1-1     By:  Brimer, et al. (Senate Sponsor - Madla)          H.B. No. 1051
 1-2           (In the Senate - Received from the House May 3, 1999;
 1-3     May 4, 1999, read first time and referred to Committee on Health
 1-4     Services; May 13, 1999, reported favorably, as amended, by the
 1-5     following vote:  Yeas 3, Nays 1; May 13, 1999, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                                By:  Madla
 1-7           Amend engrossed H.B. 1051 as follows:
 1-8           Page 2, line 20, strike subsection (d) and substitute "(d)
 1-9     The board shall adopt rules setting forth the classifications of
1-10     [specific] pharmaceutical agents therapeutic optometrists may use
1-11     in the practice of therapeutic optometry as authorized by this Act.
1-12     Additional classifications of medications as authorized by Section
1-13     1.03(c)(3) may only be approved as provided in Section 1.03A.  Use
1-14     by a therapeutic optometrist of pharmaceutical agents not
1-15     authorized by the board or otherwise authorized by law shall
1-16     constitute a violation of this Act."
1-17     COMMITTEE AMENDMENT NO. 2                             By:  Moncrief
1-18           Amend H.B. 1051 as follows:
1-19           (1)  On page 1, line 60, strike "topical, oral, or
1-20     parenteral" and substitute "topical or oral".
1-21           (2)  On page 2, line 3, insert the following after the period
1-22     and before "A":  "In addition, a therapeutic optometrist may
1-23     administer medication by parenteral means for the purposes and in
1-24     the manner set out in subsection (h) of this section."
1-25                            A BILL TO BE ENTITLED
1-26                                   AN ACT
1-27     relating to the regulation of the practice of therapeutic
1-28     optometry.
1-29           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-30           SECTION 1.  Section 1.02, Texas Optometry Act (Article
1-31     4552-1.02, Vernon's Texas Civil Statutes), is amended by amending
1-32     Subdivision (7) and adding Subdivision (11) to read as follows:
1-33                 (7)  The "practice of therapeutic optometry" means the
1-34     employment of objective or subjective means for the purpose of
1-35     ascertaining and measuring the powers of vision of the human eye,
1-36     examining and diagnosing visual defects, abnormal conditions, and
1-37     diseases of the human eye and adnexa, prescribing or fitting lenses
1-38     or prisms to correct or remedy a defect or abnormal condition of
1-39     vision, administering or prescribing a drug or physical treatment
1-40     in the manner authorized by this Act, and treating the visual
1-41     system, including the eye and adnexa as authorized by this Act
1-42     [without the use of surgery or laser surgery].  The practice of
1-43     therapeutic optometry does not include the use of surgery or laser
1-44     surgery.
1-45                 (11)  "Surgery" means any procedure using instruments,
1-46     including lasers, scalpels, or needles, in which human tissue is
1-47     cut, burned, vaporized, or otherwise altered by any mechanical
1-48     means, laser, or ionizing radiation.  The term includes procedures
1-49     using instruments that require closure by suturing, clamping, or
1-50     another device.  The term does not include a noninvasive procedure
1-51     to remove a superficial foreign body in the conjunctiva, eyelid, or
1-52     corneal epithelium that has not perforated the Bowman's membrane.
