Texas 2017 - 85th Regular

Texas House Bill HB3012 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R8466 CAE-D
2	2	By: Flynn H.B. No. 3012
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Optometry
8	8	Board; authorizing a reduction in fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 351.004, Occupations Code, is amended to
11	11	read as follows:
12	12	Sec. 351.004. SUNSET PROVISION. The Texas Optometry Board
13	13	is subject to Chapter 325, Government Code (Texas Sunset Act).
14	14	Unless continued in existence as provided by that chapter, the
15	15	board is abolished and this chapter expires September 1, 2029
16	16	[2017].
17	17	SECTION 2. Section 351.059, Occupations Code, is amended by
18	18	amending Subsection (c) and adding Subsection (e) to read as
19	19	follows:
20	20	(c) The training program must provide the person with
21	21	information regarding:
22	22	(1) the law governing board operations [the
23	23	legislation that created the board and the legislation that created
24	24	the Contact Lens Prescription Act];
25	25	(2) the board's programs, functions, rules, and
26	26	budget;
27	27	(3) the scope of and limitations on the rulemaking
28	28	authority of the board;
29	29	(4) the results of the most recent formal audit of the
30	30	board;
31	31	(5) [(4)] the requirements of:
32	32	(A) laws relating to open meetings, public
33	33	information, administrative procedures, and disclosing
34	34	conflicts-of-interest; and
35	35	(B) other laws applicable to members of the board
36	36	in performing their duties; and
37	37	(6) [(5)] any applicable ethics policies adopted by
38	38	the board or the Texas Ethics Commission.
39	39	(e) The executive director of the board shall create a
40	40	training manual that includes the information required by
41	41	Subsection (c). The executive director shall distribute a copy of
42	42	the training manual annually to each board member. On receipt of
43	43	the training manual, each board member shall sign and submit to the
44	44	executive director a statement acknowledging receipt of the
45	45	training manual.
46	46	SECTION 3. Section 351.154(b), Occupations Code, is amended
47	47	to read as follows:
48	48	(b) The board shall deposit in the University of Houston
49	49	development fund 15 percent of each [annual] renewal fee collected
50	50	by the board under Section 351.152. The money paid to that fund
51	51	under this subsection may be used solely for scholarships or
52	52	improvements in the physical facilities, including library
53	53	facilities, of the College of Optometry.
54	54	SECTION 4. Section 351.163(d), Occupations Code, is amended
55	55	to read as follows:
56	56	(d) The executive director shall number and record each
57	57	license or [annual] renewal certificate issued by the board.
58	58	SECTION 5. The heading to Section 351.2045, Occupations
59	59	Code, is amended to read as follows:
60	60	Sec. 351.2045. CONFIDENTIALITY OF COMPLAINTS, ADVERSE
61	61	REPORTS, INVESTIGATION FILES, AND OTHER INFORMATION.
62	62	SECTION 6. Section 351.2045, Occupations Code, is amended
63	63	by amending Subsection (a) and adding Subsections (c-1) and (f) to
64	64	read as follows:
65	65	(a) Each complaint, adverse report, investigation file, and
66	66	other investigation report and all other investigative information
67	67	in the possession of or received or gathered by the board or the
68	68	board's employees or agents relating to a license holder, an
69	69	application for a license, or a criminal investigation or
70	70	proceeding is privileged and confidential and is [The board's
71	71	investigation files are confidential, privileged, and] not subject
72	72	to discovery, subpoena, or any other means of legal compulsion for
73	73	release to anyone other than [to] the board or an employee or agent
74	74	of the board involved in any disciplinary action relating to a
75	75	license holder.
76	76	(c-1) The board's providing of information under Subsection
77	77	(c) does not constitute a waiver of a privilege or confidentiality
78	78	under this chapter or any other law.
79	79	(f) The board shall protect the identity of a complainant to
80	80	the extent possible.
81	81	SECTION 7. Subchapter E, Chapter 351, Occupations Code, is
82	82	amended by adding Section 351.2046 to read as follows:
83	83	Sec. 351.2046. REQUIREMENTS FOR CERTAIN COMPLAINTS. (a)
84	84	In this section:
85	85	(1) "Anonymous complaint" means a complaint that lacks
86	86	sufficient information to identify the source or the name of the
87	87	person who filed the complaint.
88	88	(2) "Insurance agent" means a person licensed under
89	89	Chapter 4054, Insurance Code.
90	90	(3) "Insurer" means an insurance company or other
91	91	entity authorized to engage in the business of insurance under
92	92	Subtitle C, Title 6, Insurance Code.
