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California optometry board adopts rule allowing radio‑frequency devices for dry‑eye treatment
Summary
The California State Board of Optometry voted to adopt a regulation authorizing licensed optometrists to use radio‑frequency technology to treat dry eye related to meibomian gland dysfunction after reviewing a 15‑day public comment period that produced mixed views.
The California State Board of Optometry voted unanimously to adopt a regulation authorizing licensed optometrists to use radio‑frequency (RF) technology to treat dry eye caused by meibomian gland dysfunction.
The board adopted a motion to approve the proposed responses to comments and to instruct the executive officer to take all steps necessary to complete the rulemaking process, including allowing the executive officer to make technical or non‑substantive changes and to adopt section 1572 as noticed in the modified text. Member Klepa made the motion. In a roll‑call vote the board recorded seven ayes and the motion passed.
Why it matters: The new regulation changes the scope of practice for California optometrists by specifically authorizing the clinical use of RF devices for a subset of patients with dry eye disease. The board had previously approved the initial regulatory proposal on May 30, 2024, and amended the text after further comment and review.
What the board heard: Executive Officer Gregory Pruden summarized the rulemaking history, noting the original 45‑day comment period, a subsequent board review on Feb. 14 and a modified proposal approved on April 11 that then circulated in a 15‑day comment period (April 18–May 5). Pruden told the board it received three comments during the 15‑day period: two letters in opposition (from the California Academy of Eye Physicians and Surgeons and the California Medical Association) and one in support (from the California Optometric Association).
The board also heard public comment from Lucas Evanston speaking for the California Medical Association, who argued that "RF technology alters tissue through neocologenesis. And because of that, the use of RF technology constitutes surgery under the California Optometry Practice Act and is excluded from the practice of optometry." Member Klepa also commented on the record, saying the submission "cites 2 various cases, which seems to support the board's position," attributing value to counsel's analysis.
Board action and implementation: The motion adopted the proposed responses to comments, authorized the executive officer to complete the rulemaking package and to make technical, non‑substantive edits, and to adopt Title 16, California Code of Regulations, Article 11.5, Section 1572 as noticed in the modified text. The board recorded a roll call with Member Sue, Member Clepa, Dr. Pruett, Dr. Wong, Dr. Bragg, Vice President Linden and President Jeffrey Garcia each voting aye; the board announced the motion passed.
Background and next steps: The adopted regulation follows a multi‑stage rulemaking process that included two public comment periods and internal revisions. The executive officer will file the final rulemaking documents and make any permissible technical adjustments before finalization. The board will continue standard regulatory implementation tasks and may provide additional guidance to licensees during future meetings.
The board adjourned and noted its next meeting on July 11.
