By Coleman                                      H.B. No. 2091

      75R7441 JMM-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of the practice of therapeutic

 1-3     optometry.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 1.02(7) and (8), Texas Optometry Act

 1-6     (Article 4552-1.02, Vernon's Texas Civil Statutes), are amended to

 1-7     read as follows:

 1-8                 (7)  The "practice of therapeutic optometry" means the

 1-9     employment of objective or subjective means for the purpose of

1-10     ascertaining and measuring the powers of vision of the human eye,

1-11     examining and diagnosing visual defects, abnormal conditions, and

1-12     diseases of the human eye and adnexa, prescribing or fitting lenses

1-13     or prisms to correct or remedy a defect or abnormal condition of

1-14     vision, administering or prescribing a drug or physical treatment

1-15     in the manner authorized by this Act, and treating the visual

1-16     system, including the eye and adnexa as authorized by this Act

1-17     [without the use  of surgery or laser surgery].  The practice of

1-18     therapeutic optometry does not include the use of surgery or laser

1-19     surgery except as specifically authorized by this Act.

1-20                 (8)  "Adnexa" means the lids and drainage system of the

1-21     eye and related structures.

1-22           SECTION 2.  Section 1.03, Texas Optometry Act (Article

1-23     4552-1.03, Vernon's Texas Civil Statutes), is amended by amending

1-24     Subsections (b) and (d)-(g) and adding Subsection (h) to read as

 2-1     follows:

 2-2           (b)  A therapeutic optometrist may administer, perform, or

 2-3     [and] prescribe ophthalmic devices, procedures, and appropriate

 2-4     medications  administered by [over-the-counter oral medications,

 2-5     and] topical, oral, or parenteral means [ocular pharmaceutical

 2-6     agents, other than  antiviral agents and antiglaucoma agents,] for

 2-7     the purpose of diagnosing and treating visual defects, abnormal

 2-8     conditions, and diseases of the human vision system, including the

 2-9     eye and adnexa [and may remove superficial foreign matter and

2-10     eyelashes from the external eye or adnexa.  If a therapeutic

2-11     optometrist utilizes topical steroids of a strength of one percent

2-12     concentration to treat a condition and the condition has not

2-13     substantially improved within seven days of the initial topical

2-14     steroid application, the therapeutic optometrist shall consult with

2-15     an ophthalmologist and the ophthalmologist shall then establish the

2-16     treatment regimen.  If a therapeutic optometrist utilizes topical

2-17     steroids of a strength of less than one percent concentration to

2-18     treat a condition and the condition has not substantially improved

2-19     within 14 days of the initial topical steroid application, the

2-20     therapeutic optometrist shall consult with an ophthalmologist and

2-21     the ophthalmologist shall then establish the treatment regimen.

2-22     This subsection does not authorize an optometrist to treat glaucoma

2-23     in a manner that was not permitted by law on August 31, 1991].

2-24           (d)  The board shall adopt rules setting forth the specific

2-25     classifications of pharmaceutical agents therapeutic optometrists

2-26     may use in the practice of therapeutic optometry.  Use by a

2-27     therapeutic  optometrist of pharmaceutical agents not authorized by

 3-1     the board or otherwise authorized by law shall constitute a

 3-2     violation of this Act.

 3-3           (e)  [A five-member technical advisory committee is created

 3-4     to assist the board in determining the specific pharmaceutical

 3-5     agents which may be used in the practice of therapeutic optometry.

 3-6     Appointments to the committee shall be for two-year terms, and no

 3-7     member may serve more than two consecutive terms.]

 3-8           [(f)  The members of the technical advisory committee shall

 3-9     be appointed as follows:  one must be an optometrist or therapeutic

3-10     optometrist licensed and practicing in this state, appointed by the

3-11     Texas Optometry Board;  one must be a physician licensed and

3-12     practicing in this state whose practice is limited to

3-13     ophthalmology, appointed by the Texas State Board of Medical

3-14     Examiners;  one must be a pharmacist licensed and practicing

3-15     pharmacy in this state, appointed by the Texas State Board of

3-16     Pharmacy;  one must be a faculty member at a state medical

3-17     institution of higher education with expertise in pharmacology,

3-18     appointed by the Texas State Board of Medical Examiners;  and one

3-19     must be a faculty member of a college of optometry at a state

3-20     institution of higher education, appointed by the Texas Optometry

3-21     Board.]

3-22           [(g)]  A therapeutic optometrist is subject to the same

3-23     standard of professional care and judgment as a person practicing

3-24     as an ophthalmologist under the Medical Practice Act (Article

3-25     4495b, Vernon's Texas Civil Statutes).

3-26           (f)  A therapeutic optometrist may not perform surgery

3-27     unless:

 4-1                 (1)  the board has established the educational

 4-2     standards and the credentials required to perform the particular

 4-3     surgical procedure; and

 4-4                 (2)  the therapeutic optometrist has met the

 4-5     requirements established by the board for the procedure.

 4-6           (g)  A therapeutic optometrist may not perform cataract

 4-7     surgery or other open globe surgery.  For the purposes of this

 4-8     subsection, "open globe surgery" means a surgical procedure that

 4-9     opens the globe of the eye and exposes an internal chamber of the

4-10     eye to the outside atmosphere.

4-11           (h)  A therapeutic optometrist may not perform radial

4-12     keratotomy surgery.

4-13           SECTION 3.  Article 1, Texas Optometry Act (Article 4552-1.01

4-14     et seq., Vernon's Texas Civil Statutes), is amended by adding

4-15     Section 1.04 to read as follows:

4-16           Sec. 1.04.  STUDY REGARDING LASER SURGERY.  (a)  The

4-17     University of Houston College of Optometry shall conduct a study

4-18     analyzing the safety, efficacy, and cost-effectiveness of laser

4-19     surgery performed by therapeutic optometrists.

4-20           (b)  A therapeutic optometrist may not perform laser surgery

4-21     except under the direct supervision of an ophthalmologist as part

4-22     of the study conducted by the University of Houston College of

4-23     Optometry under this section.

4-24           (c)  The University of Houston College of Optometry shall

4-25     submit to the presiding officer of each house of the legislature

4-26     not later than January 1 of each year a written report that

4-27     evaluates the safety, efficacy, and cost-effectiveness of laser

 5-1     surgery performed by therapeutic optometrists.

 5-2           SECTION 4.  The importance of this legislation and the

 5-3     crowded condition of the calendars in both houses create an

 5-4     emergency and an imperative public necessity that the

 5-5     constitutional rule requiring bills to be read on three several

 5-6     days in each house be suspended, and this rule is hereby suspended,

 5-7     and that this Act take effect and be in force from and after its

 5-8     passage, and it is so enacted.