HBA-JEK, CCH C.S.H.B. 1877 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1877
By: Gray
Public Health
4/11/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Contact Lens Prescription Act (Act) provides consumers with direct
access to their contact lens prescriptions.  However, some consumers are
still encountering difficulty in accessing their contact lens prescriptions
and getting their prescriptions filled by outside dispensers.  C.S.H.B.
1877 clarifies the Act by requiring a physician, optometrist, or
therapeutic optometrist to release a patient's contact lens prescription at
the time of an exam, and to verify prescriptions to those who hold a
contact lens dispenser permit. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 1
(Section 353.007, Occupations Code) and in SECTION 15 of this bill. 

ANALYSIS

C.S.H.B. 1877 amends the Occupations Code to provide that a holder of a
contact lens dispenser permit who is not a licensed physician, optometrist,
or therapeutic optometrist (ocular professional) is exempt from the
requirements of the Medical Practice Act and the Texas Optometry Act as
long as the permit holder complies with the Contact Lens Prescription Act
(Sec. 353.005).  C.S.H.B. 1877 provides that a written electronic
communication sent from  or received in Texas in connection with dispensing
contact lenses is considered signed if a digital signature is transmitted
with the communication.  The bill provides that the use of a digital
signature is subject to criminal laws relating to fraud and computer crimes
(Sec. 353.006).  The bill requires the Texas Board of Health (TBH) to adopt
rules governing the prompt release or confirmation of a patient's valid
prescription no later than January 1, 2002, and authorizes TBH to adopt
rules to give effect to the requirements of the Contact Lense Prescription
Act (Sec. 353.007 and SECTION 15). 

C.S.H.B. 1877 authorizes contact lenses to be dispensed by a business
entity that holds a contact lens dispensing permit (Sec. 353.051).  The
bill authorizes a person other than an ocular professional to sell or
dispense contact lenses, if the person confirms the validity of the
consumer's contact lens prescription (Sec. 353.101).   

The bill requires an ocular professional upon request to provide
confirmation of a person's valid prescription to a contact lens dispenser.
The bill prohibits an ocular professional from failing to respond promptly
to a request to release or confirm a prescription.  The bill authorizes an
ocular professional to require a follow-up examination only if warranted by
the patient's ocular health to determine the parameters of the prescription
(Secs. 353.104, 353.156, and 353.158).   

C.S.H.B. 1877 removes provisions regarding the notations that must be made
on the prescription of a patient who requests fewer than the total number
of lenses authorized to be dispensed by the prescription. The bill requires
a person dispensing contact lenses to maintain a copy of the prescription
or confirmation record for each order until the fifth anniversary of the
date the prescription was filled and to notify the ocular professional of
the date and number of each prescribed lens dispensed (Sec. 353.103). 
 
C.S.H.B. 1877 provides that a contact lens prescription must contain the
signature of or documentation of the oral approval of the ocular
professional (Sec. 353.152).  The bill requires an ocular professional to
authorize a two-month prescription extension on a request of an agent of
the patient (Sec. 353.155).  The bill requires an ocular professional to
prepare and give a prescription to a patient if the patient requests more
than one prescription while the prescription is valid (Sec. 353.156). 

C.S.H.B. 1877 requires a person filling a contact lens prescription to
contact the prescribing ocular professional to confirm the validity of the
prescription and to maintain an appropriate prescription record, and
requires the prescribing ocular professional to promptly confirm the
validity of the patient's prescription to an authorized lens dispenser
(Sec. 353.1521).  The bill authorizes an ocular professional to declare
promptly that a prescription is invalid if the expiration date of the
prescription has passed or the patient's record reflects that the total
number of lenses dispensed exceeds by 20 percent the authorized number
(Sec. 353.1522).   

The bill authorizes an ocular professional to refuse to give a contact lens
prescription to a patient only if the prescription has expired, or the
patient has not paid for the examination, fitting, or any other financial
obligations unless a claim is pending or being disputed.  An ocular
professional who refuses to release or confirm a patient's contact lense
prescription is required to give the patient or lens dispenser a written
explanation of the reason for the refusal (Sec. 353.157).  The bill
prohibits an ocular professional from filling a prescription that the
professional has refused to release to a patient unless the refusal is
based on the patient's ocular health (Sec. 353.158). 

C.S.H.B. 1877 provides that TBH has the exclusive responsibility for
enforcing the Contact Lens Prescription Act and for enforcing an alleged
violation by a business that holds a contact lens dispensing permit (Sec
353.204).  The bill also provides that it is a defense to any action
against a permit holder if the permit holder was prevented from complying
as a result of the refusal by an ocular professional to promptly release or
confirm a prescription (Sec. 353.2041). 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1877 differs from the original bill by  removing the provision in
the original that prohibited an ocular professional from issuing a contact
lens prescription that expired before the second, rather than the first,
anniversary of the date the patient's prescription parameters are
determined.  The substitute also deletes provisions that required notations
to be made on the prescription of a patient requesting fewer than the total
number of lenses authorized to be dispensed by that prescription.   

The substitute requires a person dispensing contact lenses to maintain a
copy of the prescription or confirmation record for each order until the
fifth anniversary of the date the prescription was filled and to notify the
ocular professional of the date and number of each prescribed lens
dispensed (Sec. 353.103). The substitute authorizes an ocular professional
to declare a prescription invalid if the patient's record reflects that the
total number of lenses dispensed exceeds by 20 percent the authorized
number (Sec. 353.1522).  The substitute removes the provision in the
original that a patient's prescription is considered valid if an ocular
professional fails to respond to  request for a prescription's verification
within a medically reasonable time. 

C.S.H.B. 1877 removes the provision that required a health care
professional who sells contact lenses to post a sign stating that patients
have a right to receive their contact lens prescription following the final
fitting of the contacts (Sec. 353.156).  The substitute provides that a
contact lens prescription must contain the signature or documentation of
the oral approval of an ocular professional (Sec. 353.152). 

C.S.H.B. 1877 requires an ocular professional to provide a prescription to
a patient if the patient requests  more than one prescription while the
prescription is valid.  The substitute authorizes an ocular professional to
refuse to give a contact lens prescription to a patient only if the
prescription has expired, or the patient has not paid for the examination,
fitting, or any other financial obligations unless a claim is pending or
being disputed.  The substitute requires an ocular professional who refuses
to release or confirm a patient's contact lens prescription to give the
patient a written explanation of the reason for the refusal (Secs. 353.156
and 353.157).  The substitute prohibits an ocular professional from filling
a prescription that the professional has refused to release unless the
refusal is based on the patient's ocular health (Sec. 353.158).  

The substitute authorizes the Texas Board of Health (TBH) to adopt rules to
give effect to the requirements of the Contact Lense Prescription Act and
requires TBH to adopt rules governing the prompt release or confirmation of
a patient's valid prescription (Sec. 353.007).