By Maxey H.B. No. 3369
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 study and adoption of rules by the Texas Optometry
1-3 Board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. (a) The Texas Optometry Board shall study its
1-6 rules relating to contact lenses and the Contact Lens Prescription
1-7 Act (Chapter 353, Occupations Code) to determine the extent to
1-8 which those rules conform to both the letter and the full spirit of
1-9 the Contact Lens Prescription Act. Prior to January 1, 2003, the
1-10 Texas Optometry Board shall revise those rules that are conflict
1-11 with the letter and spirit of the Contact Lens Prescription Act,
1-12 with specific attention toward creating rules on the following
1-13 subjects:
1-14 (1) The use of faxed prescriptions, and methods by
1-15 which the validity of those prescriptions might be validated;
1-16 (2) The consumer's ability to obtain an extra copy of
1-17 his or her prescription;
1-18 (3) The consumer's ability to obtain extra lenses
1-19 should he or she lose, tear, or otherwise need more lenses than an
1-20 active prescription allows;
1-21 (4) The prevention of an optometrist from requiring
1-22 that a consumer purchase a first supply of contact lenses from that
1-23 optometrist, unless that purchase is medically necessary due to the
2-1 specific and unique circumstances of the patient's ocular health;
2-2 (5) Situations whereupon a disputed or pending
2-3 insurance claim prevents a customer from receiving his or her
2-4 prescription;
2-5 (6) The method by which a consumer should be given his
2-6 or her prescription;
2-7 (7) The establishment of standards of practice
2-8 regarding follow up visits, with focus on distinctions that might
2-9 be made between new patients, patients with special health needs,
2-10 and patients with consistent, non-changing prescriptions.
2-11 (b) The Texas Optometry board shall study steps it can take
2-12 to more effectively raise awareness among optometrists and
2-13 therapeutic optometrists of the provisions of the Contact Lens
2-14 Prescription Act and steps the Board can take to more effectively
2-15 insure compliance with the Act by optometrists and therapeutic
2-16 optometrists, with particular attention to the feasibility and
2-17 possible implementation of the following subjects:
2-18 (1) the presentation to the consumer of a document
2-19 stating the consumer's rights according to the Contact Lens
2-20 Prescription Act, signed in duplicate, with one copy being kept by
2-21 the optometrist and the other being kept by the consumer.
2-22 (c) The Texas Optometry Board shall deliver to the
2-23 Lieutenant Governor and Speaker of the House a report on the study
2-24 conducted and actions taken under this Act not later than January
2-25 1, 2003. The study must outline the steps the Texas Optometry
2-26 Board has taken to revise its rules in accordance with this Act,
3-1 and the steps the Texas Optometry Board has taken to implement
3-2 increased awareness and compliance among optometrists and
3-3 therapeutic optometrists relating to the Contact Lens Prescription
3-4 Act.
3-5 SECTION 2. This Act takes effect immediately if it receives
3-6 a vote of two-thirds of all the members elected to each house, as
3-7 provided by Section 39, Article III, Texas Constitution. If this
3-8 Act does not receive the vote necessary for immediate effect, this
3-9 Act takes effect September 1, 2001.