HOUSE BILL No. 4772 June 10, 1999, Introduced by Reps. Law, Toy, Shackleton, Hart, Rick Johnson, Baird, Middaugh, LaSata, Mortimer, Garcia, Green, O'Neil, Neumann, Tabor, Howell, Bovin, Bogardus and Lockwood and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17401 (MCL 333.17401), as amended by 1997 PA 151. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 17401. (1) As used in this part: 2 (a) "Optometrist" means an individual licensed under this 3 article to engage in the practice of optometry. 4 (b) "Practice of optometry" means 1 or more of the follow- 5 ing, but does not include the performance of invasive 6 procedures: 7 (i) The examination of the human eye toascertain the pres-8ence ofDIAGNOSE defects or abnormal conditionswhichTHAT may 9 be corrected, remedied, or relieved, or the effects of which may 01609'99 CPD 2 1 be corrected, remedied, or relieved by the use of lenses, prisms, 2 or other mechanical devices. 3 (ii) The employment of objective or subjective physical 4 means to determine the accommodative or refractive conditions or 5 the range of powers of vision or muscular equilibrium of the 6 human eye. 7 (iii) The adaptation or the adjustment of the lenses or 8 prisms or the use of therapeutic pharmaceutical agents to cor- 9 rect, remedy, or relieve a defect or abnormal condition or to 10 correct, remedy, or relieve the effect of a defect or abnormal 11 condition of the human eye. 12 (iv) The examination of the human eye for contact lenses and 13 the fitting or insertion of contact lenses to the human eye. 14 (v) The employment of objective or subjective means, includ- 15 ing diagnostic pharmaceutical agents by an optometrist who meets 16 the requirements of section 17412, for the examination of the 17 human eye for the purpose ofascertainingDIAGNOSING a depar- 18 ture from the normal, measuring of powers of vision, and adapting 19 lenses for the aid thereof. 20(c) "Diagnostic pharmaceutical agent" means:21(i) The following commercially prepared topical anesthetic:22Proparacaine HCL 0.5%.23(ii) The following commercially prepared24cycloplegic/mydriatic: Tropicamide in strength not greater than251%.26 (vi) THE EMPLOYMENT OF ORTHOPTIC VISION THERAPY AND 27 BINOCULAR VISION THERAPY TO CORRECT, REMEDY, OR RELIEVE A DEFECT 01609'99 3 1 OR ABNORMAL CONDITION OF THE HUMAN EYE OR TO CORRECT, REMEDY, OR 2 RELIEVE THE EFFECTS OF A DEFECT OR ABNORMAL CONDITION OF THE 3 HUMAN EYE. 4 (vii) THE EMPLOYMENT OF LOW VISION TECHNIQUES, LOW VISION 5 THERAPY COUNSELING, AND LOW VISION REHABILITATION THERAPY TO COR- 6 RECT, REMEDY, OR RELIEVE A DEFECT OR ABNORMAL CONDITION OF THE 7 HUMAN EYE OR TO CORRECT, REMEDY, OR RELIEVE THE EFFECTS OF A 8 DEFECT OR ABNORMAL CONDITION OF THE HUMAN EYE. 9 (C) "DIAGNOSTIC PHARMACEUTICAL AGENT" MEANS A TOPICALLY 10 ADMINISTERED PRESCRIPTION DRUG OR OTHER TOPICALLY ADMINISTERED 11 DRUG USED FOR THE PURPOSE OF DIAGNOSING THE PRESENCE OR ABSENCE 12 OF DEFECTS OR ABNORMAL CONDITIONS OF THE HUMAN EYE OR THE EFFECTS 13 OF DEFECTS OR ABNORMAL CONDITIONS OF THE HUMAN EYE. 14 (d) "Therapeutic pharmaceutical agent" means 1 or more of 15 the following: 16 (i) A topically administered prescription drug or other top- 17 ically administered drug used for the purpose of correcting, rem- 18 edying, or relieving a defect or abnormal condition of the ante- 19 rior segment of the human eye or for the purpose of correcting, 20 remedying, or relieving the effects of a defect or abnormal con- 21 dition of the anterior segment of the human eye. 22 (ii) A topically administered antiglaucoma drug. 23 (e) "Drug" means that term as defined in section 17703, but 24 does not include a controlled substance as defined in section 25 7104 or a prescription drug. 01609'99 4 1 (f) "Prescription drug" means that term as defined in 2 section 17708, but does not include a controlled substance as 3 defined in section 7104. 4 (g) "Physician" means that term as defined in section 17001 5 or 17501. 6 (h) "Invasive procedures" means all of the following: 7 (i) The use of lasers other than for observation. 8 (ii) The use of ionizing radiation. 9 (iii) The use of therapeutic ultrasound. 10 (iv) The administration of medication by injection. 11 (v) Procedures that include an incision. 12 (2) In addition to the definitions in this part, article 1 13 contains general definitions and principles of construction 14 applicable to all articles in this code and part 161 contains 15 definitions applicable to this part. 01609'99 Final page. CPD