NOTE: The governor signed this measure on 3/14/2014.
      
      
      HOUSE BILL 14-1099
      
      
      BY REPRESENTATIVE(S) Schafer, Peniston, Ryden, Duran, Fields,
      Ginal, Hamner, Holbert, Hullinghorst, Joshi, Kraft-Tharp, Labuda, May,
      Melton, Pettersen, Primavera, Priola, Rankin, Salazar, Singer, Stephens,
      Vigil, Williams, Young;
      also SENATOR(S) Aguilar, Baumgardner, Crowder, Grantham, Guzman,
      Heath, Herpin, Hodge, Johnston, Jones, Kefalas, Kerr, King, Lambert,
      Lundberg, Marble, Newell, Nicholson, Rivera, Steadman, Tochtrop, Todd,
      Ulibarri, Zenzinger.
      
      
      Concerning prescription drugs in the practice of optometry.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 12-40-102, amend (1)
      (a), (1) (d) (II), and (5) (b) as follows:
      
           12-40-102.  Practice of optometry defined. (1) (a)  The "practice
      of optometry" means the evaluation, diagnosis, prevention, or treatment of
      diseases, disorders, or conditions of the vision system, eyes, and adjacent
      and associated structures, including the use or prescription of lenses,
      prisms, vision therapy, vision rehabilitation, and prescription or
      nonprescription drugs including schedule II controlled narcotic
      substances limited to hydrocodone combination drugs and
      schedule III, IV, and V controlled narcotic substances for ocular disease,
      so long as an optometrist is practicing within the scope of his or her
      education as is commonly taught in accredited schools and colleges of
      optometry and is practicing in accordance with applicable federal and
      Colorado law and board rules.
      
           (d)  The "practice of optometry" does not include:
      
           (II)  The use of schedule I or II narcotics, except for 
      hydrocodone combination drugs;
      
           (5) (b)  Nothing in this section prohibits an optometrist from
      charging a fee for prescribing, adjusting, fitting, adapting, or dispensing
      drugs for ophthalmic purposes and ophthalmic devices, such as
      contact lenses, that are classified by the federal food and drug
      administration as a drug or device, as long as the drug prescribed,
      dispensed, or delivered by the ophthalmic device is not a schedule I or II
      controlled substance, with the exception of hydrocodone
      combination drugs.
      
           SECTION 2.  In Colorado Revised Statutes, 12-42.5-118, amend
      (6) (c) as follows:
      
           12-42.5-118.  Compounding - dispensing - sale of drugs and
      devices - rules. (6) (c)  Nothing in this section prohibits an optometrist
      licensed pursuant to article 40 of this title or a physician licensed pursuant
      to article 36 of this title from charging a fee for prescribing, adjusting,
      fitting, adapting, or dispensing drugs for ophthalmic purposes and
      ophthalmic devices, such as contact lenses, that are classified by the federal
      food and drug administration as a drug or device, as long as the activity
      is within the scope of practice of the optometrist pursuant to article 40 of
      this title or the scope of practice of the physician pursuant to article 36 of
      this title.
      
           SECTION 3.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                        Morgan Carroll
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO