By Maxey H.B. No. 2335
76R4169 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of persons providing certain ophthalmic
1-3 goods and services and a patient's right of access to prescriptions
1-4 for those ophthalmic goods and services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The Opticians' Registry Act (Article 4551-1,
1-7 Vernon's Texas Civil Statutes) is amended to read as follows:
1-8 Sec. 1. SHORT TITLE. This Act may be cited as the
1-9 Opticians' Registry Act.
1-10 Sec. 2. PURPOSE; CONSTRUCTION. (a) To safeguard public
1-11 health, safety, and welfare [by providing a means by which the
1-12 public can identify providers of ophthalmic dispensing services and
1-13 products that meet minimum standards of competence], it is the
1-14 purpose of this Act to provide for the [a system of voluntary]
1-15 registration of certain providers of ophthalmic goods and services
1-16 [and certification of dispensing opticians].
1-17 (b) To assure that a consumer has the ability to purchase
1-18 spectacles and contact lenses from the provider of the consumer's
1-19 choice, it is the purpose of this Act to provide for the release of
1-20 prescriptions for spectacles and contact lenses by the examining
1-21 physician or optometrist.
1-22 (c) This Act is not intended to authorize, and may not be
1-23 construed as authorizing, a person registered under this Act
1-24 [dispensing optician] to perform any act on the person's
2-1 [optician's] own authority that the person [optician] is not
2-2 otherwise authorized to perform, including any act that constitutes
2-3 the practice of medicine, [or] optometry, or therapeutic optometry.
2-4 Sec. 3. DEFINITIONS. In this Act:
2-5 (1) "Board" means the Texas Board of Health.
2-6 (2) "Committee" means the Opticians' Registry Advisory
2-7 Committee.
2-8 (3) "Contact lens dispensing" means the fabrication,
2-9 ordering, mechanical adjustment, dispensing, sale, and delivery to
2-10 the consumer of corrective, cosmetic, or therapeutic contact lenses
2-11 prescribed by and dispensed in accordance with a contact lens
2-12 prescription from a [licensed] physician, [or] optometrist or
2-13 therapeutic optometrist, together with appropriate instructions for
2-14 the care and handling of the lenses. The term does not include the
2-15 taking of any measurements of the eye or the cornea or evaluating
2-16 the physical fit of the contact lenses, except as authorized under
2-17 Section 20 or 21 of this Act or Section 5.17, Texas Optometry Act
2-18 (Article 4552-5.17, Vernon's Texas Civil Statutes) [unless that
2-19 action is directed or approved by a licensed physician].
2-20 (4) "Contact lens duplication":
2-21 (A) means the ordering, sale, and delivery of
2-22 corrective, cosmetic, or therapeutic contact lenses to the public
2-23 as a finished product, sterilized and sealed by the manufacturer,
2-24 in accordance with a written prescription by a physician,
2-25 optometrist, or therapeutic optometrist that contains the following
2-26 information:
2-27 (i) the patient's name;
3-1 (ii) the date the prescription was issued;
3-2 (iii) the name of the contact lens
3-3 manufacturer, if needed;
3-4 (iv) the expiration date of the
3-5 prescription as provided by Section 5 of this Act;
3-6 (v) the original signature of the
3-7 physician, optometrist, or therapeutic optometrist;
3-8 (vi) for disposable contact lenses, the
3-9 total number of lenses authorized to be issued under the
3-10 prescription and the recommended lens replacement interval;
3-11 (vii) specification information required
3-12 by rules of the Texas Optometry Board with regard to a contact lens
3-13 prescription issued by an optometrist or therapeutic optometrist;
3-14 and
3-15 (viii) specification information required
3-16 by rules of the Texas State Board of Medical Examiners with regard
3-17 to a contact lens prescription issued by a physician; and
3-18 (B) does not include the taking of any
3-19 measurements of the eye or the cornea or evaluating the physical
3-20 fit of the contact lenses, except as authorized under Section 20 or
3-21 21 of this Act or Section 5.17, Texas Optometry Act (Article
3-22 4552-5.17, Vernon's Texas Civil Statutes).
3-23 (5) "Contact lens fitting" means:
3-24 (A) taking measurements to determine the
3-25 specification of contact lenses;
3-26 (B) evaluating the physical fit of contact
3-27 lenses;
4-1 (C) adapting, modifying, or adjusting contact
4-2 lenses for proper fit and function;
4-3 (D) instructing wearers regarding the care and
4-4 handling of contact lenses; and
4-5 (E) selling, evaluating, adjusting, repairing,
4-6 replacing, or duplicating contact lenses.
4-7 (6) [(3)] "Contact lens prescription" means a written
4-8 specification by a [licensed] physician, [or] optometrist, or
4-9 therapeutic optometrist for therapeutic, corrective, or cosmetic
4-10 contact lenses that states the refractive power of the product and
4-11 other information as required by:
4-12 (A) the physician or the Texas State Board of
4-13 Medical Examiners; or
4-14 (B) the optometrist or therapeutic optometrist
4-15 or the Texas Optometry Board.
4-16 (7) [(4)] "Department" means the Texas Department of
4-17 Health.
4-18 (8) "Directed or approved" means receipt by a
4-19 registered optician of a direction, instruction, order,
4-20 prescription, authorization, or communication from a physician that
4-21 is of a scope and content and in a form and manner that, in the
4-22 professional judgment of the physician, best serves the health,
4-23 safety, and welfare of the consumer.
4-24 (9) "Dispensing of opticianry" [(5) "Dispensing
4-25 optician" or "ophthalmic dispenser" means a person who provides or
4-26 offers to provide spectacle or contact lens dispensing services or
4-27 products to the public.]
5-1 [(6) "Spectacle dispensing"] means the design,
5-2 verification, fitting, adjustment, sale, and delivery to the
5-3 consumer of fabricated and finished spectacle lenses, frames, or
5-4 other ophthalmic devices, other than contact lenses, when directed
5-5 or approved by a physician or prescribed by and dispensed in
5-6 accordance with a spectacle prescription from an [a licensed
5-7 physician or] optometrist or therapeutic optometrist. The term
5-8 includes:
5-9 (A) prescription analysis and interpretation;
5-10 (B) the taking of measurements of the face,
5-11 including interpupillary distances, to determine the size, shape,
5-12 and specifications of the spectacle lenses or frames best suited to
5-13 the wearer's needs;
5-14 (C) the preparation and delivery of work orders
5-15 to laboratory technicians engaged in grinding lenses and
5-16 fabricating spectacles;
5-17 (D) the verification of the quality of finished
5-18 spectacle lenses;
5-19 (E) the adjustment of spectacle lenses or frames
5-20 to the intended wearer's face; and
5-21 (F) the adjustment, repair, replacement,
5-22 reproduction, or duplication of previously prepared spectacle
5-23 lenses, frames, or other specially fabricated optical devices,
5-24 other than contact lenses.
5-25 (10) "Disposable contact lenses" means soft contact
5-26 lenses that:
5-27 (A) are dispensed in sealed packages;
6-1 (B) are sterilized and sealed by the
6-2 manufacturer; and
6-3 (C) according to the wearing instructions of the
6-4 physician, optometrist, or therapeutic optometrist, are to be
6-5 replaced at an interval of less than three months.
6-6 (11) "Optometrist" means a person licensed to practice
6-7 optometry by the Texas Optometry Board.
6-8 (12) "Person" means a natural person.
6-9 (13) "Pharmacist" means a person licensed to practice
6-10 pharmacy by the Texas State Board of Pharmacy.
6-11 (14) "Physician" means a person licensed to practice
6-12 medicine by the Texas State Board of Medical Examiners.