1-53           SECTION 2.  Section 1.03, Texas Optometry Act (Article
1-54     4552-1.03, Vernon's Texas Civil Statutes), is amended by amending
1-55     Subsections (b) and (d)-(g) and adding Subsections (h)-(r) to read
1-56     as follows:
1-57           (b)  A therapeutic optometrist may administer, perform, or
1-58     [and] prescribe ophthalmic devices, procedures, and appropriate
1-59     medications administered by [over-the-counter oral medications,
1-60     and] topical, oral, or parenteral means, in accordance with this
1-61     section, [ocular pharmaceutical agents, other than antiviral agents
 2-1     and antiglaucoma agents,] for the purpose of diagnosing and
 2-2     treating visual defects, abnormal conditions, and diseases of the
 2-3     human vision system, including the eye and adnexa.  A therapeutic
 2-4     optometrist is prohibited from performing surgery or laser surgery
 2-5     [and may remove superficial foreign matter and eyelashes from the
 2-6     external eye or adnexa.  If a therapeutic optometrist utilizes
 2-7     topical steroids of a strength of one percent concentration to
 2-8     treat a condition and the condition has not substantially improved
 2-9     within seven days of the initial topical steroid application, the
2-10     therapeutic optometrist shall consult with an ophthalmologist and
2-11     the ophthalmologist shall then establish the treatment regimen.  If
2-12     a therapeutic optometrist utilizes topical steroids of a strength
2-13     of less than one percent concentration to treat a condition and the
2-14     condition has not substantially improved within 14 days of the
2-15     initial topical steroid application, the therapeutic optometrist
2-16     shall consult with an ophthalmologist and the ophthalmologist shall
2-17     then establish the treatment regimen.  This subsection does not
2-18     authorize an optometrist to treat glaucoma in a manner that was not
2-19     permitted by law on August 31, 1991].
2-20           (d)  The board shall adopt rules or the recommendations
2-21     submitted under Section 1.03A of this Act setting forth additional
2-22     classifications of [the specific] pharmaceutical agents therapeutic
2-23     optometrists may use in the practice of therapeutic optometry.  Use
2-24     by a therapeutic  optometrist of pharmaceutical agents not
2-25     authorized by the board or otherwise authorized by law shall
2-26     constitute a violation of this Act.
2-27           (e)  [A five-member technical advisory committee is created
2-28     to assist the board in determining the specific pharmaceutical
2-29     agents which may be used in the practice of therapeutic optometry.
2-30     Appointments to the committee shall be for two-year terms, and no
2-31     member may serve more than two consecutive terms.]
2-32           [(f)  The members of the technical advisory committee shall
2-33     be appointed as follows:  one must be an optometrist or therapeutic
2-34     optometrist licensed and practicing in this state, appointed by the
2-35     Texas Optometry Board; one must be a physician licensed and
2-36     practicing in this state whose practice is limited to
2-37     ophthalmology, appointed by the Texas State Board of Medical
2-38     Examiners; one must be a pharmacist licensed and practicing
2-39     pharmacy in this state, appointed by the Texas State Board of
2-40     Pharmacy; one must be a faculty member at a state medical
2-41     institution of higher education with expertise in pharmacology,
2-42     appointed by the Texas State Board of Medical Examiners; and one
2-43     must be a faculty member of a college of optometry at a state
2-44     institution of higher education, appointed by the Texas Optometry
2-45     Board.]
2-46           [(g)]  A therapeutic optometrist, including an optometric
2-47     glaucoma specialist, is subject to the same standard of
2-48     professional care and judgment as a person practicing as an
2-49     ophthalmologist under the Medical Practice Act (Article 4495b,
2-50     Vernon's Texas Civil Statutes).
2-51           (f)  A therapeutic optometrist may prescribe oral medications
2-52     only in the following classifications of oral pharmaceuticals:
2-53                 (1)  one 10-day supply of oral antibiotics;
2-54                 (2)  one 72-hour supply of oral antihistamines;
2-55                 (3)  one seven-day supply of oral nonsteroidal
2-56     anti-inflammatories;
2-57                 (4)  one three-day supply of any analgesic identified
2-58     in Schedules III, IV, and V of 21 U.S.C. Section 812; and
2-59                 (5)  any other oral pharmaceutical recommended by the
2-60     optometric health care advisory committee and approved by the board
2-61     and the Texas State Board of Medical Examiners.
2-62           (g)  A therapeutic optometrist may independently administer
2-63     oral carbonic anhydrase inhibitors for emergency purposes only and
2-64     shall immediately refer the patient to an ophthalmologist.
2-65           (h)  A therapeutic optometrist may inject appropriate
2-66     medication for a patient who has an anaphylactic reaction to
2-67     counteract the anaphylaxis.  The therapeutic optometrist shall
2-68     immediately refer the patient to a physician.
