Download Zipped Amended WP 8.0 SB0048.ZIP 21,938 Bytes
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 48
1
OPTOMETRY LICENSING ACT AMENDMENTS
2
2000 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: L. Alma Mansell
5
AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; IMPOSING DISCLOSURE
6
REQUIREMENTS ON HEALTH INSURERS WHO OFFER VISION BENEFITS; INCLUDING
7
OPTOMETRISTS IN THE LIST OF HEALTH CARE PROVIDERS COVERED BY HEALTH
8
INSURANCE AND THE GOOD SAMARITAN ACT; PERMITTING A CONTACT LENS
9
PRESCRIPTION TO BE GIVEN VERBALLY AND SPECIFYING THE COMPONENTS OF
10
SUCH A PRESCRIPTION; ESTABLISHING A GENERAL EXEMPTION FROM LICENSURE
11
FOR CONTACT LENS SELLERS AND THE MANNER FOR FILLING PRESCRIPTIONS
12
BASED ON NOTIFICATION; CLARIFYING THE EXEMPTION FOR PERSONS WHO FIT
13
CONTACT LENSES; REQUIRING AN OPTOMETRIST TO PROVIDE PRESCRIPTION
14
CONTACT LENS TO A PATIENT AND A SELLER OF CONTACT LENSES; LIMITING THE
15
LIABILITY OF AN OPTOMETRIST FOR PROVIDING A PRESCRIPTION; AND MAKING
16
TECHNICAL AND CONFORMING AMENDMENTS.
17
This act affects sections of Utah Code Annotated 1953 as follows:
18
AMENDS:
19
31A-22-613, as last amended by Chapter 38, Laws of Utah 1996
20
58-13-2, as last amended by Chapter 288, Laws of Utah 1998
21
58-13-3, as last amended by Chapter 288, Laws of Utah 1998
22
58-16a-102, as last amended by Chapter 13, Laws of Utah 1997
23
58-16a-305, as renumbered and amended by Chapter 13, Laws of Utah 1997
24
58-16a-306, as enacted by Chapter 13, Laws of Utah 1997
25
58-16a-501, as enacted by Chapter 13, Laws of Utah 1997
26
58-16a-502, as enacted by Chapter 13, Laws of Utah 1997
27
58-16a-503, as renumbered and amended by Chapter 13, Laws of Utah 1997
28
58-16a-601, as renumbered and amended by Chapter 13, Laws of Utah 1997
29
58-17a-305, as enacted by Chapter 247, Laws of Utah 1996
30
ENACTS:
31
58-16a-801, Utah Code Annotated 1953
32
Be it enacted by the Legislature of the state of Utah:
33
Section 1.
Section
31A-22-613
is amended to read:
34
31A-22-613. Permitted provisions for disability insurance policies.
35
The following provisions may be contained in a disability insurance policy, but if they are
36
in that policy, they shall conform to at least the following minimum requirements for the
37
policyholder:
38
(1) Any provision respecting change of occupation may provide only for a lower maximum
39
benefit payment and for reduction of loss payments proportionate to the change in appropriate
40
premium rates, if the change is to a higher rated occupation, and this provision shall provide for
41
retroactive reduction of premium rates from the date of change of occupation or the last policy
42
anniversary date, whichever is the more recent, if the change is to a lower rated occupation.
43
(2) Section
31A-22-405
applies to misstatement of age in disability policies, with the
44
appropriate modifications of terminology.
45
(3) Any policy which contains a provision establishing, as an age limit or otherwise, a date
46
after which the coverage provided by the policy is not effective, and if that date falls within a
47
period for which a premium is accepted by the insurer or if the insurer accepts a premium after that
48
date, the coverage provided by the policy continues in force, subject to any right of cancellation,
49
until the end of the period for which the premium was accepted. This Subsection (3) does not
50
apply if the acceptance of premium would not have occurred but for a misstatement of age by the
51
insured.
52
(4) Any provision dealing with preexisting conditions shall be consistent with Subsections
53
31A-22-605
(9)(a) and
31A-22-609
(2), and any applicable rule adopted by the commissioner.