93	93	(4) "Third-party administrator" means a person
94	94	required to have a certificate of authority under Chapter 4151,
95	95	Insurance Code.
96	96	(b) The board may not accept anonymous complaints.
97	97	(c) Notwithstanding any confidentiality requirements under
98	98	Chapter 552, Government Code, or this chapter, a complaint filed
99	99	with the board by an insurance agent, insurer, pharmaceutical
100	100	company, or third-party administrator against a license holder must
101	101	include the name and address of the insurance agent, insurer,
102	102	pharmaceutical company, or third-party administrator filing the
103	103	complaint.
104	104	(d) Not later than the 15th day after the date the complaint
105	105	is filed with the board, the board shall notify the license holder
106	106	who is the subject of the complaint of the name and address of the
107	107	insurance agent, insurer, pharmaceutical company, or third-party
108	108	administrator who filed the complaint, unless the notice would
109	109	jeopardize an investigation.
110	110	SECTION 8. Section 351.254(a), Occupations Code, is amended
111	111	to read as follows:
112	112	(a) An applicant is eligible to take the licensing
113	113	examination if the applicant provides to the executive director, on
114	114	a form provided by the board, information the board considers
115	115	necessary to enforce this chapter, including satisfactory [sworn]
116	116	evidence that the applicant:
117	117	(1) has attained the age of majority;
118	118	(2) [is of good moral character;
119	119	[(3)] has a preliminary education equivalent to one
120	120	that would permit the applicant to enroll in The University of
121	121	Texas; and
122	122	(3) [(4)] has attended and graduated from a reputable
123	123	college of optometry that meets board requirements.
124	124	SECTION 9. Subchapter F, Chapter 351, Occupations Code, is
125	125	amended by adding Sections 351.2525 and 351.2526 to read as
126	126	follows:
127	127	Sec. 351.2525. CRIMINAL HISTORY RECORD INFORMATION FOR
128	128	LICENSE ISSUANCE. (a) The board shall require that an applicant
129	129	for a license submit a complete and legible set of fingerprints, on
130	130	a form prescribed by the board, to the board or to the Department of
131	131	Public Safety for the purpose of obtaining criminal history record
132	132	information from the Department of Public Safety and the Federal
133	133	Bureau of Investigation.
134	134	(b) The board may not issue a license to a person who does
135	135	not comply with the requirement of Subsection (a).
136	136	(c) The board shall conduct a criminal history record
137	137	information check of each applicant for a license using
138	138	information:
139	139	(1) provided by the individual under this section; and
140	140	(2) made available to the board by the Department of
141	141	Public Safety, the Federal Bureau of Investigation, and any other
142	142	criminal justice agency under Chapter 411, Government Code.
143	143	(d) The board may:
144	144	(1) enter into an agreement with the Department of
145	145	Public Safety to administer a criminal history record information
146	146	check required under this section; and
147	147	(2) authorize the Department of Public Safety to
148	148	collect from each applicant the costs incurred by the Department of
149	149	Public Safety in conducting the criminal history record information
150	150	check.
151	151	Sec. 351.2526. REVIEW OF NATIONAL PRACTITIONER DATABASE.
152	152	The board shall establish a process to review at least one national
153	153	practitioner database to determine whether another state has taken
154	154	any disciplinary or other legal action against an applicant or
155	155	license holder before issuing an initial or renewal license under
156	156	this chapter.
157	157	SECTION 10. The heading to Section 351.301, Occupations
158	158	Code, is amended to read as follows:
159	159	Sec. 351.301. [ANNUAL] RENEWAL CERTIFICATE.
160	160	SECTION 11. Section 351.301(a), Occupations Code, is
161	161	amended to read as follows:
162	162	(a) A person required by this subchapter to hold a [an
163	163	annual] renewal certificate may not practice optometry or
164	164	therapeutic optometry without the certificate.
165	165	SECTION 12. Section 351.302, Occupations Code, is amended
166	166	by amending Subsection (a) and adding Subsection (a-1) to read as
167	167	follows:
168	168	(a) A license under this chapter is valid for a term of one
169	169	or two years as determined by board rule.
170	170	(a-1) The board by rule may adopt a system under which
171	171	licenses expire on various dates during the year. The board shall
172	172	adjust the final dates for payment, the dates for notice of
173	173	nonpayment, and the dates for license cancellation accordingly.
174	174	SECTION 13. Sections 351.304(a) and (b), Occupations Code,
175	175	are amended to read as follows:
176	176	(a) Not later than the date [January 1 of each year or as
177	177	otherwise] provided under Section 351.302, an optometrist or
178	178	therapeutic optometrist shall pay to the board a [an annual]
179	179	renewal fee for the renewal of a license to practice optometry or
180	180	therapeutic optometry [for the year]. A person may renew an
181	181	unexpired license by paying the required renewal fee to the board
182	182	before the license expiration date.