2-69           (i)  Not later than the 30th day after the date of the
 3-1     initial diagnosis of glaucoma, a therapeutic optometrist shall
 3-2     engage in consultation with an ophthalmologist to develop an
 3-3     individual treatment plan that is approved by the therapeutic
 3-4     optometrist and ophthalmologist.  The parameters of the
 3-5     consultation shall be at the discretion of the ophthalmologist but
 3-6     must at least include confirmation of the diagnosis and a plan for
 3-7     comanagement of the patient, including periodic review of the
 3-8     patient's progress.
 3-9           (j)  A therapeutic optometrist required to engage in
3-10     comanagement consultation with an ophthalmologist shall inform the
3-11     patient diagnosed with glaucoma that the therapeutic optometrist
3-12     shall have the diagnosis confirmed and comanaged with an
3-13     ophthalmologist of the patient's choosing or, if the patient does
3-14     not choose an ophthalmologist, an ophthalmologist practicing in the
3-15     geographic area in which the therapeutic optometrist practices.
3-16           (k)  A therapeutic optometrist shall refer a patient to an
3-17     ophthalmologist if:
3-18                 (1)  the patient is under 16 years of age and has been
3-19     diagnosed as having glaucoma;
3-20                 (2)  the patient has been diagnosed as having acute
3-21     closed angle glaucoma;
3-22                 (3)  the patient has been diagnosed as having malignant
3-23     glaucoma or neovascular glaucoma;
3-24                 (4)  the therapeutic optometrist determines that a
3-25     patient's glaucoma is caused by a diabetic complication and, after
3-26     joint consultation with the physician treating the diabetes and an
3-27     ophthalmologist by telephone, fax, or another method, the physician
3-28     or ophthalmologist determines that the patient should be seen by
3-29     the physician or ophthalmologist; or
3-30                 (5)  the therapeutic optometrist determines that a
3-31     patient's glaucoma is not responding appropriately to a treatment
3-32     specified in Subsection (m) of this section and, after consulting a
3-33     physician by telephone, fax, or another method, the physician
3-34     determines that the patient should be seen by the physician or an
3-35     appropriate specialist.
3-36           (l)  A therapeutic optometrist who refers a patient to a
3-37     physician or specialist shall inform the patient that the patient
3-38     may go to any physician or specialist the patient chooses.  This
3-39     subsection does not prevent a therapeutic optometrist from
3-40     recommending a physician or specialist.
3-41           (m)  On making an initial diagnosis of glaucoma, a
3-42     therapeutic optometrist shall set a target pressure that is not
3-43     more than 80 percent of the initial intraocular pressure.  The
3-44     patient's glaucoma is considered to not be appropriately responding
3-45     to treatment if the patient fails to achieve the target pressure
3-46     within an appropriate time.
3-47           (n)  Before a therapeutic optometrist may prescribe a beta
3-48     blocker, the therapeutic optometrist must take a complete case
3-49     history of the patient and determine whether the patient has had a
3-50     physical examination within the 180 days preceding the date of
3-51     taking the history.  If the patient has not had a physical
3-52     examination or if the patient has a history of congestive heart
3-53     failure, bradycardia, heart block, asthma, or chronic obstructive
3-54     pulmonary disease, the therapeutic optometrist shall refer the
3-55     patient to a physician for a physical examination before initiating
3-56     beta blocker therapy.
3-57           (o)  A therapeutic optometrist who diagnoses acute closed
3-58     angle glaucoma may initiate appropriate emergency treatment for a
3-59     patient but shall refer the patient to a physician in a timely
3-60     manner.
3-61           (p)  A physician may charge a reasonable consultation fee for
3-62     a consultation given as provided by this section.
3-63           (q)  A physician to whom a patient is referred by a
3-64     therapeutic optometrist under this section shall forward to the
3-65     therapeutic optometrist, not later than the 30th day after first
3-66     seeing the patient, a written report on the results of the
3-67     referral.  The therapeutic optometrist shall maintain the report in
3-68     the patient's records.  A physician who, for a medically
3-69     appropriate reason, does not return a patient to the therapeutic
 4-1     optometrist who referred the patient, shall state in the
 4-2     physician's report to the therapeutic optometrist the specific
 4-3     medical reason for failing to return the patient.
