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Announcements

Amendments/Changes to Fairness to Contact Lens Consumers Act

The FTC published a new/amended rule(s) to the Fairness to Contact Lens Consumers Act that further explains the expiration date of contact lens prescriptions and a practitioners responsibility to manage and follow the new rule.

Original Act:  https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-c...

New Rule effective October 16, 2020: https://www.ftc.gov/tips-advice/business-center/guidance/contact-lens-ru...

Text of bill for the new rule:  https://www.congress.gov/bill/116th-congress/senate-bill/4613/text

A summary of changes:

Electronic Code of Federal Regulations
We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. We have made big changes to make the eCFR easier to use. Be sure to leave feedback using the Help button on the bottom right of each page!
e-CFR data is current as of October 6, 2020

Amendment

16 CFR--PART 315
View Printed Federal Register page 85 FR 50717 in PDF format.
Amendment(s) published August 17, 2020, in 85 FR 50717
Effective Dates: Oct. 16, 2020

4. Amend §315.5 by:
a. Redesignating paragraphs (d), (e), (f), and (g) as paragraphs (e), (f), (h), and (i), respectively;
b. Adding new paragraph (d);
c. Revising newly redesignated paragraph (f);
d. Adding new paragraph (g);
e. Adding new paragraph (h)(2)(iii);
f. Revising newly redesignated paragraph (i).

The additions and revisions read as follows:
§315.5   Prescriber verification.
*   *   *   *   *
(d) Automated telephone verification messages. If a seller verifies prescriptions through calls that use, in whole or in part, an automated message, the seller must:
(1) Record the entire call;
(2) Commence the call by identifying it as a request for prescription verification made in accordance with the Contact Lens Rule;
(3) Deliver the information required by paragraph (b) of this section in a slow and deliberate manner and at a reasonably understandable volume; and
(4) Make the information required by paragraph (b) of this section repeatable at the prescriber's option.

*   *   *   *   *
(f) No alteration of prescription. A seller may not alter a contact lens prescription. In the context of prescription verification, alteration includes, but is not limited to, providing the prescriber with the name of a manufacturer or brand other than that specified by the patient's prescription, unless such name is provided because the patient entered or orally provided it when asked for the manufacturer or brand listed on the patient's prescription. Notwithstanding the preceding sentences, for private label contact lenses, a seller may substitute for contact lenses specified on a prescription identical contact lenses that the same company manufactures and sells under different labels.

(g) Seller requirement to accept prescription presentation: A seller shall provide a prominent method, and a clear and prominent disclosure of that method, for the patient to present the seller with a copy of the patient's prescription. Such method and the disclosure shall be provided prior to requesting a prescriber's contact information for verification of the prescription; provided, however, in the case of an order placed by telephone, a seller shall comply by providing a disclosure of the method prior to requesting a prescriber's contact information for verification of the prescription. The method to present the prescription shall be provided through (i) the same medium by which the order is placed, or (ii) electronic mail, text message, or file upload.

(h) *  *  *

(2) *  *  *

(iii) If the communication occurs via telephone and uses an automated message, the complete recording required pursuant to paragraph (d)(1) of this section.

*   *   *   *   *
(i) Recordkeeping requirement—Saturday business hours. A seller that exercises its option to include a prescriber's regular Saturday business hours in the time period for a request for a copy of the prescription specified in §315.3(a)(3) or for verification specified in paragraph (c)(3) of this section shall maintain a record of the prescriber's regular Saturday business hours and the basis for the seller's actual knowledge thereof. Such records shall be maintained for a period of not less than three years, and these records must be available for inspection by the Federal Trade Commission, its employees, and its representatives.

OPIOID CE REQUIRED FOR LICENSURE RENEWAL (FOR DEA LICENSE HOLDERS ONLY)

ATTENTION CURRENT LICENSEES (reposted 11/15/18)

SB1001 was passed during a special session of the Legislature called by Gov. Ducey this past January. The Bill requires all health care professionals who are authorized to prescribe controlled substances AND WHO HOLD A CURRENT/ACTIVE DEA LICENSE to complete a minimum of three (3) hours of opioid related continuing education each license renewal cycle. (Those licensees who do not have a DEA license DO NOT need to meet this requirement.)
 

The new law is effective April 26, 2018; the law also applies to any person in a medical degree program that will eventually permit them to obtain a DEA number and prescribe controlled substances, so there may be a change to the current curriculum for students in the Optometry Program at Midwestern University in order to meet the provisions of the law. 


Currently, The Arizona State Board of Optometry is amending rules to comply with this new law; rules are expected to be approved December 4, 2018.

eLicensing is here!