183	183	(b) A person whose license has been expired for 90 days or
184	184	less may renew the license by paying to the board a renewal fee that
185	185	is equal to one and one-half times the [annual] renewal fee set by
186	186	the board under Section 351.152. If a person's license has been
187	187	expired for more than 90 days but less than one year, the person may
188	188	renew the license by paying to the board a renewal fee that is equal
189	189	to two times the [annual] renewal fee set by the board under Section
190	190	351.152.
191	191	SECTION 14. Subchapter G, Chapter 351, Occupations Code, is
192	192	amended by adding Section 351.3045 to read as follows:
193	193	Sec. 351.3045. CRIMINAL HISTORY RECORD INFORMATION
194	194	REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
195	195	license issued under this chapter shall submit a complete and
196	196	legible set of fingerprints for purposes of performing a criminal
197	197	history record information check of the applicant as provided by
198	198	Section 351.2525.
199	199	(b) The board may administratively suspend or refuse to
200	200	renew the license of a person who does not comply with the
201	201	requirement of Subsection (a).
202	202	(c) A license holder is not required to submit fingerprints
203	203	under this section for the renewal of the license if the license
204	204	holder has previously submitted fingerprints under:
205	205	(1) Section 351.2525 for the initial issuance of the
206	206	license; or
207	207	(2) this section as part of a prior license renewal.
208	208	SECTION 15. Sections 351.305, Occupations Code, is amended
209	209	to read as follows:
210	210	Sec. 351.305. ISSUANCE OF CERTIFICATE. On receipt of the
211	211	required fees, the board shall issue a [an annual] renewal
212	212	certificate containing information from board records that the
213	213	board considers necessary for the proper enforcement of this
214	214	chapter, including the license number and the period [year] for
215	215	which the license is renewed.
216	216	SECTION 16. Section 351.309, Occupations Code, is amended
217	217	to read as follows:
218	218	Sec. 351.309. CONTINUING EDUCATION EXEMPTIONS. A person is
219	219	exempt from the continuing education requirements of Section
220	220	351.308 if the person:
221	221	(1) holds a license but does not practice optometry or
222	222	therapeutic optometry in this state;
223	223	(2) served in the regular armed forces of the United
224	224	States during part of the most recent license term [12 months
225	225	preceding the annual license renewal date];
226	226	(3) submits proof to the board that the person
227	227	suffered a serious or disabling illness or physical disability
228	228	preventing the person from complying with the requirements during
229	229	the most recent license term [12 months preceding the annual
230	230	license renewal date]; or
231	231	(4) was first licensed during the period [12 months]
232	232	preceding the [annual] license renewal date.
233	233	SECTION 17. Subchapter H, Chapter 351, Occupations Code, is
234	234	amended by adding Section 351.3591 to read as follows:
235	235	Sec. 351.3591. DUTIES RELATED TO CERTAIN PRESCRIPTIONS.
236	236	(a) An optometrist or therapeutic optometrist may not prescribe a
237	237	drug listed in Subsection (b) to a patient unless the optometrist or
238	238	therapeutic optometrist has reviewed the patient's prescription
239	239	history by accessing the prescription information submitted to the
240	240	Texas State Board of Pharmacy as authorized by Section
241	241	481.076(a)(5), Health and Safety Code.
242	242	(b) Subsection (a) applies only to the prescribing of:
243	243	(1) opioids;
244	244	(2) benzodiazepines;
245	245	(3) barbiturates; or
246	246	(4) carisoprodol.
247	247	(c) Failure by an optometrist or therapeutic optometrist to
248	248	comply with the requirements of this section is grounds for
249	249	disciplinary action under Section 351.501.
