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.