85R8466 CAE-D
By: Flynn H.B. No. 3012
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Optometry
Board; authorizing a reduction in fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 351.004, Occupations Code, is amended to
read as follows:
Sec. 351.004. SUNSET PROVISION. The Texas Optometry Board
is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
board is abolished and this chapter expires September 1, 2029
[2017].
SECTION 2. Section 351.059, Occupations Code, is amended by
amending Subsection (c) and adding Subsection (e) to read as
follows:
(c) The training program must provide the person with
information regarding:
(1) the law governing board operations [the
legislation that created the board and the legislation that created
the Contact Lens Prescription Act];
(2) the board's programs, functions, rules, and
budget;
(3) the scope of and limitations on the rulemaking
authority of the board;
(4) the results of the most recent formal audit of the
board;
(5) [(4)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedures, and disclosing
conflicts-of-interest; and
(B) other laws applicable to members of the board
in performing their duties; and
(6) [(5)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(e) The executive director of the board shall create a
training manual that includes the information required by
Subsection (c). The executive director shall distribute a copy of
the training manual annually to each board member. On receipt of
the training manual, each board member shall sign and submit to the
executive director a statement acknowledging receipt of the
training manual.
SECTION 3. Section 351.154(b), Occupations Code, is amended
to read as follows:
(b) The board shall deposit in the University of Houston
development fund 15 percent of each [annual] renewal fee collected
by the board under Section 351.152. The money paid to that fund
under this subsection may be used solely for scholarships or
improvements in the physical facilities, including library
facilities, of the College of Optometry.
SECTION 4. Section 351.163(d), Occupations Code, is amended
to read as follows:
(d) The executive director shall number and record each
license or [annual] renewal certificate issued by the board.
SECTION 5. The heading to Section 351.2045, Occupations
Code, is amended to read as follows:
Sec. 351.2045. CONFIDENTIALITY OF COMPLAINTS, ADVERSE
REPORTS, INVESTIGATION FILES, AND OTHER INFORMATION.
SECTION 6. Section 351.2045, Occupations Code, is amended
by amending Subsection (a) and adding Subsections (c-1) and (f) to
read as follows:
(a) Each complaint, adverse report, investigation file, and
other investigation report and all other investigative information
in the possession of or received or gathered by the board or the
board's employees or agents relating to a license holder, an
application for a license, or a criminal investigation or
proceeding is privileged and confidential and is [The board's
investigation files are confidential, privileged, and] not subject
to discovery, subpoena, or any other means of legal compulsion for
release to anyone other than [to] the board or an employee or agent
of the board involved in any disciplinary action relating to a
license holder.
(c-1) The board's providing of information under Subsection
(c) does not constitute a waiver of a privilege or confidentiality
under this chapter or any other law.
(f) The board shall protect the identity of a complainant to
the extent possible.
SECTION 7. Subchapter E, Chapter 351, Occupations Code, is
amended by adding Section 351.2046 to read as follows:
Sec. 351.2046. REQUIREMENTS FOR CERTAIN COMPLAINTS. (a)
In this section:
(1) "Anonymous complaint" means a complaint that lacks
sufficient information to identify the source or the name of the
person who filed the complaint.
(2) "Insurance agent" means a person licensed under
Chapter 4054, Insurance Code.
(3) "Insurer" means an insurance company or other
entity authorized to engage in the business of insurance under
Subtitle C, Title 6, Insurance Code.
(4) "Third-party administrator" means a person
required to have a certificate of authority under Chapter 4151,
Insurance Code.
(b) The board may not accept anonymous complaints.
(c) Notwithstanding any confidentiality requirements under
Chapter 552, Government Code, or this chapter, a complaint filed
with the board by an insurance agent, insurer, pharmaceutical
company, or third-party administrator against a license holder must
include the name and address of the insurance agent, insurer,
pharmaceutical company, or third-party administrator filing the
complaint.
(d) Not later than the 15th day after the date the complaint
is filed with the board, the board shall notify the license holder
who is the subject of the complaint of the name and address of the
insurance agent, insurer, pharmaceutical company, or third-party
administrator who filed the complaint, unless the notice would
jeopardize an investigation.
SECTION 8. Section 351.254(a), Occupations Code, is amended
to read as follows:
(a) An applicant is eligible to take the licensing
examination if the applicant provides to the executive director, on
a form provided by the board, information the board considers
necessary to enforce this chapter, including satisfactory [sworn]
evidence that the applicant:
(1) has attained the age of majority;
(2) [is of good moral character;
[(3)] has a preliminary education equivalent to one
that would permit the applicant to enroll in The University of
Texas; and
(3) [(4)] has attended and graduated from a reputable
college of optometry that meets board requirements.
