CHAPTER 223

SB 200 - FINAL VERSION

18May2023... 1568h

2023 SESSION

23-1001

09/08

SENATE BILL 200

AN ACT relative to optometrists.

SPONSORS: Sen. Rosenwald, Dist 13; Sen. Prentiss, Dist 5; Sen. Chandley, Dist 11; Sen. Whitley, Dist 15; Sen. Avard, Dist 12; Sen. Soucy, Dist 18; Sen. Ward, Dist 8; Sen. Watters, Dist 4; Sen. Birdsell, Dist 19; Sen. Altschiller, Dist 24; Rep. McMahon, Rock. 17; Rep. Merchant, Sull. 6; Rep. W. MacDonald, Rock. 16; Rep. Rochefort, Graf. 1

COMMITTEE: Commerce

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ANALYSIS

This bill removes a variety of prohibitions on the types of care that optometrists may provide to patients.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18May2023... 1568h 23-1001

09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to optometrists.

Be it Enacted by the Senate and House of Representatives in General Court convened:

223:1  Occupations and Professions; Optometry; Definitions.  Amend RSA 327:1, III(d) to read as follows:

(d)  Antibiotics, sulfonomides, and combinations thereof, which are topically applied or orally administered to treat or alleviate the effects of disease or abnormal conditions of the human eye, adnexa, and eyelids, [excluding the lacrimal gland,] or structures posterior to the iris, approved pursuant to RSA 327:6-a, VI.

223:2  Occupations and Professions; Optometry; Definitions.  Amend RSA 327:1, III(h) to read as follows:

(h)  Orally administered analgesic agents used for the purpose of alleviating pain caused by a disease or abnormal condition of the human eye or eyelid, [excluding the lacrimal gland], or structures posterior to the iris.  This may include class III and IV controlled substances approved pursuant to RSA 327:6-a, VI and included in the formulary.

223:3  New Subparagraph; Definitions; Pharmaceutical Agent.  Amend RSA 327:1, III by inserting after subparagraph (n) the following new subparagraph:

(o)  Influenza, COVID-19, and shingles vaccines which have been approved by the Food and Drug Administration to adults.

223:4  Authorization for Pharmaceutical Agents  RSA 327:6-a, V is repealed and reenacted to read as follows:

V.  Notwithstanding any other provision of law, an optometrist who is certified to use pharmaceutical agents in the practice of optometry shall be permitted to administer:

(a)  Diphenhydramine, epinephrine, or an equivalent medication administered by injection to counter anaphylaxis or anaphylactic reaction.

(b)  Vaccines by injection to individuals 18 years of age or older.  In order to administer vaccines an optometrist shall:

(1) Hold a current license to practice optometry in the state of New Hampshire.

(2)  Complete and remain current with an immunization training program endorsed by the CDC, a course approved by the National Board of Examiners in Optometry, or an equivalent course approved by the board of optometry, that at a minimum includes hands-on injection techniques, clinical evaluation of indications and contraindications of vaccines, and the recognition and treatment of emergency reactions to vaccines.

(3) Have at least $1,000,000 of professional liability insurance coverage.

(4)  Hold active certification in basic cardiopulmonary resuscitation.

(5)  Provide to the board of optometry evidence of compliance under RSA 327:6-a, paragraph I through IV.

(6)  Review the vaccine registry or other vaccination records before administering the vaccination.

(7)  Record the vaccination in the state vaccine registry in accordance with RSA 141-C:20-f and when required by state or federal law and maintain a record of the vaccination as required by state and federal law.

(8)  When designated by the patient, provide notice to the primary care provider of the administration of any vaccine.

(9)  Submit reports of any adverse reactions following vaccination to the Centers for Disease Control (CDC) Vaccine Adverse Event Reporting System (VAERS).

223:5  Effective Date.  This act shall take effect 60 days after its passage.

Approved: August 04, 2023

Effective Date: October 03, 2023