 4-4           (r)  A therapeutic optometrist may not administer or
 4-5     prescribe an oral or parenteral medication or treat glaucoma
 4-6     without holding a certificate issued by the board.  A therapeutic
 4-7     optometrist certified under this subsection shall be known as an
 4-8     optometric glaucoma specialist.  To obtain a certificate, a
 4-9     therapeutic optometrist must as required under Section 1.03A(c) of
4-10     this Act:
4-11                 (1)  complete an instructional clinical review course;
4-12     and
4-13                 (2)  pass an examination approved by the board.
4-14           SECTION 3.  Article 1, Texas Optometry Act (Article 4552-1.01
4-15     et seq.), is amended by adding Section 1.03A to read as follows:
4-16           Sec. 1.03A.  OPTOMETRIC HEALTH CARE ADVISORY COMMITTEE.
4-17     (a)  The Optometric Health Care Advisory Committee consists of six
4-18     members appointed as follows:
4-19                 (1)  two members who are therapeutic optometrists,
4-20     appointed by the board;
4-21                 (2)  two members who are board certified
4-22     ophthalmologists, appointed by the Texas State Board of Medical
4-23     Examiners; and
4-24                 (3)  two members who are pharmacologists, appointed by
4-25     the Texas State Board of Pharmacy.
4-26           (b)  Members of the committee serve staggered two-year terms
4-27     with the terms of half of the members expiring September 1 each
4-28     year.
4-29           (c)  The committee shall make recommendations that:
4-30                 (1)  establish requirements for the education and
4-31     clinical training necessary for certification as an optometric
4-32     glaucoma specialist;
4-33                 (2)  establish the parameters of care for treatment of
4-34     ocular diseases and conditions by optometric glaucoma specialists
4-35     as health care technology advances; and
4-36                 (3)  identify additional classes of pharmaceuticals
4-37     under Section 1.03(f) of this Act that are effective treatments for
4-38     ocular diseases and conditions and that may be effectively used by
4-39     certified optometric glaucoma specialists.
4-40           (d)  A person is not eligible for appointment as a
4-41     pharmacologist member of the committee if the person is licensed as
4-42     a therapeutic optometrist or ophthalmologist or is related within
4-43     the second degree by affinity or consanguinity, as determined under
4-44     Chapter 573, Government Code, to a person who is licensed as a
4-45     therapeutic optometrist or ophthalmologist.
4-46           (e)  In making any recommendation, the committee shall
4-47     consider patient safety, patient costs, the effect on a patient's
4-48     access to health care, patient convenience, and any added
4-49     efficiencies to the health care delivery system the decision may
4-50     involve.
4-51           (f)  Before a recommendation made by the committee may become
4-52     law, the board and the Texas State Board of Medical Examiners must
4-53     adopt the recommendation.  If either board fails to adopt a
4-54     recommendation of the committee, that board must articulate a sound
4-55     scientific reason for the failure to adopt.
4-56           (g)  Unless continued in existence by act of the legislature,
4-57     the Optometric Health Care Advisory Committee is abolished, and
4-58     this section expires September 1, 2005.
4-59           SECTION 4.  (a)  This Act takes effect September 1, 1999.
4-60           (b)  The initial members of the Optometric Health Care
4-61     Advisory Committee shall be appointed not later than October 1,
4-62     1999, as follows:
4-63                 (1)  one therapeutic optometrist member, one
4-64     ophthalmologist member, and one pharmacologist member for terms
4-65     expiring September 1, 2000; and
4-66                 (2)  one therapeutic optometrist member, one
4-67     ophthalmologist member, and one pharmacologist member for terms
4-68     expiring September 1, 2001.
4-69           SECTION 5.  The importance of this legislation and the
 5-1     crowded condition of the calendars in both houses create an
 5-2     emergency and an imperative public necessity that the
 5-3     constitutional rule requiring bills to be read on three several
 5-4     days in each house be suspended, and this rule is hereby suspended.
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