By Maxey H.B. No. 846
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of a contact lens prescription and a
1-3 patient's right of access to that prescription.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 353.101, Occupations Code, is amended to
1-6 read as follows:
1-7 Sec. 353.101. Prohibited Selling or Dispensing. A person,
1-8 other than the prescribing physician, optometrist, or therapeutic
1-9 optometrist, may not fill a contact lens prescription or sell or
1-10 dispense contact lenses to a consumer in this state unless the
1-11 person receives a [an original] contact lens prescription, in
1-12 accordance with Section 353.152, that has not expired and that
1-13 conforms to the requirements of this chapter.
1-14 SECTION 2. Section 353.102, Occupations Code, is amended to
1-15 read as follows:
1-16 Sec. 353.102. Accuracy Required. A person who dispenses
1-17 contact lenses under this chapter from a contact lens prescription
1-18 shall fill the prescription accurately [subject to Section
1-19 353.103].
1-20 SECTION 3. Section 353.103, Occupations Code, is amended to
1-21 read as follows:
1-22 Sec. 353.103. [AUTHORIZED MODIFICATION OF] PRESCRIPTION
2-1 RECORDS. (a) When [If] a patient presents a contact lens
2-2 prescription to be filled, [but requests that fewer than the total
2-3 number of lenses authorized by the prescription be dispensed, the
2-4 person dispensing the lenses shall note on the prescription:]
2-5 [(1) the number of lenses dispensed;]
2-6 [(2) the number of lenses that remain eligible to be
2-7 dispensed under the prescription; and]
2-8 [(3) the name, address, telephone number, and license
2-9 or permit number of the person dispensing the lenses.]
2-10 [(b) A notation under Subsection (a) is a permanent
2-11 modification of the prescription. Except as provided by this
2-12 subsection, a contact lens prescription may not be modified.]
2-13 [(c) Subject to Subsection (d),] the person dispensing the
2-14 lenses shall:
2-15 (1) maintain a photocopy of the [original signed]
2-16 prescription[, as modified,] in the person's records until the
2-17 fifth anniversary of the date the prescription was filled [as if
2-18 the copy were the original prescription]; and
2-19 (2) return the [original] prescription to the patient
2-20 [so that the patient may have the additional lenses dispensed
2-21 elsewhere].
2-22 [(d) When a prescription has been completely filled, the
2-23 person dispensing the lenses shall retain the original prescription
2-24 in the person's records until the fifth anniversary of the date the
2-25 prescription is completely filled.]
2-26 [(e)] (b) The board by rule may permit a contact lens
3-1 prescription required to be maintained under this chapter to be
3-2 scanned into a computer and the original paper prescription
3-3 destroyed.
3-4 SECTION 4. Section 353.104, Occupations Code, is amended to
3-5 read as follows:
3-6 Sec. 353.104. Emergency Refill. (a) If a patient needs an
3-7 emergency refill of the patient's contact lens prescription, a
3-8 physician, optometrist, or therapeutic optometrist may telephone or
3-9 fax the prescription to a person authorized to dispense contact
3-10 lenses under Section 353.051.
3-11 (b) The person filling the prescription shall maintain a
3-12 copy of the fax or telephone record [as if the record were an
3-13 original signed prescription].
3-14 (c) The fax or telephone record must include the name,
3-15 address, telephone number, and license number of the physician,
3-16 optometrist, or therapeutic optometrist.
3-17 SECTION 5. Sections 353.152 of the Occupations Code, and a
3-18 new Sec. 353.1521, are amended to read as follows:
3-19 Sec. 353.152. Requirements for Contact Lens Prescription.
3-20 (a) A contact lens prescription must be written and must contain:
3-21 (1) the patient's name;
3-22 (2) the date the prescription was issued;
3-23 (3) the manufacturer of the contact lens to be
3-24 dispensed, if warranted by the patient's ocular health [needed];
3-25 (4) the expiration date of the prescription, in
3-26 accordance with Section 353.153;
4-1 (5) the [original] signature of the physician,
4-2 optometrist, or therapeutic optometrist;
4-3 (6) if the prescription is for disposable contact
4-4 lenses, [the total number of lenses authorized to be issued under
4-5 the prescription and] the recommended lens replacement interval;
4-6 (7) if the prescription is issued by an optometrist,
4-7 specification information required by Texas Optometry Board rule;
4-8 and
4-9 (8) if the prescription is issued by a physician,
4-10 specification information required by Texas State Board of Medical
4-11 Examiners rule.
4-12 (b) A faxed or photocopied prescription is a valid
4-13 prescription only if it is confirmed by the prescribing physician,
4-14 optometrist, or therapeutic optometrist in accordance with Sec.
4-15 353.1521.
4-16 Sec. 353.1521. FAXED AND COPIED PRESCRIPTIONS. (a) If a
4-17 patient presents a faxed or copied contact lens prescription to be
4-18 filled, the person filling the prescription shall:
4-19 (1) confirm, including telephone confirmation, the
4-20 validity of the prescription with the prescribing physician,
4-21 optometrist, or therapeutic optometrist; and
4-22 (2) maintain the prescription record in accordance
4-23 with Sec. 353.103.
