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H.B. No. 1025
AN ACT
relating to the powers and duties of the Texas Optometry Board and
to contact lens prescriptions and the dispensing of contact lenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS OPTOMETRY BOARD
SECTION 1.001. Section 351.004, Occupations Code, is
amended to read as follows:
Sec. 351.004. SUNSET PROVISION. The Texas Optometry Board
is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
board is abolished and this chapter expires September 1, 2017
[September 1, 2005].
SECTION 1.002. The heading to Section 351.053, Occupations
Code, is amended to read as follows:
Sec. 351.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS;
CONFLICTS OF INTEREST.
SECTION 1.003. Section 351.053, Occupations Code, is
amended by adding Subsections (c) and (d) to read as follows:
(c) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive, administrative,
or professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the federal
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health care;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health care.
(d) In this section, "Texas trade association" means a
cooperative and voluntarily joined statewide association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
SECTION 1.004. Section 351.055, Occupations Code, is
amended to read as follows:
Sec. 351.055. OFFICERS. (a) The governor shall designate a
member of the board as the presiding officer of the board to serve
in that capacity at the pleasure of the governor.
(b) The board shall elect [a presiding officer,] an
assistant presiding officer[,] and a secretary-treasurer every two
years.
SECTION 1.005. Sections 351.056(a) and (d), Occupations
Code, are amended to read as follows:
(a) It is a ground for removal from the board that a member:
(1) does not have at the time of taking office
[appointment] the qualifications required by Sections 351.051 and
351.052;
(2) does not maintain during service on the board the
qualifications required by Sections 351.051 and[,] 351.052[, and
351.053]; [or]
(3) is ineligible for membership under Section 351.051
or 351.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) without an excuse approved by a majority vote of
the board, is absent from more than [fails to attend at least] half
of the regularly scheduled board meetings that the member is
eligible to attend during [held in] a calendar year[, excluding
meetings held while the person was not a member].
(d) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists. [The attorney
general shall investigate a complaint to the attorney general that
a board member no longer has the qualifications required by
Sections 351.051, 351.052, and 351.053. If the attorney general
determines that there is reason to believe the complaint is valid,
the attorney general shall institute suit in a Travis County
district court to have the member removed from office.]
SECTION 1.006. Subchapter B, Chapter 351, Occupations Code,
is amended by adding Section 351.0585 to read as follows:
Sec. 351.0585. CERTAIN REPORTS REQUIRED AT REGULAR
MEETINGS. The board shall receive a report regarding complaints at
each board meeting.
SECTION 1.007. Sections 351.059(b), (c), and (d),
Occupations Code, are amended to read as follows:
(b) A person who is appointed to and qualifies for office as
[Before] a board member may not vote, deliberate, or be counted as a
member in attendance at a board meeting until [assume] the person
completes a [member's duties and be confirmed by the senate, the
member must complete at least one course of the] training program
that complies with this section [established under Subsection (a)].
(c) The training program [established under Subsection (a)]
must provide the person with information [to a participant]
regarding:
(1) the legislation that created the board and the
legislation that created the Contact Lens Prescription Act [this
chapter];
(2) the board's programs, [operated by the board;
[(3) the role and] functions, [of the board;
[(4) the] rules, and [of the board with an emphasis on
the rules that relate to disciplinary and investigatory authority;
[(5) the current] budget;
(3) [for the board;
[(6)] the results of the most recent formal audit of
the board;
(4) [(7)] the requirements of laws relating to open
meetings, public information, administrative procedures, and
conflicts-of-interest [Chapters 551, 552, 2001, and 2002,
Government Code]; and
(5) [(8) the requirements of the conflict of interest
laws and other laws relating to public officials; and
[(9)] any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(d) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
travel expenses incurred in attending a training program under this
section, regardless of whether the attendance at the program occurs
before or after the person qualifies for office. [If another state
agency or entity is authorized to establish training requirements,
the board shall allow that training instead of developing its own
program, and each member shall comply with those training
requirements.]
SECTION 1.008. Section 351.105, Occupations Code, is
amended to read as follows:
Sec. 351.105. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate [define]
the policy-making [respective] responsibilities of the board and
the management responsibilities of the executive director and the
staff of the board.
