- Introduced -

SB 1097 - This act outlines procedures for the co-management of patients by Optometrists and Ophthalmologists.

A new Section 334.109 is created regarding "surgical comanagement", which is defined as a collaboration between two eye care providers with respect to the pre- and post-operative care of an eye surgery patient. It does not include delegating tasks to ancillary personnel. Surgical comanagement arrangements may be created when:

- the patient chooses to do so;

- distance from the patient's home requires it;

- extenuating circumstances require it; or

- the surgeon chosen by the patient is unavailable for pre- or post-operative care;

No comanaging eye care provider shall receive a fee that exceeds the value of services provided. Each comanaging eye care provider must be licensed and qualified. The patient must give informed consent to comanagement after receiving a detailed explanation of the arrangement. The surgeon and comanaging provider must also have a written protocol on the provision of care. A list of violations is given, including splitting fees, manipulating referrals, or failing to inform the patient.

The Board of Registration for the Healing Arts and the Board of Optometry have disciplinary and rule power to enforce this act as it relates to ophthalmologists and optometrists, respectively. This act does not limit an eye care provider from referring to non-participating surgeons or from electing not to participate in the comanagement arrangement. This act does not limit tort liability of a physician or optometrist with respect to patient care.

This act is similar to SB 552 (2001).

ERIN MOTLEY