti- inflammatory; (h) Oral non-narcotic analgesics; (i) Oral narcotic Schedule III or IV analgesics.(hydrocodone) SB 153 SB 153 Authorizes treatment by injections. Hearing on proposed rule to enact this Must be certified by completion of a 30 into the Board Rules to be held on hour Board approved course, or October 17. Be enrolled in a 30 Board approved No action on injectables before rule is course, and approved. Under the supervision of a GA Licensed ophthalmologist. Rules for Drug Categories List of Drug Categories a) Non-narcotic oral analgesics and There are NO Schedule III or Schedule IV controlled Anti-hypertensives, substances which are oral analgesics; Anti-diabetics, b) Used for ocular pain; and Anti-depressants, Tranquilizers, c) Used for no more than 72 hours (hydrocodone 48 hours) without consultation with the patient's physician; on the list of categories. Rules for Drug Categories Conditions for treating Glaucoma (d) Oral and topical antibiotics, antivirals, • If the diagnosis is closed angle glaucoma, topical steroids, antifungals, antihistamines, the patient must be immediately referred to or anti-glaucoma agents related to the an ophthalmologist. diagnosis or treatment of diseases and • If the drug is a beta blocker, the OD must conditions of the eye and adnexa oculi take a complete case history, determining except Schedule I or Schedule II controlled whether or not the patient has had a physical substances. examination within one year. Conditions for treating Glaucoma Conditions for treating Glaucoma • If the patient has not had a physical • If the patient does not respond to topically examination, or has any history of administered agents within sixty days, he congestive heart failure, bradycardia, heart must be referred to an ophthalmologist. block, asthma, or chronic obstructive pulmonary disease, he must be referred to a physician for examination prior to initiating beta blocker therapy. CONTINUING EDUCATION CONTINUING EDUCATION A. Number of Hours- 36 per biennium. Records shall be maintained by the doctor for three years following the course. No age . Up to ten hours may be through media limit. B. Effective January 1, 2006, of the thirty-six (36) sources, but must be COPE required hours, a minimum of 18 hours per approved, this includes journals, CD- biennium is required for pharmacology and pathology as related to ophthalmologic conditions. ROM, and internet sources. CONTINUING EDUCATION CONTINUING EDUCATION 1. Courses sponsored by the AOA, GOA, . No more than ten hours may be practice Regional Affiliates of the AOA, the Society of management and must be related to patient Professional Optometrists of Georgia, COPE, care.
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