HBA-DMH H.B. 846 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 846 By: Maxey Public Health 2/11/2001 Introduced BACKGROUND AND PURPOSE The 75th Legislature required ophthalmologists, optometrists, and therapeutic optometrists to release a contact lens prescription to a patient entitling each patient to have a prescription filled wherever they choose. Some problems have emerged since this change in law took effect in 1997. House Bill 846 modifies provisions relating to how contact lens prescriptions are handled. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 846 amends the Occupations Code to require person filling a contact lens prescription (prescription) to confirm the validity of the prescription with the prescribing physician, optometrist, or therapeutic optometrist (medical practitioner) when a patient presents a faxed or copied prescription to be filled, and maintain the prescription in accordance with specified prescription record requirements. The bill provides that a faxed or photocopied prescription is valid only if it is confirmed by the prescribing medical practitioner. The bill requires the prescribing medical practitioner to promptly confirm the validity of a faxed or copied prescription, which was prescribed by that medical practitioner, at the request of a person authorized to dispense contact lenses (Secs. 353.152 and 353.1521). The bill prohibits a medical practitioner from requiring a follow-up examination unless warranted by the patient's ocular health in order to determine the parameters of the prescription. If the patient requests more than one prescription while it is valid, the bill requires the medical practitioner to provide the patient with the prescription (Sec. 353.156). The bill authorizes a medical practitioner to refuse to give a prescription to a patient with specified pending financial obligations, unless the unpaid amount is due to a pending or disputed insurance claim (Sec. 353.157). The bill prohibits a medical practitioner from filling a prescription that the medical practitioner has refused to release to a patient, unless the refusal is based on the patient's ocular health (Sec. 353.158). The bill eliminates requirements for modifying a prescription when fewer than the total number of lenses authorized by the prescription are dispensed to a patient (Secs. 353.102 and 353.103). EFFECTIVE DATE September 1, 2001.