TITLE 43 PROFESSIONS AND BUSINESSES

Section 30. Optometrists, 43-30-1 through 43-30-15.

ARTICLE 4 NURSE LICENSURE COMPACT

43-30-1. Definitions.

As used in this chapter, the term:

"Board" means the State Board of Optometry.
1. "Optometry" means the art and science of visual care and is declared to be a learned profession. The practice of optometry consists of the diagnosis and interpretation of the visual behavior of the human organism by the employment of any means other than surgery. The practice of optometry further consists of the correction of visual anomalies through the prescribing, employment, and use of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises, and visual training, light frequencies, and any other means or methods for the relief, correction, or remedy of any insufficiencies or abnormal conditions of the human visual organism, other than surgery. Optometrists are prohibited from using nondiagnostic lasers. Nothing in this chapter shall prohibit the use, administration, or prescription of pharmaceutical agents for diagnostic purposes and treatment of ocular disease in the practice of optometry by optometrists who have received pharmacological training and certification from a properly accredited institution of higher learning and who are certified by the board to use pharmaceutical agents for diagnostic and treatment purposes. Only a doctor of optometry who:
  1. Is already certified for using pharmaceutical agents for diagnostic purposes;
  2. Has passed or passes an examination approved by the board which tests knowledge of pharmacology for treatment and management of ocular diseases;
  3. Is certified in coronary pulmonary resuscitation (CPR); and
  4. Maintains at least $1 million in malpractice insurance coverage
  shall be certified to use pharmaceutical agents for treatment purposes.
2. The board shall establish by rule a list, which may be modified from time to time, of pharmaceutical agents which optometrists shall be allowed to use for treatment purposes.
3. A doctor of optometry may administer pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi by injection, except for sub-tenon, retrobulbar, peribulbar, facial nerve block, subconjunctival anesthetic, dermal filler, intravenous injections, intramuscular injections, intraorbital nerve block, intraocular, or botulinum toxin injections, if he or she:
  1. Holds a current license or certificate of registration issued by the board and has obtained a certificate showing successful completion of an injectables training program, sponsored by a school or college of optometry credentialed by the United States Department of Education and the Council on Postsecondary Accreditation, consisting of a minimum of 30 hours approved by the board; or
  2. (I) Is enrolled in an injectables training program, sponsored by a school or college of optometry credentialed by the United States Department of Education and the Council on Postsecondary Accreditation, in order to fulfill the requirements of such training program consisting of a minimum of 30 hours approved by the board; and
4. Is under the direct supervision of a physician licensed under Chapter 34 of this title and board certified in ophthalmology.
  Any injectables training program approved by the board pursuant to this subparagraph shall, prior to its approval by the board, be subject to the guidance of the Department of Public Health as to the appropriate curriculum necessary to safeguard the public health of the people of this state.
5. Pharmaceutical agents which are used by a doctor of optometry for treatment purposes may only be:
  1. (I) Nonnarcotic oral analgesics, hydrocodone administered orally, and Schedule III or Schedule IV controlled substances which are oral analgesics;
6. Used for ocular pain; and
7. Used for no more than 72 hours without consultation with the patient's physician; provided, however, that with respect to hydrocodone, used for no more than 48 hours without consultation with the patient's physician; or
  1. Other pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I or Schedule II controlled substances.
  Doctors of optometry using such pharmaceutical agents shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts; provided, however, that a doctor of optometry shall not be authorized to treat systemic diseases.
8. Pharmaceutical agents which are used by a doctor of optometry for treatment purposes and administered topically shall be subject to the following conditions only when used for the treatment of glaucoma:
  1. If the pharmaceutical agent is a beta blocker, an optometrist certified to use pharmaceutical agents for treatment purposes must take a complete case history and determine whether the patient has had a physical examination within the past year. If the patient has not had such a physical examination or if the patient has any history of congestive heart failure, bradycardia, heart block, asthma, or chronic obstructive pulmonary disease, that patient must be referred to a person licensed under Chapter 34 of this title for examination prior to initiating beta blocker therapy;
  2. If the glaucoma patient does not respond to the topically administered pharmaceutical agents after 60 days of treatment, that patient must be referred to an ophthalmologist;
  3. If the patient is diagnosed as having closed angle glaucoma, the patient shall be immediately referred to an ophthalmologist; and
  4. If the pharmaceutical agent is oral corticosteroids, an optometrist certified to use pharmaceutical agents for treatment purposes must take a complete case history and determine whether the patient has had a physical examination within the past year and must not prescribe oral corticosteroids for a patient with any condition for which oral corticosteroids are contraindicated, and in no event shall such oral corticosteriods be prescribed for more than 14 days.
9. Doctors of optometry using pharmaceutical agents for treatment purposes shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts.
10. Any doctor of optometry who uses a pharmaceutical agent, except under the conditions specified therefor by this chapter and any other law, shall be guilty of a misdemeanor unless a greater penalty is otherwise provided by law.
11. Nothing in this chapter shall be construed to allow a doctor of optometry to dispense pharmaceutical agents to patients.

