2026 SESSION

INTRODUCED

26101078D

SENATE BILL NO. 212

Offered January 14, 2026

Prefiled January 9, 2026

A BILL to amend the Code of Virginia by adding a section numbered 54.1-3222.1, relating to TPA-certified optometrists; sale and dispensation of Schedule VI controlled substances; requirements.

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Patrons—Boysko and Suetterlein

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Referred to Committee on Education and Health

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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 54.1-3222.1 as follows:

§ 54.1-3222.1. Sale of 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 sale and dispensation complies with the provisions of this section.

B. A TPA-certified optometrist shall not engage in selling a Schedule VI controlled substance unless he is licensed to do so by the Board of Pharmacy. 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.) and 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 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. Nothing in this section shall be construed to otherwise expand the administrative or prescriptive authority of a doctor of optometry.

E. The Board of Optometry, in consultation with the Board of Pharmacy, shall 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.

2. The Board of Optometry and the Board of Pharmacy shall promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment. The Board of Pharmacy's regulations shall include provisions for the issuance of a limited license consistent with the provisions of this act.