4-24 (b) The prescribing physician, optometrist, or therapeutic
4-25 optometrist shall promptly confirm the validity of a faxed or
4-26 copied prescription which that physician, optometrist, or
5-1 therapeutic optometrist prescribed upon the request of a person
5-2 authorized to dispense contact lenses under Section 353.051.
5-3 SECTION 6. Section 353.155, Occupations Code, is amended to
5-4 read as follows:
5-5 Sec. 353.155. Extension of Prescription. (a) A physician,
5-6 optometrist, or therapeutic optometrist may extend the expiration
5-7 date for a contact lens prescription without completing another eye
5-8 examination.
5-9 (b) On request by a patient, a prescribing physician,
5-10 optometrist, or therapeutic optometrist shall authorize at least
5-11 once a two-month extension of the patient's contact lens
5-12 prescription.
5-13 (c) The physician, optometrist, or therapeutic optometrist
5-14 may extend the prescription in accordance with Section 353.104.
5-15 SECTION 7. Section 353.156, Occupations Code, is amended to
5-16 read as follows:
5-17 Sec. 353.156. Patient Access to Prescription; Timing. (a)
5-18 A physician, optometrist, or therapeutic optometrist who performs
5-19 an eye examination and fits a patient for contact lenses shall[, on
5-20 request,] prepare and give a contact lens prescription to the
5-21 patient.
5-22 (b) If the patient requests the contact lens prescription
5-23 during an initial or annual eye examination, the physician,
5-24 optometrist, or therapeutic optometrist shall prepare and give the
5-25 prescription to the patient at the time the physician, optometrist,
5-26 or therapeutic optometrist determines the parameters of the
6-1 prescription. The physician, optometrist, or therapeutic
6-2 optometrist shall not require a follow-up examination unless
6-3 warranted by the patient's ocular health in order to determine the
6-4 parameters of the prescription.
6-5 (c) [On receipt of a prescription] Upon request from a
6-6 patient [who did not request or receive an original contact lens
6-7 prescription during an initial or annual eye examination,] the
6-8 physician, optometrist, or therapeutic optometrist shall provide
6-9 the patient with the prescription at any time during which the
6-10 prescription is valid. If the patient requests more than one
6-11 prescription while it is valid, the physician, optometrist, or
6-12 therapeutic optometrist shall provide the patient with the
6-13 prescription.
6-14 (d) If the patient requests the physician, optometrist, or
6-15 therapeutic optometrist to deliver the prescription to the patient
6-16 or to another person, the physician, optometrist, or therapeutic
6-17 optometrist may charge to the patient the cost of delivery.
6-18 SECTION 8. Section 353.157, Occupations Code, Subsection (b)
6-19 is amended to read as follows:
6-20 (b) Notwithstanding Section 353.156, a physician,
6-21 optometrist, or therapeutic optometrist may refuse to give a
6-22 contact lens prescription to a patient if:
6-23 (1) the patient's ocular health presents a
6-24 contraindication for contact lenses;
6-25 (2) refusal is warranted due to potential harm to the
6-26 patient's ocular health;
7-1 (3) the patient has a medical condition indicating
7-2 that:
7-3 (A) the patient's ocular health would be damaged
7-4 if the prescription were released to the patient; or
7-5 (B) further monitoring of the patient is needed;
7-6 (4) the patient has not paid for the examination and
7-7 fitting or has not paid other financial obligations to the
7-8 physician, optometrist, or therapeutic optometrist if the patient
7-9 would have been required to make an immediate or similar payment if
7-10 the examination revealed that ophthalmic goods were not required,
7-11 unless the unpaid amount is due to a pending or disputed insurance
7-12 claim; or
7-13 (5) the request is made after the first anniversary of
7-14 the date of the patient's last eye examination.
7-15 SECTION 9. Section 353.158, Occupations Code, is amended to
7-16 read as follows:
7-17 Sec. 353.158. Prohibited Action by Physician, Optometrist,
7-18 or Therapeutic Optometrist. A physician, optometrist, or
7-19 therapeutic optometrist may not:
7-20 (1) charge a patient a fee in addition to the
7-21 examination fee and fitting fee as a condition for giving a contact
7-22 lens prescription to the patient; [or]
7-23 (2) condition the availability to a patient of an eye
7-24 examination, a fitting for contact lenses, the issuance of a
7-25 contact lens prescription, or a combination of those services on a
7-26 requirement that the patient agree to purchase contact lenses or
8-1 other ophthalmic goods from the physician, optometrist, or
8-2 therapeutic optometrist or from a specific ophthalmic dispenser; or
8-3 (3) fill a prescription that the physician,
8-4 optometrist, or therapeutic optometrist has refused to release to a
8-5 patient, unless the refusal is based on the patient's ocular health
8-6 as allowed under Sec. 353.156(b) or Sec. 353.157(b)(1), (2), or
8-7 (3).
8-8 SECTION 10. This Act takes effect September 1, 2001.
8-9 SECTION 11. The importance of this legislation and the
8-10 crowded condition of the calendars in both houses create an
8-11 emergency and an imperative public necessity that the
8-12 constitutional rule requiring bills to be read on three several
8-13 days in each house be suspended, and this rule is hereby suspended.