By: Madla S.B. No. 144 73R150 JMM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of a therapeutic optometrist to act as a 1-3 practitioner under the Texas Controlled Substances Act. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 481.002(39), Health and Safety Code, is 1-6 amended to read as follows: 1-7 (39) "Practitioner" means: 1-8 (A) a physician, dentist, veterinarian, 1-9 podiatrist, scientific investigator, therapeutic optometrist, or 1-10 other person licensed, registered, or otherwise permitted to 1-11 distribute, dispense, analyze, conduct research with respect to, or 1-12 administer a controlled substance in the course of professional 1-13 practice or research in this state; 1-14 (B) a pharmacy, hospital, or other institution 1-15 licensed, registered, or otherwise permitted to distribute, 1-16 dispense, conduct research with respect to, or administer a 1-17 controlled substance in the course of professional practice or 1-18 research in this state; or 1-19 (C) a person practicing in and licensed by 1-20 another state as a physician, dentist, veterinarian, or podiatrist, 1-21 having a current Federal Drug Enforcement Administration 1-22 registration number, who may legally prescribe Schedule II, III, 1-23 IV, or V controlled substances in that state. 1-24 SECTION 2. Section 481.074, Health and Safety Code, is 2-1 amended by adding Subsection (j) to read as follows: 2-2 (j) A pharmacist requested to dispense a controlled 2-3 substance under a prescription issued by a therapeutic optometrist 2-4 shall determine, through the exercise of the pharmacist's 2-5 professional judgment, whether the prescription is for a controlled 2-6 substance that a therapeutic optometrist is authorized to prescribe 2-7 under Section 1.03, Texas Optometry Act (Article 4552-1.01 et seq., 2-8 Vernon's Texas Civil Statutes). 2-9 SECTION 3. This Act takes effect September 1, 1993. 2-10 SECTION 4. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three several 2-14 days in each house be suspended, and this rule is hereby suspended.