250	250	SECTION 18. Section 351.501, Occupations Code, is amended
251	251	by amending Subsection (a) and adding Subsection (d) to read as
252	252	follows:
253	253	(a) The [On the vote of five or more members, the] board may
254	254	refuse to issue a license to an applicant, revoke or suspend a
255	255	license, place on probation a person whose license has been
256	256	suspended, impose a fine, impose a stipulation, limitation, or
257	257	condition relating to continued practice, including conditioning
258	258	continued practice on counseling or additional education, or
259	259	reprimand a license holder if the board determines that:
260	260	(1) the applicant or license holder is guilty of
261	261	fraud, deceit, dishonesty, or misrepresentation in the practice of
262	262	optometry or therapeutic optometry or in seeking admission to that
263	263	practice;
264	264	(2) the applicant or license holder is unfit or
265	265	incompetent by reason of negligence;
266	266	(3) the applicant or license holder has been convicted
267	267	of a misdemeanor involving moral turpitude or a felony;
268	268	(4) the applicant or license holder has developed an
269	269	incapacity that prevents or could prevent the applicant or license
270	270	holder from practicing optometry or therapeutic optometry with
271	271	reasonable skill, competence, and safety to the public [:
272	272	[(A) is a habitual drunkard;
273	273	[(B) is addicted to the use of morphine, cocaine,
274	274	or other drugs having similar effect;
275	275	[(C) has become insane; or
276	276	[(D) has been found by a court to be of unsound
277	277	mind];
278	278	(5) the license holder has directly or indirectly
279	279	employed, hired, procured, or induced a person to practice
280	280	optometry or therapeutic optometry in this state without a license;
281	281	(6) the license holder has directly or indirectly
282	282	aided or abetted an unlicensed person in the practice of optometry
283	283	or therapeutic optometry;
284	284	(7) the license holder has placed the holder's license
285	285	at the disposal or service of, including lending, leasing, or
286	286	renting to, a person not licensed to practice optometry or
287	287	therapeutic optometry in this state;
288	288	(8) the applicant or license holder has wilfully or
289	289	repeatedly violated this chapter or a board rule adopted under this
290	290	chapter;
291	291	(9) the license holder has wilfully or repeatedly
292	292	represented to a member of the public that the license holder is
293	293	authorized or competent to cure or treat an eye disease beyond the
294	294	authorization granted by this chapter;
295	295	(10) the license holder has had the right to practice
296	296	optometry or therapeutic optometry suspended or revoked by a
297	297	federal agency for a cause that the board believes warrants that
298	298	action;
299	299	(11) the applicant or license holder has acted to
300	300	deceive, defraud, or harm the public;
301	301	(12) the applicant or license holder is guilty of
302	302	gross incompetence in the practice of optometry or therapeutic
303	303	optometry;
304	304	(13) the applicant or license holder has engaged in a
305	305	pattern of practice or other behavior demonstrating a wilful
306	306	provision of substandard care;
307	307	(14) the applicant or license holder has committed an
308	308	act of sexual abuse, misconduct, or exploitation with a patient or
309	309	has otherwise unethically or immorally abused the doctor-patient
310	310	relationship;
311	311	(15) the applicant or license holder has prescribed,
312	312	sold, administered, distributed, or given a drug legally classified
313	313	as a controlled substance or as an addictive or dangerous drug for
314	314	other than an accepted diagnostic or therapeutic purpose;
315	315	(16) the applicant or license holder has failed to
316	316	report to the board the relocation of the applicant's or license
317	317	holder's office not later than the 30th day after the date of
318	318	relocation, whether in or out of this state; or
319	319	(17) the license holder has practiced or attempted to
320	320	practice optometry while the license holder's license was
321	321	suspended.
322	322	(d) The board may refuse to issue a license to an applicant
323	323	or may revoke or suspend a license or place a license holder on
324	324	probation for a period determined by the board because of the
325	325	applicant's or license holder's violation of a law of this state,
326	326	other than this chapter, or a rule of another licensing board in
327	327	this state, or of a statute or rule of another state as determined
328	328	by a review conducted as provided by Section 351.2526, if the
329	329	violation constitutes a violation of the laws of this state or a
330	330	board rule.
331	331	SECTION 19. Subchapter K, Chapter 351, Occupations Code, is
332	332	amended by adding Section 351.5014 to read as follows:
333	333	Sec. 351.5014. SUBMISSION TO MENTAL OR PHYSICAL
334	334	EXAMINATION. (a) In enforcing Section 351.501(a)(4), the board or
335	335	an authorized agent of the board on probable cause, as determined by
336	336	the board or agent, shall request an applicant or license holder to
337	337	submit to a mental or physical examination by a physician or other
338	338	health care professional designated by the board. The board shall
339	339	adopt guidelines, in conjunction with persons interested in or
340	340	affected by this section, to enable the board to evaluate
341	341	circumstances in which an applicant or license holder may be
342	342	required to submit to an examination for mental or physical health
343	343	conditions, alcohol and substance abuse, or professional behavior
344	344	problems.
345	345	(b) If the applicant or license holder refuses to submit to
346	346	the examination under Subsection (a), the board shall issue an
347	347	order requiring the applicant or license holder to show cause why
348	348	the applicant or license holder will not submit to the examination.
