Updates scope of practice of optometrists.

A1696

ASSEMBLY, No. 1696

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman TENNILLE R. MCCOY

District 14 (Mercer and Middlesex)

Assemblywoman LINDA S. CARTER

District 22 (Somerset and Union)

Co-Sponsored by:

Assemblymen S.Kean, Moen, Clifton, Verrelli, Assemblywomen
Lopez, Murphy, Morales, Assemblyman Auth, Assemblywoman Quijano, Assemblymen
McClellan, Kanitra, McGuckin, Calabrese, Myhre, Inganamort, Miller, Spearman,
Assemblywoman Fantasia, Assemblymen Abdelaziz, Singh, Assemblywoman Speight,
Assemblymen Freiman, Karabinchak, Stewart, Angelozzi and Assemblywoman Simmons

SYNOPSIS

���� Updates scope of practice of optometrists.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning the practice of optometry and
amending various parts of the statutory law.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� R.S.45:12-1 is amended
to read as follows:

���� 45:12-1.� Optometry is hereby
declared to be a profession, and the practice of optometry is defined to be the
employment of objective or subjective means, or both, for the examination of
the human eye and adnexae for the purposes of ascertaining any departure from
the normal, measuring its powers of vision and adapting lenses
[
or
]
,

prisms
, or vision training
for the aid thereof
[
, or the use and prescription of
pharmaceutical agents, excluding injections, except for injections to counter
anaphylactic reaction, and excluding controlled dangerous substances as
provided in sections 5 and 6 of P.L.1970, c.226 (C.24:21-5 and C.24:21-6),
except as otherwise authorized by section 9 of P.L.1991, c.385 (C.45:12-9.11),
]

and the
administration and performance of any diagnostic or therapeutic modality
reasonable
for the purposes of
diagnosing and
treating deficiencies,
deformities, diseases, or abnormalities of the human eye and adnexae, including

[
the
removal of superficial foreign bodies from the eye and adnexae.� The practice
of optometry shall include the administration of immunizations against
coronaviruses and influenza by any route or modality, provided that
administration of the immunization is consistent with recommendations issued by
the Advisory Committee for Immunization Practices in the federal Centers for
Disease Control and Prevention and complies with the requirements of section 2
of P.L.2021, c.101 (C.45:12-1.1)
]
,
but not limited to:

����
a.���� the employment of
any means for the measurement of the powers of vision or the adaptation of
lenses or prisms for the aid thereof;

����
b.��� the use of testing
appliances for the purposes of measurement of the powers of vision or the
diagnosis or any ocular deficiency, disease, or deformity, or visual or
muscular anomaly of the human eye;

����
c.���� prescribing of
lenses, prisms, eyeglass lenses, prosthetic eyes, vision therapy, orthotic
therapy or ocular exercises for the correction, relief or rehabilitation of any
(1) ocular deficiency or deformity, (2) visual or muscular anomaly or (3)
disease of the human eye or the process of vision;

����
d.��� the use and
prescription of pharmaceutical agents by any route of administration including
controlled dangerous substances;

����
e.���� the prescription or
administration, or both, of epinephrine or equivalent medication to counteract
anaphylaxis or anaphylactic reactions;

����
f.���� the removal of
superficial foreign bodies from the eye and adnexae;

����
g.��� the performance or
ordering of procedures and laboratory tests appropriate for the diagnosis of
conditions or diseases of the eye, adnexae, and visual system;

����
h.��� the administration of
immunizations against coronaviruses, influenza, and varicella-zoster virus by
any route or modality, provided that administration of the immunization is
consistent with recommendations issued by the Advisory Committee on Immunization
Practices in the United States Centers for Disease Control and Prevention. An
optometrist shall not administer an immunization against a coronavirus,
influenza, or varicella-zoster virus pursuant to this section to any patient
who is younger than 18 years of age. An immunization against a coronaviruses,
influenza, and varicella-zoster virus administered to a patient by an
optometrist under this section shall be reported by the optometrist to the New
Jersey Immunization Information System established pursuant to section 4 of
P.L.2004, c.138 (C.26:4-134) for inclusion in the patient�s registry;