Current licensees:  Please check your e-mail for a letter and instructions on how to log in to the system. Your user name is your e-mail address.  

If the Board does not have an e-mail address or the address is incorrect, you will receive a letter via regular mail or you may contact the Board and update your e-mail address.  

New applicants, please use the system to create and pay for your application for licensure.

Governor's Regulation Rollback Initiative

FROM:           Governor Doug Ducey

TO:                 REGULATED COMMUNITY & STAKEHOLDERS

“Regulation Rollback” is a strategic step in our state’s ongoing work to make Arizona the best state in the nation for businesses and consumers alike.

We’ve made great progress in growing our economy and streamlining state government over the past two years. We still have a lot of work to do to make sure outdated regulations aren’t slowing us down.

No longer will regulations remain in place “just because they’re on the books and nobody’s bothered to change them.”

“Regulation Rollback” is offering a new online service to crowd source recommendations on how to update Arizona’s regulatory system.

At Redtape.AZ.gov, associations, organizations, and individuals across the state can recommend ways to improve or eliminate outdated regulations.

We need your help.Visit this portal for your opportunity to provide specific input to the Governor’s office on an outdated rule or regulation that stifles Arizona’s consumers and job creators.

Submit your suggestions here: www.Redtape.AZ.gov

We thank you for your help in highlighting ways to improve state government and to better serve Arizonans.

Major scope expansion! HB 2380 signed by Governor Brewer on April 30, 2014

Governor Brewer signed into law HB 2380, which expands the scope of practice for optometrists in Arizona. 

 

When the law goes into effect on July 24, 2014, optometrists holding the Pharmaceutical Agent certificate will now be able to prescribe oral medications for the treatment of angle-closure glaucoma, including carbonic anhydrase inhibitors, as well as oral steroids.

 

The requirement for referral/consultation with the primary care physician or other specialist has been removed from the language. 

 

Please see the chaptered version of the amended law at http://www.azleg.gov/legtext/51leg/2r/laws/0262.pdf

Amendment to A.R.S. §41-1080

In the 1st regular session of the fiftieth legislature (2011)- An amendment to A.R.S. §41-1080 constitutes that the Citizenship Verification Form (CVF) with documentation is now required for initial licensure only. Once you have submitted the CVF with proper documentation to the Board, it will not be necessary to resubmit at renewal unless you are not a permanent resident of the United States and your citizenship status/documents expire.

Latisse

(formerly Lumigan) is a drug that received FDA approval in 2008 as a treatment for hypotrichosis of the eyelashes, the condition of having inadequate or not enough eyelashes, and is marketed for both therapeutic and cosmetic purposes. 
Arizona therapeutically certified optometrists may prescribe a pharmaceutical agent for the treatment of an abnormal condition of the visual system but not for cosmetic purposes. Therefore, while “hypotrichosis” is a relative term, a licensed optometrist who holds a therapeutic pharmaceutical agents (PA) certificate may prescribe Latisse for a diagnosed condition of hypotrichosis supported by proper documentation in the patient’s record. Doctors holding only a DPA or TPA certificate may NOT prescribe Latisse.

License Renewals

The Board processes all license renewals within 24-48 hours from the date of receipt. If it has been longer than one week since you renewed and you have not received your renewed license in the mail, please contact the Board.

Do you know about the voluntary Department of Transportation reporting law?

Pursuant to A.R.S. §28-3005, optometrists may voluntarily report a patient (to the Department of Motor Vehicles) who has a medical condition that, in the opinion of the optometrist, could significantly impair the person's ability to safely operate a motor vehicle. The law also states that the optometrist providing the information to the director in good faith is immune from personal liability with respect to the information being provided.
 
Full text of statute
 
Physician's Reporting Form
 

Prescription Disclaimers

Please be aware that pursuant to 16 C.F.R. §456.2(d), it is an unfair act or practice for an ophthalmologist or optometrist to place on the prescription, or require the patient to sign, or deliver to the patient a form or notice waiving or disclaiming the liability or responsibility of the ophthalmologist or optometrist for the accuracy of the eye examination or the accuracy of the ophthalmic goods and services dispensed by another seller.
 
In addition, under the Optometry Board’s statutes at A.R.S. §32-1743(12), the Board may discipline an optometrist for any violation of any statutes, laws or rules regulating the practice of optometry in this state or any other jurisdiction of the United States.

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Other Links

  • Arizona State Government
  • American Optometric Association
  • Association of Regulatory Board of Optometry
  • Council on Optometric Practitioner Education
  • Arizona Optometric Association

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5-year Strategic Plan

Governor's Office of Strategic Planning & Budgeting

FY19 AGENCY BUDGET

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Arizona State Board of Optometry
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Phoenix, AZ 85007
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