By:  Ratliff                                 S.B.  No. 624

         97S0438/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the regulation of therapeutic optometry.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Subdivisions (7) and (8), Section 1.02, Texas

 1-4     Optometry Act (Article 4552-1.02, Vernon's Texas Civil Statutes),

 1-5     are amended to read as follows:

 1-6                 (7)  The "practice of therapeutic optometry" means the

 1-7     employment of objective or subjective means for the purpose of

 1-8     ascertaining and measuring the powers of vision of the human eye,

 1-9     examining and diagnosing visual defects, abnormal conditions, and

1-10     diseases of the human eye and adnexa, prescribing or fitting lenses

1-11     or prisms to correct or remedy a defect or abnormal condition of

1-12     vision, administering or prescribing a drug or physical treatment

1-13     in the manner authorized by this Act, and treating the visual

1-14     system, including the eye and adnexa, as authorized by this Act

1-15     [without the use of surgery or laser surgery].  The practice of

1-16     therapeutic optometry does not include the use of surgery or laser

1-17     surgery except as specifically authorized by Section 1.03(f) of

1-18     this Act.

1-19                 (8)  "Adnexa" means the lids and drainage system of the

1-20     eye and related structures.

1-21           SECTION 2.  Section 1.03, Texas Optometry Act (Article

1-22     4552-1.03, Vernon's Texas Civil Statutes), is amended to read as

1-23     follows:

 2-1           Sec. 1.03.  THERAPEUTIC OPTOMETRISTS.  (a)  A person may not

 2-2     engage in the practice of therapeutic optometry without holding a

 2-3     license issued by the Texas Optometry Board.

 2-4           (b)  A therapeutic optometrist may administer, perform, or

 2-5     [and] prescribe ophthalmic devices, procedures, and appropriate

 2-6     medications administered by topical, oral, or parenteral means

 2-7     [over-the-counter oral medications, and topical ocular

 2-8     pharmaceutical agents, other than antiviral agents and antiglaucoma

 2-9     agents,] for the purpose of diagnosing and treating visual defects,

2-10     abnormal conditions, and diseases of the human vision system,

2-11     including the eye and adnexa [and may remove superficial foreign

2-12     matter and eyelashes from the external eye or adnexa.  If a

2-13     therapeutic optometrist utilizes topical steroids of a strength of

2-14     one percent concentration to treat a condition and the condition

2-15     has not substantially improved within seven days of the initial

2-16     topical steroid application, the therapeutic optometrist shall

2-17     consult with an ophthalmologist and the ophthalmologist shall then

2-18     establish the treatment regimen.  If a therapeutic optometrist

2-19     utilizes topical steroids of a strength of less than one percent

2-20     concentration to treat a condition and the condition has not

2-21     substantially improved within 14 days of the initial topical

2-22     steroid application, the therapeutic optometrist shall consult with

2-23     an ophthalmologist and the ophthalmologist shall then establish the

2-24     treatment regimen.  This subsection does not authorize an

2-25     optometrist to treat glaucoma in a manner that was not permitted by

 3-1     law on August 31, 1991].

 3-2           (c)  A therapeutic optometrist must satisfactorily complete

 3-3     the educational requirements established by board rule to be

 3-4     certified as a therapeutic optometrist.  These educational

 3-5     requirements must be provided by an entity approved by the board

 3-6     and must include an emphasis on the examination, diagnosis, and

 3-7     treatment of conditions of the human eye and adnexa.  The board by

 3-8     rule shall require successful completion of accredited academic and

 3-9     clinical courses in pharmacology and related pathology that are

3-10     approved by the board and that are determined by the board to be

3-11     equivalent in the total number of classroom hours to the

3-12     requirements for other health care professionals in this state who

3-13     may be licensed to use pharmaceutical agents, including dentists,

3-14     podiatrists, and physicians.

3-15           (d)  The board shall adopt rules setting forth the specific

3-16     classifications of pharmaceutical agents therapeutic optometrists

3-17     may use in the practice of therapeutic optometry.  Use by a

3-18     therapeutic optometrist of pharmaceutical agents not authorized by

3-19     the board or otherwise authorized by law shall constitute a

3-20     violation of this Act.

3-21           (e)  [A five-member technical advisory committee is created

3-22     to assist the board in determining the specific pharmaceutical

3-23     agents which may be used in the practice of therapeutic optometry.

3-24     Appointments to the committee shall be for two-year terms, and no

3-25     member may serve more than two consecutive terms.]

 4-1           [(f)  The members of the technical advisory committee shall

 4-2     be appointed as follows:  one must be an optometrist or therapeutic

 4-3     optometrist licensed and practicing in this state, appointed by the

 4-4     Texas Optometry Board; one must be a physician licensed and

 4-5     practicing in this state whose practice is limited to

 4-6     ophthalmology, appointed by the Texas State Board of Medical

 4-7     Examiners; one must be a pharmacist licensed and practicing

 4-8     pharmacy in this state, appointed by the Texas State Board of

 4-9     Pharmacy; one must be a faculty member at a state medical

4-10     institution of higher education with expertise in pharmacology,

4-11     appointed by the Texas State Board of Medical Examiners; and one

4-12     must be a faculty member of a college of optometry at a state

4-13     institution of higher education, appointed by the Texas Optometry

4-14     Board.]

4-15           [(g)]  A therapeutic optometrist is subject to the same

4-16     standard of professional care and judgment as a person practicing

4-17     as an ophthalmologist under the Medical Practice Act (Article

4-18     4495b, Vernon's Texas Civil Statutes).

4-19           (f)  The following surgical procedures may be performed by a

4-20     therapeutic optometrist:

4-21                 (1)  removal of superficial foreign bodies from the

4-22     external eye or adnexa;

4-23                 (2)  repair of superficial wounds of the external eye

4-24     or adnexa;

4-25                 (3)  removal or destruction of superficial lesions of

 5-1     the external eye or adnexa;

 5-2                 (4)  removal or drainage of chalazia or cysts of the

 5-3     external eye or adnexa;

 5-4                 (5)  removal or destruction of eyelashes, provided that

 5-5     such procedure is performed without the use of lasers;

 5-6                 (6)  closure of the lacrimal punctum, provided that

 5-7     such procedure is performed without the use of lasers;

 5-8                 (7)  dilation, irrigation, or probing of the lacrimal

 5-9     system; and

5-10                 (8)  other procedures designed to treat superficial

5-11     conditions of the external eye or adnexa for which specific Current

5-12     Procedural Terminology (CPT) codes were not in existence on

5-13     January 1, 1997, and which are specifically authorized by rule of

5-14     the board.

5-15           SECTION 3.  The importance of this legislation and the

5-16     crowded condition of the calendars in both houses create an

5-17     emergency and an imperative public necessity that the

5-18     constitutional rule requiring bills to be read on three several

5-19     days in each house be suspended, and this rule is hereby suspended,

5-20     and that this Act take effect and be in force from and after its

5-21     passage, and it is so enacted.