Va. Code Ann. tit. 54.1, ch. 32

Va. Code Ann. tit. 54.1, ch. 32
in effect

Va. Code Ann. § 54.1-3200 Definitions

As used in this chapter, unless the context requires a different meaning: "Board" means the Board of Optometry. "Optometrist" means any person practicing the profession of optometry as defined in this chapter and the regulations of the Board. "Practice of optometry" means practice in accordance with the provisions of § 54.1-3201 . "TPA-certified optometrist" means an optometrist who is licensed under this chapter and who has successfully completed the requirements for TPA certification established by the Board pursuant to Article 5 (§ 54.1-3222 et seq.). The foregoing shall not restrict the authority of any optometrist licensed or certified under this chapter for the removal of superficial foreign bodies from the human eye and its adnexa or from delegating to personnel in his personal employ and supervised by him, such activities or functions as are nondiscretionary and do not require the exercise of professional judgment for their performance and which are usually or customarily delegated to such persons by optometrists, if such activities or functions are authorized by and performed for such optometrists and responsibility for such activities or functions is assumed by such optometrists. Code 1950, § 54-368; 1988, cc. 243, 737, 765; 1991, c. 290; 1996, cc. 152 , 158 , 365 , 436 ; 2004, c. 744 ; 2015, c. 355 ; 2018, c. 280 ; 2022, cc. 16 , 17 .

Va. Code Ann. § 54.1-3201 What constitutes practice of optometry

A. The practice of optometry includes: 1. Examination of the human eye to ascertain the presence of defects or abnormal conditions that may be corrected or relieved by the use of lenses, prisms or ocular exercises, or visual training or orthoptics and the prescribing or adapting of lenses, prisms or ocular exercises, or visual training or orthoptics for the correction, relief, remediation, or prevention of such conditions; 2. Employment of any subjective or objective mechanism to determine the accommodative or refractive states of the human eye or range or power of vision of the human eye; 3. Use of testing appliances for the purpose of the measurement of the powers of vision; 4. Examination, diagnosis, and optometric treatment in accordance with this chapter of conditions and visual or muscular anomalies of the human eye; 5. Evaluation, examination, diagnosis, and treatment of abnormal or diseased conditions of the human eye and its adnexa by the use of medically recognized and appropriate devices, procedures, or technologies; 6. Preoperative and postoperative care related to the human eye and adnexa; and 7. Use of diagnostic pharmaceutical agents set forth in § 54.1-3221 . B. Except as provided in §§ 54.1-3222 and 54.1-3225 , the practice of optometry does not include treatment through: 1. Surgery, including: a. Retina laser procedures; laser procedures into the vitreous chamber of the eye to treat vitreous, retinal, or macular disease; laser in situ keratomileusis and photorefractive keratectomy eye surgery; or other laser surgery; b. Penetrating keratoplasty and corneal transplants; c. Surgery (i) related to removal of the eye; (ii) requiring a full-thickness incision or excision of the cornea or sclera; (iii) requiring physical incision of the iris and ciliary body, including the diathermy, and cryotherapy; (iv) requiring incision of the vitreous humor or retina; (v) requiring full-thickness conjunctivoplasty with a graft or flap; (vi) of the eyelid for incisional cosmetic or functional repair, or blepharochalasis, ptosis, or tarsorrhaphy treatment; (vii) of the bony orbit, including orbital implants; (viii) requiring surgical extraction of the crystalline lens; or (ix) requiring surgical anterior or posterior chamber intraocular implants; or d. Incisional or excisional surgery of the (i) extraocular muscles; (ii) lacrimal system, other than probing or related procedures; or (iii) pterygium surgery; 2. Cryotherapy of the ciliary body; 3. Iodizing radiation; 4. The use of injections, including venipuncture and intravenous injections; 5. Administration of or surgery using general anesthesia; or 6. Other invasive modalities. C. An optometrist may (i) treat certain diseases or abnormal conditions of the human eye and its adnexa with certain therapeutic pharmaceutical agents as permitted under this chapter and (ii) administer intramuscular epinephrine for the treatment of emergency cases of anaphylactic shock. D. Any person who in any way advertises himself as an optometrist or uses the title of doctor of optometry (O.D.) or any other letters or title in connection with his name which in any way conveys the impression that he is engaged in the practice of optometry shall be deemed to be practicing optometry within the meaning of this chapter. Code 1950, § 54-368; 1988, cc. 243, 737, 765; 2022, cc. 16 , 17 .

