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.