1 Indest-2008-1By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On April 4, 2013, the Florida Senate passed Florida Governor Rick Scott a hard-fought bill that would expand the drug-prescribing practices of optometrists, according to the Associated Press. House Bill 239 has pitted optometrists against ophthalmologists for years in what was called the “eyeball wars.” (Click here to read House Bill 239.) The Senate sent a measure to the governor that would allow optometrists to prescribe some medications, while adding new patient protections.

To read the article from the Associated Press, click here.

I previously blogged about this topic when the bill was still being voted on in the House. Click here to read what supporters and opponents of House Bill 239 had to say about it.

The Final Bill-Optometrists to be Allowed to Prescribe.

According to an article in the Orlando Sentinel, the final bill was an agreement between the Florida Society of Ophthalmologists and the Florida Optometric Association. Optometrists wanted to ability to prescribe medications other than ointments and creams. Ophthalmologists argued optometrists are not doctors and did not receive the proper training to prescribe medicine.

The compromise under the final bill says optometrists would be allowed to prescribe 14 oral drugs, including antibiotics. However, optometrists will not be allowed to prescribe controlled substances. The measure clarifies that optometrists cannot perform surgeries and requires them to report any bad medical outcomes to the state, as ophthalmologists are required to do.

Click here to read the entire article from the Orlando Sentinel.

Hopes for House Bill 239.

State Senators voted 40-0 to pass the bill. Optometrists believed that House Bill 239 will help Floridians get the most appropriate eye treatment. This bill will also allegedly help cut down on duplicate services, and in return, reduce costs for patients.

If Governor Scott signs the bill, it will officially put an end this turf war over eyes.

Contact Health Law Attorneys Experienced with Investigations of Optometrists and Ophthalmologists.

The attorneys of The Health Law Firm provide legal representation to optometrists, ophthalmologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.


What do you think of the new bill? Do you think optometrists prescribing medication is a good idea or a bad idea? Please leave any thoughtful comments below.


Associated Press. “Bill Expands Prescribing Powers for Optometrists.” The Tampa Bay Tribune. (April 4, 2013). From: http://hosted.ap.org/dynamic/stories/F/FL_XGR_OPTOMETRISTS_FLOL-?SITE=FLTAM&SECTION=STATE&TEMPLATE=

Haughney, Kathleen. “Eyeball Wars Comes to an End.” Orlando Sentinel. (April 4, 2013). From: http://blogs.orlandosentinel.com/news_politics/?p=42985

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
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