6-13 (15) "Registered contact lens dispenser" means a
6-14 person registered under this Act who performs contact lens
6-15 dispensing in accordance with a written contact lens prescription
6-16 from a physician, optometrist, or therapeutic optometrist.
6-17 (16) "Registered contact lens duplication
6-18 establishment" means a corporation or other business entity
6-19 registered under this Act that provides contact lens duplication to
6-20 the public when prescribed by and dispensed in accordance with a
6-21 written prescription from a physician, optometrist, or therapeutic
6-22 optometrist that contains the following information:
6-23 (A) the patient's name;
6-24 (B) the date the prescription was issued;
6-25 (C) the name of the contact lens manufacturer,
6-26 if needed;
6-27 (D) the expiration date of the prescription as
7-1 provided by Section 5 of this Act;
7-2 (E) the original signature of the physician,
7-3 optometrist, or therapeutic optometrist;
7-4 (F) for disposable contact lenses, the total
7-5 number of lenses authorized to be issued under the prescription and
7-6 the recommended lens replacement interval;
7-7 (G) specification information required by rules
7-8 of the Texas Optometry Board with regard to a contact lens
7-9 prescription issued by an optometrist or therapeutic optometrist;
7-10 and
7-11 (H) specification information required by rules
7-12 of the Texas State Board of Medical Examiners with regard to a
7-13 contact lens prescription issued by a physician.
7-14 (17) "Registered contact lens technician" means a
7-15 person who:
7-16 (A) performs contact lens fitting when directed
7-17 or approved by a physician; or
7-18 (B) performs the fabrication, ordering,
7-19 mechanical adjustment, dispensing, sale, and delivery to the
7-20 consumer of contact lenses prescribed by and dispensed in
7-21 accordance with a prescription from an optometrist or therapeutic
7-22 optometrist, with appropriate instructions for the care and
7-23 handling of the lenses, except that, if the contact lenses have
7-24 been prescribed by an optometrist or therapeutic optometrist, the
7-25 registered contact lens technician may not take measurements of the
7-26 eye or the cornea or evaluate the physical fit of the contact
7-27 lenses unless that action is directed or approved by a physician.
8-1 (18) "Registered dispensing optician" means a person
8-2 registered under this Act who performs:
8-3 (A) dispensing of opticianry as directed or
8-4 approved by a physician; or
8-5 (B) spectacle dispensing in accordance with a
8-6 written spectacle prescription from an optometrist or therapeutic
8-7 optometrist.
8-8 (19) "Registered ophthalmic assistant," "registered
8-9 ophthalmic technician," and "registered ophthalmic medical
8-10 technologist" mean ancillary personnel registered under this Act
8-11 who work with and are supervised by a physician.
8-12 (20) "Registered ophthalmic dispenser" means a person
8-13 registered under this Act as a registered spectacle dispenser or
8-14 registered contact lens dispenser.
8-15 (21) "Registered optician" means a person registered
8-16 under this Act as a registered dispensing optician or registered
8-17 contact lens technician.
8-18 (22) "Registered optometric assistant" means an
8-19 ancillary person registered under this Act who works with and is
8-20 supervised by an optometrist or therapeutic optometrist.
8-21 (23) "Registered spectacle dispenser" means a person
8-22 registered under this Act who performs spectacle dispensing in
8-23 accordance with a written spectacle prescription from a physician,
8-24 optometrist, or therapeutic optometrist.
8-25 (24) "Spectacle dispensing" means the sale and
8-26 delivery to the consumer of fabricated and finished spectacle
8-27 lenses, frames, or other ophthalmic devices, other than contact
9-1 lenses, in accordance with a written prescription from a physician,
9-2 optometrist, or therapeutic optometrist.
9-3 (25) [(7)] "Spectacle prescription" means a written
9-4 specification by a [licensed] physician, [or] optometrist, or
9-5 therapeutic optometrist for therapeutic or corrective lenses that
9-6 states the refractive power of the product and other information as
9-7 required by the physician, [or] optometrist, or therapeutic
9-8 optometrist.
9-9 (26) "Supervision" means the direction and control of
9-10 a person not registered under this Act by a person authorized by
9-11 this Act to provide supervision who is employed at the same
9-12 physical location.
9-13 (27) "Therapeutic optometrist" means a person licensed
9-14 to practice therapeutic optometry by the Texas Optometry Board.
9-15 Sec. 4. PROHIBITED ACTS. (a) A person may not represent to
9-16 the public that the person is a "Registered Dispensing Optician,"
9-17 "Registered Optician," "Registered Ophthalmic Dispenser," [or]
9-18 "Registered Spectacle Dispenser," "Registered Contact Lens
9-19 Technician," "Registered Contact Lens Dispenser," "Registered
9-20 Ophthalmic Assistant," "Registered Ophthalmic Technician,"
9-21 "Registered Ophthalmic Medical Technologist," or "Registered
9-22 Optometric Assistant" unless the person is appropriately registered
9-23 with the board [as a spectacle dispensing optician] and complies
9-24 with this Act.
9-25 (b) A corporation or other business entity [A person] may
9-26 not represent that the entity [person] is a "Registered Contact
9-27 Lens Duplication Establishment" [Dispenser" or "Registered Contact
10-1 Lens Technician"] unless the entity [person] is registered with the
10-2 board as a registered contact lens duplication establishment
10-3 [contact lens dispenser] and complies with this Act.
10-4 (c) A registered contact lens dispenser or pharmacist
10-5 [person registered under this Act] may not dispense contact lenses
10-6 except from a written contact lens prescription that specifies that
10-7 the prescription is for contact lenses. A registered contact lens
10-8 dispenser or pharmacist [Except as authorized under Section 14 of
10-9 this Act or Section 5.17, Texas Optometry Act (Article 4552-5.17,
10-10 Vernon's Texas Civil Statutes), a person registered under this Act
10-11 as a contact lens dispenser] may not dispense contact lenses from
10-12 the prescription of a physician, [an] optometrist, or therapeutic
10-13 optometrist [or physician] in any manner that adjusts or alters the
10-14 specific, written instructions of the prescribing physician,
10-15 optometrist, or therapeutic optometrist [or physician] and may not
10-16 measure the patient's eyes or cornea or evaluate the physical fit
10-17 of contact lenses by any means, except as authorized under Section
10-18 20 or 21 of this Act or Section 5.17, Texas Optometry Act (Article
10-19 4552-5.17, Vernon's Texas Civil Statutes) [unless that action is
10-20 directed or approved by a licensed physician]. Violation of this
10-21 subsection constitutes the practice of medicine or optometry
10-22 without a license and is subject to the appropriate penalties.
10-23 (d) A person properly registered under this Act may
10-24 represent [himself] to the public that the person is [as] a
10-25 "Registered Dispensing Optician," [a] "Registered Spectacle
10-26 Dispenser," [a] "Registered Contact Lens Technician," [or a]
10-27 "Registered Contact Lens Dispenser,[.]" "Registered Optician,"
11-1 "Registered Ophthalmic Dispenser," "Registered Ophthalmic
11-2 Assistant," "Registered Ophthalmic Technician," "Registered
11-3 Ophthalmic Medical Technologist," or "Registered Optometric
11-4 Assistant." The person may not use abbreviations or other letters
11-5 to represent that the person is registered.