����
i.���� simple
ophthalmologic procedures including non-invasive application of laser and
ultrasound, reasonable and limited to the diagnosis and treatment of conditions
or disease of the eye, adnexae, and visual systems,

limited
to trabeculoplasty, capsulotomy, and iridotomy

or procedures materially
similar performed with topical anesthesia

only;

����
j.���� minor procedures
including simple ophthalmologic procedures including

treatment of
chalazions, excision of skin tags and other lesions without clinical
characteristics of malignancy, performed with a local anesthesia

only.
These

applications and minor procedures shall not include:

����
(1)�� invasive,
intra-ocular surgery, defined as those surgical procedures which require a full
thickness incision of the globe of the eye;

����
(2)�� orbital surgery
including strabismus surgery or any surgical procedure which requires an
incision of the orbital septum, surgical procedures, or repair of wounds which
require suturing in layers; and

����
(3)�� any surgical
procedure performed under general anesthesia or the administration of general
anesthesia; and

����
k.��� provision of pre- and
post-operative care of procedures included in paragraphs (1), (2), and (3) of
subsection j. of this section
.

���� An optometrist
[
utilizing
pharmaceutical agents
]
,

for the purposes of treatment of ocular conditions and diseases
,
shall
be held to a standard of patient care
[
in
the use of such agents
]

commensurate to that of a
[
physician
utilizing pharmaceutical agents for treatment purposes
]

licensee
of the State Board of Medical Examiners performing the same procedures
.

���� A person shall be deemed to be
practicing optometry within the meaning of this chapter who in any way
[
advertises
himself as an optometrist, or who shall employ any means for the measurement of
the powers of vision or the adaptation of lenses or prisms for the aid thereof,
practice, offer or attempt to practice
]

practices
optometry as herein defined, either on his own behalf or as an
employee or student of another, whether under the personal supervision of his
employer or perceptor or not, or to use testing appliances for the purposes of
measurement of the powers of vision or diagnose any ocular deficiency or
deformity, visual or muscular anomaly of the human eye and adnexae or prescribe
lenses, prisms or ocular exercise for the correction or the relief thereof, or
who uses or prescribes pharmaceutical agents for the purposes of diagnosing and
treating deficiencies, deformities, diseases or abnormalities of the human eye
and adnexae or who holds himself out as qualified to practice optometry.

(cf: P.L.2021, c.101, s.1)

���� 2.��� R.S.45:12-8 is amended
to read as follows:

���� 45:12-8. Every person
practicing optometry shall display his registration certificate or
certificates, together with his registration renewal certificate or
certificates, in a conspicuous place in the office or offices wherein he
practices optometry, but not in such manner that they may be seen from the
outside of such office or offices, and, whenever required, exhibit the
registration and renewal certificates to the board or its authorized
representatives.� Every office where an optometrist is practicing shall have
displayed on a sign so as to be read on the outside of the office the name of
each optometrist practicing therein.� When practicing the profession of
optometry outside of or away from the office he shall deliver to each patient
a� bill for professional services rendered, which shall contain his full name,
[
home
post-office address

and
]

the address of his principal office in this State,� the number of his
certificates, and his signature.

���� Every person practicing
optometry in New Jersey shall notify the board in writing of any change of
address or location of his office or offices at least 5 days prior to occupying
said new office, returning therewith the appropriate registration renewal certificate
or certificates and the board shall issue a new registration renewal
certificate or certificates for the new office location or locations.

