IML C.S.H.B. 3195 75(R) BILL ANALYSIS PUBLIC HEALTH C.S.H.B. 3195 By: Janek 4-30-97 Committee Report (Substituted) BACKGROUND The practice of optometry is regulated by the Texas Optometry Board pursuant to the provisions of the Texas Optometry Act. However, the Act has shortcomings; it imposes certain restrictions upon optometrists who have offices at more than three locations, does not provide for the coownership of certain business entities with physicians, and does not authorize optometrists to delegate certain acts to ophthalmic assistants. PURPOSE CSHB 3195 amends the Texas Optometry Act so as to (1) remove the practice limitations which apply to certain optometrists, therapeutic optometrists, or physicians, who manufacture, wholesale, or retail ophthalmic goods and have offices at three or more locations, (2) authorize co-ownership of certain business entities by optometrists and physicians, and (3) permit optometrist to delegate the performance of certain tasks to a qualified ophthalmic assistant. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants rulemaking authority to the Texas Optometry Board in SECTION 2 (Section 2.14(c), Texas Optometry Act, Article 4552-2.14, V.T.C.S.). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1.02, Texas Optometry Act (Article 4552-1.02, V.T.C.S.), by adding Subsection (11) to define "Ophthalmic assistant." SECTION 2. Amends Section 2.14, Texas Optometry Act (Article 4552-2.14, V.T.C.S.), by adding Subsection (c) requiring the Texas Optometry Board (board) to establish guidelines regarding the types of acts that an optometrist or a therapeutic optometrist may delegate; allowing the board to adopt and enforce rules requiring registration of ophthalmic assistants. SECTION 3. Amends Section 5.11(g), Texas Optometry Act (Article 4552-5.11, V.T.C.S.), by deleting certain limiting language, thereby broadening the exemption set forth in this subsection as specified. SECTION 4. Amends Section 5.13, Texas Optometry Act (Article 4552-5.13, V.T.C.S.), by adding Subsections (k) and (l) as follows: Subsection (k) establishes that the optometrist or therapeutic optometrist is responsible for a delegated act performed by an ophthalmic assistant. Certain acts may be delegated if a reasonable and prudent optometrist or therapeutic optometrist would find that it is within the scope of sound judgment to delegate as specified. Subsection (l) prohibits a licensed optometrist or therapeutic optometrist from delegating certain acts. SECTION 5. Amends the Texas Optometry Act (Article 4552, V.T.C.S.), by adding Section 5.22, PERMITTED PROFESSIONAL ENTITIES, allowing a licensed optometrist or therapeutic optometrist and a physician to form a partnership, limited partnership, limited liability company, or certain other legal entities under Texas law, and to have an ownership interest in such entity as specified in Subsection (b), except as prohibited by this Act or the Medical Practice Act. SECTION 6. Effective date is September 1, 1997. SECTION 7. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. CSHB 3195 adds the definition of "Ophthalmic assistant," incorporating the applicable language from SECTION 3 of the original, because the original was not drafted by the Legislative Council. SECTION 2. CSHB 3195 amends Section 2.14, Texas Optometry Act, to give the board the rulemaking authority necessary to implement this Act. SECTION 3. CSHB 3195 incorporates SECTION 1 of the original bill. SECTION 4. CSHB 3195 redrafts and renumbers SECTION 3 of the original bill per standard Legislative Council drafting procedures. No substantive changes are made. SECTION 5. CSHB 3195 redrafts and renumbers language from SECTION 2 of the original bill into proper Legislative Council form, citing the applicable Texas laws, without making any substantive changes.