11-6 (e) Except as authorized under Section 20 or 21 of this Act
11-7 or Section 5.17, Texas Optometry Act (Article 4552-5.17, Vernon's
11-8 Texas Civil Statutes):
11-9 (1) a person, other than a physician, optometrist, or
11-10 therapeutic optometrist, may not engage in the dispensing of
11-11 opticianry without being registered under this Act as a registered
11-12 dispensing optician unless the person acts under the supervision of
11-13 a physician, optometrist, therapeutic optometrist, or registered
11-14 dispensing optician;
11-15 (2) a person, other than a physician, optometrist,
11-16 therapeutic optometrist, or registered dispensing optician, may not
11-17 engage in spectacle dispensing without being registered under this
11-18 Act as a registered dispensing optician unless the person acts
11-19 under the supervision of a physician, optometrist, therapeutic
11-20 optometrist, or registered dispensing optician;
11-21 (3) a person, other than a physician, optometrist, or
11-22 therapeutic optometrist, may not engage in contact lens fitting
11-23 without being registered under this Act as a registered contact
11-24 lens technician unless the person acts under the supervision of a
11-25 physician, optometrist, therapeutic optometrist, or registered
11-26 dispensing optician; and
11-27 (4) a person, other than a physician, optometrist,
12-1 therapeutic optometrist, pharmacist, or registered contact lens
12-2 technician, may not engage in contact lens dispensing without being
12-3 registered under this Act as a registered contact lens dispenser
12-4 unless the person acts under the supervision of a physician,
12-5 optometrist, therapeutic optometrist, pharmacist, or registered
12-6 contact lens technician.
12-7 (f) A corporation or other business entity may not engage in
12-8 providing duplicate contact lenses directly to the public without
12-9 being registered under this Act as a registered contact lens
12-10 duplication establishment unless the work is performed by:
12-11 (1) a physician, optometrist, therapeutic optometrist,
12-12 pharmacist, registered contact lens technician, or registered
12-13 contact lens dispenser; or
12-14 (2) under the supervision of a physician, optometrist,
12-15 therapeutic optometrist, pharmacist, or contact lens technician.
12-16 (g) A contact lens prescription may not contain and a
12-17 physician, optometrist, or therapeutic optometrist may not require
12-18 a patient to sign a form or notice that waives or disclaims the
12-19 liability of the physician, optometrist, or therapeutic optometrist
12-20 for the accuracy of:
12-21 (1) the eye examination on which a contact lens
12-22 prescription furnished to the patient is based; or
12-23 (2) the contact lens prescription provided to the
12-24 patient.
12-25 (h) A physician, optometrist, or therapeutic optometrist is
12-26 not liable for any subsequent use of a contact lens prescription by
12-27 a patient if the physician, optometrist, or therapeutic optometrist
13-1 does not reexamine the patient and the patient's condition, age,
13-2 general health, and susceptibility to an adverse reaction caused by
13-3 or related to the use of contact lenses or other factors result in
13-4 the patient no longer being a proper candidate for the contact lens
13-5 or lenses prescribed.
13-6 Sec. 5. MANDATORY RELEASE OF CONTACT LENS PRESCRIPTION. (a)
13-7 Except as provided by Subsection (d) of this section, each
13-8 physician, optometrist, or therapeutic optometrist who performs an
13-9 eye examination and fits a patient for contact lenses shall, on
13-10 request, prepare and give a contact lens prescription to the
13-11 patient. The physician, optometrist, or therapeutic optometrist
13-12 may exclude categories of contact lenses if the exclusion is
13-13 clinically indicated. The physician, optometrist, or therapeutic
13-14 optometrist may not charge the patient a fee in addition to the
13-15 examination fee and fitting fee as a condition for giving a contact
13-16 lens prescription to the patient.
13-17 (b) If a patient requests a contact lens prescription during
13-18 an initial or annual examination, the physician, optometrist, or
13-19 therapeutic optometrist shall prepare and give the contact lens
13-20 prescription to the patient at the time the physician, optometrist,
13-21 or therapeutic optometrist determines the parameters of the
13-22 prescription.
13-23 (c) If the patient does not request or receive an original
13-24 contact lens prescription during the patient's initial or annual
13-25 examination, the patient may request the patient's contact lens
13-26 prescription at any time during which the prescription is valid.
13-27 On receipt of a request, the physician, optometrist, or therapeutic
14-1 optometrist shall provide the patient with a contact lens
14-2 prescription. If the patient requests the physician, optometrist,
14-3 or therapeutic optometrist to deliver the prescription to the
14-4 patient or to another person, the physician, optometrist, or
14-5 therapeutic optometrist may charge the cost of delivery to the
14-6 patient.
14-7 (d) A physician, optometrist, or therapeutic optometrist may
14-8 refuse to give a contact lens prescription to a patient if:
14-9 (1) the patient's ocular health presents a
14-10 contraindication for contact lenses;
14-11 (2) refusal is warranted due to potential harm to the
14-12 patient's ocular health;
14-13 (3) the patient has not paid for the examination and
14-14 fitting or has not paid for other financial obligations to the
14-15 physician, optometrist, or therapeutic optometrist if the patient
14-16 would have been required to make an immediate or similar payment if
14-17 the examination revealed that ophthalmic goods were not required;
14-18 (4) the patient has an existing medical condition that
14-19 indicates that:
14-20 (A) the patient's ocular health would be damaged
14-21 if the prescription were released to the patient; or
14-22 (B) further monitoring of the patient is needed;
14-23 or
14-24 (5) the request is made after the first anniversary of
14-25 the date of the patient's last eye examination.
14-26 (e) Subsection (d) of this section does not prohibit a
14-27 physician, optometrist, or therapeutic optometrist from giving a
15-1 patient the patient's contact lens prescription.
15-2 (f) A physician, optometrist, or therapeutic optometrist may
15-3 not condition the availability to a patient of an eye examination,
15-4 a fitting for contact lenses, the issuance of a contact lens
15-5 prescription, or any combination of those services on a requirement
15-6 that the patient agree to purchase contact lenses or other
15-7 ophthalmic goods from the physician, optometrist, or therapeutic
15-8 optometrist or from a specific ophthalmic dispenser.
15-9 (g) Unless a shorter prescription period is warranted by the
15-10 patient's ocular health or by potential harm to the patient's
15-11 ocular health, a physician, optometrist, or therapeutic optometrist
15-12 may not issue a contact lens prescription that expires before the
15-13 first anniversary of the date the patient's prescription parameters
15-14 are determined. The physician, optometrist, or therapeutic
15-15 optometrist may extend the expiration date of the prescription
15-16 without completing another eye examination.
15-17 (h) A physician, optometrist, or therapeutic optometrist who
15-18 refuses to give a patient the patient's contact lens prescription
15-19 for a reason permitted under Subsection (d) of this section or who
15-20 writes the prescription for a period of less than one year must:
15-21 (1) give the patient a verbal explanation of the
15-22 reason for the action at the time of the action; and
15-23 (2) maintain in the patient's records a written
15-24 explanation of the reason.
15-25 Sec. 6. MANDATORY RELEASE OF SPECTACLE PRESCRIPTION. (a) A
15-26 physician, optometrist, or therapeutic optometrist may not:
15-27 (1) fail to provide to a patient a copy of the
16-1 patient's prescription immediately after completing an eye
16-2 examination;
16-3 (2) condition the availability of an eye examination
16-4 on a requirement that a patient agree to purchase any ophthalmic
16-5 goods from the physician, optometrist, or therapeutic optometrist;
16-6 (3) charge a patient a fee in addition to the
16-7 examination fee as a condition to releasing a prescription to the
16-8 patient; or
16-9 (4) place on a prescription, require a patient to
16-10 sign, or deliver to a patient a form or notice waiving or
16-11 disclaiming the liability or responsibility of the physician,
16-12 optometrist, or therapeutic optometrist for the accuracy of:
16-13 (A) the eye examination; or
16-14 (B) ophthalmic goods and services dispensed by
16-15 another seller.