349	349	The board shall schedule a hearing on the order not later than the
350	350	30th day after the date notice is served on the applicant or license
351	351	holder. The board shall notify the applicant or license holder of
352	352	the order and hearing by personal service or certified mail, return
353	353	receipt requested.
354	354	(c) At the hearing, the applicant or license holder and the
355	355	applicant's or license holder's attorney are entitled to present
356	356	testimony or other evidence to show why the applicant or license
357	357	holder should not be required to submit to the examination. The
358	358	applicant or license holder has the burden of proof to show why the
359	359	applicant or license holder should not be required to submit to the
360	360	examination.
361	361	(d) After the hearing, the board, as applicable, by order
362	362	shall require the applicant or license holder to submit to the
363	363	examination not later than the 60th day after the date of the order
364	364	or withdraw the request for examination.
365	365	SECTION 20. Subchapter M, Chapter 351, Occupations Code, is
366	366	amended by adding Section 351.6011 to read as follows:
367	367	Sec. 351.6011. MONITORING HARMFUL PRESCRIBING PATTERNS.
368	368	(a) The board shall periodically check the prescribing information
369	369	submitted to the Texas State Board of Pharmacy as authorized by
370	370	Section 481.076(a)(1), Health and Safety Code, to determine whether
371	371	an optometrist or therapeutic optometrist licensed under this
372	372	chapter is engaging in potentially harmful prescribing patterns or
373	373	practices.
374	374	(b) The board, in coordination with the Texas State Board of
375	375	Pharmacy, shall determine the conduct that constitutes a
376	376	potentially harmful prescribing pattern or practice for purposes of
377	377	Subsection (a). In determining the conduct that constitutes a
378	378	potentially harmful prescribing pattern or practice, the board
379	379	shall consider:
380	380	(1) the number of times an optometrist or therapeutic
381	381	optometrist prescribes a drug listed in Section 351.3591(b); and
382	382	(2) for prescriptions described by Subdivision (1),
383	383	patterns of prescribing combinations of those drugs and other
384	384	dangerous combinations of drugs identified by the board.
385	385	(c) If the board suspects that an optometrist or therapeutic
386	386	optometrist licensed under this chapter may be engaging in
387	387	potentially harmful prescribing patterns or practices, the board
388	388	may notify the optometrist or therapeutic optometrist of the
389	389	potentially harmful prescribing pattern or practice.
390	390	(d) The board may initiate a complaint against an
391	391	optometrist or therapeutic optometrist based on information
392	392	obtained under this section.
393	393	SECTION 21. Section 351.152(c), Occupations Code, is
394	394	repealed.
395	395	SECTION 22. (a) Except as provided by Subsection (b) of
396	396	this section, Section 351.059, Occupations Code, as amended by this
397	397	Act, applies to a member of the Texas Optometry Board appointed
398	398	before, on, or after the effective date of this Act.
399	399	(b) A member of the Texas Optometry Board who, before the
400	400	effective date of this Act, completed the training program required
401	401	by Section 351.059, Occupations Code, as that law existed before
402	402	the effective date of this Act, is required to complete additional
403	403	training on the subjects added by this Act to the training program
404	404	as required by Section 351.059, Occupations Code, as amended by
405	405	this Act. A board member described by this subsection may not vote,
406	406	deliberate, or be counted as a member in attendance at a meeting of
407	407	the board held on or after December 1, 2017, until the member
408	408	completes the additional training.
409	409	SECTION 23. (a) As soon as possible after the effective
410	410	date of this Act, the Texas Optometry Board shall revise the board's
411	411	rules as necessary to implement Section 351.254(a), Occupations
412	412	Code, as amended by this Act.
413	413	(b) Not later than September 1, 2022, the Texas Optometry
414	414	Board shall obtain criminal history record information on each
415	415	person who, on the effective date of this Act, holds a license
416	416	issued under Chapter 351, Occupations Code, and did not undergo a
417	417	criminal history record information check based on the license
418	418	holder's fingerprints on initial application for the license. The
419	419	board may suspend the license of a license holder who does not
420	420	provide the criminal history record information as required by the
421	421	board and this subsection.
422	422	(c) The Texas Optometry Board may establish procedures to
423	423	implement a biennial renewal of licenses as provided by Subchapter
424	424	G, Chapter 351, Occupations Code, as amended by this Act.
425	425	SECTION 24. Section 351.3591, Occupations Code, as added by
426	426	this Act, applies only to a prescription issued on or after
427	427	September 1, 2018. A prescription issued before September 1, 2018,
428	428	is governed by the law in effect on the date the prescription is
429	429	issued, and the former law is continued in effect for that purpose.
430	430	SECTION 25. This Act takes effect September 1, 2017.