By Gray H.B. No. 1877
77R5419 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of contact lens dispensing.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 353, Occupations Code, is
1-5 amended by adding Sections 353.005 and 353.006 to read as follows:
1-6 Sec. 353.005. EXEMPTION FROM OTHER LAWS. A permit holder
1-7 under this chapter who is not licensed under Subtitle B or Chapter
1-8 351 is exempt from the requirements of those laws as long as the
1-9 permit holder is in compliance with this chapter.
1-10 Sec. 353.006. DIGITAL SIGNATURE. (a) In this section,
1-11 "digital signature" means an electronic identifier intended by the
1-12 person using it to have the same force and effect as the use of a
1-13 manual signature.
1-14 (b) A written electronic communication sent from or received
1-15 in this state in connection with a transaction governed by this
1-16 chapter is considered signed if a digital signature is transmitted
1-17 with the communication.
1-18 (c) This section does not preclude any symbol from being
1-19 valid as a signature under other applicable law.
1-20 (d) The use of a digital signature under this chapter is
1-21 subject to criminal laws relating to fraud and computer crimes,
1-22 including Chapters 32 and 33, Penal Code.
1-23 SECTION 2. Section 353.051, Occupations Code, is amended to
1-24 read as follows:
2-1 Sec. 353.051. CONTACT LENS DISPENSER. Contact lenses may be
2-2 dispensed only by:
2-3 (1) a physician, optometrist, therapeutic optometrist,
2-4 or pharmacist;
2-5 (2) an employee of a physician, optometrist,
2-6 therapeutic optometrist, or pharmacist who performs contact lens
2-7 dispensing services only under the direct supervision and control
2-8 of the physician, optometrist, therapeutic optometrist, or
2-9 pharmacist; [or]
2-10 (3) an optician who holds a contact lens dispensing
2-11 permit issued under this subchapter; or
2-12 (4) a business entity that holds a contact lens
2-13 dispensing permit issued under this subchapter.
2-14 SECTION 3. Section 353.101, Occupations Code, is amended to
2-15 read as follows:
2-16 Sec. 353.101. PROHIBITED SELLING OR DISPENSING. A person,
2-17 other than the prescribing physician, optometrist, or therapeutic
2-18 optometrist, may not fill a contact lens prescription or sell or
2-19 dispense contact lenses to a consumer in this state unless the
2-20 person:
2-21 (1) receives a [an original] contact lens prescription
2-22 that has not expired and that conforms to the requirements of this
2-23 chapter; or
2-24 (2) has verified or attempted to verify the consumer's
2-25 contact lens prescription.
2-26 SECTION 4. Section 353.104, Occupations Code, is amended to
2-27 read as follows:
3-1 Sec. 353.104. REQUEST FOR PRESCRIPTION [EMERGENCY] REFILL OR
3-2 VERIFICATION. (a) If a patient or an agent of the patient requests
3-3 a [needs an emergency] refill or verification of the patient's
3-4 contact lens prescription, a physician, optometrist, or therapeutic
3-5 optometrist shall provide the prescription or verification [may
3-6 telephone or fax the prescription] to a person authorized to
3-7 dispense contact lenses under Section 353.051.
3-8 (b) The person filling the prescription shall maintain a
3-9 copy of the prescription or verification [fax or telephone] record
3-10 as if the record were an original signed prescription.
3-11 (c) The prescription or verification [fax or telephone]
3-12 record must include the name, address, telephone number, and
3-13 license number, if known, of the physician, optometrist, or
3-14 therapeutic optometrist.
3-15 SECTION 5. Section 353.152, Occupations Code, is amended to
3-16 read as follows:
3-17 Sec. 353.152. REQUIREMENTS FOR CONTACT LENS PRESCRIPTION. A
3-18 contact lens prescription must [be written and must] contain:
3-19 (1) the patient's name;
3-20 (2) the date the prescription was issued;
3-21 (3) the manufacturer of the contact lens to be
3-22 dispensed, if needed;
3-23 (4) the expiration date of the prescription;
3-24 (5) [the original signature of the physician,
3-25 optometrist, or therapeutic optometrist;]
3-26 [(6)] if the prescription is for disposable contact
3-27 lenses, the [total number of lenses authorized to be issued under
4-1 the prescription and the] recommended lens replacement interval;
4-2 (6) [(7)] if the prescription is issued by an
4-3 optometrist, specification information required by Texas Optometry
4-4 Board rule; and
4-5 (7) [(8)] if the prescription is issued by a
4-6 physician, specification information required by Texas State Board
4-7 of Medical Examiners rule.