(Ga. L. 1916, p. 83, § 1; Code 1933, § 84-1101; Ga. L. 1956, p. 94, § 1; Ga. L. 1980, p. 47, § 1; Ga. L. 1988, p. 34, § 1; Ga. L. 1994, p. 853, § 1; Ga. L. 1994, p. 996, § 1; Ga. L. 1995, p. 351, § 1; Ga. L. 2007, p. 551, § 1/SB 17; Ga. L. 2013, p. 639, § 1/HB 235; Ga. L. 2017, p. 680, § 1/SB 153; Ga. L. 2018, p. 251, § 1/SB 382.)

The 2017 amendment, effective July 1, 2017, substituted the present provisions of subparagraph (2)(C) for the former provisions, which read: "A doctor of optometry shall not administer any pharmaceutical agent by injection."; in the introductory paragraph of subparagraph (2)(D), deleted "and administered orally" following "treatment purposes", substituted "analgesics, hydrocodone administered orally," for "analgesics and hydrocodone" in subdivision (2)(D)(i)(I); in division (2)(D)(ii), substituted "Other pharmaceutical" for "Antibiotics, antivirals, corticosteroids, antifungals, antihistamines, or antiglaucoma" at the beginning, and deleted the proviso at the end, which read: "; provided, however, that a doctor of optometry shall not be authorized to administer pharmaceutical agents by injection".

The 2018 amendment, effective July 1, 2018, added the ending undesignated paragraph of subparagraph (2)(C).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2013, "and" was deleted from the end of division (2)(E)(ii).

Law reviews.

- For comment on Pearle Optical of Monroeville, Inc. v. Georgia State Bd. of Exmrs., 219 Ga. 364, 133 S.E.2d 374 (1963); 219 Ga. 856, 136 S.E.2d 371 (1964), see 16 Mercer L. Rev. 349 (1964).

JUDICIAL DECISIONS

Optometry is a learned profession because a valid statute of state declares it to be. The declaration is not a mere effort on the part of the General Assembly to establish a fact by legislative fiat; it is the province of the lawmaking body to adjudge the sufficiency of the factual foundation necessary to support the statutes the legislature enacts into law. Pearle Optical of Monroeville, Inc. v. Georgia State Bd. of Exmrs. in Optometry, 219 Ga. 364, 133 S.E.2d 374 (1963).

Learned professions involve close relation between practitioner and patient.

- From description of practice contained in the law relating thereto it is also evident that there is the close and confidential relationship between practitioner and patient that separates learned professions of the law from other pursuits or professions that may require great learning or scholarship, but are not classified as learned professions. Pearle Optical of Monroeville, Inc. v. Georgia State Bd. of Exmrs. in Optometry, 219 Ga. 364, 133 S.E.2d 374 (1963).

Relation between optometrist and patient is personal and confidential and subject to reasonable legislative regulation in common interest. Pearle Optical of Monroeville, Inc. v. Georgia State Bd. of Exmrs. in Optometry, 219 Ga. 364, 133 S.E.2d 374 (1963).

Practice of optometry is subject to regulation to protect public against ignorance, incapacity, deception, and fraud, equally with practice of ophthalmology and other learned professions, a category originally confined to theology, law, and medicine, but long since broadened in keeping with diffusion of scientific learning and need of specialized knowledge in functioning of the ever-expanding and complex society. Pearle Optical of Monroeville, Inc. v. Georgia State Bd. of Exmrs. in Optometry, 219 Ga. 364, 133 S.E.2d 374 (1963).

