By Brimer                                             H.B. No. 1051
         76R5015 JMM-F                           
                                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.  Sections 1.02(7) and (8), Texas Optometry Act
 1-6     (Article 4552-1.02, Vernon's Texas Civil Statutes), are amended to
 1-7     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 except as specifically authorized by this Act.
1-20                 (8)  "Adnexa" means the lids and drainage system of the
1-21     eye and related structures.
1-22           SECTION 2.  Sections 1.03(b) and (d)-(g), Texas Optometry Act
1-23     (Article 4552-1.03, Vernon's Texas Civil Statutes), are amended to
1-24     read as follows:
 2-1           (b)  A therapeutic optometrist may administer, perform, or
 2-2     [and] prescribe ophthalmic devices, procedures, and appropriate
 2-3     medications  administered by [over-the-counter oral medications,
 2-4     and] topical, oral, or parenteral means [ocular pharmaceutical
 2-5     agents, other than antiviral agents and antiglaucoma agents,] for
 2-6     the purpose of diagnosing and treating visual defects, abnormal
 2-7     conditions, and diseases of the human vision system, including the
 2-8     eye and adnexa [and may remove superficial foreign matter and
 2-9     eyelashes from the external eye or adnexa.  If a therapeutic
2-10     optometrist utilizes topical steroids of a strength of one percent
2-11     concentration to treat a condition and the condition has not
2-12     substantially improved within seven days of the initial topical
2-13     steroid application, the therapeutic optometrist shall consult with
2-14     an ophthalmologist and the ophthalmologist shall then establish the
2-15     treatment regimen.  If a therapeutic optometrist utilizes topical
2-16     steroids of a strength of less than one percent concentration to
2-17     treat a condition and the condition has not substantially improved
2-18     within 14 days of the initial topical steroid application, the
2-19     therapeutic optometrist shall consult with an ophthalmologist and
2-20     the ophthalmologist shall then establish the treatment regimen.
2-21     This subsection does not authorize an optometrist to treat glaucoma
2-22     in a manner that was not permitted by law on August 31, 1991].
2-23           (d)  The board shall adopt rules setting forth the specific
2-24     classifications of pharmaceutical agents therapeutic optometrists
2-25     may use in the practice of therapeutic optometry.  Use by a
2-26     therapeutic  optometrist of pharmaceutical agents not authorized by
2-27     the board or otherwise authorized by law shall constitute a
 3-1     violation of this Act.
 3-2           (e)  [A five-member technical advisory committee is created
 3-3     to assist the board in determining the specific pharmaceutical
 3-4     agents which may be used in the practice of therapeutic optometry.
 3-5     Appointments to the committee shall be for two-year terms, and no
 3-6     member may serve more than two consecutive terms.]
 3-7           [(f)  The members of the technical advisory committee shall
 3-8     be appointed as follows:  one must be an optometrist or therapeutic
 3-9     optometrist licensed and practicing in this state, appointed by the
3-10     Texas Optometry Board;  one must be a physician licensed and
3-11     practicing in this state whose practice is limited to
3-12     ophthalmology, appointed by the Texas State Board of Medical
3-13     Examiners;  one must be a pharmacist licensed and practicing
3-14     pharmacy in this state, appointed by the Texas State Board of
3-15     Pharmacy;  one must be a faculty member at a state medical
3-16     institution of higher education with expertise in pharmacology,
3-17     appointed by the Texas State Board of Medical Examiners;  and one
3-18     must be a faculty member of a college of optometry at a state
3-19     institution of higher education, appointed by the Texas Optometry
3-20     Board.]
3-21           [(g)]  A therapeutic optometrist is subject to the same
3-22     standard of professional care and judgment as a person practicing
3-23     as an ophthalmologist under the Medical Practice Act (Article
3-24     4495b, Vernon's Texas Civil Statutes).
