76R12635 JMM-F                           
         By Brimer, Van de Putte, Walker, Maxey                H.B. No. 1051
         Substitute the following for H.B. No. 1051:
         By Gray                                           C.S.H.B. No. 1051
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of the practice of therapeutic
 1-3     optometry.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 1.02, Texas Optometry Act (Article
 1-6     4552-1.02, Vernon's Texas Civil Statutes), is amended by amending
 1-7     Subdivision (7) and adding Subdivision (11) to read as follows:
 1-8                 (7)  The "practice of therapeutic optometry" means the
 1-9     employment of objective or subjective means for the purpose of
1-10     ascertaining and measuring the powers of vision of the human eye,
1-11     examining and diagnosing visual defects, abnormal conditions, and
1-12     diseases of the human eye and adnexa, prescribing or fitting lenses
1-13     or prisms to correct or remedy a defect or abnormal condition of
1-14     vision, administering or prescribing a drug or physical treatment
1-15     in the manner authorized by this Act, and treating the visual
1-16     system, including the eye and adnexa as authorized by this Act
1-17     [without the use of surgery or laser surgery].  The practice of
1-18     therapeutic optometry does not include the use of surgery or laser
1-19     surgery.
1-20                 (11)  "Surgery" means any procedure using instruments,
1-21     including lasers, scalpels, or needles, in which human tissue is
1-22     cut, burned, vaporized, or otherwise altered by any mechanical
1-23     means, laser, or ionizing radiation.  The term includes procedures
1-24     using instruments that require closure by suturing, clamping, or
 2-1     another device.  The term does not include a noninvasive procedure
 2-2     to remove a superficial foreign body in the conjunctiva, eyelid, or
 2-3     corneal epithelium that has not perforated the Bowman's membrane.
 2-4           SECTION 2.  Section 1.03, Texas Optometry Act (Article
 2-5     4552-1.03, Vernon's Texas Civil Statutes), is amended by amending
 2-6     Subsections (b) and (d)-(g) and adding Subsections (h)-(r) to read
 2-7     as follows:
 2-8           (b)  A therapeutic optometrist may administer, perform, or
 2-9     [and] prescribe ophthalmic devices, procedures, and appropriate
2-10     medications administered by [over-the-counter oral medications,
2-11     and] topical, oral, or parenteral means, in accordance with this
2-12     section, [ocular pharmaceutical agents, other than antiviral agents
2-13     and antiglaucoma agents,] for the purpose of diagnosing and
2-14     treating visual defects, abnormal conditions, and diseases of the
2-15     human vision system, including the eye and adnexa.  A therapeutic
2-16     optometrist is prohibited from performing surgery or laser surgery
2-17     [and may remove superficial foreign matter and eyelashes from the
2-18     external eye or adnexa.  If a therapeutic optometrist utilizes
2-19     topical steroids of a strength of one percent concentration to
2-20     treat a condition and the condition has not substantially improved
2-21     within seven days of the initial topical steroid application, the
2-22     therapeutic optometrist shall consult with an ophthalmologist and
2-23     the ophthalmologist shall then establish the treatment regimen.  If
2-24     a therapeutic optometrist utilizes topical steroids of a strength
2-25     of less than one percent concentration to treat a condition and the
2-26     condition has not substantially improved within 14 days of the
2-27     initial topical steroid application, the therapeutic optometrist
 3-1     shall consult with an ophthalmologist and the ophthalmologist shall
 3-2     then establish the treatment regimen.  This subsection does not
 3-3     authorize an optometrist to treat glaucoma in a manner that was not
 3-4     permitted by law on August 31, 1991].
 3-5           (d)  The board shall adopt rules or the recommendations
 3-6     submitted under Section 1.03A of this Act setting forth additional
 3-7     classifications of [the specific] pharmaceutical agents therapeutic
 3-8     optometrists may use in the practice of therapeutic optometry.  Use
 3-9     by a therapeutic  optometrist of pharmaceutical agents not
3-10     authorized by the board or otherwise authorized by law shall
3-11     constitute a violation of this Act.
3-12           (e)  [A five-member technical advisory committee is created
3-13     to assist the board in determining the specific pharmaceutical
3-14     agents which may be used in the practice of therapeutic optometry.
3-15     Appointments to the committee shall be for two-year terms, and no
3-16     member may serve more than two consecutive terms.]
3-17           [(f)  The members of the technical advisory committee shall
3-18     be appointed as follows:  one must be an optometrist or therapeutic
3-19     optometrist licensed and practicing in this state, appointed by the
3-20     Texas Optometry Board; one must be a physician licensed and
3-21     practicing in this state whose practice is limited to
3-22     ophthalmology, appointed by the Texas State Board of Medical
3-23     Examiners; one must be a pharmacist licensed and practicing
3-24     pharmacy in this state, appointed by the Texas State Board of
3-25     Pharmacy; one must be a faculty member at a state medical
3-26     institution of higher education with expertise in pharmacology,
3-27     appointed by the Texas State Board of Medical Examiners;  and one
 4-1     must be a faculty member of a college of optometry at a state
 4-2     institution of higher education, appointed by the Texas Optometry
 4-3     Board.]
 4-4           [(g)]  A therapeutic optometrist, including an optometric
 4-5     glaucoma specialist, is subject to the same standard of
 4-6     professional care and judgment as a person practicing as an
 4-7     ophthalmologist under the Medical Practice Act (Article 4495b,
 4-8     Vernon's Texas Civil Statutes).
 4-9           (f)  A therapeutic optometrist may prescribe oral medications
4-10     only in the following classifications of oral pharmaceuticals:
4-11                 (1)  one 10-day supply of oral antibiotics;
4-12                 (2)  one 72-hour supply of oral antihistamines;
4-13                 (3)  one seven-day supply of oral nonsteroidal
4-14     anti-inflammatories;
4-15                 (4)  one three-day supply of any analgesic identified
4-16     in Schedules III, IV, and V of 21 U.S.C. Section 812; and
4-17                 (5)  any other oral pharmaceutical recommended by the
4-18     optometric health care advisory committee and approved by the board
4-19     and the Texas State Board of Medical Examiners.
4-20           (g)  A therapeutic optometrist may independently administer
4-21     oral carbonic anhydrase inhibitors for emergency purposes only and
4-22     shall immediately refer the patient to an ophthalmologist.
4-23           (h)  A therapeutic optometrist may inject appropriate
4-24     medication for a patient who has an anaphylactic reaction to
4-25     counteract the anaphylaxis.  The therapeutic optometrist shall
4-26     immediately refer the patient to a physician.
4-27           (i)  Not later than the 30th day after the date of the
 5-1     initial diagnosis of glaucoma, a therapeutic optometrist shall
 5-2     engage in consultation with an ophthalmologist to develop an
 5-3     individual treatment plan that is approved by the therapeutic
 5-4     optometrist and ophthalmologist.  The parameters of the
 5-5     consultation shall be at the discretion of the ophthalmologist but
 5-6     must at least include confirmation of the diagnosis and a plan for
 5-7     comanagement of the patient, including periodic review of the
 5-8     patient's progress.
 5-9           (j)  A therapeutic optometrist required to engage in
5-10     comanagement consultation with an ophthalmologist shall inform the
5-11     patient diagnosed with glaucoma that the therapeutic optometrist
5-12     shall have the diagnosis confirmed and comanaged with an
5-13     ophthalmologist of the patient's choosing or, if the patient does
5-14     not choose an ophthalmologist, an ophthalmologist practicing in the
5-15     geographic area in which the therapeutic optometrist practices.
5-16           (k)  A therapeutic optometrist shall refer a patient to an
5-17     ophthalmologist if:
5-18                 (1)  the patient is under 16 years of age and has been
5-19     diagnosed as having glaucoma;
5-20                 (2)  the patient has been diagnosed as having acute
5-21     closed angle glaucoma;
5-22                 (3)  the patient has been diagnosed as having malignant
5-23     glaucoma or neovascular glaucoma;
5-24                 (4)  the therapeutic optometrist determines that a
5-25     patient's glaucoma is caused by a diabetic complication and, after
5-26     joint consultation with the physician treating the diabetes and an
5-27     ophthalmologist by telephone, fax, or another method, the physician
 6-1     or ophthalmologist determines that the patient should be seen by
 6-2     the physician or ophthalmologist; or
 6-3                 (5)  the therapeutic optometrist determines that a
 6-4     patient's glaucoma is not responding appropriately to a treatment
 6-5     specified in Subsection (m) of this section and, after consulting a
 6-6     physician by telephone, fax, or another method, the physician
 6-7     determines that the patient should be seen by the physician or an
 6-8     appropriate specialist.
 6-9           (l)  A therapeutic optometrist who refers a patient to a
6-10     physician or specialist shall inform the patient that the patient
6-11     may go to any physician or specialist the patient chooses.  This
6-12     subsection does not prevent a therapeutic optometrist from
6-13     recommending a physician or specialist.
6-14           (m)  On making an initial diagnosis of glaucoma, a
6-15     therapeutic optometrist shall set a target pressure that is not
6-16     more than 80 percent of the initial intraocular pressure.  The
6-17     patient's glaucoma is considered to not be appropriately responding
6-18     to treatment if the patient fails to achieve the target pressure
6-19     within an appropriate time.
6-20           (n)  Before a therapeutic optometrist may prescribe a beta
6-21     blocker, the therapeutic optometrist must take a complete case
6-22     history of the patient and determine whether the patient has had a
6-23     physical examination within the 180 days preceding the date of
6-24     taking the history.  If the patient has not had a physical
6-25     examination or if the patient has a history of congestive heart
6-26     failure, bradycardia, heart block, asthma, or chronic obstructive
6-27     pulmonary disease, the therapeutic optometrist shall refer the
 7-1     patient to a physician for a physical examination before initiating
 7-2     beta blocker therapy.
 7-3           (o)  A therapeutic optometrist who diagnoses acute closed
 7-4     angle glaucoma may initiate appropriate emergency treatment for a
 7-5     patient but shall refer the patient to a physician in a timely
 7-6     manner.
 7-7           (p)  A physician may charge a reasonable consultation fee for
 7-8     a consultation given as provided by this section.
 7-9           (q)  A physician to whom a patient is referred by a
7-10     therapeutic optometrist under this section shall forward to the
7-11     therapeutic optometrist, not later than the 30th day after first
7-12     seeing the patient, a written report on the results of the
7-13     referral.  The therapeutic optometrist shall maintain the report in
7-14     the patient's records.  A physician who, for a medically
7-15     appropriate reason, does not return a patient to the therapeutic
7-16     optometrist who referred the patient, shall state in the
7-17     physician's report to the therapeutic optometrist the specific
7-18     medical reason for failing to return the patient.
7-19           (r)  A therapeutic optometrist may not administer or
7-20     prescribe an oral or parenteral medication or treat glaucoma
7-21     without holding a certificate issued by the board.  A therapeutic
7-22     optometrist certified under this subsection shall be known as an
7-23     optometric glaucoma specialist.  To obtain a certificate, a
7-24     therapeutic optometrist must as required under Section 1.03A(c) of
7-25     this Act:
7-26                 (1)  complete an instructional clinical review course;
7-27     and
 8-1                 (2)  pass an examination approved by the board.
 8-2           SECTION 3.  Article 1, Texas Optometry Act (Article 4552-1.01
 8-3     et seq.), is amended by adding Section 1.03A to read as follows:
 8-4           Sec. 1.03A.  OPTOMETRIC HEALTH CARE ADVISORY COMMITTEE.  (a)
 8-5     The Optometric Health Care Advisory Committee consists of six
 8-6     members appointed as follows:
 8-7                 (1)  two members who are therapeutic optometrists,
 8-8     appointed by the board;
 8-9                 (2)  two members who are board certified
8-10     ophthalmologists, appointed by the Texas State Board of Medical
8-11     Examiners; and
8-12                 (3)  two members who are pharmacologists, appointed by
8-13     the Texas State Board of Pharmacy.
8-14           (b)  Members of the committee serve staggered two-year terms
8-15     with the terms of half of the members expiring September 1 each
8-16     year.
8-17           (c)  The committee shall make recommendations that:
8-18                 (1)  establish requirements for the education and
8-19     clinical training necessary for certification as an optometric
8-20     glaucoma specialist;
8-21                 (2)  establish the parameters of care for treatment of
8-22     ocular diseases and conditions by optometric glaucoma specialists
8-23     as health care technology advances; and
8-24                 (3)  identify additional classes of pharmaceuticals
8-25     under Section 1.03(f) of this Act that are effective treatments for
8-26     ocular diseases and conditions and that may be effectively used by
8-27     certified optometric glaucoma specialists.
 9-1           (d)  A person is not eligible for appointment as a
 9-2     pharmacologist member of the committee if the person is licensed as
 9-3     a therapeutic optometrist or ophthalmologist or is related within
 9-4     the second degree by affinity or consanguinity, as determined under
 9-5     Chapter 573, Government Code, to a person who is licensed as a
 9-6     therapeutic optometrist or ophthalmologist.
 9-7           (e)  In making any recommendation, the committee shall
 9-8     consider patient safety, patient costs, the effect on a patient's
 9-9     access to health care, patient convenience, and any added
9-10     efficiencies to the health care delivery system the decision may
9-11     involve.
9-12           (f)  Before a recommendation made by the committee may become
9-13     law, the board and the Texas State Board of Medical Examiners must
9-14     adopt the recommendation.  If either board fails to adopt a
9-15     recommendation of the committee, that board must articulate a sound
9-16     scientific reason for the failure to adopt.
9-17           (g)  Unless continued in existence by act of the legislature,
9-18     the Optometric Health Care Advisory Committee is abolished, and
9-19     this section expires September 1, 2005.
9-20           SECTION 4.  (a)  This Act takes effect September 1, 1999.
9-21           (b)  The initial members of the Optometric Health Care
9-22     Advisory Committee shall be appointed not later than October 1,
9-23     1999, as follows:
9-24                 (1)  one therapeutic optometrist member, one
9-25     ophthalmologist member, and  one pharmacologist member for terms
9-26     expiring September 1, 2000; and
9-27                 (2)  one therapeutic optometrist member, one
 10-1    ophthalmologist member, and one pharmacologist member for terms
 10-2    expiring September 1, 2001.
 10-3          SECTION 5.  The importance of this legislation and the
 10-4    crowded condition of the calendars in both houses create an
 10-5    emergency and an imperative public necessity that the
 10-6    constitutional rule requiring bills to be read on three several
 10-7    days in each house be suspended, and this rule is hereby suspended.