Va. Code Ann. § 54.1-3202 Exemptions

This chapter shall not apply to: 1. Physicians licensed to practice medicine by the Board of Medicine or to prohibit the sale of nonprescription eyeglasses and sunglasses; 2. Any optometrist rendering free health care to an underserved population in the Commonwealth who (i) does not regularly practice optometry in the Commonwealth; (ii) holds a current valid license or certificate to practice optometry in another state, territory, district, or possession of the United States; (iii) volunteers to provide free health care in an underserved area of the Commonwealth under the auspices of a publicly supported, all volunteer nonprofit organization that sponsors the provision of health care to populations of underserved people; (iv) files a copy of his license or certification in such other jurisdiction with the Board; (v) notifies the Board at least five business days prior to the voluntary provision of services of the dates and location of such service; and (vi) acknowledges, in writing, that such licensure exemption shall only be valid, in compliance with the Board's regulations, during the limited period that such free health care is made available through the volunteer nonprofit organization on the dates and at the location filed with the Board. The Board may deny the right to practice in the Commonwealth to any optometrist whose license or certificate has been previously suspended or revoked, who has been convicted of a felony, or who is otherwise found to be in violation of applicable laws or regulations. However, the Board shall allow an optometrist who meets the criteria of this subdivision to provide volunteer services without prior notice for a period of up to three days, provided the nonprofit organization verifies that the practitioner has a valid, unrestricted license in another state; or 3. Any student, intern, or trainee in optometry who is performing optometric services under the direct supervision of a licensed optometrist or ophthalmologist as part of a course of study at an accredited institution of higher education. Code 1950, § 54-369; 1988, c. 765; 2002, c. 740 ; 2008, c. 674 ; 2009, cc. 353 , 761 ; 2023, c. 268 .

Va. Code Ann. § 54.1-3203 License to be displayed

Every person practicing optometry shall display his license in a conspicuous place in the principal office in which he practices. Code 1950, § 54-386; 1988, c. 765.

Va. Code Ann. § 54.1-3204 Prohibited acts

It shall be unlawful for any person: 1. To practice optometry in this Commonwealth without holding a license issued by the Board. Practicing or offering to practice optometry, or the public representation of being qualified to practice the same by any person not authorized to practice optometry, shall be sufficient evidence of a violation of the law. 2. To impersonate a licensed optometrist of like or different name. 3. To buy or sell or fraudulently obtain a diploma or license. 4. To do any act for which if he were an optometrist his license could be revoked as provided by this chapter. 5. To possess any trial lenses, trial frames, graduated test cards, appliances or instruments used in the practice of optometry, self-testing devices or eyeglass vending machines for the purpose of fitting or prescribing glasses in the practice of optometry, unless he is or unless he regularly employs on the premises a licensed optometrist or a licensed physician. 6. To publish or cause to be published in any manner an advertisement that is false, deceptive or misleading, contains a claim of professional superiority or violates regulations of the Board governing advertising by optometrists. 7. To sell, provide, furnish, supply or duplicate eyeglasses, or lenses for the correction of vision without the prescription of a licensed physician or licensed optometrist, unless he is the holder of a license to practice optometry or a license to practice medicine under the laws of this Commonwealth. 8. To sell or dispense contact lenses, including plano or cosmetic lenses, without holding a license issued by the Board. This subdivision shall not apply to a licensed optician operating or working in a retail establishment, when selling or dispensing contact lenses, including plano or cosmetic lenses, upon the valid written prescription of an individual licensed to practice medicine or osteopathy, or a licensed optometrist. 9. To dispense, administer, or sell an ophthalmic device containing Schedule III, IV, or VI controlled substances or an over-the-counter medication without holding a license issued by the Board, including TPA certification. An "ophthalmic device" shall mean any device, as defined in the Drug Control Act (§ 54.1-3400 et seq.) customarily used primarily for ophthalmic purposes, including an ophthalmic device classified by the United States Food and Drug Administration as a drug. Nothing in this subsection shall preclude a pharmacist from dispensing an ophthalmic device, as defined in this subsection, upon the written and valid prescription of an optometrist, providing the patient is then advised by the pharmacist to return for follow-up care to the optometrist prescribing the ophthalmic device. The provisions of this section shall be enforced in accordance with this chapter and § 54.1-2506 . Code 1950, § 54-396; 1976, c. 758; 1977, c. 161; 1979, c. 39; 1988, c. 765; 2009, cc. 353 , 761 .