SECTION 9. Subchapter F, Chapter 351, Occupations Code, is
amended by adding Sections 351.2525 and 351.2526 to read as
follows:
Sec. 351.2525. CRIMINAL HISTORY RECORD INFORMATION FOR
LICENSE ISSUANCE. (a) The board shall require that an applicant
for a license submit a complete and legible set of fingerprints, on
a form prescribed by the board, to the board or to the Department of
Public Safety for the purpose of obtaining criminal history record
information from the Department of Public Safety and the Federal
Bureau of Investigation.
(b) The board may not issue a license to a person who does
not comply with the requirement of Subsection (a).
(c) The board shall conduct a criminal history record
information check of each applicant for a license using
information:
(1) provided by the individual under this section; and
(2) made available to the board by the Department of
Public Safety, the Federal Bureau of Investigation, and any other
criminal justice agency under Chapter 411, Government Code.
(d) The board may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history record information
check required under this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history record information
check.
Sec. 351.2526. REVIEW OF NATIONAL PRACTITIONER DATABASE.
The board shall establish a process to review at least one national
practitioner database to determine whether another state has taken
any disciplinary or other legal action against an applicant or
license holder before issuing an initial or renewal license under
this chapter.
SECTION 10. The heading to Section 351.301, Occupations
Code, is amended to read as follows:
Sec. 351.301. [ANNUAL] RENEWAL CERTIFICATE.
SECTION 11. Section 351.301(a), Occupations Code, is
amended to read as follows:
(a) A person required by this subchapter to hold a [an
annual] renewal certificate may not practice optometry or
therapeutic optometry without the certificate.
SECTION 12. Section 351.302, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A license under this chapter is valid for a term of one
or two years as determined by board rule.
(a-1) The board by rule may adopt a system under which
licenses expire on various dates during the year. The board shall
adjust the final dates for payment, the dates for notice of
nonpayment, and the dates for license cancellation accordingly.
SECTION 13. Sections 351.304(a) and (b), Occupations Code,
are amended to read as follows:
(a) Not later than the date [January 1 of each year or as
otherwise] provided under Section 351.302, an optometrist or
therapeutic optometrist shall pay to the board a [an annual]
renewal fee for the renewal of a license to practice optometry or
therapeutic optometry [for the year]. A person may renew an
unexpired license by paying the required renewal fee to the board
before the license expiration date.
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a renewal fee that
is equal to one and one-half times the [annual] renewal fee set by
the board under Section 351.152. If a person's license has been
expired for more than 90 days but less than one year, the person may
renew the license by paying to the board a renewal fee that is equal
to two times the [annual] renewal fee set by the board under Section
351.152.
SECTION 14. Subchapter G, Chapter 351, Occupations Code, is
amended by adding Section 351.3045 to read as follows:
Sec. 351.3045. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
license issued under this chapter shall submit a complete and
legible set of fingerprints for purposes of performing a criminal
history record information check of the applicant as provided by
Section 351.2525.
(b) The board may administratively suspend or refuse to
renew the license of a person who does not comply with the
requirement of Subsection (a).
(c) A license holder is not required to submit fingerprints
under this section for the renewal of the license if the license
holder has previously submitted fingerprints under:
(1) Section 351.2525 for the initial issuance of the
license; or
(2) this section as part of a prior license renewal.
SECTION 15. Sections 351.305, Occupations Code, is amended
to read as follows:
Sec. 351.305. ISSUANCE OF CERTIFICATE. On receipt of the
required fees, the board shall issue a [an annual] renewal
certificate containing information from board records that the
board considers necessary for the proper enforcement of this
chapter, including the license number and the period [year] for
which the license is renewed.
SECTION 16. Section 351.309, Occupations Code, is amended
to read as follows:
Sec. 351.309. CONTINUING EDUCATION EXEMPTIONS. A person is
exempt from the continuing education requirements of Section
351.308 if the person:
(1) holds a license but does not practice optometry or
therapeutic optometry in this state;
(2) served in the regular armed forces of the United
States during part of the most recent license term [12 months
preceding the annual license renewal date];
(3) submits proof to the board that the person
suffered a serious or disabling illness or physical disability
preventing the person from complying with the requirements during
the most recent license term [12 months preceding the annual
license renewal date]; or
(4) was first licensed during the period [12 months]
preceding the [annual] license renewal date.