Working for optical concern interested in selling goods may create conflict of interest for optometrist.

- It would seem that the public has as much need to be protected from quacks and charlatans in optometry as in dentistry or any other subdivision of medicine. One who consults an optometrist for ocular examination is entitled to the same undivided loyalty that a patient should receive from a physician. The fact that the optometrist is employee of an optical concern whose main interest is the sale of optical goods tends to be a distracting influence which may adversely affect the optometrist's loyalty to the interests of the patient. Pearle Optical of Monroeville, Inc. v. Georgia State Bd. of Exmrs. in Optometry, 219 Ga. 364, 133 S.E.2d 374 (1963).

Unlicensed corporation or individual cannot practice through licensed employee.

- Absent express statutory authority, a corporation or individual not licensed to practice optometry cannot practice optometry through a licensed employee. Lee Optical of Ga., Inc. v. Georgia State Bd. of Exmrs. in Optometry, 220 Ga. 204, 138 S.E.2d 165 (1964).

Optometrist keeping supplies solely for use by patients not subject to local optical supplier tax.

- Duly licensed optometrist, who keeps and furnishes optical supplies solely for use by own patients in connection with work as an optometrist and does not engage in separate business of selling them to public, is exempt from municipal tax imposed on dealers in optical supplies. Tinley v. City Council, 55 Ga. App. 153, 189 S.E. 413 (1937).

Insurer could not require optometrists to obtain materials from insurer.

- Insurer's requirement that independent optometrists obtain covered materials from the insurer violated O.C.G.A. § 33-24-59.12(c)(2) because: (1) insureds were required to obtain the materials from the insurer even though O.C.G.A. § 43-30-1(2)(A) allowed the optometrists to provide this service; and (2) the subsection's intent was not merely to avoid the necessity of a physician's referral. Spectera, Inc. v. Wilson, 317 Ga. App. 64, 730 S.E.2d 699 (2012), aff'd in part, reversed in part (2013 Ga. LEXIS 899).

Applicability of limitation and repose statute to professional negligence action.

- Statute setting limitation and repose for medical malpractice actions applied to alleged professional negligence by an optometrist. Zechmann v. Thigpen, 210 Ga. App. 726, 437 S.E.2d 475 (1993).

Cited in Tinley v. City Council, 55 Ga. App. 153, 189 S.E. 413 (1937); Wall v. American Optometric Ass'n, 379 F. Supp. 175 (N.D. Ga. 1974); Fulton-DeKalb Hosp. Auth. v. Hadley, 174 Ga. App. 503, 330 S.E.2d 432 (1985).

OPINIONS OF THE ATTORNEY GENERAL

Restrictions on eye care and treatment performed by physicians, optometrists, and opticians.

- Physician licensed in this state is unrestricted in the eye care and treatment afforded the physician's patients, including the fabrication and use of contact lenses, medicine, drugs, and surgery. An optometrist may employ any means, except drugs, medicine, or surgery, in the treatment of the human eye, including contact lenses. A dispensing optician may prepare and dispense optical devices upon the prescription of a physician or optometrist, or may duplicate lenses without a prescription. 1980 Op. Att'y Gen. No. 80-19.

Definition of "optometry" embraces the practice of opticianary. 1952-53 Op. Att'y Gen. p. 160.

Fitting contact lenses is the practice of optometry. 1945-47 Op. Att'y Gen. p. 495.

Preliminary determination of a pathological condition of the eye is within the scope of a license to practice optometry. 1983 Op. Att'y Gen. No. 83-52.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61 Am. Jur. 2d, Physicians, Surgeons and Other Healers, §§ 37 et seq., 58.

C.J.S.

- 70 C.J.S., Physicians, Surgeons, and Other Health-Care Providers, §§ 1 et seq., 22, 23.

ALR.

- What constitutes practice of "optometry", 88 A.L.R.2d 1290; 82 A.L.R.4th 816.

Fitting of contact lenses as practice of optometry, 77 A.L.R.3d 817.

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