1 | 1 | | 84R7368 NC-F |
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2 | 2 | | By: Perry S.B. No. 577 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the practice of therapeutic optometry. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Sections 351.358(b), (c), (d), and (e), |
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10 | 10 | | Occupations Code, are amended to read as follows: |
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11 | 11 | | (b) A therapeutic optometrist may: |
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12 | 12 | | (1) administer, perform, or prescribe ophthalmic |
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13 | 13 | | devices, procedures, and appropriate medications administered by |
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14 | 14 | | topical or oral means[, in accordance with this section and Section |
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15 | 15 | | 351.3581,] to diagnose or treat visual defects, abnormal |
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16 | 16 | | conditions, or diseases of the human vision system, including the |
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17 | 17 | | eye and adnexa; or |
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18 | 18 | | (2) administer medication by parenteral means for a |
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19 | 19 | | purpose and in a manner prescribed by Subsection (d) [(e)]. |
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20 | 20 | | (c) A therapeutic optometrist may administer or prescribe |
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21 | 21 | | oral analgesics [medications] only in the following |
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22 | 22 | | classifications of oral pharmaceuticals: |
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23 | 23 | | (1) [one 10-day supply of oral antibiotics; |
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24 | 24 | | [(2) one 72-hour supply of oral antihistamines; |
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25 | 25 | | [(3) one seven-day supply of oral nonsteroidal |
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26 | 26 | | anti-inflammatories; |
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27 | 27 | | [(4)] one three-day supply of any analgesic classified |
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28 | 28 | | as a controlled substance under Schedule [identified in Schedules] |
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29 | 29 | | III, IV, or [and] V of 21 U.S.C. Section 812; and |
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30 | 30 | | (2) one three-day supply of hydrocodone or of a |
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31 | 31 | | hydrocodone combination product classified as a controlled |
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32 | 32 | | substance under Schedule II of 21 U.S.C. Section 812 |
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33 | 33 | | [(5) any other oral pharmaceutical recommended by the |
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34 | 34 | | Optometric Health Care Advisory Committee and approved by the board |
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35 | 35 | | and the Texas State Board of Medical Examiners]. |
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36 | 36 | | (d) [A therapeutic optometrist may independently administer |
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37 | 37 | | oral carbonic anhydrase inhibitors for emergency purposes only and |
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38 | 38 | | shall immediately refer the patient to an ophthalmologist. |
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39 | 39 | | [(e)] A therapeutic optometrist may inject appropriate |
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40 | 40 | | medication for a patient who has an anaphylactic reaction to |
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41 | 41 | | counteract the anaphylaxis. The therapeutic optometrist shall |
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42 | 42 | | immediately refer the patient to a physician. |
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43 | 43 | | SECTION 2. Section 351.3581, Occupations Code, is amended |
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44 | 44 | | to read as follows: |
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45 | 45 | | Sec. 351.3581. [DIAGNOSIS AND] TREATMENT OF GLAUCOMA. |
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46 | 46 | | [(a)] A therapeutic optometrist may not administer or prescribe an |
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47 | 47 | | oral or parenteral medication or treat glaucoma unless the |
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48 | 48 | | therapeutic optometrist holds a certificate issued by the board. A |
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49 | 49 | | therapeutic optometrist certified under this section [subsection] |
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50 | 50 | | shall be known as an optometric glaucoma specialist. To obtain a |
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51 | 51 | | certificate, a therapeutic optometrist must [as required under |
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52 | 52 | | Section 351.165(c)]: |
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53 | 53 | | (1) complete an instructional clinical review course; |
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54 | 54 | | and |
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55 | 55 | | (2) pass an examination approved by the board. |
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56 | 56 | | [(b) Not later than the 30th day after the date of the |
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57 | 57 | | initial diagnosis of glaucoma, a therapeutic optometrist shall |
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58 | 58 | | engage in consultation with an ophthalmologist to develop an |
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59 | 59 | | individual treatment plan that is approved by the therapeutic |
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60 | 60 | | optometrist and ophthalmologist. The parameters of the |
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61 | 61 | | consultation shall be at the discretion of the ophthalmologist but |
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62 | 62 | | must at least include confirmation of the diagnosis and a plan for |
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63 | 63 | | comanagement of the patient, including periodic review of the |
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64 | 64 | | patient's progress. |
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65 | 65 | | [(c) A therapeutic optometrist required to engage in |
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66 | 66 | | comanagement consultation with an ophthalmologist shall inform the |
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67 | 67 | | patient diagnosed with glaucoma that the therapeutic optometrist is |
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68 | 68 | | required to have the diagnosis confirmed and comanaged with an |
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69 | 69 | | ophthalmologist of the patient's choosing or, if the patient does |