SECTION 1.009. Subchapter D, Chapter 351, Occupations Code,
is amended by adding Section 351.1575 to read as follows:
Sec. 351.1575. INSPECTION OF PREMISES AND REVIEW OF RECORDS
AUTHORIZED. (a) The board, at any time and without notice during
regular business hours, may:
(1) enter and inspect a facility operated by a person
engaged in any activity regulated under this chapter; and
(2) to the extent allowed by federal law, inspect and
review any record, including a patient record, maintained by a
person engaged in any activity regulated under this chapter.
(b) The board may enter and inspect a facility or inspect
and review any record under Subsection (a) as necessary to:
(1) ensure compliance with this chapter; or
(2) investigate a complaint made to the board.
SECTION 1.010. Subchapter D, Chapter 351, Occupations Code,
is amended by adding Sections 351.168 and 351.169 to read as
follows:
Sec. 351.168. TECHNOLOGICAL SOLUTIONS POLICY REQUIRED. The
board shall implement a policy requiring the board to use
appropriate technological solutions to improve the board's ability
to perform its functions. The policy must ensure that the public is
able to interact with the board on the Internet.
Sec. 351.169. ALTERNATIVE RULEMAKING AND DISPUTE
RESOLUTION. (a) The board shall develop and implement a policy to
encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
SECTION 1.011. Section 351.203, Occupations Code, is
amended by adding Subsection (c) to read as follows:
(c) The board shall make information available describing
the procedures established by the board relating to complaint
investigation and resolution.
SECTION 1.012. Subchapter E, Chapter 351, Occupations Code,
is amended by adding Sections 351.2035 and 351.2036 to read as
follows:
Sec. 351.2035. COMPLAINTS RESULTING FROM INSPECTIONS. (a)
The board shall handle as a complaint any violation of this chapter
or a rule adopted by the board that is discovered during an
inspection conducted under Section 351.1575(b)(1).
(b) The board shall investigate and dispose of a complaint
described by Subsection (a) in the same manner that the board
investigates and disposes of other complaints made under this
chapter.
Sec. 351.2036. PROCEDURE FOR PROCESSING COMPLAINTS. (a)
The board may delegate to board staff the authority to dismiss or
enter into an agreed settlement of a complaint that does not
directly relate to patient care and the investigation or
disposition of which does not require expertise in optometry or
therapeutic optometry. The disposition determined by board staff
must be approved by the board at a public meeting.
(b) A complaint delegated under this section shall be
referred to an informal settlement conference under Section 351.507
if:
(1) the board staff determines that the complaint
should not be dismissed or settled; or
(2) the board staff is unable to reach an agreed
settlement.
(c) A complaint that is directly related to patient care or
the investigation or disposition of which requires expertise in
optometry or therapeutic optometry shall be reviewed by two board
members who are optometrists or therapeutic optometrists who shall:
(1) dismiss the complaint if both board members agree
that the complaint should be dismissed; or
(2) refer the complaint to an informal settlement
conference under Section 351.507.
SECTION 1.013. Section 351.204, Occupations Code, is
amended to read as follows:
Sec. 351.204. RECORDS OF COMPLAINTS. (a) The board shall
maintain a system to act promptly and efficiently on [keep an
information file about] each complaint filed with the board. The
board shall maintain information concerning [information file must
be kept current and contain a record for each complaint of]:
(1) parties [each person contacted in relation] to the
complaint;
(2) the subject matter [a summary of findings made at
each step] of the complaint [process];
(3) a summary of the results of the review or
investigation [an explanation of the legal basis and reason for any
dismissal] of the complaint;
(4) the disposition of the complaint [schedule
required under Section 351.205 and a notation of any change in the
schedule]; and
(5) other relevant information.
(b) The board shall periodically notify parties to the
complaint of the status of the complaint until the board finally
disposes of the complaint. [If a written complaint is filed with
the board that the board has authority to resolve, the board, at
least quarterly and until final disposition of the complaint, shall
notify the parties to the complaint of the status of the complaint
unless notice would jeopardize an undercover investigation.]