4-8 SECTION 6. Section 353.153, Occupations Code, is amended to
4-9 read as follows:
4-10 Sec. 353.153. TERM OF PRESCRIPTION. A physician,
4-11 optometrist, or therapeutic optometrist may not issue a contact
4-12 lens prescription that expires before the second [first]
4-13 anniversary of the date the patient's prescription parameters are
4-14 determined, unless a shorter prescription period is warranted by
4-15 the patient's ocular health or by potential harm to the patient's
4-16 ocular health.
4-17 SECTION 7. Section 353.154, Occupations Code, is amended to
4-18 read as follows:
4-19 Sec. 353.154. SHORT-TERM PRESCRIPTION. If a physician,
4-20 optometrist, or therapeutic optometrist writes a contact lens
4-21 prescription for a period of less than two years [one year], the
4-22 physician, optometrist, or therapeutic optometrist shall:
4-23 (1) give the patient a verbal explanation of the
4-24 reason for the action at the time of the action; and
4-25 (2) maintain in the patient's records a written
4-26 explanation of the reason.
4-27 SECTION 8. Section 353.155(b), Occupations Code, is amended
5-1 to read as follows:
5-2 (b) On request by a patient or an agent of the patient, a
5-3 prescribing physician, optometrist, or therapeutic optometrist
5-4 shall authorize at least once a two-month extension of the
5-5 patient's contact lens prescription. The physician, optometrist,
5-6 or therapeutic optometrist may extend the prescription in
5-7 accordance with Section 353.104.
5-8 SECTION 9. Section 353.156, Occupations Code, is amended to
5-9 read as follows:
5-10 Sec. 353.156. PATIENT ACCESS TO PRESCRIPTION; TIMING. (a)
5-11 A physician, optometrist, or therapeutic optometrist who performs
5-12 an eye examination and fits a patient for contact lenses shall[, on
5-13 request,] prepare and give a contact lens prescription to the
5-14 patient.
5-15 (b) The [If the patient requests the contact lens
5-16 prescription during an initial or annual eye examination, the]
5-17 physician, optometrist, or therapeutic optometrist who issues a
5-18 contact lens prescription shall provide [prepare and give] the
5-19 prescription to the patient or the patient's agent and shall verify
5-20 the patient's prescription at any [the] time during which the
5-21 [physician, optometrist, or therapeutic optometrist determines the
5-22 parameters of the] prescription is valid. If the prescribing
5-23 physician, optometrist, or therapeutic optometrist fails to respond
5-24 to a request for verification of a prescription within a medically
5-25 reasonable time, the prescription previously provided to the
5-26 patient or agent is considered to be valid.
5-27 (c) A health care professional who sells contact lenses must
6-1 post a sign in plain view of the area in which payment for the
6-2 lenses is to be made and having at least half-inch type that reads:
6-3 "YOU HAVE A RIGHT TO RECEIVE YOUR CONTACT LENS PRESCRIPTION
6-4 FOLLOWING THE FINAL FITTING OF YOUR CONTACTS." [On receipt of a
6-5 prescription request from a patient who did not request or receive
6-6 an original contact lens prescription during an initial or annual
6-7 eye examination, the physician, optometrist, or therapeutic
6-8 optometrist shall provide the patient with the prescription at any
6-9 time during which the prescription is valid. If the patient
6-10 requests the physician, optometrist, or therapeutic optometrist to
6-11 deliver the prescription to the patient or to another person, the
6-12 physician, optometrist, or therapeutic optometrist may charge to
6-13 the patient the cost of delivery.]