Va. Code Ann. § 54.1-3205 Practicing in a commercial or mercantile establishment

A. It shall be unlawful for any optometrist to practice his profession as a lessee of or in a commercial or mercantile establishment, or to advertise, either in person or through any commercial or mercantile establishment, that he is a licensed practitioner and is practicing or will practice optometry as a lessee of or in the commercial or mercantile establishment. B. No licensed optometrist shall practice optometry as an employee, directly or indirectly, of a commercial or mercantile establishment, unless such commercial or mercantile establishment was employing a full-time licensed optometrist in its established place of business on June 21, 1938. C. For the purposes of this section, the term "commercial or mercantile establishment" means a business enterprise engaged in the selling of commodities. D. For the purposes of this section, an optometrist shall be deemed to be practicing in a commercial or mercantile establishment if he practices, whether directly or indirectly, as an officer, employee, lessee or agent of any person or entity in any location that provides direct access to or from a commercial or mercantile establishment. Direct access includes any entrance or exit, except an entrance or exit closed to the public and used solely for emergency egress pursuant to applicable state and local building and fire safety codes, that prohibits a person from exiting the building or structure occupied by such practice or establishment (i) onto an exterior sidewalk or public way or (ii) into a common area that is not under the control of either the optometry practice or the commercial or mercantile establishment, such as into the common areas of an enclosed shopping mall. For the purposes of this section, neither an optometric practice nor an ophthalmologic practice which sells eyeglasses or contact lenses ancillary to its practice shall be deemed a commercial or mercantile establishment. Further, any entity that is engaged in the sale of eyeglasses or contact lenses, the majority of the beneficial ownership of which is owned by an ophthalmologic practice and/or one or more ophthalmologists, shall not be deemed a commercial or mercantile establishment. E. This section shall not be construed to prohibit the rendering of professional services to the officers and employees of any person, firm or corporation by an optometrist, whether or not the compensation for such service is paid by the officers and employees, or by the employer, or jointly by all or any of them. Code 1950, §§ 54-388, 54-397.1; 1968, c. 505; 1976, c. 758; 1977, c. 161; 1979, c. 39; 1988, c. 765; 2005, cc. 711 , 720 .

Va. Code Ann. § 54.1-3205.1 Supervision by unlicensed persons prohibited

No optometrist shall be directly or indirectly supervised within the scope of the practice of optometry by any officer, employee, or agent of a commercial or mercantile establishment, as defined in subsection C of § 54.1-3205 , who is not a Virginia-licensed optometrist or physician. No officer, employee, or agent of a commercial or mercantile establishment, who is not a Virginia-licensed optometrist or physician, shall directly or indirectly control, dictate, or influence the professional judgment, including but not limited to the level or type of care or services rendered, of the practice of optometry by a licensed optometrist. 1990, c. 307.

Va. Code Ann. § 54.1-3206 Report of conviction or injunction to Board; revocation or suspension of license

It shall be the duty of the clerk of every circuit court in which any person is convicted of any violation of this chapter or enjoined from unlawfully practicing optometry to report the same to the Board. The Board may thereupon suspend or revoke any certificate or license held by the person so convicted or enjoined. Every such report shall be directed to the secretary of the Board. 1979, c. 39, § 54-398.02; 1988, c. 765.