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70 | 70 | | not choose an ophthalmologist, an ophthalmologist practicing in the |
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71 | 71 | | geographic area in which the therapeutic optometrist practices. |
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72 | 72 | | [(d) A therapeutic optometrist shall refer a patient to an |
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73 | 73 | | ophthalmologist if: |
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74 | 74 | | [(1) the patient is younger than 16 years of age and |
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75 | 75 | | has been diagnosed as having glaucoma; |
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76 | 76 | | [(2) the patient has been diagnosed as having acute |
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77 | 77 | | closed angle glaucoma; |
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78 | 78 | | [(3) the patient has been diagnosed as having |
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79 | 79 | | malignant glaucoma or neovascular glaucoma; |
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80 | 80 | | [(4) the therapeutic optometrist determines that a |
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81 | 81 | | patient's glaucoma is caused by a diabetic complication and, after |
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82 | 82 | | joint consultation with the physician treating the diabetes and an |
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83 | 83 | | ophthalmologist by telephone, fax, or another method, the physician |
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84 | 84 | | or ophthalmologist determines that the patient should be seen by |
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85 | 85 | | the physician or ophthalmologist; or |
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86 | 86 | | [(5) the therapeutic optometrist determines that a |
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87 | 87 | | patient's glaucoma is not responding appropriately to a treatment |
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88 | 88 | | specified in Subsection (f) and, after consulting a physician by |
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89 | 89 | | telephone, fax, or another method, the physician determines that |
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90 | 90 | | the patient should be seen by the physician or an appropriate |
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91 | 91 | | specialist. |
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92 | 92 | | [(e) A therapeutic optometrist who refers a patient to a |
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93 | 93 | | physician or specialist shall inform the patient that the patient |
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94 | 94 | | may go to any physician or specialist the patient chooses. This |
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95 | 95 | | subsection does not prevent a therapeutic optometrist from |
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96 | 96 | | recommending a physician or specialist. |
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97 | 97 | | [(f) On making an initial diagnosis of glaucoma, a |
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98 | 98 | | therapeutic optometrist shall set a target pressure that is not |
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99 | 99 | | more than 80 percent of the initial intraocular pressure. The |
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100 | 100 | | patient's glaucoma is not considered to be appropriately responding |
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101 | 101 | | to treatment if the patient fails to achieve the target pressure |
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102 | 102 | | within an appropriate time. |
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103 | 103 | | [(g) Before a therapeutic optometrist may prescribe a beta |
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104 | 104 | | blocker, the therapeutic optometrist must take a complete case |
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105 | 105 | | history of the patient and determine whether the patient has had a |
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106 | 106 | | physical examination within the 180 days preceding the date of |
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107 | 107 | | taking the history. If the patient has not had a physical |
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108 | 108 | | examination or if the patient has a history of congestive heart |
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109 | 109 | | failure, bradycardia, heart block, asthma, or chronic obstructive |
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110 | 110 | | pulmonary disease, the therapeutic optometrist must refer the |
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111 | 111 | | patient to a physician for a physical examination before initiating |
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112 | 112 | | beta blocker therapy. |
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113 | 113 | | [(h) A therapeutic optometrist who diagnoses acute closed |
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114 | 114 | | angle glaucoma may initiate appropriate emergency treatment for a |
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115 | 115 | | patient but shall refer the patient to a physician in a timely |
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116 | 116 | | manner. |
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117 | 117 | | [(i) A physician may charge a reasonable consultation fee |
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118 | 118 | | for a consultation given as provided by this section. |
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119 | 119 | | [(j) A physician to whom a patient is referred by a |
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120 | 120 | | therapeutic optometrist under this section shall forward to the |
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121 | 121 | | therapeutic optometrist, not later than the 30th day after first |
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122 | 122 | | seeing the patient, a written report on the results of the referral. |
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123 | 123 | | The therapeutic optometrist shall maintain the report in the |
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124 | 124 | | patient's records. A physician who, for a medically appropriate |
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125 | 125 | | reason, does not return a patient to the therapeutic optometrist |
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126 | 126 | | who referred the patient shall state in the physician's report to |
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127 | 127 | | the therapeutic optometrist the specific medical reason for failing |
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128 | 128 | | to return the patient.] |
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129 | 129 | | SECTION 3. This Act takes effect September 1, 2015. |
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