Texas 2021 - 87th Regular

Texas House Bill HB2340 Compare Versions

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

Old	New	Differences
1	1	87R5920 KKR-F
2	2	By: Klick H.B. No. 2340
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the practice of therapeutic optometry; requiring an
8	8	occupational certificate to perform certain surgical procedures.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 351.002(7), Occupations Code, is amended
11	11	to read as follows:
12	12	(7) "Practice of therapeutic optometry" means using
13	13	objective or subjective means, [not] including surgery, except as
14	14	prohibited by Section 351.4521 [or laser surgery], to:
15	15	(A) determine or measure the powers of vision of
16	16	the human eye as provided by Section 351.355;
17	17	(B) examine or diagnose visual defects, abnormal
18	18	conditions, or diseases of the human eye or adnexa;
19	19	(C) prescribe or fit lenses or prisms to correct
20	20	or remedy a defect or abnormal condition of vision as provided by
21	21	Section 351.356;
22	22	(D) administer or prescribe a drug or physical
23	23	treatment in the manner authorized by this chapter; or
24	24	(E) treat the visual system, including the eye or
25	25	adnexa as authorized by this chapter.
26	26	SECTION 2. The heading to Section 351.151, Occupations
27	27	Code, is amended to read as follows:
28	28	Sec. 351.151. RULES; INTERPRETATION OF CHAPTER AND RULES.
29	29	SECTION 3. Section 351.151, Occupations Code, is amended by
30	30	adding Subsection (c) to read as follows:
31	31	(c) The board may provide an interpretation of a provision
32	32	of this chapter or a rule adopted under this chapter, including by
33	33	issuing an advisory opinion or declaratory ruling.
34	34	SECTION 4. Subchapter D, Chapter 351, Occupations Code, is
35	35	amended by adding Section 351.170 to read as follows:
36	36	Sec. 351.170. SOLE AUTHORITY OVER PRACTICE OF OPTOMETRY.
37	37	The board has sole authority to regulate optometrists and
38	38	therapeutic optometrists and to determine the scope of practice of
39	39	an optometrist or therapeutic optometrist.
40	40	SECTION 5. Section 351.358, Occupations Code, is amended by
41	41	amending Subsections (b) and (c) and adding Subsection (f) to read
42	42	as follows:
43	43	(b) A therapeutic optometrist may[:
44	44	[(1)] administer, perform, or prescribe ophthalmic
45	45	devices, procedures, and appropriate medications administered by
46	46	any [topical or oral] means[, in accordance with this section and
47	47	Section 351.3581,] to diagnose or treat visual defects, abnormal
48	48	conditions, or diseases of the human vision system, including the
49	49	eye and adnexa[; or
50	50	[(2) administer medication by parenteral means for a
51	51	purpose and in a manner prescribed by Subsection (e)].
52	52	(c) A therapeutic optometrist may prescribe not more than
53	53	[oral medications only in the following classifications of oral
54	54	pharmaceuticals]:
55	55	(1) [one 10-day supply of oral antibiotics;
56	56	[(2) one 72-hour supply of oral antihistamines;
57	57	[(3) one seven-day supply of oral nonsteroidal
58	58	anti-inflammatories;
59	59	[(4)] one three-day supply of any medication
60	60	classified as a controlled substance under Schedule [analgesic
61	61	identified in Schedules] III, IV, or [and] V of 21 U.S.C. Section
62	62	812; and
63	63	(2) one three-day supply of hydrocodone or a
64	64	hydrocodone combination medication classified as a controlled
65	65	substance under Schedule II of 21 U.S.C. Section 812 [(5) any
66	66	other oral pharmaceutical recommended by the Optometric Health Care
67	67	Advisory Committee and approved by the board and the Texas State
68	68	Board of Medical Examiners].
69	69	(f) A therapeutic optometrist may administer, perform,
70	70	prescribe, or order diagnostic studies, analyses, tests, imaging
71	71	studies, or laboratory tests necessary to diagnose or treat visual
72	72	defects, abnormal conditions, or diseases of the human vision
73	73	system, including the eye and adnexa.
74	74	SECTION 6. The heading to Section 351.3581, Occupations
75	75	Code, is amended to read as follows:
76	76	Sec. 351.3581. [DIAGNOSIS AND] TREATMENT OF GLAUCOMA.
77	77	SECTION 7. Section 351.3581(a), Occupations Code, is
78	78	amended to read as follows:
79	79	(a) A therapeutic optometrist may not administer or
80	80	prescribe an oral or parenteral medication or treat glaucoma unless
81	81	the therapeutic optometrist holds a certificate issued by the