Va. Code Ann. § 54.1-3207 Board of Optometry

The Board shall be composed of six members as follows: five licensed optometrists and one citizen member. Licensed optometrists appointed to the Board shall be individuals who, at the time of appointment, (i) have been engaged in the practice of optometry for at least five years, (ii) have met all requirements for practice as an optometrist set forth in this chapter and are qualified to engage in the full scope of the practice of optometry, and (iii) are actively engaged in the delivery of clinical care to patients. The terms of office of the members shall be four years. Code 1950, §§ 54-371, 54-375; 1979, c. 39; 1986, c. 464; 1988, cc. 42, 765; 1996, cc. 152 , 158 ; 2019, c. 340 .

Va. Code Ann. § 54.1-3208 Nominations

Nominations may be made for each professional vacancy from a list of at least three names submitted to the Governor by the Virginia Optometric Association, Incorporated. The Governor may notify the Association promptly of any professional vacancy other than by expiration and like nominations may be made for the filling of the vacancy. In no case shall the Governor be bound to make any appointment from among the nominees of the Association. Code 1950, § 54-372; 1986, c. 464; 1988, c. 765.

Va. Code Ann. § 54.1-3209 Oaths and testimony

Any member of the Board may, upon being designated by a majority of the Board, administer oaths or take testimony concerning any matter within the jurisdiction of the Board. Code 1950, § 54-377; 1988, c. 765.

Va. Code Ann. § 54.1-3210 Seal; executive director

The Board shall adopt a seal of which the executive director shall have the custody. The executive director shall keep a record of all proceedings of the Board, which shall be open to the public for inspection. Code 1950, § 54-378; 1988, c. 765.

Va. Code Ann. § 54.1-3211 Examination

The Board shall set the necessary standards to be attained in the examinations to entitle the candidate to receive a license to practice optometry. The Board may determine a score that it considers satisfactory on any written examination of the National Board of Examiners in Optometry. Those persons licensed on or before June 30, 1997, to practice optometry in the Commonwealth but not certified to administer diagnostic pharmaceutical agents may continue to practice optometry but may not administer diagnostic pharmaceutical agents without satisfying the requirements of this section. Those persons licensed after June 30, 1997, shall be considered as certified to administer diagnostic pharmaceutical agents. After June 30, 2004, every person who is initially licensed to practice optometry in the Commonwealth shall meet the qualifications for a TPA-certified optometrist. Code 1950, §§ 54-380 through 54-382; 1972, c. 824; 1973, c. 90; 1988, c. 765; 1996, cc. 365 , 436 ; 2004, c. 744 ; 2023, c. 268 .

Va. Code Ann. § 54.1-3212 Qualifications of applicants

An application for a license to practice optometry shall be made in writing and shall be accompanied by satisfactory proof that the applicant has been graduated and received a doctor of optometry degree from a school of optometry approved by the Board. Code 1950, § 54-382; 1972, c. 824; 1973, c. 90; 1988, c. 765.

Va. Code Ann. § 54.1-3213 License to practice optometry; requirements; renewal; fees

A. Every candidate successfully passing the examination shall be licensed by the Board if such candidate possesses the qualifications required by law and regulation to practice optometry. B. In order to be qualified for licensure as an optometrist, every applicant shall demonstrate competency for certification to prescribe for and treat diseases or abnormal conditions of the human eye and its adnexa with therapeutic pharmaceutical agents (TPAs). Requirements for TPA certification shall include: 1. Satisfactory completion of such didactic and clinical training programs for the treatment of diseases and abnormal conditions of the eye and its adnexa as are determined to be reasonable and necessary by the Board to ensure an appropriate standard of medical care for patients; and 2. Passage of such examinations as are determined to be reasonable and necessary by the Board to ensure an appropriate standard of medical care for patients. C. Every license to practice optometry granted under the provisions of this chapter shall be renewed at such time, in such manner, and upon payment of such fees as the Board may prescribe. Code 1950, §§ 54-383, 54-393, 54-394; 1970, c. 341; 1976, c. 32; 1977, c. 161; 1979, c. 39; 1988, c. 765; 2023, c. 268 .