54
(5) (a) If an insured is otherwise eligible for maternity benefits, a policy may not contain
55
language which requires an insured to obtain any additional preauthorization or preapproval for
56
customary and reasonable maternity care expenses or for the delivery of the child after an initial
57
preauthorization or preapproval has been obtained from the insurer for prenatal care. A
58
requirement for notice of admission for delivery is not a requirement for preauthorization or
59
preapproval, however, the maternity benefit may not be denied or diminished for failure to provide
60
admission notice. The policy may not require the provision of admission notice by only the
61
insured patient.
62
(b) This Subsection (5) does not prohibit an insurer from:
63
(i) requiring a referral before maternity care can be obtained;
64
(ii) specifying a group of providers or a particular location from which an insured is
65
required to obtain maternity care; or
66
(iii) limiting reimbursement for maternity expenses and benefits in accordance with the
67
terms and conditions of the insurance contract so long as such terms do not conflict with
68
Subsection (5)(a).
69
(6) An insurer may only represent that a policy:
70
(a) offers a vision benefit if the policy:
71
(i) charges a premium for the benefit; and
72
(ii) provides reimbursement for materials or services provided under the policy; and
73
(b) covers laser vision correction, whether photorefractive keratectomy, laser assisted
74
in-situ keratomelusis, or related procedure, if the policy:
75
(i) charges a premium for the benefit; and
76
(ii) the procedure is at least a partially covered benefit.
77
Section 2.
Section
58-13-2
is amended to read:
78
58-13-2. Emergency care rendered by licensee.
79
A person licensed under Title 58, Occupations and Professions, to practice as any of the
80
following health care professionals, who is under no legal duty to respond, and who in good faith
81
renders emergency care at the scene of an emergency gratuitously and in good faith, is not liable
82
for any civil damages as a result of any acts or omissions by the person in rendering the emergency
83
care:
84
(1) osteopathic physician;
85
(2) physician and surgeon;
86
(3) naturopath;
87
(4) dentist or dental hygienist;
88
(5) chiropractic physician;
89
(6) physician assistant; [or]
90
(7) optometrist; or
91
[(7)] (8) nurse licensed under Section
58-31b-301
.
92
Section 3.
Section
58-13-3
is amended to read:
93
58-13-3. Qualified immunity -- Health professionals -- Charity care.
94
(1) (a) The Legislature finds many residents of this state do not receive medical care and
95
preventive health care because they lack health insurance or because of financial difficulties or
96
cost. The Legislature also finds that many physicians, charity health care facilities, and other
97
health care professionals in this state would be willing to volunteer medical and allied services
98
without compensation if they were not subject to the high exposure of liability connected with
99
providing these services.
100
(b) The Legislature therefore declares that its intention in enacting this section is to
101
encourage the provision of uncompensated volunteer health care in charity care settings in
102
exchange for a limitation on liability for the health care facilities and health care professionals who
103
provide those volunteer services.
104
(2) As used in this section:
105
(a) "Health care facility" means any clinic or hospital, church, or organization whose
106
primary purpose is to sponsor, promote, or organize uncompensated health care services for people
107
unable to pay for health care services.
108
(b) "Health care professional" means individuals licensed under Title 58, Occupations and
109
Professions, as physicians and surgeons, osteopaths, podiatrists, optometrists, chiropractors,
110
dentists, dental hygienists, registered nurses, certified nurse midwives, and other nurses licensed
111
under Section
58-31b-301
.
112
(c) "Remuneration or compensation":
113
(i) (A) means direct or indirect receipt of any payment by the physician and surgeon, health
114
care facility, other health care professional, or organization, on behalf of the patient, including
115
payment or reimbursement under medicare or medicaid, or under the state program for the
116
medically indigent on behalf of the patient; and
117
(B) compensation, salary, or reimbursement to the health care professional from any source
118
for the health care professional's services or time in volunteering to provide uncompensated health
119
care; and
120
(ii) does not mean any grant or donation to the health care facility used to offset direct
121
costs associated with providing the uncompensated health care such as medical supplies or drugs.
122
(3) A health care professional who provides health care treatment at a health care facility
123
is not liable in a medical malpractice action if:
124
(a) the treatment was within the scope of the health care professional's license under this
125
title;
126
(b) neither the health care professional nor the health care facility received compensation
127
or remuneration for the treatment;
128
(c) the acts or omissions of the health care professional were not grossly negligent or
129
willful and wanton; and
130
(d) prior to rendering services, the health care professional disclosed in writing to the
131
patient, or if a minor, to the patient's parent or legal guardian, that the health care professional is
132
providing the services without receiving remuneration or compensation and that in exchange for
133
receiving uncompensated health care, the patient consents to waive any right to sue for
134
professional negligence except for acts or omissions which are grossly negligent or are willful and
135
wanton.
