§ 32 §19101 — Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1.
ACCME.
"ACCME" means the Accreditation Council for Continuing Medical Education.
2.
ACOE.
"ACOE" means the Accreditation Council on Optometric Education, which is the accrediting body for professional optometric degree programs, optometric residency programs and optometric technician programs in the United States and Canada.
3.
Board.
"Board" means the State Board of Optometry.
4.
Commissioner.
"Commissioner" means the Commissioner of Professional and Financial Regulation.
5.
Contact lens.
"Contact lens" means any lens placed directly on the surface of the eye, regardless of whether it is intended to correct a visual defect. "Contact lens" includes, but is not limited to, cosmetic, therapeutic and corrective lenses.
6.
COPE.
"COPE" means the Council on Optometric Practitioner Education.
7.
Department.
"Department" means the Department of Professional and Financial Regulation.
8.
Dispense.
"Dispense" means the act of furnishing drug samples, spectacle lenses or contact lenses to a patient.
9.
Drug sample.
"Drug sample" means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug.
10.
Entrance visual acuity.
"Entrance visual acuity" means the corrected or uncorrected acuity presented by the patient prior to the actual eye examination of the patient.
11.
Eye examination.
"Eye examination" means an assessment of the ocular health and visual status of a patient that meets the minimum requirements of this chapter and that does not consist solely of objective refractive data or information generated by an automated testing device or computer application, including a kiosk or autorefractor, in order to establish a medical diagnosis or refractive error.
12.
Individual.
"Individual" means a natural person, not an association of individuals or a legally created entity.
13.
In person.
"In person" means, with regard to a visit between a licensee and a patient, that the licensee and the patient are physically in the same room.
14.
Kiosk.
"Kiosk" means automated equipment, or a computer application designed to be used on a telephone, computer or Internet-based device that can be used either in person or remotely to provide refractive data or information.
15.
License applicant.
"License applicant" means an individual who has applied for licensure to practice optometry in this State, but who has not yet been granted such licensure by the board.
16.
Licensee.
"Licensee" means an individual who holds a license under this chapter.
17.
National Board of Examiners in Optometry.
"National Board of Examiners in Optometry," or "NBEO," means an organization that develops, administers, scores and reports results of valid examinations that assess competence in optometry.
18.
Nonlegend agent.
"Nonlegend agent" means a pharmaceutical drug for which a prescription is not required.
19.
Ophthalmic lens.
"Ophthalmic lens" means:
20.
Optometrist.
"Optometrist" means an individual who is licensed to practice optometry in the State.
21.
Optometrist-patient relationship.
"Optometrist-patient relationship" means the relationship that begins when:
22.
Person.
"Person" means an individual, corporation, partnership, professional association or any other entity.
23.
Pharmaceutical agent.
"Pharmaceutical agent" means any diagnostic and therapeutic substance for use in the diagnosis, cure, treatment, management or prevention of ocular conditions and diseases, but does not include drugs administered exclusively by injection, except injections for the emergency treatment of anaphylactic shock.
24.
Practice of optometry.
"Practice of optometry" means one or a combination of the following practices:
25.
Provider.
"Provider" means an individual licensed as an optometrist under this chapter or an individual licensed as an osteopathic physician or medical doctor under chapter 36, 48 or 145 who has also completed a residency in ophthalmology.
26.
Successor licensee.
"Successor licensee" means a licensee with no fewer than 5 years of licensed optometry experience, who is willing and able to assume responsibility for a licensee's practice on a temporary or permanent basis when the licensee is unwilling or unable to practice optometry pursuant to this chapter.
27.
Therapeutic pharmaceutical.
"Therapeutic pharmaceutical" means a pharmaceutical agent required to diagnose, prevent, manage or treat abnormal ocular conditions or diseases.
28.
Treatment and management of ocular disease.
"Treatment and management of ocular disease" means the examination given by the National Board of Examiners in Optometry.

Legislative History

PL 2023, c. 580, §8 (NEW).