(a) As used in this subchapter, a person practices optometry who, by any means or methods, other than by the use of drugs, conducts any one or more of the following practices and procedures:
(1) the examination of the human eye and the eyelid for the purpose of diagnosis, treatment, excluding the lacrimal gland, or referral for consultation as authorized by this section or, where appropriate, referral to an ophthalmologist;
(2) the use of tests, instruments, devices, ocular agents-D, ocular agents-T and noninvasive procedures for the purpose of investigation, examination, diagnosis, treatment excluding the lacrimal gland; or correction, as authorized by this section, of visual defects, abnormal conditions or diseases of the human eye and eyelid;
(3) the prescription and application of ophthalmic lenses, prisms, filters, devices containing lenses or prisms or filters or any combination thereof orthoptics, vision training, ocular agents-D for the purpose of diagnosing visual defects, abnormal conditions or diseases of the human eye and eyelid, ocular agents-T and noninvasive procedures for the purpose of correction, alleviation or treatment, as authorized by this section, of visual defects, abnormal conditions or diseases of the human eye and eyelid excluding the lacrimal gland but including the treatment of iritis; and
(4) the examination of the human eye for purposes of prescribing, fitting or insertion of contact lenses to the human eye.
The practice of optometry shall not include the use of surgery, x-ray, photocoagulation, or ionizing radiation.(b) For the purposes of this chapter—
(1) Optometrist means an individual licensed pursuant to this chapter to engage in the practice of optometry;
(2) Ocular agents-D means:
(A) topically administered agents used for the purpose of diagnosing visual defects, abnormal conditions or the diseases of the human eye and eyelid known generally as cycloplegics not to exceed one percent, mydriatics other than phenylephrine hydrochloride ten per cent, and topical anesthetics, which are administered topically for the examination of the human eye and the analysis of ocular functions;
(B) those vision training or optical devices which have been designated drugs for preclearance testing by the federal Food and Drug Administration or similar agency; and
(C) fluorescein and similar dyes used in fitting contact lenses. The drugs described in subparagraph (A) of this subdivision may be acquired and used only for, diagnostic purposes.
(3) Ocular agent-T means:
(A) topically administered ophthalmic agents used for the purpose of treating or alleviating the effects of diseases or abnormal conditions of the human eye or eyelid excluding the lacrimal gland, but including the treatment of iritis, excluding allergens, antiparasitics, antifungal agents, antimetabolites, antineoplastics, and succus cineraria maritima;
(B) orally administered antibiotics, anti histamines and antiviral agents used for the purpose of treating or alleviating the effects of diseases or abnormal conditions of the human eye or eyelid excluding the lacrimal gland, but including the treatment of iritis; and
(C) orally administered analgesic agents used for the purpose of alleviating pain caused by diseases or abnormal conditions of the human eye or eyelid excluding the lacrimal gland, but including the treatment of iritis. “Ocular agent-T” does not include any controlled substance or drug administered by injection.
(4) Noninvasive procedures means procedures used to diagnose or treat a disease or abnormal condition of the human eye or eyelid excluding the lacrimal gland and which exclude the removal of superficial foreign bodies of the corneal epithelium which have perforated bowman’s membrane but including the treatment of iritis, provided the treatment procedures do not require an incision or use of a laser.
(c) Use of ocular agents; authorization Optometrist-Therapeutic Certified
(1) Optometrists who, are licensed in the Virgin Islands shall be permitted to acquire and use ocular agents-D topically and shall be permitted to acquire, administer, dispense and prescribe ocular agent-T in the practice of optometry only after they have completed and provided proof and official verification that they have:
(A) Successfully passed National Board of Examiners in Optometry (NBEO) Treatment and Management of Ocular Disease (TMOD) examination, or the NBEO part II examination that includes the TMOD;
(B) Successfully completed a course in cardiopulmonary resuscitation (CPR) offered by an accredited hospital, the American Heart Association or a comparable institution or organization.
(2) Optometrists who are licensed in the Virgin Islands, who have not met the above mentioned requirements in (1) above, shall be permitted to acquire and use ocular agent-D topically and, shall be permitted to acquire, administer, dispense and prescribe ocular agents-T in the practice of optometry only after they have:
(A) successfully completed a minimum of one hundred classroom hours and thirty clinical hours in the didactic clinical use of ocular agents-T for the purposes of treating deficiencies, deformities, diseases or abnormalities the human eye, including the removal of foreign bodies from the eye and adnexae, conducted by a duly accredited school or college of optometry or medical school, and have passed an examination as administered by the accredited school or college of optometry or medical school which conducted the course of study and passed the NBEO TMOD examination or the NBEO Part II examination after January 1, 1993;
(B) passed the NBEO TMOD examination or the NBEO Part II examination that includes TMOD;
(C) successfully completed a course in cardiopulmonary resuscitation (CPR) offered by an accredited hospital, the American Heart Association or a comparable institution or organization.
(3) Optometrists licensed on and after June 30, 2012, and who have graduated from an accredited school or college of optometry, shall not be required to take either a course in the didactic and clinical use of ocular agents-T in order to acquire, administer, dispense and prescribe such ocular agents-T, but must have:
(A) passed the NBEO TMOD examination or the NBEO Part II examination;
(B) parts I, II, III examination of National Board of examiners in Optometry (NBEO). Part II of examination must include TMOD;
(C) successfully completed a course in cardiopulmonary resuscitation (CPR) offered by an accredited hospital, the American Heart Association or a comparable institution or organization.
(d) Eligibility for licensure with National Board Examinations