82	82	board. A therapeutic optometrist certified under this section
83	83	[subsection] shall be known as an optometric glaucoma specialist.
84	84	To obtain a certificate, a therapeutic optometrist must [as
85	85	required under Section 351.165(c)]:
86	86	(1) complete an instructional clinical review course;
87	87	and
88	88	(2) pass an examination approved by the board.
89	89	SECTION 8. Subchapter H, Chapter 351, Occupations Code, is
90	90	amended by adding Section 351.3582 to read as follows:
91	91	Sec. 351.3582. CERTAIN SURGICAL PROCEDURES: CERTIFICATE
92	92	REQUIRED. A therapeutic optometrist may not perform a surgical
93	93	procedure described by Section 351.4521(b) unless the therapeutic
94	94	optometrist holds a certificate issued by the board. To obtain a
95	95	certificate, a therapeutic optometrist must:
96	96	(1) complete an instructional clinical review course;
97	97	and
98	98	(2) pass an examination approved by the board.
99	99	SECTION 9. Section 351.4521, Occupations Code, is amended
100	100	to read as follows:
101	101	Sec. 351.4521. PERFORMANCE OF CERTAIN SURGICAL PROCEDURES
102	102	BY THERAPEUTIC OPTOMETRISTS [SURGERY] PROHIBITED. (a) A
103	103	therapeutic optometrist may not perform the following surgical
104	104	procedures:
105	105	(1) retinal laser procedures;
106	106	(2) laser-assisted in situ keratomileusis (LASIK),
107	107	photorefractive keratectomy (PRK), or laser epithelial
108	108	keratomileusis (LASEK);
109	109	(3) penetrating keratoplasty, corneal transplant, or
110	110	lamellar keratoplasty;
111	111	(4) a surgical procedure that requires the
112	112	administration of general anesthesia;
113	113	(5) intraocular injection;
114	114	(6) a surgical procedure relating to the removal of
115	115	the eye from a living person;
116	116	(7) surgical intraocular implants;
117	117	(8) surgery of the eyelid for a suspected eyelid
118	118	malignancy;
119	119	(9) tarsorrhaphy;
120	120	(10) surgery of the bony orbit, including orbital
121	121	implants; and
122	122	(11) retrobulbar injection or injection into the
123	123	extraocular orbital space.
124	124	(b) A therapeutic optometrist may not perform the following
125	125	surgical procedures unless the therapeutic optometrist holds a
126	126	certificate under Section 351.3582 and the procedure is performed
127	127	using laser or any form of ionizing or non-ionizing radiation:
128	128	(1) a surgical procedure requiring full-thickness
129	129	incision or excision of the cornea or sclera other than
130	130	paracentesis in an emergency situation requiring immediate
131	131	reduction of the pressure inside of the eye;
132	132	(2) a surgical procedure requiring incision or
133	133	excision of the iris and ciliary body;
134	134	(3) a surgical procedure requiring incision or
135	135	excision of the vitreous;
136	136	(4) a surgical procedure requiring incision or
137	137	excision of the retina;
138	138	(5) a surgical procedure requiring incision or
139	139	excision of the crystalline lens;
140	140	(6) a surgical procedure requiring incision or
141	141	excision of the extraocular muscles;
142	142	(7) the incisional or excisional repair of
143	143	blepharochalasis, dermatochalasis, or ptosis;
144	144	(8) a surgical procedure requiring incision or
145	145	excision of the lacrimal system other than lacrimal probing and
146	146	related procedures;
147	147	(9) a surgical procedure requiring conjunctivoplasty
148	148	with graft or flap; and
149	149	(10) a surgical procedure requiring incision or
150	150	excision of pterygium [surgery or laser surgery].
151	151	(c) This section does not:
152	152	(1) prevent a therapeutic optometrist from providing
153	153	preoperative or postoperative care relating to a surgical procedure
154	154	listed in Subsection (a) or (b); or
155	155	(2) limit the use of a diagnostic or therapeutic
156	156	instrument necessary to perform surgical treatments or procedures
157	157	to the eye or adnexa except for those treatments or procedures
158	158	specifically prohibited by this section.
159	159	SECTION 10. Not later than December 1, 2021, the Texas
160	160	Optometry Board shall adopt rules necessary to implement the
161	161	changes in law made by this Act to Chapter 351, Occupations Code.
162	162	SECTION 11. The following provisions of the Occupations
163	163	Code are repealed:
164	164	(1) Section 351.160;
165	165	(2) Section 351.358(d); and
166	166	(3) Sections 351.3581(b), (c), (d), (e), (f), (g),
167	167	(h), (i), and (j).
168	168	SECTION 12. This Act takes effect September 1, 2021.