136
(4) A health care facility which sponsors, promotes, or organizes the uncompensated care
137
is not liable in a medical malpractice action for acts and omissions if:
138
(a) the health care facility meets the requirements in Subsection (3)(b);
139
(b) the acts and omissions of the health care facility were not grossly negligent or willful
140
and wanton; and
141
(c) the health care facility has posted, in a conspicuous place, a notice that in accordance
142
with this section the health care facility is not liable for any civil damages for acts or omissions
143
except for those acts or omissions that are grossly negligent or are willful and wanton.
144
(5) Immunity from liability under this section does not extend to the use of general
145
anesthesia or care that requires an overnight stay in a general acute or specialty hospital licensed
146
under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
147
Section 4.
Section
58-16a-102
is amended to read:
148
58-16a-102. Definitions.
149
In addition to the definitions in Section
58-1-102
, as used in this chapter:
150
(1) "Board" means the Optometrist Licensing Board created in Section
58-16a-201
.
151
(2) "Contact lens" means any lens that:
152
(a) has a spherical, cylindrical, or prismatic power or curvature;
153
(b) is made pursuant to a current prescription; and
154
(c) is intended to be worn on the surface of the eye.
155
(3) (a) "Contact lens prescription" means a written or verbal order for contact lenses that
156
includes:
157
[(a)] (i) the commencement date [written] of the prescription;
158
[(b)] (ii) the base curve, power, diameter, material or brand name, and expiration date;
159
[(c) the quantity of lenses if other than one per eye; and]
160
[(d) the signature of the licensed optometrist or physician prescribing the contact lenses.]
161
(iii) for a written order, the signature of the prescribing optometrist or physician; and
162
(iv) for a verbal order, a record maintained by the recipient of:
163
(A) the name of the prescribing optometrist or physician; and
164
(B) the date when the prescription was issued or ordered.
165
(b) A prescription may include:
166
(i) a limit on the quantity of lenses that may be ordered under the prescription if:
167
(A) the prescription is for more than one contact per eye; or
168
(B) required for medical reasons documented in the patient's files; and
169
(ii) the expiration date of the prescription, which may not be less than one year from the
170
commencement date, unless documented medical reasons require continuous monitoring, nor more
171
than two years.
172
(c) A prescription shall be valid for two years if the prescription does not include an
173
expiration date.
174
(4) "Contact lens prescription verification" means a written request from a person who
175
sells contact lenses that:
176
(a) is sent to the prescribing optometrist or physician; and
177
(b) seeks the confirmation of the accuracy of a patient's prescription.
178
[(4)] (5) "Eye and its adnexa" means the human eye and all structures situated within the
179
orbit, including the conjunctiva, lids, lashes, and lacrimal system.
180
[(5)] (6) "Fitting of a contact lens" means:
181
(a) the using of a keratometer to measure the human eye;
182
(b) utilizing refractive data provided by a licensed optometrist or ophthalmologist; and
183
(c) trial fitting of contact lenses, which includes a period of time for evaluation for fit and
184
performance, to determine a tentative contact lens prescription for a patient if the patient:
185
(i) has not worn contact lenses before; or
186
(ii) has changed to a different type or base curve.
187
[(6)] (7) "Laser surgery" means surgery in which human tissue is cut, burned, or vaporized
188
by means of laser or ionizing radiation.
189
[(7)] (8) "Ophthalmic lens" means any lens used to treat the eye and that:
190
(a) has a spherical, cylindrical, or prismatic power;
191
(b) is made pursuant to an unexpired prescription; and
192
(c) is intended to be used in eyeglasses or spectacles.
193
[(8)] (9) "Optometric assistant" means an unlicensed individual:
194
(a) working under the direct and immediate supervision of a licensed optometrist; and
195
(b) engaged in specific tasks assigned by the licensed optometrist in accordance with the
196
standards and ethics of the profession.
197
[(9)] (10) "Optometrist" or "optometric physician" means an individual licensed under this
198
chapter.