SECTION 1.014. Section 351.205, Occupations Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) The board shall adopt rules that prescribe a method
for prioritizing complaints for purposes of complaint
investigation and disposition. The rules adopted under this
subsection must:
(1) place the highest priority on complaints that
allege conduct that:
(A) violates the standard of professional care
and judgment of an optometrist or therapeutic optometrist, as
applicable;
(B) involves professional misconduct; or
(C) potentially threatens public health or
safety; and
(2) place a lower priority on complaints that are not
described by Subdivision (1).
SECTION 1.015. Section 351.256(a), Occupations Code, is
amended to read as follows:
(a) The examination must consist of written[, oral,] or
practical tests in subjects regularly taught in recognized
accredited colleges of optometry, including:
(1) practical, theoretical, and physiological optics;
(2) theoretical and practical optometry; and
(3) the anatomy, physiology, and pathology of the eye
as applied to optometry.
SECTION 1.016. Section 351.304(b), Occupations Code, is
amended to read as follows:
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a [the required]
renewal fee [and a fee] that is equal to the sum of one and one-half
times the annual renewal [half of the license examination] fee set
by the board under Section 351.152 and the additional fee required
by Section 351.153. If a person's license has been expired for more
than 90 days but less than one year, the person may renew the
license by paying to the board a renewal fee [all unpaid renewal
fees and a fee] that is equal to the sum of two times the annual
renewal [license examination] fee set by the board under Section
351.152 and the additional fee required by Section 351.153.
SECTION 1.017. Section 351.306(b), Occupations Code, is
amended to read as follows:
(b) The person must pay to the board a fee that is equal to
the amount of the [license examination] fee set by the board under
Section 351.153(a).
SECTION 1.018. Section 351.501, Occupations Code, is
amended by adding Subsection (c) to read as follows:
(c) Notwithstanding Subsection (a), the board may not, as
part of a disciplinary action, order a license holder to acquire a
license or certificate of a different or higher class or type than
the license holder holds at the time of the disciplinary action.
SECTION 1.019. Subchapter K, Chapter 351, Occupations Code,
is amended by adding Section 351.5015 to read as follows:
Sec. 351.5015. TEMPORARY SUSPENSION OR RESTRICTION OF
LICENSE. (a) The board shall appoint a three-member disciplinary
panel consisting of board members to determine whether a license
issued to a person under this chapter should be temporarily
suspended or restricted.
(b) If the disciplinary panel determines from the evidence
presented to the panel that a license holder would, by the person's
continuation in the practice of optometry or therapeutic optometry,
constitute a continuing threat to the public welfare, the
disciplinary panel shall temporarily suspend or restrict the
license holder's license.
(c) The disciplinary panel may temporarily suspend or
restrict a license under this section without notice or hearing if:
(1) the board immediately provides notice of the
suspension or restriction to the license holder; and
(2) a hearing before the disciplinary panel concerning
the temporary suspension or restriction is scheduled for the
earliest possible date following the suspension or restriction.
(d) Notwithstanding Chapter 551, Government Code, the
disciplinary panel may hold a meeting by telephone conference call
if immediate action is required and convening of the panel at one
location is inconvenient for any member of the disciplinary panel.
(e) After the hearing described by Subsection (c)(2), if the
disciplinary panel affirms the temporary suspension or restriction
of the license holder's license, the board shall schedule an
informal settlement conference that meets the requirements of
Section 2001.054(c), Government Code, to be held as soon as
practicable, unless the license holder waives the informal
settlement conference or an informal settlement conference has
already been held with regard to the issues that are the basis for
the temporary suspension or restriction.
(f) If the license holder is unable to show compliance at
the informal settlement conference regarding the issues that are
the basis for the temporary suspension or restriction, a board
representative shall file a charge under Section 351.503 as soon as
practicable.
(g) If after the hearing described by Subsection (c)(2) the
disciplinary panel does not temporarily suspend or restrict the
license holder's license, the facts that were the basis for the
temporary suspension or restriction may not be the sole basis for
another proceeding to temporarily suspend or restrict the license
holder's license. The board may use those same facts in a
subsequent investigation to obtain new information that may be the
basis for the temporary suspension or restriction of the license
holder's license. For purposes of this subsection, facts that are
the basis for the temporary suspension or restriction of a license
holder's license include facts presented to the disciplinary panel
and facts presented by the board or a representative of the board at
the time evidence was presented to the disciplinary panel.
