Title 54.1. Professions and Occupations
Chapter 32. Optometry
§ 54.1-3222.1. Selling and dispensing Schedule VI controlled substances by TPA-certified optometrist; requirements.
A. A TPA-certified optometrist may sell and dispense any Schedule VI controlled substances, as defined in § 54.1-3455 of the Drug Control Act (§ 54.1-3400 et seq.), directly to a patient for the treatment of conditions of the eye and its adnexa, provided that:
1. The TPA-certified optometrist is authorized to prescribe the Schedule VI controlled substance pursuant to § 54.1-3222; and
2. Such selling or dispensing is extended only to the optometrist's own patients, and such sale or dispensation complies with the provisions of this section.
B. A TPA-certified optometrist shall not engage in selling or dispensing a Schedule VI controlled substance unless he is licensed to do so by the Board of Pharmacy. The premises of a TPA-certified optometrist who sells or dispenses a Schedule VI controlled substance shall be subject to inspection by the Department of Health Professions to ensure compliance with Chapter 33 (§ 54.1-3300 et seq.), the Drug Control Act (§ 54.1-3400 et seq.), and the Board of Pharmacy's regulations.
C. A TPA-certified optometrist shall (i) be present on the premises at the time the Schedule VI controlled substance is sold and dispensed to a patient and be actively involved in the dispensing process; (ii) inform the patient of the appropriate use of the Schedule VI controlled substance being sold and dispensed; and (iii) comply with all applicable Board of Optometry and Board of Pharmacy regulations concerning the storage, packaging, labeling, recordkeeping, and reporting of the controlled substances sold and dispensed.
D. Dispensing and selling pursuant to this section shall be limited to (i) finished pharmaceutical products that are dispensed and sold strictly in accordance with the manufacturer's labeling and that are in the manufacturer's original, unaltered form; (ii) drugs intended solely for patient self-administration outside the optometrist's office; and (iii) prescriptions that are topical, ophthalmic, or oral in form. No pharmaceutical product dispensed or sold pursuant to this section shall be compounded, repackaged, or otherwise altered by the optometrist.
E. Nothing in this section shall be construed to otherwise expand the administrative or prescriptive authority of a doctor of optometry.
F. The Board of Optometry, in consultation with the Board of Pharmacy, may promulgate regulations to implement the provisions of this section, including provisions for the storage, packaging, labeling, recordkeeping, and reporting of controlled substances dispensed by a TPA-certified optometrist.