199
[(10)] (11) "Optometry" and "practice of optometry" mean any one or any combination of
200
the following practices:
201
(a) examination of the human eye and its adnexa to detect and diagnose defects or
202
abnormal conditions;
203
(b) determination or modification of the accommodative or refractive state of the human
204
eye or its range or power of vision by administration and prescription of pharmaceutical agents or
205
the use of diagnostic instruments;
206
(c) prescription, ordering, administration, or adaptation of ophthalmic lenses, contact
207
lenses, ophthalmic devices, pharmaceutical agents, laboratory tests, or ocular exercises to diagnose
208
and treat diseases, defects, or other abnormal conditions of the human eye and its adnexa; [or]
209
(d) display of any advertisement, circular, sign, or device offering to:
210
(i) examine the eyes;
211
(ii) fit glasses or contact lenses; or
212
(iii) adjust frames; [or]
213
[(iv) duplicate, replace, or accept for duplication or replacement any ophthalmic lens or
214
contact lens;]
215
(e) removal of a foreign body from the eye or its adnexa, that is not deeper than the
216
anterior [one-half] 1/2 of the cornea;
217
(f) consultation regarding the eye and its adnexa with other appropriate health care
218
providers, including referral to other appropriate health care providers; and
219
(g) a person, not licensed as an optometrist, directing a licensee under this chapter to
220
withhold or alter the eye care services the licensee has ordered.
221
[(11)] (12) "Pharmaceutical agent" means any diagnostic or therapeutic drug or
222
combination of drugs that has the property of assisting in the diagnosis, prevention, treatment, or
223
mitigation of abnormal conditions or symptoms of the eye and its adnexa.
224
[(12)] (13) "Prescription drug" has the same definition as in Section
58-17a-102
.
225
[(13)] (14) "Unexpired" means a prescription that was issued:
226
(a) not more than two years prior to presentation of the prescription for an ophthalmic lens
227
[or lenses]; or
228
(b) in accordance with Subsection (3)(a)(iii) for a contact lens.
229
Section 5.
Section
58-16a-305
is amended to read:
230
58-16a-305. License -- Exemptions.
231
In addition to the exemptions from licensure in Section
58-1-307
, the following persons
232
may engage in acts included in the definition of the practice of optometry subject to the stated
233
circumstances and limitations without being licensed under this chapter:
234
(1) a person who sells [eyeglasses] contact lenses on prescription provided by a person
235
authorized under state law to practice either optometry or medicine and surgery if the person
236
complies with Section
58-16a-801
;
237
(2) a person who sells eyeglasses or spectacles as articles of merchandise or who fabricates
238
them from a prescription if the person:
239
(a) [he] does so in the ordinary course of trade from a permanently located and established
240
place of business;
241
(b) [he] does not traffic or attempt to traffic upon assumed skill in testing the eye and
242
adapting lenses according to the test;
243
(c) [he] does not duplicate, replace, or accept for replacement any ophthalmic lens [or
244
lenses], except in the case of an emergency[, unless he is an exclusive wholesale optical
245
establishment];
246
(d) [he] does not use in the testing of the eyes any lenses or instruments other than the
247
lenses actually sold; and
248
(e) [he] does not give or offer eyeglasses or spectacles as premiums as defined in Section
249
13-26-2
; and
250
(3) a person who [sells] fits contact lenses under the following conditions:
251
(a) he has a current certification from both the American Board of Opticianry and the
252
National Contact Lens Examiners;
253
(b) he does not give or offer contact lenses as premiums;
254
(c) he does not perform a refraction, over-refraction, or attempt to traffic upon assumed
255
skill in testing the eye;
256
(d) he operates in the ordinary course of trade from a permanently located and established
257
place of business;
258
(e) he performs the work involved in fitting contact lenses himself and does not delegate
259
the contact lens fitting to any other individual who is not qualified under this Subsection (3);
260
(f) he does not use in the testing of the eye any lenses or instruments other than the lenses
261
he actually will sell;
262
[(f)] (g) he provides services only to a patient who:
263
(i) presents an unexpired contact lens prescription; or
264
(ii) has had an eye examination within the prior six months by an optometrist or
265
ophthalmologist meeting the requirements under Section
58-16a-306
; [and]
266
[(g)] (h) he maintains a copy of the patient's contact lens prescription for not less than
267
seven years[.];
268
(i) he enters into a written agreement with an optometrist or an ophthalmologist before
269
July 1, 2000, to fit contact lenses prescribed by that optometrist or ophthalmologist;
270
(j) he fits contact lenses for at least two years under the direct supervision of the
271
optometrist or ophthalmologist identified in Subsection (3)(i) before July 1, 2000, as documented
272
in the written agreement; and
273
(k) the optometrist or ophthalmologist described in Subsection (3)(i):
274
(i) ensures that the final contact lens is accurate;
275
(ii) presents a written copy of the prescription to the person fitting the contact lens; and
276
(iii) ensures that a copy of the prescription is provided to the patient, except as provided
277
in Section
58-16a-306
.