(cf: P.L.1954, c.227, s.3)

���� 3.��� Section 7 of P.L.1991,
c.385 (C.45:12-9.9) is amended to read as follows:

���� 7.��� The New Jersey State
Board of Optometrists shall
[
establish
the credentialing requirements which shall be fulfilled before a person may be
certified
]

authorize a licensee of the board
to use or prescribe pharmaceutical
agents
or perform simple ophthalmologic procedures and other minor
procedures
for treatment purposes in the practice of optometry
upon
submission to the board of evidence of competence to perform the minor
procedures requested.� Evidence of competence shall include completion of a
course of study administered by a school or college of optometry accredited by
the Accreditation Council on Optometric Education of the American Optometric
Association and by attestation from an optometrist authorized to perform such
procedures or an ophthalmologist licensed in New Jersey and certified by the
American Board of Ophthalmology who has proctored the licensee under direct
supervision to perform such procedures. These educational standards shall be no
less than that required of currently-enrolled students as part of the
requirements for graduation. Licensees shall be immediately authorized at their
current level of practice. A licensee currently certified to use and prescribe
pharmaceutical agents for treatment purposes pursuant to P.L.1991, c.385
(C.45:12-9.8 et seq.) shall be immediately credentialed and certified to use
and prescribe pharmaceutical agents authorized by that act for treatment
purposes in the practice of optometry
.

����
Prior to authorization by
the New Jersey State Board of Optometrists to perform simple ophthalmologic
procedures and other minor procedures,

an optometrist who holds an
active license to practice optometry in New Jersey shall be permitted to
perform simple ophthalmologic procedures and other minor procedures,

only
when enrolled in an approved program of training sponsored by a school or
college of optometry accredited by the Accreditation Council on Optometric
Education of the American Optometric Association, and only when under the
direct supervision of a properly authorized optometrist authorized to perform
such procedures or an ophthalmologist licensed in New Jersey and certified by
the American Board of Ophthalmology in order to fulfill the requirements of
that training program. Training programs and each licensee registered to
participate in a recognized training program shall be registered with the board
prior to the commencement of the program or the participation.

���� In addition, the board shall
establish continuing education requirements for the renewal of
[
certification
]

authorization

for the use and prescription of pharmaceutical agents
and the performance of
simple ophthalmologic procedures and other minor procedures
for treatment
purposes in the practice of optometry.�
[
No
licensee shall be tested by the board for certification to use or prescribe
pharmaceutical agents for treatment purposes in the practice of optometry
before having first satisfactorily completed all educational requirements in
ocular pharmacology at a school duly accredited by the United States Department
of Education and the Council on Postsecondary Accreditation. These educational
standards shall be no less than that required of currently enrolled students as
part of their requirements for graduation from that school.� This credentialing
and certification process shall be required of all persons seeking to utilize
pharmaceutical agents for treatment purposes in the practice of optometry
regardless of licensure either prior or subsequent to the effective date of�
P.L.1991, c.385 (C.45:12-9.8 et seq.); except that licensees shall be
immediately certified at their current level of practice and those licensees
currently certified to use and prescribe� pharmaceutical agents for treatment
purposes pursuant to P.L.1991, c.385

(C.45:12-9.8 et seq.) shall be immediately credentialed and certified to use
and prescribe those pharmaceutical agents authorized by that act for treatment
purposes in the practice of optometry but not orally until certified, except
for injections to counter anaphylactic reactions.
]

���� The board shall maintain a
list of all approved
[
credentialing
]
courses,
which list shall be made available upon request to licensees or other
interested persons. Upon receipt of verification of satisfactory completion of
an approved
[
credentialing
]
course of
study, the board shall
[
certify
]

authorize

the optometrist applicant
[
as
certified
]

in the use and prescription of those pharmaceutical agents
and the
performance of simple ophthalmologic procedures and other minor procedures
.

(cf: P.L.2004, c.115, s.3)

���� 4.��� Section 9 of P.L.1991,
c.385 (C.45:12-9.11) is amended to read as follows:

