84R8850 EES-D
By: Goldman H.B. No. 1413
A BILL TO BE ENTITLED
AN ACT
relating to the practice of therapeutic optometry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 351.002(7), Occupations Code, is amended
to read as follows:
(7) "Practice of therapeutic optometry" means using
objective or subjective means, [not] including surgery except as
prohibited under Section 351.4521 [or laser surgery], to:
(A) determine or measure the powers of vision of
the human eye as provided by Section 351.355;
(B) examine or diagnose visual defects, abnormal
conditions, or diseases of the human eye or adnexa;
(C) prescribe or fit lenses or prisms to correct
or remedy a defect or abnormal condition of vision as provided by
Section 351.356;
(D) administer or prescribe a drug or physical
treatment in the manner authorized by this chapter; or
(E) treat the visual system, including the eye or
adnexa as authorized by this chapter.
SECTION 2. Sections 351.358(b) and (c), Occupations Code,
are amended to read as follows:
(b) A therapeutic optometrist may:
(1) administer, perform, or prescribe ophthalmic
devices, procedures, and appropriate medications administered by
topical, subconjunctival, or oral means[, in accordance with this
section and Section 351.3581,] to diagnose or treat visual defects,
abnormal conditions, or diseases of the human vision system,
including the eye and adnexa; or
(2) administer medication by parenteral means for a
purpose and in a manner prescribed by Subsection (e).
(c) A therapeutic optometrist may administer or prescribe
oral analgesic medications only in the following classifications of
oral pharmaceuticals:
(1) [one 10-day supply of oral antibiotics;
[(2) one 72-hour supply of oral antihistamines;
[(3) one seven-day supply of oral nonsteroidal
anti-inflammatories;
[(4)] one three-day supply of any analgesic medication
classified as a controlled substance under Schedule [identified in
Schedules] III, IV, or [and] V of 21 U.S.C. Section 812; and
(2) one three-day supply of hydrocodone or of a
hydrocodone combination medication classified as a controlled
substance under Schedule II of 21 U.S.C. Section 812
[(5) any other oral pharmaceutical recommended by the
Optometric Health Care Advisory Committee and approved by the board
and the Texas State Board of Medical Examiners].
SECTION 3. The heading to Section 351.3581, Occupations
Code, is amended to read as follows:
Sec. 351.3581. [DIAGNOSIS AND] TREATMENT OF GLAUCOMA.
SECTION 4. Section 351.3581(a), Occupations Code, is
amended to read as follows:
(a) A therapeutic optometrist may not administer or
prescribe an oral or parenteral medication or treat glaucoma unless
the therapeutic optometrist holds a certificate issued by the
board. A therapeutic optometrist certified under this section
[subsection] shall be known as an optometric glaucoma specialist.
To obtain a certificate, a therapeutic optometrist must [as
required under Section 351.165(c)]:
(1) complete an instructional clinical review course;
and
(2) pass an examination approved by the board.
SECTION 5. Section 351.4521, Occupations Code, is amended
to read as follows:
Sec. 351.4521. PERFORMANCE OF CERTAIN SURGICAL PROCEDURES
BY THERAPEUTIC OPTOMETRISTS [SURGERY] PROHIBITED. (a) A
therapeutic optometrist may not perform the following surgical
procedures:
(1) retinal laser procedures, laser-assisted in situ
keratomileusis (LASIK), photorefractive keratectomy (PRK), or
laser epithelial keratomileusis (LASEK);
(2) penetrating keratoplasty, corneal transplant, or
lamellar keratoplasty;
(3) a surgical procedure that requires the
administration of general anesthesia;
(4) intraocular injection;
(5) a surgical procedure relating to the removal of
the eye from a living person;
(6) a surgical procedure requiring full-thickness
incision or excision of the cornea or sclera other than
paracentesis in an emergency situation requiring immediate
reduction of the pressure inside of the eye;
(7) a surgical procedure requiring incision or
excision of the iris and ciliary body, including iris diathermy and
cryotherapy;
(8) a surgical procedure requiring incision or
excision of the vitreous;
(9) a surgical procedure requiring incision or
excision of the retina;
(10) surgical extraction of the crystalline lens;
(11) surgical intraocular implants;
(12) incisional or excisional surgery of the
extraocular muscles;
(13) surgery of the eyelid for a suspected eyelid
malignancy;
(14) surgery of the eyelid, including the incisional,
excisional, or mechanical repair of blepharochalasis,
dermatochalasis, or ptosis;
(15) tarsorrhaphy;
(16) surgery of the bony orbit, including orbital
implants;
(17) incisional or excisional surgery of the lacrimal
system other than lacrimal probing and related procedures;
(18) a surgical procedure requiring full-thickness
conjunctivoplasty with graft or flap;
(19) retrobulbar injection or injection into the
extraocular orbital space; and
(20) pterygium surgery [or laser surgery].
(b) This section does not prevent a therapeutic optometrist
from providing preoperative or postoperative care relating to a
surgical procedure listed in Subsection (a).
SECTION 6. The following provisions of the Occupations Code
are repealed:
(1) Section 351.358(d); and
(2) Sections 351.3581(b), (c), (d), (e), (f), (g),
(h), (i), and (j).
SECTION 7. This Act takes effect September 1, 2015.