278
Section 6.
Section
58-16a-306
is amended to read:
279
58-16a-306. Contact lens prescription -- Qualifications.
280
(1) An optometrist or ophthalmologist issuing a contact lens prescription [that may be
281
filled by a person fitting contact lenses under Subsection
58-16a-305
(3)] shall:
282
[(1)] (a) be licensed under this title to practice in Utah;
283
[(2) have a current written agreement with the person fitting the contact lenses to fit the
284
contact lenses to be prescribed by that particular optometrist or ophthalmologist;]
285
[(3) be an optometrist or ophthalmologist for whom the person fitting the contact lenses
286
has performed not less than two years of contact lens apprenticeship which apprenticeship shall
287
be noted in the written agreement; and]
288
[(4)] (b) ensure the final contact lens prescription is accurate [and shall];
289
(c) present a written copy of the prescription to the [person fitting the contact lens under
290
Subsection
58-16a-305
(3).] patient after fitting unless:
291
(i) there are unpaid fees associated with the examination or treatment; or
292
(ii) providing a copy is not in the best medical interests of the patient in the professional
293
judgement of the prescribing optometrist or physician; and
294
(d) provide a copy of the patient's contact lens prescription to a person who sells contact
295
lenses upon the request of the patient or the person selling the contact lenses.
296
(2) An optometrist or physician may not be held liable as a result of providing a
297
prescription to a patient as required by Subsection (1).
298
Section 7.
Section
58-16a-501
is amended to read:
299
58-16a-501. Unlawful conduct.
300
"Unlawful conduct" includes, in addition to the definition in Section
58-1-501
:
301
(1) buying, selling, or fraudulently obtaining, any optometry diploma, license, certificate,
302
or registration;
303
(2) aiding or abetting the buying, selling, or fraudulently obtaining, of any optometry
304
diploma, license, certificate, or registration;
305
(3) selling contact lenses [without having received a written unexpired prescription] in a
306
manner inconsistent with Section
58-16a-801
or intentionally altering a prescription unless the
307
person selling the lenses is a licensed optometrist or ophthalmologist[, or an individual exempt
308
from licensure under Subsection
58-16a-305
(3)]; or
309
(4) representing oneself as or using the title of "optometrist," "optometric physician,"
310
"doctor of optometry," or "O.D.," unless currently licensed [or exempted from licensure] under this
311
chapter.
312
Section 8.
Section
58-16a-502
is amended to read:
313
58-16a-502. Unprofessional conduct.
314
"Unprofessional conduct" includes, in addition to the definition in Section
58-1-501
:
315
(1) using or employing the services of an optometric assistant to assist a licensee in any
316
manner not in accordance with:
317
(a) the generally recognized practices and standards of ethics of the profession; or
318
(b) applicable state law or division rule;
319
(2) failure to refer a patient to an appropriate licensed practitioner when:
320
(a) the patient's condition does not respond to treatment; or
321
(b) the treatment is not within the scope of competence or licensure of the licensee;
322
(3) providing confidential information regarding a patient to any third party who does not
323
have a legal and professional ground for obtaining the information;
324
(4) knowingly prescribing, selling, giving away, or administering any prescription drug
325
except for a legitimate medical purpose and upon a proper diagnosis indicating the use of the drug
326
in the amount prescribed or provided;
327
(5) giving or receiving directly or indirectly any fee, commission, rebate, or other
328
compensation for professional services not actually and personally rendered, except as part of a
329
legal relationship within a lawful professional partnership, corporation, or association; [or]
330
(6) failure to transfer pertinent and necessary information from a patient's medical records
331
to another optometrist or physician when so requested by the patient or his representative, as
332
designated in writing[.]; or
333
(7) failure to provide a contact lens prescription to a person who sells contact lenses in
334
accordance with Section
58-16a-306
.
335
Section 9.
Section
58-16a-503
is amended to read:
336
58-16a-503. Penalty for unlawful conduct.