Va. Code Ann. § 54.1-3215 Board actions; reprimand, suspension, revocation, etc

The Board may refuse to admit an applicant to any examination; refuse to grant or renew a license or certificate; reprimand, place on probation, or impose a monetary penalty on a licensee; or impose such terms as it may designate, suspend for a stated period of time, or revoke any license or certificate for any of the following causes: 1. Fraud or deceit in his practice; 2. Conviction of any felony under the laws of the Commonwealth, another state, the District of Columbia, or any United States possession or territory or of any misdemeanor under such laws involving moral turpitude; 3. Conducting his practice in such a manner as to endanger the health and welfare of his patients or the public; 4. Use of alcohol or drugs to the extent such use renders him unsafe to practice optometry or mental or physical illness rendering him unsafe to practice optometry; 5. Knowingly and willfully employing an unlicensed person to do anything for which a license to practice optometry is required; 6. Neglecting or refusing to display his license for the current year; 7. Obtaining of any fee by fraud or misrepresentation or the practice of deception or fraud upon any patient; 8. Advertising that directly or indirectly deceives, misleads, or defrauds the public, claims professional superiority, or offers free optometrical services or examinations; 9. Employing, procuring, or inducing a person not licensed to practice optometry to so practice; 10. Aiding or abetting in the practice of optometry any person not duly licensed to practice in the Commonwealth; 11. Advertising, practicing, or attempting to practice optometry under a name other than one's own name as set forth on the license; 12. Lending, leasing, renting, or in any other manner placing his license at the disposal or in the service of any person not licensed to practice optometry in the Commonwealth; 13. Splitting or dividing a fee with any person or persons other than with a licensed optometrist who is a legal partner or comember of a professional limited liability company formed to engage in the practice of optometry; 14. Practicing optometry where any officer, employee, or agent of a commercial or mercantile establishment, as defined in subsection C of § 54.1-3205 , who is not licensed in the Commonwealth to practice optometry or medicine directly or indirectly controls, dictates, or influences the professional judgment, including but not limited to the level or type of care or services rendered, of the licensed optometrist; 15. Violating other standards of conduct as adopted by the Board; 16. Violating, assisting, inducing, or cooperating with others in violating any provisions of law relating to the practice of optometry, including the provisions of this chapter or of any regulation of the Board. Code 1950, § 54-388; 1968, c. 505; 1976, c. 758; 1977, c. 161; 1979, c. 39; 1988, c. 765; 1990, c. 307; 1992, c. 574; 1999, c. 937 ; 2023, c. 268 .

Va. Code Ann. § 54.1-3219 Continuing education

A. As a prerequisite to renewal of a license or reinstatement of a license, each optometrist shall be required to complete 20 hours of continuing education relating to optometry, as approved by the Board, each year. A licensee who completes more than 20 hours of continuing education in a year shall be allowed to carry forward up to 10 hours of continuing education for the next annual renewal cycle. The courses shall include, but need not be limited to, the utilization and application of new techniques, scientific and clinical advances, and new achievements of research. The Board shall prescribe criteria for approval of courses of study. Fulfillment of education requirements shall be certified to the Board upon a form provided by the Board and shall be submitted by each licensed optometrist at the time he applies to the Board for the renewal of his license. The Board may waive individual requirements in cases of certified illness or undue hardship. B. Of the 20 hours of continuing education relating to optometry required pursuant to subsection A: 1. At least 10 hours shall be obtained through real-time, interactive activities, including in-person or electronic presentations, provided that during the course of the presentation, the licensee and the lecturer may communicate with one another; 2. No more than two hours may consist of courses related to recordkeeping, including coding for diagnostic and treatment devices and procedures or the management of an optometry practice, provided that such courses are not primarily for the purpose of augmenting the licensee's income or promoting the sale of specific instruments or products; and 3. For TPA-certified optometrists, at least 10 hours shall be in the areas of ocular and general pharmacology, diagnosis and treatment of the human eye and its adnexa, including treatment with new pharmaceutical agents, or new or advanced clinical devices, techniques, modalities, or procedures. C. Nothing in this section shall prevent or limit the authority of the Board to require additional hours or types of continuing education as part or in lieu of disciplinary action. 1976, c. 32, § 54-394.1; 1988, c. 765; 2016, c. 89 ; 2023, c. 268 .