6-14 SECTION 10. Section 353.157, Occupations Code, is amended to
6-15 read as follows:
6-16 Sec. 353.157. LIMITATIONS ON OR REFUSAL TO GIVE
6-17 PRESCRIPTION. (a) A physician, optometrist, or therapeutic
6-18 optometrist may exclude categories of contact lenses from a contact
6-19 lens prescription only if the exclusion is clinically indicated.
6-20 (b) Notwithstanding Section 353.156, a physician,
6-21 optometrist, or therapeutic optometrist may refuse to release
6-22 [give] a 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;
6-27 (3) the patient has a medical condition indicating
7-1 that:
7-2 (A) the patient's ocular health would be damaged
7-3 if the prescription were released to the patient; or
7-4 (B) further monitoring of the patient is needed;
7-5 (4) the patient has not paid for the examination and
7-6 fitting or has not paid other financial obligations to the
7-7 physician, optometrist, or therapeutic optometrist if the patient
7-8 would have been required to make an immediate or similar payment if
7-9 the examination revealed that ophthalmic goods were not required;
7-10 or
7-11 (5) the request is made after the second [first]
7-12 anniversary of the date of the patient's last eye examination.
7-13 (c) If a physician, optometrist, or therapeutic optometrist
7-14 refuses to provide [give a patient] the patient's contact lens
7-15 prescription for a reason permitted under Subsection (b), the
7-16 physician, optometrist, or therapeutic optometrist must:
7-17 (1) provide [give the patient] a verbal explanation of
7-18 the reason for the action at the time of the action; and
7-19 (2) maintain in the patient's records a written
7-20 explanation of the reason.
7-21 (d) Subsection (b) does not prohibit a physician,
7-22 optometrist, or therapeutic optometrist from giving a patient or
7-23 the patient's agent the patient's contact lens prescription.
7-24 SECTION 11. Section 353.158, Occupations Code, is amended to
7-25 read as follows:
7-26 Sec. 353.158. PROHIBITED ACTION BY PHYSICIAN, OPTOMETRIST,
7-27 OR THERAPEUTIC OPTOMETRIST. A physician, optometrist, or
8-1 therapeutic optometrist may not:
8-2 (1) charge a patient a fee in addition to the
8-3 examination fee and fitting fee as a condition for giving a contact
8-4 lens prescription to the patient; [or]
8-5 (2) condition the availability to a patient of an eye
8-6 examination, a fitting for contact lenses, the issuance of a
8-7 contact lens prescription, or a combination of those services on a
8-8 requirement that the patient agree to purchase contact lenses or
8-9 other ophthalmic goods from the physician, optometrist, or
8-10 therapeutic optometrist or from a specific ophthalmic dispenser; or
8-11 (3) fail or refuse to respond to a request for
8-12 verification of a prescription if the prescription information
8-13 submitted for verification contains an error.
8-14 SECTION 12. Section 353.204(b), Occupations Code, is amended
8-15 to read as follows:
8-16 (b) Except as otherwise provided by this section, the board
8-17 is solely responsible for enforcing this chapter and for enforcing
8-18 Subtitle B and Chapter 351 with respect to an alleged violation by
8-19 a business that holds a permit under Section 353.052.
8-20 SECTION 13. Subchapter E, Chapter 353, Occupations Code, is
8-21 amended by adding Section 353.2041 to read as follows:
8-22 Sec. 353.2041. DEFENSE TO ENFORCEMENT OR OTHER ACTION. It is
8-23 a complete defense to any action against a permit holder under this
8-24 chapter that the permit holder was prevented from complying with a
8-25 provision of this chapter as a result of the refusal by a
8-26 physician, optometrist, or therapeutic optometrist, or an agent of
8-27 a physician, optometrist, or therapeutic optometrist, to verify a
9-1 prescription or to provide prescription information required under
9-2 this chapter.
9-3 SECTION 14. (a) This Act takes effect September 1, 2001.
9-4 (b) A change in law made by this Act with respect to the
9-5 requirements applicable to the issuance of a contact lens
9-6 prescription applies only to a prescription for contact lenses
9-7 issued on or after the effective date of this Act.