���� 9.��� a. Whenever in any law
there is a requirement or duty with respect to the prescription, administration
or dispensing of any drug which applies to any person authorized to prescribe
that drug, the same shall apply to an optometrist when prescribing, administering
or dispensing a pharmaceutical agent pursuant to R.S.45:12-1, except that an
optometrist shall not dispense a prescription as provided for in R.S.45:12-1 in
an amount exceeding a 72-hour supply of that prescription unless the
prescription is dispensed at no charge to the patient.�
[
Subject to the
provisions of P.L.1991, c.385 (C.45:12-9.8 et seq.), an optometrist authorized
to prescribe, administer, or dispense a pharmaceutical agent shall be permitted
to prescribe, administer, and dispense for the purpose of diagnosing and
treating deficiencies, deformities, diseases, or abnormalities of the human eye
and adnexae pharmaceutical agents classified as Schedule III, IV, and V
controlled dangerous substances and, regardless of schedule, pharmaceutical agents
containing hydrocodone.
]

���� b.��� Notwithstanding the
provisions of subsection a. of this section, an optometrist may dispense a
pharmaceutical agent, as provided for in R.S.45:12-1, that is delivered to the
eye through a contact lens
or other medical device or through any other
route of administration approved by the board
and may dispense such
pharmaceutical agent at a charge to the patient.

(cf: P.L.2015, c.65, s.1)

���� 5.��� Section 10 of P.L.2004,
c.115 (C.45:12-9.13) is amended to read as follows:

���� 10.� No licensee shall be
certified by the New Jersey State Board of Optometrists to use or prescribe
pharmaceutical agents in the practice of optometry before having completed
credentialing requirements in ocular pharmacology approved and administered by
the New Jersey State Board of Optometrists.�
[
Until
such time as a majority of the optometrist members of the New Jersey State
Board of Optometrists are certified to use and prescribe pharmaceutical agents
for treatment purposes in the practice of optometry, an interim four-member
panel of experts in ocular pharmacology shall be established to prepare or
endorse credentialing requirements for board approval.� The interim advisory
panel of experts in ocular pharmacology shall be comprised of a physician
selected by the State Board of Medical Examiners, a member selected by the
Board of Pharmacy, a representative of a school of optometry duly accredited by
the United States Department of Education and the Council on Postsecondary
Accreditation, to be selected by the New Jersey State Board of Optometrists,
and the Commissioner of the Department of Health and Senior Services or his
designee.� The interim panel shall be selected by the respective boards within
90 days of the effective date of this amendatory and supplementary act.� Panel
members shall be directly responsible to the Director of the Division of
Consumer Affairs, who may order the replacement of any panel member for failure
to promptly and equitably fulfill their duties.� The panel shall have 120 days
following appointment of a majority of the panel to submit to the New Jersey
State Board of Optometrists credentialing requirements in ocular pharmacology.�
Should the panel fail within the 120 day period to submit credentialing
requirements to the New Jersey State Board of Optometrists, the Director of the
Division of Consumer Affairs shall designate, within 90 days thereafter, the
credentialing requirements for the interim period.� Should the Director of the
Division of Consumer Affairs fail to designate credentialing requirements
within the 90-day period, the credentialing requirements shall be designated by
the New Jersey State Board of Optometrists.
]

(cf: P.L.2004, c.115, s.10)

���� 6.��� Section 7 of P.L.1948,
c.350 (C.45:12-18.1) is amended to read as follows

���� 7.��� The record of an
optometrist of the examination of a patient, including patient's name, address,
age, occupation, and all findings and pertinent facts concerning the patient
discovered and disclosed during the course of such examination, as well as the
record of professional services rendered and the fees charged therefor shall,
because of the confidential nature in the relationship, be the exclusive
property of the
[
optometrist
who
]

optometric
practice that
rendered the professional services to the patient.� Any
unauthorized use by any other person, firm or corporation of the information
contained therein shall constitute an infringement of the property rights of
the patient and the
[
optometrist
]

optometric
practice
, and shall subject the offender to a civil suit for damages by the
person aggrieved.

(cf: P.L.1948, c. 350, s.7)

���� 7.��� This act shall take
effect immediately.

STATEMENT

����� This bill updates the statute
governing optometrists licensed in New Jersey by matching the scope of
practice, services and treatments optometrists can offer patients with the
optometrists� doctoral training, education, and clinical experience.� Additionally,
the bill clarifies requirements that an optometrist must complete prior to
receiving authorization to perform certain services.