Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Janek                                        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.  Amend Article 4552-5.11, Revised Statutes, by

 1-5     amending Subsection (g) to read as follows:

 1-6           (g)  This section shall not apply where the manufacturer,

 1-7     wholesaler, or retailer of ophthalmic goods is a licensed

 1-8     optometrist, therapeutic optometrist, or physician or legal entity

 1-9     100 percent owned and controlled by one or more licensed

1-10     optometrists, therapeutic optometrists, or physicians [however, the

1-11     exception set forth in this subsection shall not apply where the

1-12     optometrist, therapeutic optometrist, or legal entity has offices

1-13     at more than three locations].

1-14           SECTION 2.  Amend chapter 10, Title 71, Revised Statutes, by

1-15     adding a new Article 4552-5.22 to read as follows:

1-16           Art. 4552-5.22.  A licensed optometrist and/or therapeutic

1-17     optometrist may participate with a physician or physicians in the

1-18     formation and co-ownership of a partnership, limited liability

1-19     partnership or other legal entity organized for the purpose of

1-20     ownership, leasing, rental, or other similar arrangement of

1-21     physical facilities, equipment, administrative, supervisory, or

1-22     other non-physician personnel utilized for the delivery of health

1-23     care services and management thereof provided:

1-24                 (1)  there is no fee splitting as otherwise prohibited

 2-1     by law;

 2-2                 (2)  non-physicians are not permitted to control or

 2-3     participate in the ownership of a medical practice; and

 2-4                 (3)  such joint ownership is not otherwise expressly

 2-5     prohibited by statute.

 2-6           SECTION 3.  Amend Article 4552-5.12, Revised Statutes, by

 2-7     adding a new Subsection (k) to read as follows:

 2-8           (k)  An ophthalmic assistant is one who is employed by and

 2-9     works in the office of a licensed optometrist or therapeutic

2-10     optometrist and who performs one or more delegated acts which

2-11     constitute the practice of optometry under the supervision,

2-12     direction, and responsibility of such optometrist or therapeutic

2-13     optometrist.  Notwithstanding any other provision of this Act, a

2-14     person licensed to practice optometry may delegated to any

2-15     qualified and properly trained ophthalmic assistant acting under

2-16     the optometrist's or therapeutic optometrist's supervision any act

2-17     that a reasonable and prudent optometrist or therapeutic

2-18     optometrist would find is within the scope or sound professional

2-19     judgment to delegate if, in the opinion of the delegating

2-20     optometrist or therapeutic optometrist, the act can be properly and

2-21     safely performed by the person to whom the act is delegated and the

2-22     act is performed in its customary manner, not in violation of this

2-23     Act or any other statute, and the person to whom the act is

2-24     delegated does not hold himself out to the public as being

2-25     authorized to practice optometry.  However, a licensed optometrist

2-26     or therapeutic optometrist may not:

2-27                 (1)  delegate an act to an individual who, by order of

2-28     the Board, is prohibited from performing the act;

2-29                 (2)  delegate the performance of any of the following

2-30     acts to a person not licensed as an optometrist or therapeutic

 3-1     optometrist:

 3-2                       (a)  comprehensive examination or diagnosis and

 3-3     treatment planning;

 3-4                       (b)  the prescription of a drug or medication; or

 3-5                       (c)  any other act the delegation of which is

 3-6     prohibited by the rules of the Board.

 3-7           The delegating optometrist or therapeutic optometrist shall

 3-8     remain responsible for a delegated act performed by an ophthalmic

 3-9     assistant.  The Board shall by rule establish guidelines not

3-10     inconsistent with this Act regarding the types of professional acts

3-11     that may be properly or safely delegated by an optometrist or

3-12     therapeutic optometrist, including a determination as to which

3-13     delegated acts, if any, require competency testing before a person

3-14     may perform the act.  The Board may adopt and enforce rules not

3-15     inconsistent with the laws of this state that require the

3-16     registration of an ophthalmic assistant as necessary to protect the

3-17     public health and safety.

3-18           SECTION 4.  This Act takes effect September 1, 1997.

3-19           SECTION 5.  The importance of this legislation and the

3-20     crowded condition of the calendars in both houses create an

3-21     emergency and an imperative public necessity that the

3-22     constitutional rule requiring bills to be read on three separate

3-23     days in both houses be suspended, and that this rule is hereby

3-24     suspended.