SECTION 17. Subchapter H, Chapter 351, Occupations Code, is
amended by adding Section 351.3591 to read as follows:
Sec. 351.3591. DUTIES RELATED TO CERTAIN PRESCRIPTIONS.
(a) An optometrist or therapeutic optometrist may not prescribe a
drug listed in Subsection (b) to a patient unless the optometrist or
therapeutic optometrist has reviewed the patient's prescription
history by accessing the prescription information submitted to the
Texas State Board of Pharmacy as authorized by Section
481.076(a)(5), Health and Safety Code.
(b) Subsection (a) applies only to the prescribing of:
(1) opioids;
(2) benzodiazepines;
(3) barbiturates; or
(4) carisoprodol.
(c) Failure by an optometrist or therapeutic optometrist to
comply with the requirements of this section is grounds for
disciplinary action under Section 351.501.
SECTION 18. Section 351.501, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) The [On the vote of five or more members, the] board may
refuse to issue a license to an applicant, revoke or suspend a
license, place on probation a person whose license has been
suspended, impose a fine, impose a stipulation, limitation, or
condition relating to continued practice, including conditioning
continued practice on counseling or additional education, or
reprimand a license holder if the board determines that:
(1) the applicant or license holder is guilty of
fraud, deceit, dishonesty, or misrepresentation in the practice of
optometry or therapeutic optometry or in seeking admission to that
practice;
(2) the applicant or license holder is unfit or
incompetent by reason of negligence;
(3) the applicant or license holder has been convicted
of a misdemeanor involving moral turpitude or a felony;
(4) the applicant or license holder has developed an
incapacity that prevents or could prevent the applicant or license
holder from practicing optometry or therapeutic optometry with
reasonable skill, competence, and safety to the public [:
[(A) is a habitual drunkard;
[(B) is addicted to the use of morphine, cocaine,
or other drugs having similar effect;
[(C) has become insane; or
[(D) has been found by a court to be of unsound
mind];
(5) the license holder has directly or indirectly
employed, hired, procured, or induced a person to practice
optometry or therapeutic optometry in this state without a license;
(6) the license holder has directly or indirectly
aided or abetted an unlicensed person in the practice of optometry
or therapeutic optometry;
(7) the license holder has placed the holder's license
at the disposal or service of, including lending, leasing, or
renting to, a person not licensed to practice optometry or
therapeutic optometry in this state;
(8) the applicant or license holder has wilfully or
repeatedly violated this chapter or a board rule adopted under this
chapter;
(9) the license holder has wilfully or repeatedly
represented to a member of the public that the license holder is
authorized or competent to cure or treat an eye disease beyond the
authorization granted by this chapter;
(10) the license holder has had the right to practice
optometry or therapeutic optometry suspended or revoked by a
federal agency for a cause that the board believes warrants that
action;
(11) the applicant or license holder has acted to
deceive, defraud, or harm the public;
(12) the applicant or license holder is guilty of
gross incompetence in the practice of optometry or therapeutic
optometry;
(13) the applicant or license holder has engaged in a
pattern of practice or other behavior demonstrating a wilful
provision of substandard care;
(14) the applicant or license holder has committed an
act of sexual abuse, misconduct, or exploitation with a patient or
has otherwise unethically or immorally abused the doctor-patient
relationship;
(15) the applicant or license holder has prescribed,
sold, administered, distributed, or given a drug legally classified
as a controlled substance or as an addictive or dangerous drug for
other than an accepted diagnostic or therapeutic purpose;
(16) the applicant or license holder has failed to
report to the board the relocation of the applicant's or license
holder's office not later than the 30th day after the date of
relocation, whether in or out of this state; or
(17) the license holder has practiced or attempted to
practice optometry while the license holder's license was
suspended.
(d) The board may refuse to issue a license to an applicant
or may revoke or suspend a license or place a license holder on
probation for a period determined by the board because of the
applicant's or license holder's violation of a law of this state,
other than this chapter, or a rule of another licensing board in
this state, or of a statute or rule of another state as determined
by a review conducted as provided by Section 351.2526, if the
violation constitutes a violation of the laws of this state or a
board rule.
