§ 63-8-102 — Chapter definitions

Tennessee § 63-8-102

• Jurisdiction: Tennessee
• Title: 63

Text

As used in this chapter unless the context otherwise requires: (1) "Board" means the board of optometry created by this chapter or similar boards created by the optometry law of other states; (2) "Certificate of fitness" means the certificate issued by the board certifying to the division that the person therein named has met the requirements of this chapter and passed the standard examination given by the board; (3) "Certificate of registration" means the certificate issued by the division of health related boards under chapter 1 of this title; (4) "Division" means the division of health related boards in the department of health; (5) "Itinerant certificate" means a certificate issued to an itinerant optometrist; (6) "Itinerant optometrist" means an optometrist who maintains an office at a location other than such optometrist's principal office; (7) "Muscular anomalies" means any deviation from the normal standard; (8) "Objective method" means examination for observing symptoms and/or signs with various instruments and techniques that the optometrist finds by means of one (1) or more of the optometrist's five (5) senses; an examination of the eye or eyes conducted by an optometrist, independent of the patient's statements; (9) "Ophthalmic materials" means any lens that has a spherical, cylindrical or prismatic power or value used before or upon the eye, any contact lens that has no prescription power and any frame or other appliance used for the purpose of holding or positioning any ophthalmic lenses before the eyes; (10) "Optometrist" means a person who is engaged in the practice of optometry as defined; (11) "Orthoptic training" means any ocular exercise for the correction or relief of abnormal muscles or functions of the eyes; (12) "Practice of optometry as a profession" means: (A) The employment of objective or subjective methods, either or both, for the purpose of ascertaining defects of vision or muscular anomalies or other abnormal conditions of the eyes; (B) The prescribing of ophthalmic lenses or prisms to remedy or relieve defects of vision or muscular anomalies and the prescribing of contact lenses, including those with prescription power and those without prescription power which are worn for cosmetic purposes; (C) The orthoptic training, the adjusting or fitting or adapting of lenses or prisms or eyeglasses or spectacles to remedy or relieve defects of vision or muscular anomalies; or (D) The supplying, replacement or duplication of an ophthalmic lens or frame; and (E) (i) One who is engaged in the practice of optometry as a profession as defined in this subdivision (12) and who has sufficient education and professional competence, as determined by the board, is authorized to examine, diagnose, manage and treat conditions and diseases of the eye and eyelid including: (a) The administration and prescribing of pharmaceutical agents rational to the diagnosis and treatment of conditions or diseases of the eye or eyelid; (b) The performance of primary eye care procedures rational to the treatment of conditions or diseases of the eye or eyelid as determined by the board; (c) The performance or ordering of procedures and laboratory tests rational to the diagnosis of conditions or diseases of the eye or eyelid; (d) Additionally, the authority to administer benadryl, epinephrine or equivalent medication to counteract anaphylaxis or anaphylactic reaction; and (e) (1) The use of a local anesthetic in conjunction with the primary care treatment of an eyelid lesion; provided, however, that no optometrist shall use a local anesthetic for this purpose unless that optometrist has met the certification requirements set forth in § 63-8-112(4) and in the rules of the board of optometry for the administration of pharmaceutical agents in the performance of primary eye care procedures. Nothing in this subdivision (12)(E)(i)( e ) shall be construed as allowing an optometrist to perform any reconstructive surgical procedure on the eyelid. Nothing in this subdivision (12)(E)(i)( e ) shall be construed as allowing an optometrist to perform any procedure not approved by the board of optometry prior to April 8, 2014; (2) An optometrist may utilize local anesthesia by injection in performing the following procedures pursuant to this subdivision (12)(E)(i)( e ): (A) Needle drainage of an eyelid abscess, hematoma, bulla, and seroma; (B) Excision of a single epidermal lesion without characteristics of malignancy, no larger than five millimeters (5 mm) in size and no deeper than the dermal layer of the skin; (C) Incision and curettage of a nonrecurrent chalazion; (D) Simple repair of an eyelid laceration no larger than two and one-half centimeters (2.5 cm) and no deeper than the orbicularis muscle and not involving the eyelid margin or lacrimal drainage structures; or (E) Removal of foreign bodies in the eyelid not involving lid margin, lacrimal drainage structures, and extending no deeper than the orbicularis muscle; (3) An optometrist who uses a local anesthetic in the manner allowed by this subdivision (12)(E)(i)( e ) shall provide to the board of optometry proof that the optometrist has current CPR certification by an organization approved by the board; provided, that the optometrist may meet this requirement by providing proof to the board that another person who has current CPR certification will be present in the office of the optometrist at all times that a local anesthetic is used by the optometrist in conjunction with the treatment of an eyelid lesion. Compliance with this provision shall also require that the optometrist maintain in the optometrist's office an AED at all times that a local anesthetic is administered by the optometrist; (ii) All optometrists practicing in this state are prohibited from using nondiagnostic ophthalmic lasers. All optometrists practicing in this state are also prohibited from performing cataract surgery or any surgical procedure requiring other than a topical anesthetic. All optometrists practicing in this state are also prohibited from performing radial keratotomy; (iii) Any optometrist practicing under the authority of this section shall be held to the same standards of care as that of other physicians providing similar services. No optometrist shall practice under this section unless and until the optometrist has submitted to the board evidence of satisfactory completion of all education requirements of § 63-8-112 and has been certified by the board as educationally qualified; (iv) One who is engaged in the practice of optometry as a profession, as hereinabove defined, and who has sufficient education and professional competence, as determined by the board, and who has transcript credit of at least six (6) quarter hours in a course or courses in general and ocular pharmacology, with particular emphasis on diagnostic pharmaceutical agents applied topically to the eye, from a college or university accredited by a regional or professional accreditation organization that is recognized or approved by the board, is authorized to utilize in connection therewith diagnostic pharmaceutical agents (miotics, mydriatics, cycloplegics and anesthetics) applied topically only; (13) "Principal office" means the office location so designated by the optometrist involved; provided, that such office is the location at which the optometrist engages in the majority of the optometrist's practice; (14) "Standard examination" means the examination prescribed by § 63-8-115 ; and (15) "State" means any of the fifty (50) states of the union, the District of Columbia and territories of the United States.

Legislative History

Amended by 2014 Tenn. Acts, ch. 638, s 1, eff. 4/8/2014. Acts 1925, ch. 99, § 2; Shan. Supp., § 3654a10; Code 1932, §7027; Acts 1935, ch. 129, § 1; 1939, ch. 90, §§1, 2; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; C. Supp. 1950, § 7027; Acts 1953, ch. 113, § 37; 1975, ch. 116, § 1; modified; Acts 1977, ch. 490, §2; 1979, ch. 406, §§ 1-8; T.C.A. (orig. ed.), § 63-802; Acts 1984, ch. 937, § 34; 1987, ch. 217, § 1; 1993, ch. 295, §1; 2003 , ch. 167, § 1; 2005, ch. 4, §§ 1, 2.