337
[Any] (1) Except as provided in Subsection (2), any person who violates the unlawful
338
conduct provision defined in Section
58-16a-501
or Subsection
58-1-501
(1)(a) or (1)(c) is guilty
339
of a third degree felony.
340
(2) A person who violates Subsection
58-16a-501
(3) is guilty of a class C misdemeanor.
341
Section 10.
Section
58-16a-601
is amended to read:
342
58-16a-601. Scope of practice.
343
(1) An optometrist may:
344
(a) provide any optometric services not specifically prohibited under this chapter or
345
division rules and that are within the optometrist's training, skills, and scope of competence; and
346
(b) prescribe or administer any pharmaceutical agent for the eye and its adnexa, including
347
all oral pharmaceutical agents S [
[
, ] except that :(i) the oral antibiotics may only be prescribed
347a
for: [
]
.
]
348
(A) [
[
] (i) eyelid-related ocular conditions or diseases; and [
]
]
349
(B) [
[ ] (ii) any other ocular disease or condition as specified by division rule. [
]
]
; AND
349a
(ii) SCHEDULE III CONTROLLED SUBSTANCES MAY ONLY BE PRESCRIBED
h
[TO BE
349a1
TAKEN
349b
ORALLY]
OR ADMINISTERED
h h
TO BE TAKEN ORALLY OR TOPICALLY
h
FOR PAIN OF THE EYE
349b2
OR ADNEXA IN A QUANTITY NOT TO
349b1
EXCEED 72 HOURS IN
349c
DURATION AND WHICH MAY NOT BE REFILLED.
s
350
(2) An optometrist may not:
351
(a) perform surgery, including laser surgery; or
352
(b) prescribe or administer any Schedule II [or Schedule III] controlled substance as
353
defined in Title 58, Chapter 37, Controlled Substances.
354
(3) An optometrist is a health care provider for purposes of Sections
31A-22-617
and
355
31A-22-618
.
356
Section 11.
Section
58-16a-801
is enacted to read:
357
Part 8. Contact Lens Seller
358
58-16a-801. Contact lens seller.
359
(1) A person may sell contact lenses if the person:
360
(a) does so in the ordinary course of trade from a permanently located and established
361
place of business;
362
(b) does not perform refractions, over-refractions, or attempts to traffic upon assumed skill
363
in testing the eye;
364
(c) does not offer or give contact lenses as premiums, as defined in Section
13-26-2
;
365
(d) does not fit contact lenses;
366
(e) provides a contact lens to a patient after:
367
(i) receiving an unexpired verbal or written prescription; or
368
(ii) sending a contact lens prescription verification to the prescribing optometrist or
369
physician, regardless of whether the prescribing optometrist or physician responds to or confirms
370
the verification, provided that:
371
(A) the person has all of the information necessary to fill the prescription;
372
(B) the prescribing optometrist or physician has not informed the person that the
373
prescription has expired or is otherwise inaccurate prior to the person shipping or hand-delivering
374
the contact lens to the patient;
375
(C) the person confirms a valid, unexpired contact lens prescription for the patient if the
376
person is aware that the patient provided inaccurate prescription information in his last order; and
377
(D) the person informs the patient that the prescription has expired or that there is a
378
medical problem associated with the prescription if the information is communicated by the
379
prescribing optometrist or physician to the person within 72 hours of the contact lens
379a
S
PRESCRIPTION
s verification
380
being sent; and
381
(f) maintains patient information, including the method and date of any prescription
382
verification, for no less than seven years.
383
(2) Nothing in this section may be construed as requiring a person to be licensed or
384
certified in any way under this or any another chapter of this title to sell contact lenses in
385
accordance with Subsection (1).
386
Section 12.
Section
58-17a-305
is amended to read:
387
58-17a-305. Exemptions from licensure.
388
In addition to the exemptions from licensure in Section
58-1-307
[,]:
389
(1) an individual who has completed all qualifications for licensure as a pharmacy
390
technician, except an experience requirement which may be established by rule under Subsection
391
58-17a-302
(4), may practice under the direct personal supervision of a pharmacist while
392
completing that requirement for a period not to exceed six consecutive months without being
393
licensed under this chapter[.]; and
394
(2) a person may sell contact lenses in accordance with Section
58-16a-801
without being
395
licensed under this chapter.
Legislative Review Note
as of 1-24-00 3:33 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.