16-16 (b) Notwithstanding Subsection (a)(1), a physician,
16-17 optometrist, or therapeutic optometrist may refuse to give a
16-18 patient a copy of the patient's prescription until the patient has
16-19 paid for an eye examination, but only if the physician,
16-20 optometrist, or therapeutic optometrist would have required
16-21 immediate payment from the patient had the examination revealed
16-22 that no ophthalmic goods were required.
16-23 (c) Notwithstanding Subsection (a)(3) of this section, a
16-24 physician, optometrist, or therapeutic optometrist may charge an
16-25 additional fee for verifying ophthalmic goods dispensed by another
16-26 seller if the additional fee is imposed at the time the
16-27 verification is performed.
17-1 (d) Subsection (a)(4) of this section does not impose
17-2 liability on a physician, optometrist, or therapeutic optometrist
17-3 for ophthalmic goods or services dispensed by another seller.
17-4 Sec. 7. REGULATION OF PERSONS FILLING CONTACT LENS
17-5 PRESCRIPTIONS. (a) A person or entity may not fill a contact lens
17-6 prescription in this state or sell, deliver, or dispense contact
17-7 lenses to any person in this state except as provided by this Act.
17-8 (b) A person, other than the prescribing physician,
17-9 optometrist, or therapeutic optometrist, may not sell, deliver, or
17-10 dispense contact lenses to a patient or other consumer in this
17-11 state, except as provided by this Act.
17-12 (c) Corrective, cosmetic, or therapeutic contact lenses may
17-13 be sold, delivered, or dispensed only by the following:
17-14 (1) a physician, optometrist, or therapeutic
17-15 optometrist;
17-16 (2) a pharmacist;
17-17 (3) a registered contact lens technician;
17-18 (4) a registered contact lens dispenser; or
17-19 (5) a registered contact lens duplication
17-20 establishment.
17-21 (d) Except as provided by this Act, a contact lens
17-22 prescription may not be modified.
17-23 (e) An instruction by a physician to "fit contact lenses,"
17-24 or other language indicating that contact lenses have been
17-25 prescribed, is considered direction or approval for the fitting of
17-26 contact lenses by a registered contact lens technician. A
17-27 registered contact lens technician shall, on request, prepare and
18-1 give a copy of the contact lens specification determined by the
18-2 contact lens fitting to the patient, except that the contact lens
18-3 technician may refuse to give the patient a copy of the contact
18-4 lens specification until the patient has paid for the contact lens
18-5 fitting services.
18-6 (f) A person who dispenses contact lenses under this Act
18-7 from a contact lens prescription:
18-8 (1) shall fill the prescription accurately without
18-9 modification; and
18-10 (2) may not fill an expired prescription.
18-11 (g) If a patient presents a written contact lens
18-12 prescription to be filled, but requests that fewer than the total
18-13 number of lenses authorized by the prescription be dispensed, the
18-14 person dispensing the lenses must note on the prescription the
18-15 number of lenses actually dispensed, the number of lenses that
18-16 remain eligible to be dispensed under the prescription, and the
18-17 name, address, telephone number, and license or registration number
18-18 of the person dispensing the lenses. The notation is a permanent
18-19 and valid modification of the prescription. The person dispensing
18-20 the lenses shall make a photocopy of the signed prescription, as
18-21 modified, to be maintained in the person's records, and shall
18-22 return the original signed prescription to the patient in order for
18-23 the patient to have the additional lenses dispensed elsewhere if
18-24 the patient chooses. The copy of the prescription shall be kept in
18-25 the person's records as if it were the original signed
18-26 prescription. Once a prescription has been completely filled, the
18-27 person dispensing the contact lenses shall retain the original
19-1 prescription in the person's records until the fifth anniversary of
19-2 the date the prescription was completely filled.
19-3 (h) If a patient needs an emergency refill of the patient's
19-4 contact lens prescription, a physician, optometrist, or therapeutic
19-5 optometrist may telephone or fax a contact lens prescription to a
19-6 person authorized to fill contact lenses under this Act in order
19-7 for the person to fill the prescription. The person filling the
19-8 prescription shall maintain a copy of the fax or telephone record
19-9 as if the record were an originally signed prescription. The fax
19-10 or telephone record must include the name, address, telephone
19-11 number, and license number of the physician, optometrist, or
19-12 therapeutic optometrist.
19-13 (i) On request by a patient, a prescribing physician,
19-14 optometrist, or therapeutic optometrist shall authorize at least
19-15 once a two-month extension of the patient's contact lens
19-16 prescription. The extension may be made in accordance with the
19-17 provisions for emergency refills in Subsection (h) of this section.
19-18 (j) The board may adopt rules that permit a contact lens
19-19 prescription required to be maintained under this Act to be scanned
19-20 into a computer and the original paper prescription destroyed.
19-21 Sec. 8. DUTIES OF BOARD; ADVISORY COMMITTEE. (a) The board
19-22 shall adopt procedural rules to implement the registration
19-23 procedures under this Act. The board also may adopt substantive
19-24 and procedural rules relating to:
19-25 (1) the minimum requirements for the registration of a
19-26 registered dispensing optician, registered contact lens technician,
19-27 registered spectacle dispenser, registered contact lens dispenser,
20-1 registered ophthalmic assistant, registered ophthalmic technician,
20-2 registered ophthalmic medical technologist, registered optometric
20-3 assistant, or registered contact lens duplication establishment
20-4 [opticians];
20-5 (2) the probation, suspension, denial, or revocation
20-6 of a registration;
20-7 (3) the setting of fees under this Act; [and]
20-8 (4) the adoption of forms required by this Act;
20-9 (5) the circumstances requiring immediate referral of
20-10 a patient to a physician, optometrist, or therapeutic optometrist;
20-11 and
20-12 (6) the preparation of informational materials to be
20-13 available to consumers from persons registered under this Act
20-14 regarding the advisability of routine examination of the eyes by a
20-15 physician, optometrist, or therapeutic optometrist for the purpose
20-16 of early diagnosis of diseases relating to the eye or diseases
20-17 diagnosed by medical examination of the eye.
20-18 (b) The board shall prepare and provide to the public and
20-19 appropriate state agencies information regarding the release of
20-20 contact lens prescriptions. The board may adopt rules as necessary
20-21 to implement this subsection.
20-22 (c) The board may not adopt substantive rules relating to
20-23 this Act other than substantive rules described by Subsection (a)
20-24 of this section.
20-25 (d) The board shall appoint a nine-member advisory committee
20-26 to be known as the Opticians' Registry Advisory Committee to advise
20-27 the board on matters relating to the implementation of this Act.
21-1 The members shall be appointed from the different geographical
21-2 areas of the state to ensure representation of urban and rural
21-3 interests.
21-4 (e) The board shall appoint the members of the committee as
21-5 follows:
21-6 (1) three members must be registered opticians;
21-7 (2) three members must be physicians practicing in
21-8 this state whose practice is limited to ophthalmology or
21-9 optometrists or therapeutic optometrists practicing in this state;
21-10 and
21-11 (3) three members must be consumers who do not have,
21-12 and whose spouses do not have, a direct or indirect interest in any
21-13 health care-related business or trade association.
21-14 (f) The committee shall elect annually a presiding officer
21-15 and assistant presiding officer.
21-16 (g) A committee member is not entitled to compensation for
21-17 service on the committee but is entitled to the per diem and
21-18 transportation allowance for state officials set in the General
21-19 Appropriations Act for each day that the member engages in the
21-20 business of the committee.
