§ 33-23-101 — Definitions; authorized scope of practice; prohibited procedures; exceptions

(a) As used in this act:
(i) "Board" means the Wyoming state board of
examiners in optometry;
(ii) "License" means a current license to practice
optometry in this state issued by the board;
(iii) "Licensee" means a person licensed by the board
under this act;
(iv) "Optometrist" or "doctor of optometry" means a
person licensed by the board under this act;
(v) "Physician" means a person holding a valid
license issued by the Wyoming state board of medicine under the
Medical Practice Act;
(vi) "Controlled substance" means any drug, substance
or immediate precursor listed in schedules I through V of
article III of the Wyoming Controlled Substances Act of 1971;
(vii) "Ophthalmic lenses" means any type of spectacle
or contact lenses;
(viii) "Contact lenses" shall include contact lenses
with or without power;
(ix) "This act" means W.S. 33-23-101 through 33-23-
116.
(b) The practice of optometry occurs when a person employs
primary human eye care procedures, including:
(i) The examination, diagnosis and treatment of
abnormal conditions and diseases of the eye, its adnexa and
visual system;
(ii) Measuring the powers and range of vision of the
eye to determine the accommodative and refractive state and
general function of the eye;
(iii) The adaptation, sale, prescribing and
dispensing of frames and ophthalmic lenses in all their forms;
(iv) Ordering and performance of diagnostic
laboratory or imaging tests;
(v) The prescribing and administration of
pharmaceutical agents, as provided in W.S. 33-23-102;
(vi) Preoperative and postoperative care for those
procedures excluded from the practice of optometry under
subsection (c) of this section;
(vii) Any laser procedure as set forth by the board's
rules and not excluded under subsection (c) of this section.
(c) The following ophthalmic procedures shall be excluded
from the authorized practice of optometry:
(i) The following general procedures:
(A) Administration of general anesthesia;
(B) Surgery performed with general anesthesia.
(ii) The following laser procedures:
(A) Corneal procedures;
(B) Procedures of the vitreous chamber of the
eye for the purpose of treating any retinal or macular disease;
(C) Retinal procedures.
(iii) The following nonlaser procedures:
(A) Surgery related to removal of an eye from a
living person;
(B) Surgery of the bony orbit, including orbital
implants;
(C) Incisional or excisional surgery of the
extraocular muscles;
(D) Surgery of the eyelid for suspected
malignancies or for incisional cosmetic or mechanical repair of
blepharochalasis, ptosis or tarsorrhaphy;
(E) Incisional or excisional surgery of the
lacrimal system other than probing or related procedures;
(F) Surgery requiring full thickness
conjunctivoplasty with graft or flap;
(G) Pterygium surgery;
(H) Surgery requiring full thickness incision or
excision of the cornea or sclera, other than paracentesis, in an
emergency requiring immediate reduction of pressure inside the
eye;
(J) Corneal transplants;
(K) Surgery requiring incision of the iris or
ciliary body, including diathermy or cryotherapy;
(M) Surgical extraction of the crystalline lens;
(N) Surgical intraocular implants;
(O) Surgery requiring removal of the vitreous;
(P) Procedures of the vitreous chamber of the
eye for the purpose of treating any retinal or macular disease,
including intra-vitreal injection;
(Q) Surgery requiring manipulation of the
retina;
(R) Intravenous injections.
(d) The provisions of this chapter do not prevent a
physician from treating or fitting glasses to the human eye, or
a physician or optometrist from filling prescriptions or orders.
Nor do the provisions of this chapter prevent the replacing,
duplicating or repairing of ophthalmic lenses or the frames or
fittings thereof by persons qualified to write or fill
prescriptions or orders under the provisions of this act, nor
prevent the doing of the merely mechanical work upon such lenses
or upon the frames or fittings thereof.
(e) It is unlawful for any person to dispense, replace or
duplicate ophthalmic lenses or any contact lenses without a
prescription or order from a physician or optometrist. A contact
lens prescription shall specifically state that it is intended
for contact lenses and include the type and specification of the
contact lenses being prescribed. An optometrist shall provide,
at no additional cost to the patient, a written copy of his
contact lens prescription. The prescription shall only be
released after the contact lenses have been adequately fitted
and no more follow-up visits are necessary to assure the contact
lenses fit the patient. The essential information necessary to
duplicate the prescription shall be defined by rules adopted by
the board. All contact lens prescriptions shall have an
expiration date after which it shall be unlawful to fill such
prescription. The prescribing optometrist shall not be liable
for any injury or condition to a patient resulting from
negligence in packaging, manufacturing or dispensing lenses by
anyone other than the prescribing optometrist. Any person may
file a complaint with the board seeking disciplinary action
concerning any violation of this subsection. The board shall
investigate or cause to be investigated and shall resolve a
complaint on its own motion or upon receipt of a written
complaint as provided by W.S. 33-23-110. No person shall
improperly fill a contact lens prescription or fill an expired
prescription.
(f) The provisions of this chapter do not prohibit the
sale of goggles, sunglasses, colored glasses or occupational
eye-protective devices if they do not have refractive values,
nor do the provisions of this act prohibit the sale of complete
ready-to-wear eyeglasses as merchandise by any person not
holding himself out as competent to examine, test or prescribe
for the human eye or its refractive errors.
(g) Nothing in this act shall prevent an optometrist from
using assistants in his practice under his general supervision
as defined in board rule.