SECTION 1.020. Section 351.507, Occupations Code, is
amended to read as follows:
Sec. 351.507. INFORMAL PROCEEDINGS; INFORMAL SETTLEMENT
CONFERENCE AND REFUNDS. (a) The board by rule shall adopt
procedures governing:
(1) informal disposition of a contested case under
Section 2001.056, Government Code; and
(2) an informal proceeding held in compliance with
Section 2001.054, Government Code.
(b) The board by rule shall establish procedures by which a
panel of board members may conduct an informal settlement
conference to resolve a complaint against a person licensed under
this chapter.
(c) Procedures established under Subsection (b) must:
(1) require that at least one board member who
represents the public be included in the panel conducting the
conference;
(2) require that the two board members who reviewed
and investigated a complaint under Section 351.2036(c) be included
in the panel conducting the conference;
(3) require the panel conducting the conference to use
the standardized penalty schedule adopted by the board under
Section 351.552(c) to determine the appropriate disciplinary
action, if any, to recommend to the board;
(4) require a complaint settlement recommended by the
panel to be approved by the board; and
(5) require the panel conducting the conference to:
(A) recommend settlement of the complaint to the
board; or
(B) refer the complaint to the State Office of
Administrative Hearings for a formal hearing and notify the board
of the referral.
(d) The board may order a person licensed under this chapter
to issue a refund to a patient as provided in an agreement resulting
from an informal settlement conference instead of or in addition to
assessing an administrative penalty against the person under
Subchapter L. The amount of a refund ordered under this subsection
may not exceed the amount the patient paid to the license holder for
an examination. The board may not require payment of other damages
or estimate harm in a restitution order.
(e) Rules adopted under this section must:
(1) provide the complainant and the license holder
with an opportunity to be heard; and
(2) require the presence of the attorney general to
advise the board or the board's employees.
SECTION 1.021. Subchapter K, Chapter 351, Occupations Code,
is amended by adding Section 351.508 to read as follows:
Sec. 351.508. RECUSAL REQUIRED. A member of the board who
reviews and investigates a complaint under Section 351.2036(c) or
participates in an informal settlement conference under Section
351.507 may not vote on any disciplinary action following the
informal settlement conference concerning the complaint and shall
recuse himself or herself from voting on any disciplinary action
following the informal settlement conference concerning the
complaint.
SECTION 1.022. Section 351.552, Occupations Code, is
amended by adding Subsection (c) to read as follows:
(c) The board by rule shall develop and publish a
standardized penalty schedule based on the criteria listed in
Subsection (b).
SECTION 1.023. Subchapter M, Chapter 351, Occupations Code,
is amended by adding Section 351.608 to read as follows:
Sec. 351.608. CEASE AND DESIST ORDER. (a) If it appears to
the board that a person is engaging in an act or practice that
constitutes the practice of optometry or therapeutic optometry
without a license or certificate under this chapter, the board,
after notice and opportunity for a hearing, may issue a cease and
desist order prohibiting the person from engaging in the activity.
(b) Notwithstanding Section 351.551, the board may impose
an administrative penalty under Subchapter L against a person who
violates an order issued under this section.
ARTICLE 2. CONTACT LENS PRESCRIPTION ACT
SECTION 2.001. Section 353.002, Occupations Code, is
amended by amending Subdivisions (1) and (2) and adding Subdivision
(2-a) to read as follows:
(1) "Board" means the executive commissioner of the
Health and Human Services Commission or the Department of State
Health Services, as consistent with the respective duties of the
executive commissioner or department under the laws of this state
[Texas Board of Health].
(2) "Department" means the Department of State Health
Services or the Health and Human Services Commission, as consistent
with the respective duties of those agencies under the laws of this
state [Texas Department of Health].
(2-a) "Direct communication" includes communication
by telephone, facsimile, or electronic mail.
SECTION 2.002. Section 353.004(a), Occupations Code, is
amended to read as follows:
(a) The board and the Texas Optometry Board shall prepare
and provide to the public and appropriate state agencies
information regarding the release and verification of contact lens
prescriptions.
SECTION 2.003. Subchapter A, Chapter 353, Occupations Code,
is amended by adding Section 353.005 to read as follows:
Sec. 353.005. RULES. (a) The executive commissioner of the
Health and Human Services Commission shall adopt rules, including
rules that require a person dispensing contact lenses to maintain
certain information when verifying a prescription under Section
353.1015, as necessary to:
(1) govern and implement verification procedures
under Section 353.1015; and
(2) enter into interagency and other agreements to
implement and enforce this chapter.