21-21 (h) Members are appointed for staggered terms of six years,
21-22 with the terms of three members expiring February 28 of each
21-23 odd-numbered year. A member serves until the expiration date of
21-24 the term to which the member is appointed or until the member's
21-25 successor has qualified. A member may not serve more than two
21-26 consecutive terms.
21-27 Sec. 9 [6]. POWERS AND DUTIES OF DEPARTMENT. (a) The
22-1 department shall administer this Act.
22-2 (b) The department shall investigate persons engaging in
22-3 practices that violate this Act and shall investigate all
22-4 complaints filed with the department against persons registered
22-5 under this Act.
22-6 (c) The department may employ administrative and clerical
22-7 staff as necessary to carry out this Act.
22-8 Sec. 10 [7]. EXAMINATIONS. (a) The department shall
22-9 administer [a] written qualifying examinations [spectacle
22-10 dispensing examination and a written qualifying contact lens
22-11 dispensing examination] at least once a year to applicants for
22-12 registration as a registered dispensing optician or registered
22-13 contact lens technician. The qualifying examinations shall be
22-14 professionally constructed and validated and objectively
22-15 administered and scored.
22-16 (b) If a person fails to pass a qualifying examination, the
22-17 person may reapply to take a subsequent examination. An applicant
22-18 who fails two successive examinations may not reapply until the
22-19 applicant completes any remedial work required by the department.
22-20 Sec. 11 [8]. CERTIFICATE OF REGISTRATION AS A REGISTERED
22-21 DISPENSING OPTICIAN OR REGISTERED CONTACT LENS TECHNICIAN. (a) On
22-22 application and payment of a registration fee, the department shall
22-23 issue a certificate of registration as a registered dispensing
22-24 optician or a registered contact lens technician under this section
22-25 to each applicant who:
22-26 (1) presents evidence satisfactory to the department
22-27 that the applicant has successfully completed the number of
23-1 classroom hours required by the board; and
23-2 (2) passes the appropriate examination required under
23-3 Section 10 [7] of this Act.
23-4 (b) The board may not require more than 30 classroom hours
23-5 of training as a prerequisite to registration.
23-6 (c) A person may qualify and be registered in more than one
23-7 category [as a contact lens dispenser, as a spectacle dispenser, or
23-8 as both a contact lens dispenser and a spectacle dispenser].
23-9 (d) A person issued a certificate of registration by the
23-10 department shall display the certificate in an appropriate public
23-11 manner as specified by board rule.
23-12 (e) A certificate of registration is the property of the
23-13 department and must be surrendered on demand.
23-14 Sec. 12. CERTIFICATE OF REGISTRATION AS A REGISTERED
23-15 SPECTACLE DISPENSER OR REGISTERED CONTACT LENS DISPENSER. (a)
23-16 Before a person other than a physician, optometrist, therapeutic
23-17 optometrist, or registered dispensing optician may dispense
23-18 spectacles to a person in this state, the person must be registered
23-19 under this Act as a registered spectacle dispenser.
23-20 (b) Before a person other than a physician, optometrist,
23-21 therapeutic optometrist, pharmacist, or registered contact lens
23-22 technician may dispense contact lenses to a person in this state,
23-23 the person must be registered under this Act as a registered
23-24 contact lens dispenser.
23-25 (c) The department shall issue a certificate of registration
23-26 under this section to an applicant who:
23-27 (1) agrees in writing to comply with all state and
24-1 federal laws and regulations regarding the sale, delivery, or
24-2 dispensing of spectacles or contact lenses;
24-3 (2) has not had a registration under this Act revoked
24-4 for cause within the 24-month period preceding the application
24-5 date;
24-6 (3) provides the department with the trade names and
24-7 addresses of all locations in which the applicant intends to
24-8 conduct business;
24-9 (4) provides the department with other information
24-10 that the department may reasonably require; and
24-11 (5) pays the required registration fee prescribed by
24-12 the board.
24-13 (d) The department may not require an applicant for renewal
24-14 of a certificate of registration to provide more information than
24-15 is required for issuance of an original certificate of
24-16 registration.
24-17 (e) The board may not require more than 10 classroom hours
24-18 of training as a prerequisite to registration.
24-19 (f) A person may qualify and be registered in more than one
24-20 category.
24-21 (g) A person issued a certificate of registration by the
24-22 department shall display the certificate in an appropriate public
24-23 manner as specified by board rule.
24-24 (h) A certificate of registration is the property of the
24-25 department and must be surrendered on demand.
24-26 Sec. 13. CERTIFICATE OF REGISTRATION AS A REGISTERED
24-27 OPHTHALMIC ASSISTANT, REGISTERED OPHTHALMIC TECHNICIAN, REGISTERED
25-1 OPHTHALMIC MEDICAL TECHNOLOGIST, OR REGISTERED OPTOMETRIC
25-2 ASSISTANT. (a) On application and payment of a registration fee,
25-3 the department shall issue a certificate of registration as a
25-4 registered ophthalmic assistant, registered ophthalmic technician,
25-5 registered ophthalmic medical technologist, or registered
25-6 optometric assistant to each applicant who presents evidence
25-7 satisfactory to the department that the person has qualified for
25-8 registration.
25-9 (b) The board may not require more than 30 classroom hours
25-10 of training as a prerequisite to registration.
25-11 (c) A person may qualify and be registered in more than one
25-12 category.
25-13 (d) A person issued a certificate of registration by the
25-14 department shall display the certificate in an appropriate public
25-15 manner as specified by board rule.
25-16 (e) A certificate of registration is the property of the
25-17 department and must be surrendered on demand.
25-18 Sec. 14. CERTIFICATE OF REGISTRATION AS A REGISTERED CONTACT
25-19 LENS DUPLICATION ESTABLISHMENT. (a) A corporation or other
25-20 business entity that is required to be registered under this Act in
25-21 order to provide contact lens duplication directly to the public
25-22 must be registered in the entity's own name at each location at
25-23 which the service is provided as a registered contact lens
25-24 duplication establishment.
25-25 (b) The department shall issue a certificate of registration
25-26 to an applicant that:
25-27 (1) agrees in writing to comply with all state and
26-1 federal laws and regulations regarding the sale, delivery, or
26-2 dispensing of contact lenses;
26-3 (2) has not had a registration under this Act revoked
26-4 for cause within the 24-month period preceding the application
26-5 date;
26-6 (3) provides the department with the trade names and
26-7 addresses of all locations in which the applicant intends to
26-8 conduct business;
26-9 (4) provides the department with other information
26-10 that the department may reasonably require; and
26-11 (5) pays the required registered fee prescribed by the
26-12 board.
26-13 (c) The department may not require an applicant for renewal
26-14 of a certificate of registration to provide more information than
26-15 is required for issuance of an original certificate of
26-16 registration.
26-17 Sec. 15 [9]. RENEWAL OF REGISTRATION. (a) A certificate of
26-18 registration issued under this Act is valid for one year from the
26-19 date of issuance. To renew the registration, the registrant must
26-20 submit an application for renewal in the manner prescribed by the
26-21 board. The application must be accompanied by a renewal fee and,
26-22 unless the applicant is applying for renewal of a certificate of
26-23 registration as a contact lens duplication establishment, evidence
26-24 that the applicant has successfully completed the continuing
26-25 education courses required by board rule. The board may not
26-26 require more than 10 classroom hours of continuing education
26-27 courses per year. The board may not require classroom hours of
27-1 continuing education to renew a certificate of registration as a
27-2 contact lens duplication establishment.
27-3 (b) The department shall adopt a system under which
27-4 registrations expire and are renewed on various dates of the year.
