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.