(b) The executive commissioner of the Health and Human
Services Commission and the Texas Optometry Board shall each adopt
rules relating to contact lens prescriptions and the dispensing of
contact lenses, including rules that allow for interagency
agreements, as necessary to implement and enforce this chapter.
(c) In implementing rules under Subsection (b), the
executive commissioner of the Health and Human Services Commission
and the Texas Optometry Board:
(1) shall cooperate with one another as necessary to
adopt rules that are consistent with the rules adopted by the other
agency; and
(2) may consult with the Texas State Board of Medical
Examiners and the Texas State Board of Pharmacy.
SECTION 2.004. Section 353.101, Occupations Code, is
amended to read as follows:
Sec. 353.101. PROHIBITED SELLING OR DISPENSING. (a) A
person, other than the prescribing physician, optometrist, or
therapeutic optometrist, may not fill a contact lens prescription
or sell or dispense contact lenses to a consumer in this state
unless the person:
(1) receives from the prescribing physician,
optometrist, or therapeutic optometrist or the consumer, directly
or by facsimile, a [an original] contact lens prescription that has
not expired and that conforms to the requirements of this chapter;
or
(2) verifies by direct communication a contact lens
prescription to be filled.
(b) A person receiving a direct communication under
Subsection (a)(2) shall maintain a record of the communication.
SECTION 2.005. Subchapter C, Chapter 353, Occupations Code,
is amended by adding Section 353.1015 to read as follows:
Sec. 353.1015. VERIFICATION PROCEDURE. (a) When seeking
verification of a contact lens prescription, a person dispensing
contact lenses shall provide the prescribing physician,
optometrist, or therapeutic optometrist with the following
information:
(1) the patient's full name and address;
(2) contact lens power, manufacturer, base curve or
appropriate designation, and diameter, as appropriate;
(3) quantity of lenses ordered;
(4) the date on which the patient requests lenses to be
dispensed;
(5) the date and time of the verification request; and
(6) the name, telephone number, and facsimile number
of a person at the contact lens dispenser's company with whom to
discuss the verification.
(b) A prescription is considered verified under this
section if:
(1) the prescribing physician, optometrist, or
therapeutic optometrist by a direct communication confirms that the
prescription is accurate;
(2) the prescribing physician, optometrist, or
therapeutic optometrist informs the person dispensing the contact
lenses that the prescription is inaccurate and provides the correct
prescription information; or
(3) the prescribing physician, optometrist, or
therapeutic optometrist fails to communicate with the person
dispensing the contact lenses not later than the eighth business
hour after the prescribing physician, optometrist, or therapeutic
optometrist receives from the person dispensing the contact lenses
the request for verification or within another similar period
specified by rule.
(c) If a prescribing physician, optometrist, or therapeutic
optometrist timely informs the person dispensing the contact lenses
that the prescription is inaccurate or invalid, the person may not
dispense the contact lenses.
(d) If a prescribing physician, optometrist, or therapeutic
optometrist notifies the person dispensing the contact lenses that
the prescription is inaccurate or invalid, the prescribing
physician, optometrist, or therapeutic optometrist shall:
(1) specify the basis for the inaccuracy or invalidity
of the prescription; and
(2) correct the prescription.
SECTION 2.006. Sections 353.103 and 353.104, Occupations
Code, are amended to read as follows:
Sec. 353.103. AUTHORIZED MODIFICATION OF PRESCRIPTION. (a)
If a patient presents a contact lens prescription to be filled or
asks a permit holder to verify a contact lens prescription under
Section 353.1015, but requests that fewer than the total number of
lenses authorized by the prescription be dispensed, the person
dispensing the lenses shall note on the prescription or
verification:
(1) the number of lenses dispensed;
(2) the number of lenses that remain eligible to be
dispensed under the prescription; and
(3) the name, address, telephone number, and license
or permit number of the person dispensing the lenses.
(b) A notation under Subsection (a) is a permanent
modification of the prescription. Except as provided by this
subsection, a contact lens prescription may not be modified.