27-5 (c) A person registered under this Act who does not renew
27-6 the registration by the expiration date may renew the registration
27-7 not later than the 180th day after the expiration date by paying a
27-8 late registration fee as prescribed by the board.
27-9 (d) The registration of a person who fails to meet the
27-10 renewal requirements under this section is void until the person
27-11 submits a new application, pays the appropriate fees, and meets the
27-12 current requirements for registration.
27-13 Sec. 16 [10]. ENFORCEMENT; PENALTY. (a) Except as
27-14 otherwise provided by this section, the [The] board, the attorney
27-15 general, or the district or county attorney for the county in which
27-16 an alleged violation of this Act occurs, on the verified complaint
27-17 of any person, shall enforce this Act and rules adopted under this
27-18 Act by appropriate administrative proceedings or appropriate
27-19 judicial proceedings in a court of competent jurisdiction.
27-20 (b) A person commits an offense if the person violates this
27-21 Act. An offense under this Act is a Class B misdemeanor.
27-22 (c) The attorney general or an attorney representing the
27-23 state may sue in a court of competent jurisdiction to enjoin or
27-24 restrain a person from violating this Act or a rule adopted under
27-25 this Act.
27-26 (d) In addition to granting injunctive relief or any other
27-27 remedy provided by law, a court may impose a civil penalty for a
28-1 violation of this Act or a rule adopted under this Act.
28-2 (e) With regard to a violation of this Act by a person
28-3 registered under this Act, the department is the agency responsible
28-4 for enforcing this Act.
28-5 (f) With regard to a violation of this Act by a physician,
28-6 the Texas State Board of Medical Examiners is the agency
28-7 responsible for enforcing this Act. A violation of this Act by a
28-8 physician is considered a violation of the Medical Practice Act
28-9 (Article 4495b, Vernon's Texas Civil Statutes).
28-10 (g) With regard to a violation of this Act by an optometrist
28-11 or a therapeutic optometrist, the Texas Optometry Board is the
28-12 agency responsible for enforcing this Act. A violation of this Act
28-13 by an optometrist or a therapeutic optometrist is considered a
28-14 violation of the Texas Optometry Act (Article 4552-1.01 et seq.,
28-15 Vernon's Texas Civil Statutes).
28-16 (h) With regard to a violation of this Act by a pharmacist,
28-17 the Texas State Board of Pharmacy is the agency responsible for
28-18 enforcing this Act. A violation of this Act by a pharmacist is
28-19 considered a violation of the Texas Pharmacy Act (Article 4542a-1,
28-20 Vernon's Texas Civil Statutes).
28-21 Sec. 17 [10A]. ADMINISTRATIVE PENALTY. (a) The department
28-22 may assess an administrative penalty against a person who violates
28-23 this Act or a rule adopted under this Act.
28-24 (b) The penalty may not exceed $1,000 for each violation.
28-25 Each day of a continuing violation constitutes a separate
28-26 violation. Each prescription filled in violation of this Act is
28-27 considered a separate violation.
29-1 (c) In determining the amount of an administrative penalty
29-2 assessed under this section, the department shall consider:
29-3 (1) the seriousness of the violation;
29-4 (2) the history of previous violations;
29-5 (3) the amount necessary to deter future violations;
29-6 (4) efforts made to correct the violation; and
29-7 (5) any other matters that justice may require.
29-8 (d) All proceedings for the assessment of an administrative
29-9 penalty under this Act are subject to Chapter 2001, Government
29-10 Code.
29-11 (e) If, after investigation of a possible violation and the
29-12 facts surrounding that possible violation, the department
29-13 determines that a violation has occurred, the department shall give
29-14 written notice of the violation to the person alleged to have
29-15 committed the violation. The notice must include:
29-16 (1) a brief summary of the alleged violation;
29-17 (2) a statement of the amount of the proposed penalty
29-18 based on the factors set forth in Subsection (c) of this section;
29-19 and
29-20 (3) a statement of the person's right to a hearing on
29-21 the occurrence of the violation, the amount of the penalty, or both
29-22 the occurrence of the violation and the amount of the penalty.
29-23 (f) Not later than the 20th day after the date on which the
29-24 notice is received, the person notified may accept the
29-25 determination of the department made under this section, including
29-26 the proposed penalty, or make a written request for a hearing on
29-27 that determination.
30-1 (g) If the person notified of the violation accepts the
30-2 determination of the department, the commissioner of public health
30-3 or that commissioner's designee shall issue an order approving the
30-4 determination and ordering that the person pay the proposed
30-5 penalty.
30-6 (h) If the person notified under Subsection (e) of this
30-7 section timely requests a hearing, the department shall:
30-8 (1) set a hearing;
30-9 (2) give written notice of the hearing to the person;
30-10 and
30-11 (3) designate a hearings examiner to conduct the
30-12 hearing.
30-13 (i) The hearings examiner shall make findings of fact and
30-14 conclusions of law and shall promptly issue to the commissioner of
30-15 public health or that commissioner's designee a proposal for
30-16 decision as to the occurrence of the violation and a recommendation
30-17 as to the amount of the proposed penalty if a penalty is determined
30-18 to be warranted.
30-19 (j) Based on the findings of fact and conclusions of law and
30-20 the recommendations of the hearings examiner, the commissioner of
30-21 public health or that commissioner's designee by order may find
30-22 that a violation has occurred and may assess a penalty or may find
30-23 that no violation has occurred.
30-24 (k) The department shall give notice of the order under
30-25 Subsection (j) of this section to the person notified. The notice
30-26 must include:
30-27 (1) separate statements of the findings of fact and
31-1 conclusions of law;
31-2 (2) the amount of any penalty assessed; and
31-3 (3) a statement of the right of the person to judicial
31-4 review of the order.
31-5 (l) Not later than the 30th day after the date on which the
31-6 decision is final as provided by Chapter 2001, Government Code, the
31-7 person shall:
31-8 (1) pay the penalty;
31-9 (2) pay the penalty and file a petition for judicial
31-10 review contesting the occurrence of the violation, the amount of
31-11 the penalty, or both the occurrence of the violation and the amount
31-12 of the penalty; or
31-13 (3) without paying the penalty, file a petition for
31-14 judicial review contesting the occurrence of the violation, the
31-15 amount of the penalty, or both the occurrence of the violation and
31-16 the amount of the penalty.
31-17 (m) Within the 30-day period, a person who acts under
31-18 Subsection (l)(3) of this section may:
31-19 (1) stay enforcement of the penalty by:
31-20 (A) paying the penalty to the court for
31-21 placement in an escrow account; or
31-22 (B) giving to the court a supersedeas bond that
31-23 is approved by the court for the amount of the penalty and that is
31-24 effective until all judicial review of the order is final; or
31-25 (2) request the court to stay enforcement of the
31-26 penalty by:
31-27 (A) filing with the court a sworn affidavit of
32-1 the person stating that the person is financially unable to pay the
32-2 amount of the penalty and is financially unable to give the
32-3 supersedeas bond; and
32-4 (B) giving a copy of the affidavit to the
32-5 department by certified mail.
32-6 (n) If the department receives a copy of an affidavit under
32-7 Subsection (m)(2) of this section, the department may file with the
32-8 court, within five days after the date the copy is received, a
32-9 contest to the affidavit. The court shall hold a hearing on the
32-10 facts alleged in the affidavit as soon as practicable and shall
32-11 stay the enforcement of the penalty on finding that the alleged
32-12 facts are true. The person who files an affidavit has the burden
32-13 of proving that the person is financially unable to pay the penalty
32-14 and to give a supersedeas bond.
