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S.M. 2008, c. 13

Bill 11, 2^nd Session, 39^th Legislature

The Optometry Amendment Act

(Assented to June 12, 2008)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. O70 amended

1

The Optometry Act is amended by this Act.

2

Section 1 is amended

(a) by replacing the definition "optometric drug licence" with the following:

"optometric drug licence" means a licence authorizing an optometrist to prescribe and administer drugs for the diagnosis or treatment of diseases and disorders of the human visual system; (« permis d'utilisation de médicaments optométriques »)

(b) by repealing the definition "practice of optometry".

3

The following is added after section 2:

Practice of optometry

2.1(1)

The practice of optometry means the examination, diagnosis, treatment, management and prevention of diseases and disorders of the human visual system, including the human eye and its associated structures, and the detection of related systemic conditions.

Included practices

2.1(2)

In accordance with the requirements of this Act and the regulations, an optometrist may do any of the following in the course of engaging in the practice of optometry:

(a) prescribe or administer drugs designated in the regulations;

(b) remove superficial foreign bodies from the human eye or its adnexa;

(c) order and receive reports of screening and diagnostic tests designated in the regulations.

4(1)

Section 3 is amended in the part before clause (a) by striking out "Notwithstanding the definition "practice of optometry"" and substituting "Without limiting the generality of subsection 2.1(1)".

4(2)

Clauses 3(a), (d) and (e) of the English version are amended by striking out "he" and substituting "the person".

4(3)

Clause 3(b) of the English version is amended

(a) by striking out "he alleges or implies or states that he is, or holds himself out as" and substituting "the person alleges, implies or states that he or she is, or holds himself or herself out as"; and

(b) by adding "or her" after "him".

4(4)

Clause 3(c) is replaced with the following:

(c) the person employs, in the examination, diagnosis or treatment of another, any means, including the prescribing or use of pharmaceutical agents, for the measurement, improvement or development of any or all functions of human vision or ocular health, the assessment of the powers and range of human vision, or the determination of the accommodative or refractive status of human vision or the scope of its functions in general; or

5

The following is added after section 6:

Regulatory advisory committee

6.1(1)

The council must establish, in accordance with the regulations, a committee to be known as the "regulatory advisory committee".

Responsibilities of committee

6.1(2)

In addition to any other responsibilities that may be prescribed for it by regulation, the regulatory advisory committee must give recommendations to the council about the making of regulations under clauses 7(1)(d) and (d.1).

6(1)

The following is added after clause 7(1)(b):

(b.1) providing for an appeal to the council from a decision by the board of examiners not to approve a person's application for registration, or to approve it subject to conditions;

6(2)

Clause 7(1)(d) is replaced with the following:

(d) for the purpose of clause 2.1(2)(a), designating drugs or classes of drugs that an optometrist may prescribe or administer;

(d.1) for the purpose of clause 2.1(2)(c), designating screening and diagnostic tests that an optometrist may order or about which an optometrist may receive reports;

6(3)

The following is added after clause 7(1)(f):

(f.1) for the purpose of section 6.1, respecting the establishment, membership and responsibilities of the regulatory advisory committee;

6(4)

Clauses 7(1)(h) and (i) are replaced with the following:

(h) prescribing or adopting a course of studies in general and ocular pharmacology as it applies to the practice of optometry;

(i) respecting the requirements for obtaining an optometric drug licence.

7

Subsection 8(3) is amended by striking out "subsection 12(1) to qualify for a licence to use topically administered drugs for diagnostic purposes" and substituting "clause 12(2)(a) to qualify for an optometric drug licence".

8

Clause 9(1)(j) is replaced with the following:

(j) the prescribing of fees to be paid by persons

(i) applying for registration under this Act,

(ii) for an examination under section 11, or

(iii) applying for an optometric drug licence under section 12.

9

Section 12 is replaced with the following:

Optometric drug licence

12(1)

No optometrist shall prescribe or administer a drug unless

(a) the optometrist holds an optometric drug licence issued under this Act; and

(b) the drug is designated in the regulations.

Entitlement to licence

12(2)

When an optometrist applies for an optometric drug licence, the board of examiners must issue it if the optometrist

(a) meets the requirements specified in the regulations for obtaining the licence; and

(b) pays any fees required by the by-laws.

Consequential amendments, C.C.S.M. c. P60

10(1)

The Pharmaceutical Act is amended by this section.

10(2)

Section 1 is amended in the definition "prescription" by adding ", optometrist" after "midwife".

10(3)

Subsection 2(2) is amended by adding the following after clause (g):

(h) prevents an optometrist from prescribing or administering a drug if he or she is permitted to do so under The Optometry Act.

10(4)

Subsection 63(2) is amended by adding ", optometrist" after the first occurrence of "dentist".

10(5)

Clause 74(b) is amended by adding ", optometrist" after the first occurrence of "dentist".

Consequential amendments, C.C.S.M. c. P115

11(1)

The Prescription Drugs Cost Assistance Act is amended by this section.

11(2)

Subsections 10(1), (2), (2.1) and (2.3) are amended by adding "optometrist," after "pharmacist," wherever it occurs.

11(3)

Clause 10(5)(g) is amended by adding ", optometry" after "dentistry".

Coming into force

12

This Act comes into force on a day to be fixed by proclamation.