(c) The [Subject to Subsection (d), the] person dispensing
the lenses shall:
(1) maintain a photocopy of the [original signed]
prescription or verification, as modified, in the person's records
as if the copy were the [original] prescription to be filled; and
(2) return a [the original] prescription to the
patient so that the patient may have the additional lenses
dispensed elsewhere.
[(d) When a prescription has been completely filled, the
person dispensing the lenses shall retain the original prescription
in the person's records until the fifth anniversary of the date the
prescription is completely filled.
[(e) The board by rule may permit a contact lens
prescription required to be maintained under this chapter to be
scanned into a computer and the original paper prescription
destroyed.]
Sec. 353.104. EMERGENCY REFILL. (a) If a patient needs an
emergency refill of the patient's contact lens prescription, a
physician, optometrist, or therapeutic optometrist may telephone
or fax the prescription to a person authorized to dispense contact
lenses under Section 353.051 or may verify a prescription under
Section 353.1015.
(b) A [The person filling the prescription shall maintain a
copy of the fax or telephone record as if the record were an
original signed prescription.
[(c) The] fax or telephone record received under Subsection
(a) must include the name, address, telephone number, and license
number of the physician, optometrist, or therapeutic optometrist.
SECTION 2.007. Subchapter C, Chapter 353, Occupations Code,
is amended by adding Section 353.105 to read as follows:
Sec. 353.105. ALTERATION OF PRESCRIPTION PROHIBITED. (a)
Except as provided by Subsection (b) and Section 353.103, a person
dispensing contact lenses may not alter a contact lens
prescription.
(b) A person dispensing contact lenses may fill a contact
lens prescription that requires a contact lens manufactured by a
particular company with another lens manufactured by that company
if the lens required by the prescription and the lens with which the
prescription is filled are the same lens but are sold by the company
under multiple labels to different contact lens dispensers.
SECTION 2.008. Section 353.151(a), Occupations Code, is
amended to read as follows:
(a) If a physician's directions, instructions, or orders
are to be performed or a physician's prescription is to be filled by
an optician who is independent of the physician's office, the
directions, instructions, orders, or prescription must be:
(1) in writing or verified under Section 353.1015;
(2) of a scope and content and communicated to the
optician in a form and manner that, in the professional judgment of
the physician, best serves the health, safety, and welfare of the
physician's patient; and
(3) in a form and detail consistent with the optician's
skill and knowledge.
SECTION 2.009. Section 353.152, Occupations Code, is
amended to read as follows:
Sec. 353.152. REQUIREMENTS FOR CONTACT LENS PRESCRIPTION.
(a) A contact lens prescription must [be written and must] contain,
at a minimum:
(1) the patient's name;
(2) the date the prescription was issued;
(3) the manufacturer of the contact lens to be
dispensed, if needed;
(4) the expiration date of the prescription;
(5) the [original] signature of the physician,
optometrist, or therapeutic optometrist or a verification of the
prescription described by Section 353.1015;
(6) [if the prescription is for disposable contact
lenses, the total number of lenses authorized to be issued under the
prescription and the recommended lens replacement interval;
[(7)] if the prescription is issued by an optometrist,
specification information required by Texas Optometry Board rule;
and
(7) [(8)] if the prescription is issued by a
physician, specification information required by Texas State Board
of Medical Examiners rule.
(b) The Texas Optometry Board and the Texas State Board of
Medical Examiners may adopt rules regarding the contents of a
prescription for contact lenses.
SECTION 2.010. Section 353.156, Occupations Code, is
amended to read as follows:
Sec. 353.156. PATIENT ACCESS TO PRESCRIPTION; TIMING. (a)
A physician, optometrist, or therapeutic optometrist who performs
an eye examination and fits a patient for contact lenses shall:
(1) [, on request,] prepare and give a contact lens
prescription to the patient; and
(2) as directed by any person designated to act on
behalf of the patient, provide the prescription or verify the
prescription as provided by Section 353.1015.
(b) If the [patient requests the] contact lens prescription
results from [during] an initial or annual eye examination, the
physician, optometrist, or therapeutic optometrist shall prepare
and give the prescription to the patient at the time the physician,
optometrist, or therapeutic optometrist determines the parameters
of the prescription.