32-15 (o) If the person does not pay the penalty and the
32-16 enforcement of the penalty is not stayed, the department may refer
32-17 the matter to the attorney general for collection of the penalty.
32-18 (p) Judicial review of the order:
32-19 (1) is instituted by filing a petition as provided by
32-20 Subchapter G, Chapter 2001, Government Code; and
32-21 (2) is under the substantial evidence rule.
32-22 (q) If the court sustains the occurrence of the violation,
32-23 the court may uphold or reduce the amount of the penalty and order
32-24 the person to pay the full or reduced amount of the penalty. If
32-25 the court does not sustain the occurrence of the violation, the
32-26 court shall order that no penalty is owed.
32-27 (r) When the judgment of the court becomes final, the court
33-1 shall proceed under this subsection. If the person paid the amount
33-2 of the penalty under Subsection (l)(2) of this section and if that
33-3 amount is reduced or is not upheld by the court, the court shall
33-4 order that the department pay the appropriate amount plus accrued
33-5 interest to the person. The rate of the interest is the rate
33-6 charged on loans to depository institutions by the New York Federal
33-7 Reserve Bank, and the interest shall be paid for the period
33-8 beginning on the date the penalty was paid and ending on the date
33-9 the penalty is remitted. If the person paid the penalty under
33-10 Subsection (m)(1)(A) of this section or gave a supersedeas bond and
33-11 if the amount of the penalty is not upheld by the court, the court
33-12 shall order the release of the escrow account or bond. If the
33-13 person paid the penalty under Subsection (m)(1)(A) and the amount
33-14 of the penalty is reduced, the court shall order that the amount of
33-15 the penalty be paid to the department from the escrow account and
33-16 that the remainder of the account be released. If the person gave
33-17 a supersedeas bond and if the amount of the penalty is reduced, the
33-18 court shall order the release of the bond after the person pays the
33-19 amount.
33-20 (s) An administrative penalty collected under this section
33-21 shall be deposited in the state treasury to the credit of the
33-22 general revenue fund.
33-23 (t) The department may assess reasonable expenses and costs
33-24 against a person in an administrative hearing if, as a result of
33-25 the hearing, an administrative penalty is assessed against the
33-26 person. The person shall pay expenses and costs assessed under
33-27 this subsection not later than the 30th day after the date of the
34-1 order of the commissioner of public health or that commissioner's
34-2 designee requiring the payment of expenses and costs is final. The
34-3 department may refer the matter to the attorney general for
34-4 collection of the expenses and costs.
34-5 (u) If the attorney general brings an action against a
34-6 person to enforce an administrative penalty assessed under this Act
34-7 and the person is found liable for an administrative penalty, the
34-8 attorney general may recover, on behalf of the attorney general and
34-9 the department, reasonable expenses and costs.
34-10 (v) For purposes of this section, "reasonable expenses and
34-11 costs" includes expenses incurred by the department and the
34-12 attorney general in the investigation, initiation, or prosecution
34-13 of an action, including reasonable investigative costs, court
34-14 costs, attorney's fees, witness fees, and deposition expenses.
34-15 (w) Costs and expenses collected under this section shall be
34-16 deposited in the state treasury to the credit of a special account
34-17 that may be appropriated only to the department. Section 403.095,
34-18 Government Code, does not apply to the account.
34-19 Sec. 18 [11]. FEES; FUND. (a) The board by rule shall
34-20 prescribe fees in the amounts necessary to administer this Act[,
34-21 not to exceed:]
34-22 [(1) $50 for an initial application for a
34-23 registration;]
34-24 [(2) $20 for the issuance of a certificate of
34-25 registration;]
34-26 [(3) $30 for the annual renewal certificate of
34-27 registration; and]
35-1 [(4) $20 for issuance of a duplicate certificate of
35-2 registration or renewal certificate of registration].
35-3 (b) The board shall deposit all amounts received under this
35-4 Act in the state treasury to the credit of a special fund known as
35-5 the optician registry fund. Money in that fund is hereby
35-6 appropriated to the department to be used by the Texas Department
35-7 of Health for the administration of this Act.
35-8 Sec. 19 [12]. DENIAL, SUSPENSION, REVOCATION, AND PROBATION.
35-9 (a) The department may refuse to issue a certificate of
35-10 registration to an applicant, suspend or revoke a certificate of
35-11 registration, or place on probation an individual who is registered
35-12 under this Act if the individual:
35-13 (1) obtains a certificate by means of fraud,
35-14 misrepresentation, or concealment of material facts;
35-15 (2) sells, barters, or offers to sell or barter a
35-16 certificate of registration;
35-17 (3) violates a lawful rule adopted by the board;
35-18 (4) violates Section 4 of this Act; or
35-19 (5) practices medicine or optometry without a license.
35-20 (b) A person whose application of registration is denied,
35-21 suspended, or revoked is entitled to a hearing before the
35-22 department if the person submits a written request for a hearing to
35-23 the department. A hearing is governed by department rules for a
35-24 contested hearing and by Chapter 2001, Government Code [the
35-25 Administrative Procedure and Texas Register Act (Article 6252-13a,
35-26 Vernon's Texas Civil Statutes)].
35-27 Sec. 20 [13]. APPLICATION OF ACT. (a) This Act does not
36-1 prevent, limit, or restrict a person licensed in this state under
36-2 any other law from engaging in the profession or occupation for
36-3 which the person is licensed and does not require such a person to
36-4 be registered under this Act.
36-5 (b) This Act does not prevent, limit, or restrict an
36-6 employee of a person licensed in this state from performing the
36-7 duties of employment required by the licensed person and does not
36-8 require the employee to be registered under this Act if the
36-9 employee is supervised by the licensed person.
36-10 (c) This Act does not prevent, limit, or restrict an
36-11 individual, firm, or corporation from employing a person registered
36-12 under this Act or from engaging in the dispensing of opticianry,
36-13 spectacle dispensing, contact lens fitting, or [the functions of]
36-14 contact lens dispensing through a person appropriately registered
36-15 under this Act who is employed at the location at which the
36-16 dispensing occurs.
36-17 (d) This Act does not prevent, limit, or restrict an
36-18 individual, firm, or corporation from employing a person as an
36-19 assistant, trainee, or apprentice to engage in spectacle dispensing
36-20 under the supervision of a physician, optometrist, therapeutic
36-21 optometrist, or registered dispensing optician.
36-22 (e) This Act does not prevent, limit, or restrict an
36-23 individual, firm, or corporation from employing a person as an
36-24 assistant, trainee, or apprentice to engage in contact lens
36-25 dispensing under the supervision of a physician, optometrist,
36-26 therapeutic optometrist, or registered contact lens technician or
36-27 to provide instruction in the care and handling of contact lenses.
37-1 (f) This Act does not prohibit the Texas State Board of
37-2 Medical Examiners, the Texas Optometry Board, the attorney general,
37-3 or any other person authorized by law from bringing appropriate
37-4 actions to enforce the statutes of this state relating to the
37-5 practice of medicine without a license or the practice of optometry
37-6 without a license.
37-7 (g) This Act does not require [either that a person be
37-8 registered under this Act in order to engage in the sale or
37-9 dispensing of contact lenses or that] a person who works in a
37-10 wholesale laboratory that fabricates contact lenses to be
37-11 registered as a contact lens technician or contact lens dispenser
37-12 or require a wholesale laboratory to be registered as a contact
37-13 lens duplication establishment. For purposes of this subsection,
37-14 "wholesale laboratory" means a contact lens manufacturing facility
37-15 that does not sell its finished product directly to the public.
