SRC-JXG S.B. 390 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 390
76R1812 SMH-FBy: Madla
Health Services
5/10/1999
As Filed


DIGEST 

Currently, there is no cure for glaucoma, and if left untreated, this
disease causes blindness.  One of every 30 Texans over the age of 40 has
untreated glaucoma.  In Texas, there are only 73 counties with resident
ophthalmologists and 142 counties with resident optometrists. Therapeutic
optometrists must pass a nationally certified examination that tests their
knowledge of the diagnosis and treatment of glaucoma.  Forty-two states in
the United States have certified their optometrists, based on the above
educational system and national examination, to treat glaucoma.
Additionally, in 1996, the Texas Department of Health requested the
Attorney General's office to interpret the definition of surgery under the
Texas Optometry Act.  The Attorney General found the definition of surgery
to comport with its ordinary meaning.  S.B. 390 would allow therapeutic
optometrists to treat glaucoma, and would require in order to do so, to
receive additional education, examination, and other certain requirements.
S.B. 390 would require the Attorney General's interpretation of the word
surgery.  

PURPOSE

As proposed, S.B. 390 regulates the practice of therapeutic optometry.

RULEMAKING AUTHORITY

Rulemaking authority is granted to Texas Optometry Board in SECTION 1
(Section 1.03(e), V.T.C.S.) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 1.03(b) and (d)-(g), Article 4552-1.03,
V.T.C.S., (Texas Optometry Act), as follows: 

(b) Authorizes a therapeutic optometrist to administer and prescribe any
appropriate medication, device, or nonsurgical procedure for diagnosing and
treating diseases of the human vision system, including the eye and adnexa.
Deletes text on ophthalmic devices, over-the-counter oral medications, and
topical pharmaceutical agents. Makes a conforming change. 

(d) Prohibits a therapeutic optometrist from administering or prescribing
oral or parenteral medications or treating glaucoma without holding a
certificate issued by the Texas Optometry Board (board). Requires a
therapeutic optometrist to complete certain instruction and pass an
examination, in order to obtain a certificate. 

(e) Requires the board to adopt rules setting forth the specific
classifications of pharmaceutical agents. Requires the board, by rule, to
specify the professional designation of a therapeutic optometrist certified
under Subsection (d) of this section. Deletes text regarding a technical
advisory committee. Makes a conforming change. 

 (f) Makes a conforming change.

SECTION 2. Amends Section 1.02, Article 4552-1.02, V.T.C.S., by adding
Subdivision (11), to define "surgery" and "surgical procedure." 
 
SECTION 3. Emergency clause.
           Effective date: upon passage.