(c) On receipt of a prescription request from a patient who
did not [request or] receive an original contact lens prescription
during an initial or annual eye examination, the physician,
optometrist, or therapeutic optometrist shall provide the patient
with the prescription at any time during which the prescription is
valid. Except as provided by Section 353.158(1), if [If] the
patient requests the physician, optometrist, or therapeutic
optometrist to deliver the prescription to the patient or to
another person, the physician, optometrist, or therapeutic
optometrist may charge to the patient the cost of delivery.
SECTION 2.011. Section 353.158, Occupations Code, is
amended to read as follows:
Sec. 353.158. PROHIBITED ACTION BY PHYSICIAN, OPTOMETRIST,
OR THERAPEUTIC OPTOMETRIST. A physician, optometrist, or
therapeutic optometrist may not:
(1) charge a patient a fee in addition to or as part of
the examination fee and fitting fee as a condition for issuing or
verifying [giving] a contact lens prescription [to the patient]; or
(2) condition the availability to a patient of an eye
examination, a fitting for contact lenses, the issuance or
verification of a contact lens prescription, or a combination of
those services on a requirement that the patient agree to purchase
contact lenses or other ophthalmic goods from the physician,
optometrist, or therapeutic optometrist or from a specific
ophthalmic dispenser.
ARTICLE 3. EFFECTIVE DATE; TRANSITION
SECTION 3.001. The executive commissioner of the Health and
Human Services Commission, the Texas Optometry Board, the Texas
State Board of Medical Examiners, and the Texas State Board of
Pharmacy shall adopt the rules required by this Act not later than
March 1, 2006.
SECTION 3.002. The Texas Optometry Board shall have the
procedure for processing complaints under Section 351.2036,
Occupations Code, as added by this Act, and the informal settlement
conference under Section 351.507, Occupations Code, as amended by
this Act, fully operational not later than September 1, 2006.
SECTION 3.003. The changes in law made by Sections 351.053,
351.056, and 351.059, Occupations Code, as amended by this Act,
regarding the prohibitions on or qualifications of members of the
Texas Optometry Board do not affect the entitlement of a member
serving on the board immediately before September 1, 2005, to
continue to serve and function as a member of the board for the
remainder of the member's term. The changes in law made by those
sections apply only to a member appointed on or after September 1,
2005.
SECTION 3.004. The changes in law made by this Act related
to the filing or investigation of a complaint under Chapter 351,
Occupations Code, as amended by this Act, apply only to a complaint
filed with the Texas Optometry Board on or after the effective date
of this Act. A complaint filed before the effective date of this
Act is governed by the law as it existed immediately before that
date, and the former law is continued in effect for that purpose.
SECTION 3.005. The change in law made by this Act with
respect to conduct that is grounds for imposition of a disciplinary
sanction, including a refund, temporary license suspension, or
cease and desist order, applies only to conduct that occurs on or
after the effective date of this Act. Conduct that occurs before
the effective date of this Act is governed by the law in effect on
the date the conduct occurred, and the former law is continued in
effect for that purpose.
SECTION 3.006. Sections 351.501(c) and 351.508,
Occupations Code, as added by this Act, apply only to a disciplinary
hearing that commences on or after the effective date of this Act. A
disciplinary hearing that commences before the effective date of
this Act is governed by the law in effect at the time the
disciplinary hearing commences, and that law is continued in effect
for that purpose.
SECTION 3.007. The Texas Optometry Board shall appoint the
three-member panel required under Section 351.5015, Occupations
Code, as added by this Act, not later than March 1, 2006.
SECTION 3.008. The changes in law made by this Act to
Chapter 353, Occupations Code, relating to the presentation and
verification of a contact lens prescription apply only to a
prescription that is presented or verified on or after March 1,
2006. A contact lens prescription that is presented or verified
before March 1, 2006, is governed by the law in effect at the time
the prescription is presented or verified, and that law is
continued in effect for that purpose.
SECTION 3.009. The executive commissioner of the Health and
Human Services Commission and the Department of State Health
Services shall have the procedure for contact lens prescription
verification under Section 353.1015, Occupations Code, as added by
this Act, fully operational not later than March 1, 2006.
SECTION 3.010. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1025 was passed by the House on April
6, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1025 was passed by the Senate on May
5, 2005, by the following vote: Yeas 29, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor