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Legal Q & A: Public Service Visual Screenings



Question: Is an optometrist permitted to perform public service visual screenings that do not include all of the minimum procedures for a comprehensive eye examination required by the rules of the Florida Board of Optometry?

Answer: Yes, but only under limited circumstances.

The Florida Board of Optometry has adopted Rule 64B13-3.007, Florida Administrative Code, identifying the minimum procedures that must be included in a comprehensive eye examination during the patient’s initial presentation and at least every 2 years thereafter. Rule 64B13-3.007 provides only limited circumstances in which a comprehensive eye examination is not required on an individual’s initial presentation.

One of these limited circumstances is when the optometrist performs a public service visual screening or a visual screening for a governmental agency. However, this limited exception to a comprehensive eye examination applies only if each recipient of the visual screening is clearly informed in writing of the following:

  1. the limitations of the screening;
  2. the screening is not representative of or a substitute for a comprehensive eye examination; and
  3. 3. the screening will not result in a prescription for visual correction.

Failure to perform a public service visual screening or a visual screening for a government agency in strict compliance with the specific requirements of this limited exception could subject the optometrist not only to disciplinary action against his or her license, but to the potential of a professional liability action if the recipient is not fully informed of the limitations of a visual screening and that it is not a substitute for a comprehensive eye examination.