3-25           (f)  A therapeutic optometrist may perform the following
3-26     treatment procedures if the procedures are performed without the
3-27     use of lasers:
 4-1                 (1)  removal of foreign body, external eye,
 4-2     conjunctival superficial;
 4-3                 (2)  removal of foreign body, external eye,
 4-4     conjunctival embedded;
 4-5                 (3)  removal of foreign body, external eye, corneal
 4-6     without slit lamp;
 4-7                 (4)  removal of foreign body, external eye, with slit
 4-8     lamp;
 4-9                 (5)  removal of embedded foreign body, eyelid;
4-10                 (6)  application of tissue glue, wounds of cornea or
4-11     sclera;
4-12                 (7)  destruction of lesion of lid margin;
4-13                 (8)  correction of trichiasis, epilation, by forceps;
4-14                 (9)  closure of the lacrimal punctum;
4-15                 (10)  closure of the lacrimal punctum by plug;
4-16                 (11)  dilation of lacrimal punctum, with or without
4-17     irrigation;
4-18                 (12)  probing of nasolacrimal duct, with or without
4-19     irrigation;
4-20                 (13)  probing of lacrimal canaliculi, with or without
4-21     irrigation;
4-22                 (14)  removal of corneal epithelium;
4-23                 (15)  excision of chalazion;
4-24                 (16)  incision of conjunctiva, drainage of cyst;
4-25                 (17)  drainage of an abcess, eyelid; and
4-26                 (18)  other non-cutting procedures used to treat visual
4-27     defects, abnormal conditions, and diseases of the human vision
 5-1     system, including the eye and adnexa.
 5-2           (g)  Before a therapeutic optometrist may treat glaucoma, the
 5-3     therapeutic optometrist must be certified by the board as
 5-4     authorized to treat glaucoma.  To be certified to treat glaucoma,
 5-5     the therapeutic optometrist must:
 5-6                 (1)  complete a 24-hour clinical review course approved
 5-7     by the board on the diagnosis, treatment, and management of
 5-8     glaucoma; and
 5-9                 (2)  pass an examination approved by the board covering
5-10     the diagnosis, management, and treatment of glaucoma.
5-11           SECTION 3.  Article 1, Texas Optometry Act (Article 4552-1.01
5-12     et seq., Vernon's Texas Civil Statutes), is amended by adding
5-13     Section 1.04 to read as follows:
5-14           Sec. 1.04.  STUDY REGARDING LASER SURGERY.  (a)  The
5-15     University of Houston and The University of Texas Health Science
5-16     Center shall jointly conduct a study analyzing the safety,
5-17     efficacy, and cost-effectiveness of laser surgery performed by
5-18     therapeutic optometrists.
5-19           (b)  The study shall be governed by a project steering
5-20     committee that shall be responsible for the experimental design,
5-21     safety, and data analysis of the study.  The project steering
5-22     committee shall be jointly appointed by the dean of the University
5-23     of Houston College of Optometry and the dean of The University of
5-24     Texas Health Science Center and shall consist of equal
5-25     representation among therapeutic optometrists, physicians, and
5-26     persons trained in the field of public health.
5-27           (c)  The dean of the University of Houston College of
 6-1     Optometry and the dean of The University of Texas Health Science
 6-2     Center shall jointly appoint a principal investigator.  The
 6-3     principal investigator shall appoint personnel, oversee the
 6-4     collection and analysis of data, and act as the chair of the
 6-5     project steering committee.
 6-6           (d)  The study shall be conducted under the following
 6-7     guidelines:
 6-8                 (1)  laser surgery may be performed only by therapeutic
 6-9     optometrists and ophthalmologists at the University of Houston
6-10     College of Optometry, one of the college's affiliated clinical
6-11     facilities, The University of Texas Health Science Center, or one
6-12     of the center's clinical facilities;
6-13                 (2)  each site in which surgery is performed shall be
6-14     staffed by a laser-trained therapeutic optometrist and
6-15     ophthalmologist; and
6-16                 (3)  a patient participating in the study shall be
6-17     randomly selected to have the procedure performed by the
6-18     therapeutic optometrist or the opthalmologist, both of whom shall
6-19     be on site during all procedures.
6-20           (e)  The project steering committee shall submit to the
6-21     presiding officer of each house of the legislature not later than
6-22     January 1 of each year a written report that evaluates the safety,
6-23     efficacy, and cost-effectiveness of laser surgery performed by
6-24     therapeutic optometrists.
6-25           (f)  If required by other law, any report arising from this
6-26     study shall be provided to the Health Professions Council or any
6-27     other entity charged with the responsibility of reviewing and
 7-1     approving impact reports regarding bills that may change the scope
 7-2     of practice of licensed or registered health care providers.
 7-3           (g)  A therapeutic optometrist may not perform laser surgery
 7-4     except under the direct supervision of an ophthalmologist as part
 7-5     of the study conducted under this section.
 7-6           SECTION 4.  The importance of this legislation and the
 7-7     crowded condition of the calendars in both houses create an
 7-8     emergency and an imperative public necessity that the
 7-9     constitutional rule requiring bills to be read on three several
7-10     days in each house be suspended, and this rule is hereby suspended,
7-11     and that this Act take effect and be in force from and after its
7-12     passage, and it is so enacted.