Texas 2017 - 85th Regular

Texas House Bill HB3710 Compare Versions

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

Old	New	Differences
1	1	85R11918 SLB-F
2	2	By: Sheffield H.B. No. 3710
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the comanagement of glaucoma by ophthalmologists and
8	8	therapeutic optometrists and the establishment of a comanagement
9	9	registry.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 153, Occupations Code, is
12	12	amended by adding Section 153.017 to read as follows:
13	13	Sec. 153.017. GLAUCOMA COMANAGEMENT REGISTRY AND
14	14	DISCIPLINARY INFORMATION. (a) The board and the Texas Optometry
15	15	Board shall:
16	16	(1) jointly maintain a registry of ophthalmologists
17	17	and therapeutic optometrists engaged in the comanagement of
18	18	patients under Section 351.3581; and
19	19	(2) make the registry available to the public through
20	20	a link on each board's Internet website.
21	21	(b) The registry must be searchable by:
22	22	(1) the name of the ophthalmologist;
23	23	(2) the name of the therapeutic optometrist;
24	24	(3) the county that an ophthalmologist in the registry
25	25	lists as a primary practice location; and
26	26	(4) the county that a therapeutic optometrist in the
27	27	registry lists as a primary practice location.
28	28	(c) The board and the Texas Optometry Board shall jointly
29	29	develop a process to share information regarding license holders
30	30	under the jurisdiction of either board who:
31	31	(1) become the subject of an investigation involving
32	32	the comanagement or treatment of glaucoma, including information
33	33	regarding the final disposition of the investigation; or
34	34	(2) have been subject to a final adverse disciplinary
35	35	action for an act involving the comanagement or treatment of
36	36	glaucoma.
37	37	(d) The board or the Texas Optometry Board, as applicable,
38	38	may use information shared under Subsection (c) to initiate an
39	39	investigation of a license holder.
40	40	SECTION 2. Chapter 160, Occupations Code, is amended by
41	41	adding Subchapter D to read as follows:
42	42	SUBCHAPTER D. PARTICIPATION IN GLAUCOMA COMANAGEMENT REGISTRY
43	43	Sec. 160.151. PROVISION OF INFORMATION TO GLAUCOMA
44	44	COMANAGEMENT REGISTRY. (a) An ophthalmologist engaged in the
45	45	comanagement of patients under Section 351.3581 shall provide to
46	46	the board the name, license number, and county of primary practice
47	47	location of each therapeutic optometrist with whom the
48	48	ophthalmologist is comanaging patients for inclusion in the
49	49	comanagement registry maintained as required under Section
50	50	153.017.
51	51	(b) The board shall establish procedures to allow an
52	52	ophthalmologist who provides information under Subsection (a) to
53	53	update the information through the registry's Internet website.
54	54	The board shall require the ophthalmologist to update the
55	55	information at least annually.
56	56	SECTION 3. Section 351.3581, Occupations Code, is amended
57	57	by amending Subsection (c) and adding Subsections (c-1), (c-2),
58	58	(k), and (l) to read as follows:
59	59	(c) A therapeutic optometrist required to engage in
60	60	comanagement consultation with an ophthalmologist shall:
61	61	(1) inform the patient diagnosed with or undergoing or
62	62	beginning treatment for glaucoma that the therapeutic optometrist
63	63	is required to have the diagnosis confirmed and comanaged with an
64	64	ophthalmologist with whom the therapeutic optometrist has a
65	65	glaucoma comanagement agreement or by an ophthalmologist of the
66	66	patient's choosing; and
67	67	(2) obtain signed, written consent from a patient
68	68	described by Subdivision (1) that meets the requirements of
69	69	Subsection (c-1) [or, if the patient does not choose an
70	70	ophthalmologist, an ophthalmologist practicing in the geographic
71	71	area in which the therapeutic optometrist practices].
72	72	(c-1) Consent obtained under Subsection (c) must
73	73	acknowledge receipt by the patient of the following information:
74	74	(1) that the patient has been diagnosed with glaucoma
75	75	by the therapeutic optometrist or is undergoing or beginning
76	76	treatment for glaucoma;
77	77	(2) that the therapeutic optometrist obtaining the
78	78	consent is not a physician licensed to practice medicine by the
79	79	Texas Medical Board;
80	80	(3) that the patient should have the diagnosis of
81	81	glaucoma confirmed by an ophthalmologist licensed to practice
82	82	medicine by the Texas Medical Board not later than the 30th day
83	83	after the date the diagnosis is determined by the therapeutic
84	84	optometrist and that the diagnosis should be reconfirmed annually
85	85	by an ophthalmologist;
86	86	(4) that the therapeutic optometrist obtaining the
87	87	consent is required to comanage the treatment for glaucoma with an
88	88	ophthalmologist licensed to practice medicine by the Texas Medical
89	89	Board; and
90	90	(5) that the Texas Medical Board and the Texas
91	91	Optometry Board maintain a searchable registry of ophthalmologists
92	92	and therapeutic optometrists who comanage glaucoma patients.
93	93	(c-2) A therapeutic optometrist shall maintain a patient's
94	94	consent obtained under Subsection (c) in the patient's medical
95	95	record and forward a copy of the consent to the comanaging
96	96	ophthalmologist with whom the therapeutic optometrist has a
97	97	glaucoma comanagement agreement under Subsection (l) or to an
98	98	ophthalmologist of the patient's choice on the written request of
99	99	the patient.
100	100	(k) A therapeutic optometrist engaged in the comanagement
101	101	of patients under this section shall provide to the board the name,
102	102	physician license number, and county of primary practice location
103	103	of each ophthalmologist with whom the therapeutic optometrist is
104	104	comanaging patients for inclusion in the glaucoma comanagement
105	105	registry maintained as required by Section 153.017. The board
106	106	shall establish procedures to allow a therapeutic optometrist who
107	107	provides information under this subsection to update the
108	108	information through the registry's Internet website. The board
109	109	shall require the therapeutic optometrist to update the information
110	110	at least annually.
111	111	(l) A therapeutic optometrist who is required to engage in
112	112	consultation with an ophthalmologist under this section shall enter
113	113	into a written glaucoma comanagement agreement, signed and dated by
114	114	the parties to the agreement, that:
115	115	(1) contains the following information:
116	116	(A) the names, addresses, and applicable license
117	117	numbers of the parties;
118	118	(B) the practice locations and settings of the
119	119	parties;
120	120	(C) a general plan for addressing consultation
121	121	and referral; and
122	122	(D) a general process for communications between
123	123	the parties;
124	124	(2) requires the agreement and any amendment to the
125	125	agreement to be reviewed, dated, and signed by each party at least
126	126	annually;
127	127	(3) requires a party to the agreement who is notified
128	128	that the party is the subject of an investigation by the party's
129	129	licensing board to immediately notify the other party of the
130	130	investigation; and
131	131	(4) provides that the agreement may be terminated by
132	132	any party not later than the 30th day after the date the party
133	133	seeking termination notifies all other parties.
134	134	SECTION 4. (a) Not later than March 1, 2018, the Texas
135	135	Medical Board and the Texas Optometry Board shall establish the
136	136	registry and adopt rules to implement the changes in law made by
137	137	this Act.
138	138	(b) Notwithstanding Section 351.3581, Occupations Code, as
139	139	amended by this Act, a therapeutic optometrist or ophthalmologist
140	140	is not required to comply with that section until April 1, 2018.
141	141	SECTION 5. This Act takes effect September 1, 2017.