Va. Code Ann. § 54.1-3221 "Diagnostic pharmaceutical agents" defined; utilization; acquisition

A. Optometrists certified to administer diagnostic pharmaceutical agents or optometrists licensed after June 30, 1997, may administer diagnostic pharmaceutical agents only by topical application to the human eye. For purposes of this section, "diagnostic pharmaceutical agents" means Schedule VI controlled substances as set forth in the Drug Control Act (§ 54.1-3400 et seq.) that are used for the purpose of examining and determining abnormal or diseased conditions of the human eye or related structures. B. Any optometrist who utilizes diagnostic pharmaceutical agents without being certified to administer diagnostic pharmaceutical agents or licensed after June 30, 1997, shall be subject to the disciplinary sanctions provided in this chapter. C. Licensed drug suppliers or pharmacists are authorized to supply optometrists with diagnostic pharmaceutical agents upon presentation of evidence of Board certification for administration of such drugs or an optometrist license issued after June 30, 1997. 1983, c. 6, § 54-386.2; 1988, c. 765; 1992, c. 146; 2004, c. 744 ; 2023, c. 268 .

Va. Code Ann. § 54.1-3222 TPA certification; certification for treatment of diseases or abnormal conditions with therapeutic pharmaceutical agents (TPAs)

TPA certification shall enable an optometrist to prescribe and administer, within his scope of practice, Schedule II controlled substances consisting of hydrocodone in combination with acetaminophen and Schedules III through VI controlled substances and devices as set forth in the Drug Control Act (§ 54.1-3400 et seq.) to treat diseases and abnormal conditions of the human eye and its adnexa as determined by the Board, within the following conditions: 1. Treatment with oral therapeutic pharmaceutical agents shall be limited to (i) analgesics included on Schedule II controlled substances as defined in § 54.1-3448 of the Drug Control Act (§ 54.1-3400 et seq.) consisting of hydrocodone in combination with acetaminophen, and analgesics included on Schedules III through VI, as defined in §§ 54.1-3450 and 54.1-3455 of the Drug Control Act, which are appropriate to alleviate ocular pain and (ii) other Schedule VI controlled substances as defined in § 54.1-3455 of the Drug Control Act appropriate to treat diseases and abnormal conditions of the human eye and its adnexa. 2. Therapeutic pharmaceutical agents shall include topically applied Schedule VI drugs as defined in § 54.1-3455 of the Drug Control Act (§ 54.1-3400 et seq.). 3. Administration of therapeutic pharmaceutical agents by injection shall be limited to the treatment of chalazia by means of injection of a steroid included in Schedule VI controlled substances as set forth in § 54.1-3455 of the Drug Control Act (§ 54.1-3400 et seq.). A TPA-certified optometrist shall provide written evidence to the Board that he has completed a didactic and clinical training course provided by an accredited school or college of optometry that includes training in administration of TPAs by injection prior to administering TPAs by injection pursuant to this subdivision. 4. Treatment of angle closure glaucoma shall be limited to initiation of immediate emergency care. 5. Treatment of infantile or congenital glaucoma shall be prohibited. 6. Treatment through surgery or other invasive modalities shall not be permitted, except as provided in subdivision 3 or for treatment of emergency cases of anaphylactic shock with intramuscular epinephrine. 7. Entities permitted or licensed by the Board of Pharmacy to distribute or dispense drugs, including, but not limited to, wholesale distributors and pharmacists, shall be authorized to supply TPA-certified optometrists with therapeutic pharmaceutical agents. 1996, cc. 152 , 158 ; 2004, c. 744 ; 2015, c. 355 ; 2018, c. 280 ; 2023, c. 268 ; 2025, cc. 391 , 408 .

