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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of the practice of therapeutic optometry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 351.002(8), Occupations Code, is amended |
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to read as follows: |
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(8) "Surgery" means a procedure using instruments, |
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including lasers or[,] scalpels, [or needles,] in which human |
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tissue is cut, burned, or vaporized[, or otherwise altered] by any |
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mechanical means, laser, or ionizing radiation. The term includes |
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procedures using instruments that require closing by suturing, |
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clamping, or another device. The term does not include a |
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[noninvasive] procedure described by Section 351.368 [to remove a
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superficial foreign body in the conjunctiva, eyelid, or corneal
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epithelium that has not perforated the Bowman's membrane]. |
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SECTION 2. Subchapter H, Chapter 351, Occupations Code, is |
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amended by adding Sections 351.367 and 351.368 to read as follows: |
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Sec. 351.367. SCOPE OF PRACTICE OF THERAPEUTIC OPTOMETRIST. |
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(a) A therapeutic optometrist may diagnose and treat any disease, |
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condition or disorder of the eye, adnexa, or visual system by any |
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appropriate means other than surgery. |
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(b) A therapeutic optometrist may administer or prescribe |
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any medication using any means of administration that is reasonably |
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related to the diagnosis or treatment of the eye, adnexa, or visual |
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system. A therapeutic optometrist may not prescribe a controlled |
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substance that is listed, as of September 1, 2009, in Schedule I or |
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Schedule II of the Comprehensive Drug Abuse Prevention and Control |
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Act of 1970 (21 U.S.C. Section 801 et seq.). |
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(c) In addition to the professional designations listed in |
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Section 104.003, a therapeutic optometrist may use the professional |
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designation "optometric glaucoma specialist" or "optometric |
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physician." |
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Sec. 351.368. AUTHORIZED PROCEDURES PERFORMED BY |
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THERAPEUTIC OPTOMETRIST. A therapeutic optometrist may: |
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(1) perform a noninvasive procedure to remove a |
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superficial foreign body in the conjunctiva, eyelid, or corneal |
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epithelium that has not perforated the Bowman's membrane; |
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(2) use tissue glue to close a wound; |
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(3) perform cultures or smears for diagnosis; |
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(4) pull eyelashes or remove irregular eyelashes with |
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electrolysis; |
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(5) dilate, irrigate, or probe the lacrimal passages; |
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(6) place punctal plugs; |
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(7) administer medication by injection; |
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(8) remove loose epithelium to promote healing; |
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(9) drain an abscess or cyst; |
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(10) remove small bumps from the eyelid; |
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(11) close the puncta by cautery; and |
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(12) perform any glaucoma treatment procedure, |
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including glaucoma treatment procedures using lasers, other than |
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intraocular surgery by blade. |
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SECTION 3. The following laws are repealed: |
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(1) Section 351.160, Occupations Code; |
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(2) Section 351.165, Occupations Code; |
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(3) Section 351.358, Occupations Code; and |
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(4) Section 351.3581, Occupations Code. |
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SECTION 4. Chapter 351, Occupations Code, as amended by |
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this Act, may not be construed as preventing a therapeutic |
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optometrist from performing a procedure or administering or |
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prescribing any medication that could legally be performed, |
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administered, or prescribed by a therapeutic optometrist |
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immediately before the passage of this Act. |
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SECTION 5. This Act takes effect September 1, 2009. |