By: Howard of Travis, et al. H.B. No. 1740
(In the Senate - Received from the House April 22, 2009;
May 1, 2009, read first time and referred to Committee on Health
and Human Services; May 13, 2009, reported favorably by the
following vote: Yeas 9, Nays 0; May 13, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the authorization of physicians and therapeutic
optometrists to dispense therapeutic contact lenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.003, Occupations Code, is amended by
adding Subdivision (42-a) to read as follows:
(42-a) "Therapeutic contact lens" means a contact lens
that contains one or more drugs and that delivers the drugs into the
wearer's eye.
SECTION 2. Section 551.004, Occupations Code, is amended by
adding Subsection (e) to read as follows:
(e) This subtitle does not prevent a physician or
therapeutic optometrist from dispensing and charging for
therapeutic contact lenses. This subsection does not authorize a
therapeutic optometrist to prescribe, administer, or dispense a
drug that is otherwise outside the therapeutic optometrist's scope
of practice.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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