SECTION 19. Subchapter K, Chapter 351, Occupations Code, is
amended by adding Section 351.5014 to read as follows:
Sec. 351.5014. SUBMISSION TO MENTAL OR PHYSICAL
EXAMINATION. (a) In enforcing Section 351.501(a)(4), the board or
an authorized agent of the board on probable cause, as determined by
the board or agent, shall request an applicant or license holder to
submit to a mental or physical examination by a physician or other
health care professional designated by the board. The board shall
adopt guidelines, in conjunction with persons interested in or
affected by this section, to enable the board to evaluate
circumstances in which an applicant or license holder may be
required to submit to an examination for mental or physical health
conditions, alcohol and substance abuse, or professional behavior
problems.
(b) If the applicant or license holder refuses to submit to
the examination under Subsection (a), the board shall issue an
order requiring the applicant or license holder to show cause why
the applicant or license holder will not submit to the examination.
The board shall schedule a hearing on the order not later than the
30th day after the date notice is served on the applicant or license
holder. The board shall notify the applicant or license holder of
the order and hearing by personal service or certified mail, return
receipt requested.
(c) At the hearing, the applicant or license holder and the
applicant's or license holder's attorney are entitled to present
testimony or other evidence to show why the applicant or license
holder should not be required to submit to the examination. The
applicant or license holder has the burden of proof to show why the
applicant or license holder should not be required to submit to the
examination.
(d) After the hearing, the board, as applicable, by order
shall require the applicant or license holder to submit to the
examination not later than the 60th day after the date of the order
or withdraw the request for examination.
SECTION 20. Subchapter M, Chapter 351, Occupations Code, is
amended by adding Section 351.6011 to read as follows:
Sec. 351.6011. MONITORING HARMFUL PRESCRIBING PATTERNS.
(a) The board shall periodically check the prescribing information
submitted to the Texas State Board of Pharmacy as authorized by
Section 481.076(a)(1), Health and Safety Code, to determine whether
an optometrist or therapeutic optometrist licensed under this
chapter is engaging in potentially harmful prescribing patterns or
practices.
(b) The board, in coordination with the Texas State Board of
Pharmacy, shall determine the conduct that constitutes a
potentially harmful prescribing pattern or practice for purposes of
Subsection (a). In determining the conduct that constitutes a
potentially harmful prescribing pattern or practice, the board
shall consider:
(1) the number of times an optometrist or therapeutic
optometrist prescribes a drug listed in Section 351.3591(b); and
(2) for prescriptions described by Subdivision (1),
patterns of prescribing combinations of those drugs and other
dangerous combinations of drugs identified by the board.
(c) If the board suspects that an optometrist or therapeutic
optometrist licensed under this chapter may be engaging in
potentially harmful prescribing patterns or practices, the board
may notify the optometrist or therapeutic optometrist of the
potentially harmful prescribing pattern or practice.
(d) The board may initiate a complaint against an
optometrist or therapeutic optometrist based on information
obtained under this section.
SECTION 21. Section 351.152(c), Occupations Code, is
repealed.
SECTION 22. (a) Except as provided by Subsection (b) of
this section, Section 351.059, Occupations Code, as amended by this
Act, applies to a member of the Texas Optometry Board appointed
before, on, or after the effective date of this Act.
(b) A member of the Texas Optometry Board who, before the
effective date of this Act, completed the training program required
by Section 351.059, Occupations Code, as that law existed before
the effective date of this Act, is required to complete additional
training on the subjects added by this Act to the training program
as required by Section 351.059, Occupations Code, as amended by
this Act. A board member described by this subsection may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board held on or after December 1, 2017, until the member
completes the additional training.
SECTION 23. (a) As soon as possible after the effective
date of this Act, the Texas Optometry Board shall revise the board's
rules as necessary to implement Section 351.254(a), Occupations
Code, as amended by this Act.
(b) Not later than September 1, 2022, the Texas Optometry
Board shall obtain criminal history record information on each
person who, on the effective date of this Act, holds a license
issued under Chapter 351, Occupations Code, and did not undergo a
criminal history record information check based on the license
holder's fingerprints on initial application for the license. The
board may suspend the license of a license holder who does not
provide the criminal history record information as required by the
board and this subsection.
(c) The Texas Optometry Board may establish procedures to
implement a biennial renewal of licenses as provided by Subchapter
G, Chapter 351, Occupations Code, as amended by this Act.
SECTION 24. Section 351.3591, Occupations Code, as added by
this Act, applies only to a prescription issued on or after
September 1, 2018. A prescription issued before September 1, 2018,
is governed by the law in effect on the date the prescription is
issued, and the former law is continued in effect for that purpose.
SECTION 25. This Act takes effect September 1, 2017.