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.