65-1501. Practice of optometry defined; exclusions; standard of care in diagnosis and treatment of glaucoma; low vision rehabilitation services.

65-1501

Chapter 65.--PUBLIC HEALTH
Article 15.--REGULATION OF OPTOMETRISTS

      65-1501.   Practice of optometry defined; exclusions;standard of care in diagnosis and treatment of glaucoma; low visionrehabilitation services.(a) The practice of optometry means:

      (1)   The examination of the human eye and its adnexae and theemployment of objective or subjective means or methods (including theadministering, prescribing or dispensing, of topical pharmaceutical drugs)for thepurpose of diagnosing the refractive, muscular, or pathological conditionthereof;

      (2)   the prescribing or adapting of lenses (including any ophthalmiclenses which are classified as drugs by any law of the United States or ofthis state), prisms, low vision rehabilitation services, orthopticexercises and visual training therapy forthe relief of any insufficiencies or abnormal conditions of the human eyeand its adnexae; and

      (3)   except as otherwise limited by this section, the prescribing,administering or dispensing of topical pharmaceutical drugs and oraldrugs for theexamination, diagnosis and treatment of any insufficiencies or abnormalconditions of the human eye andits adnexae.

      (b)   The practice of optometry shall not include: (1) The management andtreatment of glaucoma, except as provided in subsection (d); (2) theperformance of surgery, including the use of lasers for surgical purposes,except thattherapeutic licensees may remove superficial foreign bodies from the corneaand the conjunctiva; (3) the use of topical pharmaceutical drugsby a person licensed to practiceoptometry unless such person successfully meets therequirements of a diagnosticlicensee or a therapeutic licensee; and (4) the prescribing, administering anddispensing of oral drugs for ocular conditions by a person licensed to practiceoptometry unless such person successfully meets the requirements of atherapeutic licensee, except that such therapeutic licensee may prescribe oradminister oral steroids or oral antiglaucoma drugs for ocular conditionsfollowing consultation with an ophthalmologist, which consultation shall benoted in writing in the patient's file. No optometrist may prescribe oradminister oral drugs to persons less than six years of age.

      (c)   A therapeutic licensee certified to treat adultopen-angle glaucoma asprovided herein shall be held to a standard of care in the use of suchagents in diagnosis and treatment commensurate to that of a person licensedto practice medicine and surgery, who exercises that degree of skill andproficiency commonly exercised by an ordinary, skillful, careful andprudent person licensed to practice medicine and surgery.

      (d)   An optometrist may prescribe, administer and dispense topicalpharmaceutical drugs and oral drugs for the treatment of adultopen-angle glaucoma onlyfollowing glaucoma licensure as provided in subsection (l) of K.S.A. 65-1501aand amendments thereto. After the initial diagnosis of adult open-angleglaucoma, by an optometrist during the co-management period described insubsection (s) of K.S.A. 65-1501a and amendments thereto, the patient shall benotified that the diagnosis must be confirmed by an ophthalmologist and thatany subsequent treatment requires a written co-management plan with anophthalmologist of the patient's choice.

      (e)   Under the direction and supervision of a therapeutic licensee, alicensed professional nurse, licensed practical nurse,licensed physicaltherapist and licensed occupational therapist mayassist in the provision oflow vision rehabilitation services in addition to such other services whichsuch licensed professional nurse, licensed practical nurse,licensed physicaltherapist and licensed occupational therapist isauthorized by law to provideunder subsection (d) of K.S.A. 65-1113, subsection (h) of K.S.A. 65-1124,subsection (b) of K.S.A. 65-2901 and subsection (b) of K.S.A. 65-5402, andamendments thereto.

      History:   L. 1923, ch. 220, § 1;R.S. 1923, 65-1501;L. 1977, ch. 216, § 1;L. 1987, ch. 235, § 1;L. 1996, ch. 95, § 1;L. 1999, ch. 23, § 1;L. 2002, ch. 203, § 16;L. 2003, ch. 128, § 22; Apr. 1, 2004.