Texas 2015 - 84th Regular

Texas Senate Bill SB577 Compare Versions

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11 84R7368 NC-F
22 By: Perry S.B. No. 577
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the practice of therapeutic optometry.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Sections 351.358(b), (c), (d), and (e),
1010 Occupations Code, are amended to read as follows:
1111 (b) A therapeutic optometrist may:
1212 (1) administer, perform, or prescribe ophthalmic
1313 devices, procedures, and appropriate medications administered by
1414 topical or oral means[, in accordance with this section and Section
1515 351.3581,] to diagnose or treat visual defects, abnormal
1616 conditions, or diseases of the human vision system, including the
1717 eye and adnexa; or
1818 (2) administer medication by parenteral means for a
1919 purpose and in a manner prescribed by Subsection (d) [(e)].
2020 (c) A therapeutic optometrist may administer or prescribe
2121 oral analgesics [medications] only in the following
2222 classifications of oral pharmaceuticals:
2323 (1) [one 10-day supply of oral antibiotics;
2424 [(2) one 72-hour supply of oral antihistamines;
2525 [(3) one seven-day supply of oral nonsteroidal
2626 anti-inflammatories;
2727 [(4)] one three-day supply of any analgesic classified
2828 as a controlled substance under Schedule [identified in Schedules]
2929 III, IV, or [and] V of 21 U.S.C. Section 812; and
3030 (2) one three-day supply of hydrocodone or of a
3131 hydrocodone combination product classified as a controlled
3232 substance under Schedule II of 21 U.S.C. Section 812
3333 [(5) any other oral pharmaceutical recommended by the
3434 Optometric Health Care Advisory Committee and approved by the board
3535 and the Texas State Board of Medical Examiners].
3636 (d) [A therapeutic optometrist may independently administer
3737 oral carbonic anhydrase inhibitors for emergency purposes only and
3838 shall immediately refer the patient to an ophthalmologist.
3939 [(e)] A therapeutic optometrist may inject appropriate
4040 medication for a patient who has an anaphylactic reaction to
4141 counteract the anaphylaxis. The therapeutic optometrist shall
4242 immediately refer the patient to a physician.
4343 SECTION 2. Section 351.3581, Occupations Code, is amended
4444 to read as follows:
4545 Sec. 351.3581. [DIAGNOSIS AND] TREATMENT OF GLAUCOMA.
4646 [(a)] A therapeutic optometrist may not administer or prescribe an
4747 oral or parenteral medication or treat glaucoma unless the
4848 therapeutic optometrist holds a certificate issued by the board. A
4949 therapeutic optometrist certified under this section [subsection]
5050 shall be known as an optometric glaucoma specialist. To obtain a
5151 certificate, a therapeutic optometrist must [as required under
5252 Section 351.165(c)]:
5353 (1) complete an instructional clinical review course;
5454 and
5555 (2) pass an examination approved by the board.
5656 [(b) Not later than the 30th day after the date of the
5757 initial diagnosis of glaucoma, a therapeutic optometrist shall
5858 engage in consultation with an ophthalmologist to develop an
5959 individual treatment plan that is approved by the therapeutic
6060 optometrist and ophthalmologist. The parameters of the
6161 consultation shall be at the discretion of the ophthalmologist but
6262 must at least include confirmation of the diagnosis and a plan for
6363 comanagement of the patient, including periodic review of the
6464 patient's progress.
6565 [(c) A therapeutic optometrist required to engage in
6666 comanagement consultation with an ophthalmologist shall inform the
6767 patient diagnosed with glaucoma that the therapeutic optometrist is
6868 required to have the diagnosis confirmed and comanaged with an
6969 ophthalmologist of the patient's choosing or, if the patient does
7070 not choose an ophthalmologist, an ophthalmologist practicing in the
7171 geographic area in which the therapeutic optometrist practices.
7272 [(d) A therapeutic optometrist shall refer a patient to an
7373 ophthalmologist if:
7474 [(1) the patient is younger than 16 years of age and
7575 has been diagnosed as having glaucoma;
7676 [(2) the patient has been diagnosed as having acute
7777 closed angle glaucoma;
7878 [(3) the patient has been diagnosed as having
7979 malignant glaucoma or neovascular glaucoma;
8080 [(4) the therapeutic optometrist determines that a
8181 patient's glaucoma is caused by a diabetic complication and, after
8282 joint consultation with the physician treating the diabetes and an
8383 ophthalmologist by telephone, fax, or another method, the physician
8484 or ophthalmologist determines that the patient should be seen by
8585 the physician or ophthalmologist; or
8686 [(5) the therapeutic optometrist determines that a
8787 patient's glaucoma is not responding appropriately to a treatment
8888 specified in Subsection (f) and, after consulting a physician by
8989 telephone, fax, or another method, the physician determines that
9090 the patient should be seen by the physician or an appropriate
9191 specialist.
9292 [(e) A therapeutic optometrist who refers a patient to a
9393 physician or specialist shall inform the patient that the patient
9494 may go to any physician or specialist the patient chooses. This
9595 subsection does not prevent a therapeutic optometrist from
9696 recommending a physician or specialist.
9797 [(f) On making an initial diagnosis of glaucoma, a
9898 therapeutic optometrist shall set a target pressure that is not
9999 more than 80 percent of the initial intraocular pressure. The
100100 patient's glaucoma is not considered to be appropriately responding
101101 to treatment if the patient fails to achieve the target pressure
102102 within an appropriate time.
103103 [(g) Before a therapeutic optometrist may prescribe a beta
104104 blocker, the therapeutic optometrist must take a complete case
105105 history of the patient and determine whether the patient has had a
106106 physical examination within the 180 days preceding the date of
107107 taking the history. If the patient has not had a physical
108108 examination or if the patient has a history of congestive heart
109109 failure, bradycardia, heart block, asthma, or chronic obstructive
110110 pulmonary disease, the therapeutic optometrist must refer the
111111 patient to a physician for a physical examination before initiating
112112 beta blocker therapy.
113113 [(h) A therapeutic optometrist who diagnoses acute closed
114114 angle glaucoma may initiate appropriate emergency treatment for a
115115 patient but shall refer the patient to a physician in a timely
116116 manner.
117117 [(i) A physician may charge a reasonable consultation fee
118118 for a consultation given as provided by this section.
119119 [(j) A physician to whom a patient is referred by a
120120 therapeutic optometrist under this section shall forward to the
121121 therapeutic optometrist, not later than the 30th day after first
122122 seeing the patient, a written report on the results of the referral.
123123 The therapeutic optometrist shall maintain the report in the
124124 patient's records. A physician who, for a medically appropriate
125125 reason, does not return a patient to the therapeutic optometrist
126126 who referred the patient shall state in the physician's report to
127127 the therapeutic optometrist the specific medical reason for failing
128128 to return the patient.]
129129 SECTION 3. This Act takes effect September 1, 2015.