37-16 (h) An employee of a physician, optometrist, therapeutic
37-17 optometrist, or pharmacist is not required to be registered under
37-18 this Act if the employee performs contact lens dispensing services
37-19 under the direct supervision and control of the physician,
37-20 optometrist, therapeutic optometrist, or pharmacist.
37-21 (i) This Act does not prevent an unregistered person from
37-22 selling ready-to-wear spectacles or eyeglasses as merchandise at
37-23 retail or prevent an unregistered person from making simple repairs
37-24 to spectacles.
37-25 Sec. 21 [14]. PHYSICIAN'S PRESCRIPTIONS; DELEGATION. (a)
37-26 This [Neither this] Act does not prevent, limit, or restrict [nor
37-27 any other law of this state relating to dispensing opticians
38-1 prevents, limits, or restricts] a [licensed] physician from
38-2 treating or prescribing for the physician's patients or from
38-3 directing or instructing others under the physician's control or
38-4 supervision who assist [from aiding or ministering to the needs of]
38-5 those patients according to specific directions, orders,
38-6 instructions, or prescriptions.
38-7 (b) If a physician's directions, instructions, orders, or
38-8 prescriptions are to be followed, performed [, carried out,] or
38-9 filled by a person who is [registered dispensing optician separate
38-10 from and] independent of the [a] physician's office and who is not
38-11 a registered optician, the directions, instructions, orders, or
38-12 prescriptions must:
38-13 (1) be written;
38-14 (2) be of a scope and content and be communicated to
38-15 the person [dispensing optician] in a form and manner that, in the
38-16 professional judgment of the physician, best serves the health,
38-17 safety, and welfare of the physician's patients; and
38-18 (3) be in a form and detail consistent with the
38-19 particular person's [dispensing optician's] skill and knowledge.
38-20 (c) A [person] registered [under this Act as a] contact lens
38-21 dispenser may take measurements of the eye or cornea and may
38-22 evaluate the physical fit of lenses for a particular patient of a
38-23 [licensed] physician if the physician has delegated in writing
38-24 those responsibilities with regard to that specific patient [in
38-25 writing] to the registered contact lens dispenser in accordance
38-26 with this section, Section 20 of this Act, and Section 5.17, Texas
38-27 Optometry Act (Article 4552-5.17, Vernon's Texas Civil Statutes).
39-1 (d) An instruction by a physician to "fit for contacts," or
39-2 similar language indicating contact lenses, is considered direction
39-3 or approval for the fitting of contact lenses by a registered
39-4 contact lens technician.
39-5 SECTION 2. Section 5.17(d), Texas Optometry Act (Article
39-6 4552-5.17, Vernon's Texas Civil Statutes), is amended to read as
39-7 follows:
39-8 (d) Nothing in this Act shall prevent, limit, or interfere
39-9 with the right of a person [dispensing optician or ophthalmic
39-10 dispenser] registered under the Opticians' Registry Act (Article
39-11 4551-1, Vernon's Texas Civil Statutes) [and its subsequent
39-12 amendments] to engage in providing ophthalmic services and products
39-13 [spectacle or contact lens dispensing] as provided [defined] by
39-14 that Act. This subsection does not prohibit the board from acting
39-15 under this Act to restrict the unauthorized practice of optometry.
39-16 SECTION 3. Section 5.21(e), Texas Optometry Act (Article
39-17 4552-5.21, Vernon's Texas Civil Statutes), is amended to read as
39-18 follows:
39-19 (e) This section does not affect the right of a patient
39-20 under the Opticians' Registry [Texas Contact Lens Prescription] Act
39-21 (Article 4551-1, Vernon's Texas Civil Statutes) to have access to
39-22 the patient's prescription for contact lenses.
39-23 SECTION 4. The Texas Contact Lens Prescription Act (Article
39-24 4552-A, Vernon's Texas Civil Statutes) is repealed.
39-25 SECTION 5. (a) This Act takes effect September 1, 1999.
39-26 (b) The Texas Department of Health shall issue to a person
39-27 registered as a spectacle dispenser immediately before the
40-1 effective date of this Act under the Opticians' Registry Act
40-2 (Article 4551-1, Vernon's Texas Civil Statutes) a certificate of
40-3 registration as a registered dispensing optician with the same
40-4 registration number and expiration date as the person's previous
40-5 certificate of registration.
40-6 (c) A person who has been actively engaged in the dispensing
40-7 of opticianry as defined by the Opticians' Registry Act (Article
40-8 4551-1, Vernon's Texas Civil Statutes), as amended by this Act,
40-9 since September 1, 1997, is entitled to a certificate of
40-10 registration as a registered dispensing optician without
40-11 examination if the person:
40-12 (1) applies to the Texas Department of Health for
40-13 registration not later than August 31, 2000; and
40-14 (2) pays the registration fee set by the department.
40-15 (d) A person who immediately before the effective date of
40-16 this Act was actively engaged in spectacle dispensing as defined by
40-17 the Opticians' Registry Act (Article 4551-1, Vernon's Texas Civil
40-18 Statutes) before the effective date of this Act is entitled to a
40-19 certificate of registration as a registered spectacle dispenser if
40-20 the person:
40-21 (1) applies to the Texas Department of Health for
40-22 registration not later than August 31, 2000; and
40-23 (2) pays the registration fee set by the department.
40-24 (e) The Texas Department of Health shall issue to a person
40-25 registered as a registered contact lens dispenser immediately
40-26 before the effective date of this Act under the Opticians' Registry
40-27 Act (Article 4551-1, Vernon's Texas Civil Statutes) a certificate
41-1 of registration as a registered contact lens technician with the
41-2 same registration number and expiration date as the previous
41-3 certificate of registration.
41-4 (f) A person who has been actively engaged in contact lens
41-5 fitting as defined by the Opticians' Registry Act (Article 4551-1,
41-6 Vernon's Texas Civil Statutes), as amended by this Act, since
41-7 September 1, 1995, is entitled to a certificate of registration as
41-8 a registered contact lens technician without examination if the
41-9 person:
41-10 (1) applies to the Texas Department of Health for
41-11 registration not later than August 31, 2000; and
41-12 (2) pays the registration fee set by the department.
41-13 (g) The Texas Department of Health shall issue to a person
41-14 holding a contact lens dispensing permit under the Texas Contact
41-15 Lens Prescription Act (Article 4552-A, Vernon's Texas Civil
41-16 Statutes) immediately before the effective date of this Act a
41-17 certificate of registration as a registered contact lens dispenser
41-18 with the same expiration date as the permit.
41-19 (h) A person who immediately before the effective date of
41-20 this Act was actively engaged in contact lens dispensing as defined
41-21 by the Opticians' Registry Act (Article 4551-1, Vernon's Texas
41-22 Civil Statutes) is entitled to a certificate of registration as a
41-23 registered contact lens dispenser if the person:
41-24 (1) applies to the Texas Department of Health for
41-25 registration not later than August 31, 2000; and
41-26 (2) pays the registration fee set by the department.
41-27 (i) As soon as possible on or after the effective date of
42-1 this Act, the Texas Board of Health shall appoint the initial
42-2 members of the Opticians' Registry Advisory Committee. The terms
42-3 of the initial members of the committee shall be determined by lot,
42-4 with the terms of three members expiring February 28, 2001, the
42-5 terms of three members expiring February 28, 2003, and the terms of
42-6 three members expiring February 28, 2005.
42-7 SECTION 6. The importance of this legislation and the
42-8 crowded condition of the calendars in both houses create an
42-9 emergency and an imperative public necessity that the
42-10 constitutional rule requiring bills to be read on three several
42-11 days in each house be suspended, and this rule is hereby suspended.