75R9434 GJH-F
By Janek H.B. No. 3195
Substitute the following for H.B. No. 3195:
By Berlanga C.S.H.B. No. 3195
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of optometry.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1.02, Texas Optometry Act (Article
1-5 4552-1.02, Vernon's Texas Civil Statutes), is amended by adding
1-6 Subsection (11) to read as follows:
1-7 (11) "Ophthalmic assistant" means an individual who
1-8 works in the office of and is employed by a licensed optometrist or
1-9 therapeutic optometrist and who performs a delegated act that
1-10 constitutes the practice of optometry under the supervision,
1-11 direction, and responsibility of the delegating licensed
1-12 optometrist or therapeutic optometrist.
1-13 SECTION 2. Section 2.14, Texas Optometry Act (Article
1-14 4552-2.14, Vernon's Texas Civil Statutes), is amended by adding
1-15 Subsection (c) to read as follows:
1-16 (c) The board by rule shall establish guidelines consistent
1-17 with this Act regarding the types of acts that an optometrist or a
1-18 therapeutic optometrist may delegate, including a determination as
1-19 to which delegated acts, if any, require competency testing before
1-20 a person may perform the act. The board may adopt and enforce
1-21 rules that require the registration of an ophthalmic assistant.
1-22 SECTION 3. Section 5.11(g), Texas Optometry Act (Article
1-23 4552-5.11, Vernon's Texas Civil Statutes), is amended to read as
1-24 follows:
2-1 (g) This section shall not apply where the manufacturer,
2-2 wholesaler, or retailer of ophthalmic goods is a licensed
2-3 optometrist, therapeutic optometrist, or physician or legal entity
2-4 100 percent owned and controlled by one or more licensed
2-5 optometrists, therapeutic optometrists, or physicians[; however,
2-6 the exception set forth in this subsection shall not apply where
2-7 the optometrist, therapeutic optometrist, or legal entity has
2-8 offices at more than three locations].
2-9 SECTION 4. Section 5.13, Texas Optometry Act (Article
2-10 4552-5.13, Vernon's Texas Civil Statutes), is amended by adding
2-11 Subsections (k) and (l) to read as follows:
2-12 (k) The delegating optometrist or therapeutic optometrist is
2-13 responsible for a delegated act performed by an ophthalmic
2-14 assistant. Except as provided by Subsection (f) of this section, a
2-15 licensed optometrist or therapeutic optometrist may delegate to a
2-16 qualified and properly trained ophthalmic assistant acting under
2-17 the optometrist's or therapeutic optometrist's supervision an act
2-18 that a reasonable and prudent optometrist or therapeutic
2-19 optometrist would find is within the scope of sound judgment to
2-20 delegate if:
2-21 (1) the delegating optometrist or therapeutic
2-22 optometrist believes that the act can be properly and safely
2-23 performed by the person to whom the act is delegated;
2-24 (2) the act is performed in its customary manner;
2-25 (3) the performance of the delegated act is not in
2-26 violation of this Act or any other statute; and
2-27 (4) the individual to whom the act is delegated does
3-1 not claim to be authorized to practice optometry or therapeutic
3-2 optometry.
3-3 (l) A licensed optometrist or therapeutic optometrist may
3-4 not delegate:
3-5 (1) an act to an individual if the board has
3-6 prohibited the individual from performing the act; or
3-7 (2) any of the following acts to a person not licensed
3-8 as an optometrist or a therapeutic optometrist:
3-9 (A) a comprehensive examination;
3-10 (B) a diagnosis;
3-11 (C) the planning of a treatment;
3-12 (D) the prescription of a drug or medication;
3-13 and
3-14 (E) any other act that the board has prohibited
3-15 from being delegated.
3-16 SECTION 5. The Texas Optometry Act (Article 4552, Vernon's
3-17 Texas Civil Statutes) is amended by adding Section 5.22 to read as
3-18 follows:
3-19 Sec. 5.22. PERMITTED PROFESSIONAL ENTITIES. (a) Except as
3-20 prohibited by Section 5.13(b) or (c) of this Act or Section
3-21 3.07(c), Medical Practice Act (Article 4495b, Vernon's Texas Civil
3-22 Statutes), a licensed optometrist or therapeutic optometrist and a
3-23 physician may form a partnership organized under the Texas Uniform
3-24 Partnership Act (Article 6132b, Vernon's Texas Civil Statutes), a
3-25 limited partnership organized under the Texas Revised Limited
3-26 Partnership Act (Article 6132a-1, Vernon's Texas Civil Statutes), a
3-27 limited liability company organized under the Texas Limited
4-1 Liability Company Act (Article 1528n, Vernon's Texas Civil
4-2 Statutes), or other legal entity organized for the sole purpose of
4-3 owning physical facilities or equipment for the delivery of health
4-4 care services and management, or of leasing, renting, or otherwise
4-5 acquiring the use of physical facilities or equipment for the
4-6 delivery of health care services and management or the use of
4-7 nonphysician and nonoptometrist personnel for the delivery of those
4-8 services.
4-9 (b) Only a licensed optometrist, therapeutic optometrist, or
4-10 physician may have an ownership interest in an entity authorized
4-11 under Subsection (a) of this section, except that an agreement
4-12 between an individual with an ownership interest and the entity may
4-13 provide for the payment of money, over a reasonable time, to the
4-14 owner's estate for the benefit of the owner's heir or personal
4-15 representative, beneficiary, or former spouse after the owner's
4-16 death or as otherwise provided by law or court order.
4-17 SECTION 6. This Act takes effect September 1, 1997.
4-18 SECTION 7. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.