80R6201 BEF-F

By: Brimer S.B. No. 1265

A BILL TO BE ENTITLED

AN ACT

relating to the practice of optometry and therapeutic optometry and the administration by other health care professionals of treatments ordered by an optometrist or therapeutic optometrist.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 104.003, Occupations Code, is amended by amending Subsection (f) and adding Subsection (f-1) to read as follows:

(f) A person who is licensed by the Texas Optometry Board as an optometrist shall use:

(1) optometrist;

(2) doctor, optometrist;

(3) doctor of optometry; [or]

(4) doctor, O.D.; or

(5) O.D.

(f-1) A person who is licensed by the Texas Optometry Board as a therapeutic optometrist shall use a designation approved by the board.

SECTION 2. Section 351.002(8), Occupations Code, is amended to read as follows:

(8) "Surgery" means a procedure using instruments, including lasers, scalpels, or needles, in which human tissue is cut, burned, vaporized, or otherwise altered by any mechanical means, laser, or ionizing radiation. The term includes procedures using instruments that require closing by suturing, clamping, or another device. The term does not include:

(A) using a noninvasive procedure to remove a superficial foreign body in the conjunctiva, eyelid, or corneal epithelium that has not perforated the Bowman's membrane;

(B) using tissue glue to close a wound;

(C) performing cultures or smears for diagnosis;

(D) pulling eyelashes;

(E) dilating, irrigating, or probing the lacrimal passages;

(F) placing punctal plugs;

(G) removing loose epithelium to promote healing;

(H) draining an abscess;

(I) removing small bumps from the eyelid;

(J) draining a cyst;

(K) removing irregular eyelashes with electrolysis; or

(L) closing the puncta by cautery.

SECTION 3. Section 351.004, Occupations Code, is amended to read as follows:

Sec. 351.004. SUNSET PROVISION. The Texas Optometry Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2015 [2017].

SECTION 4. Section 351.358(b), Occupations Code, is amended to read as follows:

(b) A therapeutic optometrist may:

(1) [administer, perform, or prescribe ophthalmic devices, procedures, and appropriate medications administered by topical or oral means, in accordance with this section and Section 351.3581, to] diagnose and [or] treat [visual defects, abnormal] conditions, [or] diseases, and disorders of the human vision system, including the eye and adnexa, by any appropriate means other than surgery; [or]

(2) administer or prescribe any medication by any route of administration that is appropriate for the diagnosis or treatment of the eye, adnexa, or visual system, other than a controlled substance listed in Schedule I or II as established by the commissioner of state health services under Chapter 481, Health and Safety Code; and

(3) remove all or part of an eye from a dead human body for transplant or scientific purposes [parenteral means for a purpose and in a manner prescribed by Subsection (e)].

SECTION 5. Section 301.002(2), Occupations Code, is amended to read as follows:

(2) "Professional nursing" means the performance of an act that requires substantial specialized judgment and skill, the proper performance of which is based on knowledge and application of the principles of biological, physical, and social science as acquired by a completed course in an approved school of professional nursing. The term does not include acts of medical diagnosis or the prescription of therapeutic or corrective measures. Professional nursing involves:

(A) the observation, assessment, intervention, evaluation, rehabilitation, care and counsel, or health teachings of a person who is ill, injured, infirm, or experiencing a change in normal health processes;

(B) the maintenance of health or prevention of illness;

(C) the administration of a medication or treatment as ordered by a physician, podiatrist, [or] dentist, or therapeutic optometrist;

(D) the supervision or teaching of nursing;

(E) the administration, supervision, and evaluation of nursing practices, policies, and procedures;

(F) the requesting, receiving, signing for, and distribution of prescription drug samples to patients at sites in which a registered nurse is authorized to sign prescription drug orders as provided by Subchapter B, Chapter 157;

(G) the performance of an act delegated by a physician under Section 157.052, 157.053, 157.054, 157.0541, 157.0542, 157.058, or 157.059; and

(H) the development of the nursing care plan.

SECTION 6. Section 453.001(9), Occupations Code, is amended to read as follows:

(9) "Referring practitioner" means a qualified licensed health care professional who, within the scope of professional licensure, may refer a person for health care services. The term includes:

(A) a physician licensed to practice medicine by a state board of medical examiners;

(B) a dentist licensed by a state board of dental examiners;

(C) a chiropractor licensed by a state board of chiropractic examiners; [and]

(D) a podiatrist licensed by a state board of podiatric medical examiners; and

(E) an optometrist or therapeutic optometrist licensed by a state optometry board.

SECTION 7. Section 454.213(b), Occupations Code, is amended to read as follows:

(b) Implementation of direct occupational therapy to a person for a specific health care condition must be based on a referral from:

(1) a physician licensed by a state board of medical examiners;

(2) a dentist licensed by a state board of dental examiners;

(3) a chiropractor licensed by a state board of chiropractic examiners;

(4) a podiatrist licensed by a state board of podiatric medical examiners; [or]

(5) an optometrist or therapeutic optometrist licensed by a state optometry board; or

(6) another qualified, licensed health care professional who is authorized to refer for health care services within the scope of the professional's license.

SECTION 8. The changes in law made by this Act do not prohibit a therapeutic optometrist from performing a procedure or administering or prescribing a medication that the therapeutic optometrist could perform, administer, or prescribe immediately before the effective date of this Act.

SECTION 9. The following laws are repealed:

(1) Sections 351.160, 351.165, and 351.3581, Occupations Code; and

(2) Sections 351.358(c), (d), and (e), Occupations Code.

SECTION 10. This Act takes effect September 1, 2007.