Va. Code Ann. § 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. 2026, cc. 929 , 941 .

Va. Code Ann. § 54.1-3223 Regulations relating to therapeutic pharmaceutical agents

The Board shall promulgate such regulations governing the treatment of diseases and abnormal conditions of the human eye and its adnexa with therapeutic pharmaceutical agents by TPA-certified optometrists as are reasonable and necessary to ensure an appropriate standard of medical care for patients, including, but not limited to, determinations of the diseases and abnormal conditions of the human eye and its adnexa that may be treated by TPA-certified optometrists and treatment guidelines. Such regulations and amendments thereto shall be exempt from the requirements of the Administrative Process Act (§ 2.2-4000 et seq.), except to any extent that they may be specifically made subject to §§ 2.2-4024 , 2.2-4030 , and 2.2-4031 ; the Board's regulations shall, however, comply with § 2.2-4103 of the Virginia Register Act (§ 2.2-4100 et seq.). The Board shall, however, conduct a public hearing prior to making amendments to the treatment guidelines or the determinations of diseases and abnormal conditions of the eye and its adnexa that may be treated by TPA-certified optometrists. Thirty days prior to conducting such hearing, the Board shall give written notice by mail or electronic means of the date, time, and place of the hearing to all currently TPA-certified optometrists and any other persons requesting to be notified of the hearings and publish notice of its intention to amend the regulations in the Virginia Register of Regulations. During the public hearing, interested parties shall be given reasonable opportunity to be heard and present information prior to final adoption of any amendments. Proposed and final amendments shall also be published, pursuant to § 2.2-4031 , in the Virginia Register of Regulations. 1996, cc. 152 , 158 ; 2004, c. 744 ; 2023, c. 268 ; 2025, cc. 391 , 408 .

Va. Code Ann. § 54.1-3224 Denial, etc., of TPA certification; disciplinary actions; summary suspension under certain circumstances

A. The Board of Optometry may deny, refuse to renew, revoke, or suspend any TPA-certificate issued to a TPA-certified optometrist, or applied for by a licensed optometrist in accordance with the provisions of this article, or may discipline or reprimand any certificate holder for violations of this chapter or the Board's regulations. B. The Board may take action summarily to suspend a TPA-certified optometrist's certification under this section by means of a telephone conference call if, in the opinion of a majority of the Board, (i) a good faith effort to convene a regular meeting of the Board has failed and (ii) there is an imminent danger to the public health or safety which warrants this action. 1996, cc. 152 , 158 .

Va. Code Ann. § 54.1-3225 Certification to perform laser surgery

A. The Board shall certify an optometrist to perform laser surgery consisting of peripheral iridotomy, selective laser trabeculoplasty, and YAG capsulotomy for the medically appropriate and recognized treatment of the human eye through revision, destruction, or other structural alteration of the tissue of the eye using laser technology upon submission by the optometrist of evidence satisfactory to the Board that he: 1. Is certified by the Board to prescribe for and treat diseases or abnormal conditions of the human eye and its adnexa with therapeutic pharmaceutical agents pursuant to § 54.1-3222 ; and 2. Has satisfactorily completed such didactic and clinical training programs provided by an accredited school or college of optometry that includes training in the use of lasers for the medically appropriate and recognized treatment of the human eye as the Board may require. B. The Board shall indicate on any license issued pursuant to this chapter to an optometrist certified to perform laser surgery pursuant to this section that the optometrist is so certified. 2022, cc. 16 , 17 .
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/title54.1/chapter32/Fetched: 10/16/2026
Va. Code Ann. tit. 54.1, ch. 32 | Code of Virginia (Aug. 2026 snapshot) — Virginia | Corpus