IML C.S.H.B. 2091 75(R)BILL ANALYSIS


PUBLIC HEALTH
C.S.H.B. 2091
By: Coleman
5-5-97
Committee Report (Substituted)

BACKGROUND 

Under Article 4552-1.02(1) of Vernon's Texas Civil Statutes, the practice
of optometry is defined as "...the employment of objective or subjective
means, with or without the use of topical ocular pharmaceutical agents,
for the purpose of ascertaining and measuring the powers of vision of the
human eye; examining and diagnosing visual defects, abnormal conditions,
and diseases of the human eye and adnexa; and prescribing or fitting
lenses or prisms to correct or remedy any defect or abnormal condition of
vision." 

Under current law, unless an optometrist is either a licensed physician, a
surgeon, or a therapeutic optometrist, he or she may not treat the eye for
any defect, prescribe any drug, or administer any physical treatment. 

Therapeutic optometrists have the same background as optometrists, except
they have some pharmacological training. Therapeutic optometry is similar
to the practice of optometry, except that a therapeutic optometrist may
administer or prescribe a drug or physical treatment to treat the eye and
adnexa, as long as he or she does not perform surgery or laser surgery.  

In 1991 the Legislature passed SB 774, authorizing therapeutic
optometrists who have met certain educational requirements to treat eye
diseases and disorders.  Prior to this legislation, therapeutic
optometrists were prohibited from using certain tools to treat diseases,
such as oral medications, anti-glaucoma and anti-viral medications, and
most surgical procedures.   

PURPOSE

CSHB 2091 expands the practice of therapeutic optometry, including surgery
under narrow circumstances.  The bill eliminates the current technical
advisory committee to the Texas Board of Optometry on appropriate drug
prescriptions.  A study is established to determine whether therapeutic
optometrists may safely perform laser surgery. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill amends the rulemaking
authority given to the Texas Optometry Board in SECTION 2 (Section
1.03(d), Texas Optometry Act (Article 4552-1.03, Vernon's Texas Civil
Statues)).  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1.02(7) and (8), Texas Optometry Act (Article
4552-1.02, V.T.C.S.), as follows: 

Subsection (7) amends the definition of "practice of therapeutic
optometry" by adding language clarifying that therapeutic optometrists
treat the "visual system."  Strikes "without the use of surgery or laser
surgery," and adds language indicating that the general prohibition
against the use of surgery or laser surgery is modified "as specifically
authorized by this Act." 

Subsection (8) amends the definition of "adnexa" by adding "related
structures." 

SECTION 2.  Amends Section 1.03, Texas Optometry Act (Article 4552-1.03,
V.T.C.S.), by  amending Subsections (b) and (d)-(g), and adding
Subsections (h)-(l) as follows: 

Subsection (b) allows therapeutic optometrists to administer, perform or
prescribe ophthalmic devices, procedures, and appropriate medications
administered by topical, oral, or parenteral means.  Additional language
is also added to clarify that optometrists may treat the vision system.
Prohibitions regarding limitations on the use of steroids, and
prohibitions on the treatment of glaucoma and anti-viral disease are
deleted, and the limitations set forth in Subsection (f) are referenced. 

Subsection (d) requires the optometry board to adopt rules setting forth
specific "classifications" of drugs which may be used.  This amendment
conforms to a recent attorney general opinion.   

Subsection (e) strikes all current language referencing the technical
advisory committee, and designates unamended Subsection (g) as Subsection
(e).     

Subsection (f) strikes language regarding the membership of the advisory
committee, and adds language allowing a therapeutic optometrist to
prescribe only specified classifications of oral pharmaceuticals. 

Subsection (g) allows a therapeutic optometrist to perform certain
treatment procedures if they are performed without the use of lasers. 

Subsection (h) requires a therapeutic optometrist to be certified by the
board as specified before a therapeutic optometrist is allowed to treat
glaucoma. 

Subsection (i) allows a therapeutic optometrist certified to treat
glaucoma to independently treat glaucoma with topical medications and
administer oral medications for emergency purposes only, and within a
specified duration.  Requires consultation with a physician under certain
specified situations, and requires the physician and therapeutic
optometrist to arrive at a comanagement plan. 

Subsection (j) requires the therapeutic optometrist to refer children
under 10 years of age with certain diagnoses to a physician. 

Subsection (k) prohibits a therapeutic optometrist from treating glaucoma
with surgery or laser surgery. 

Subsection (l) defines "surgery" and "surgical procedure."   

SECTION 3.  Amends Article 1, Texas Optometry Act (Article 4552-1.01 et
seq., V.T.C.S.) by adding Sec. 1.04, STUDY REGARDING LASER SURGERY, as
follows: 

Subsection (a) requires the University of Houston and The University of
Texas Health Science Center to conduct a study analyzing safety, efficacy
and cost effectiveness of laser surgery performed by therapeutic
optometrists.   

Subsection (b) requires the study to be governed by a project steering
committee. Requires the project steering committee to be responsible for
certain aspects of the study and to be appointed as specified.  

Subsection (c) requires the deans of both universities to jointly appoint
a principal investigator.  Requires the principal investigator to appoint
personnel, oversee the collection and analysis of data, and act as chair
of the project steering committee. 

Subsection (d) requires the study to be conducted under specific
guidelines. 

Subsection (e) requires the project steering committee to report to the
legislature as specified. 
 
Subsection (f) requires any report arising from this study to be provided
to the appropriate entity if HB 2216 becomes law. 

Subsection (g) prohibits a therapeutic optometrist from performing laser
surgery except under the direct supervision of an ophthalmologist as part
of the study conducted under this section.   

SECTION 4.  Emergency clause.  This Act is effective upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 2.  HB 2091 amended Subsections (f) and (g), and added Subsection
(h) dealing with therapeutic optometrists performing certain surgeries,
whereas CSHB 2091 amends Subsections (f) and (g), and adds Subsections
(h)-(l).   The bill as filed allowed optometrists to perform minor
surgeries approved by the optometry board.  The CSHB prohibits surgery by
therapeutic optometrists and defines "surgery" in accordance with a recent
Attorney General's opinion.  It itemizes certain non-surgical procedures.
The bill as filed allowed optometrists to treat glaucoma without
restriction.  The CSHB requires additional education and testing before
treating glaucoma, requires consultation with a physician before
prescribing oral glaucoma medications, requires consultation and
co-management with a physician if a patient is not responding to glaucoma
treatment, and requires referral to a physician for certain types of
glaucoma.  The bill as filed allowed optometrists to prescribe any
appropriate oral medication.  The CSHB restricts oral medications to 5
specific classes.   

SECTION 3.  HB 2091 called for a laser study conducted by the University
of Houston College of Optometry to determine whether optometrists can
safely perform laser procedures.   CSHB 2091 requires the study to be
jointly conducted by The University of Houston and the University of Texas
Health Science Center, and adds Subsections (d)-(f) relating to the study.
CSHB 2091 also adds Subsection (g) prohibiting a therapeutic optometrist
from performing laser surgery except under direct supervision of an
ophthalmologist as part of the study.