Texas 2021 - 87th Regular

Texas Senate Bill SB993 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 993
	1	+	By: Hancock, et al. S.B. No. 993
	2	+	(Klick, Canales, et al.)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the practice of therapeutic optometry.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Subchapter E, Chapter 351, Occupations Code, is
8	10		amended by adding Section 351.2034 to read as follows:
9	11		Sec. 351.2034. COMPLAINTS RESULTING FROM GLAUCOMA
10	12		TREATMENT. (a) The board, in collaboration with the Texas Medical
11	13		Board, shall adopt rules for investigating and reviewing complaints
12	14		filed with the board regarding a therapeutic optometrist's
13	15		treatment of a patient for glaucoma. The rules must ensure that:
14	16		(1) a person who files a complaint has the opportunity
15	17		to explain the allegations made in the complaint;
16	18		(2) a complaint is not dismissed without appropriate
17	19		consideration by the board;
18	20		(3) a complaint is resolved within six months after
19	21		the date the complaint is filed;
20	22		(4) the board notifies the Texas Medical Board of the
21	23		receipt and disposition of a complaint; and
22	24		(5) a complaint is reviewed as provided by this
23	25		section.
24	26		(b) After a complaint regarding a therapeutic optometrist's
25	27		treatment of a patient for glaucoma is filed with the board, the
26	28		board shall select at least one physician licensed in this state who
27	29		specializes in ophthalmology to:
28	30		(1) review the complaint and determine if the
29	31		therapeutic optometrist's treatment of the patient for glaucoma
30	32		violated the standard of care applicable to a physician
31	33		specializing in ophthalmology; and
32	34		(2) submit to the board a written report on the
33	35		physician's determination.
34	36		(c) If the report under Subsection (b) states that the
35	37		standard of care was violated, the board shall forward the
36	38		complaint and report to an expert panel appointed by the board and
37	39		the Texas Medical Board. The panel must be composed of an equal
38	40		number of physicians who specialize in ophthalmology and
39	41		therapeutic optometrists. Each member of the expert panel must be
40	42		licensed to practice medicine or therapeutic optometry, as
41	43		applicable, in this state. A physician who serves on an expert
42	44		panel may also serve as an expert physician for the Texas Medical
43	45		Board.
44	46		(d) An expert panel selected to review a complaint under
45	47		Subsection (c) shall:
46	48		(1) review the physician's determination made under
47	49		Subsection (b); and
48	50		(2) recommend to the board whether the therapeutic
49	51		optometrist should be subject to disciplinary action and, if so,
50	52		whether the disciplinary action should include suspension or
51	53		revocation of the therapeutic optometrist's certificate issued
52	54		under Section 351.3581(a).
53	55		(e) A person is not eligible to review a complaint under
54	56		Subsection (b) or serve on an expert panel under Subsection (c) if:
55	57		(1) the person or the person's spouse is an officer,
56	58		employee, or paid consultant of a Texas trade association, as
57	59		defined by Section 351.053, in the field of health care; or
58	60		(2) the person is a member of the faculty or board of
59	61		trustees of an optometry school or an institution of higher
60	62		education with an affiliated school of optometry.
61	63		(f) The board shall maintain and make publicly available
62	64		online:
63	65		(1) information regarding the number of complaints
64	66		filed with the board regarding the treatment of patients for
65	67		glaucoma by therapeutic optometrists and the disposition of those
66	68		complaints; and
67	69		(2) a searchable list of each therapeutic optometrist
68	70		whose certificate under Section 351.3581(a) was suspended or
69	71		revoked by the board.
70	72		(g) This section expires September 1, 2027.
71	73		SECTION 2. Section 351.358(c), Occupations Code, is amended
72	74		to read as follows:
73	75		(c) A therapeutic optometrist may prescribe not more than
74	76		[oral medications only in the following classifications of oral
75	77		pharmaceuticals:
76	78		[(1) one 10-day supply of oral antibiotics;
77	79		[(2) one 72-hour supply of oral antihistamines;
78	80		[(3) one seven-day supply of oral nonsteroidal
79	81		anti-inflammatories;
80	82		[(4)] one three-day supply of any medication
81	83		classified as a controlled substance under Schedule [analgesic
82	84		identified in Schedules] III, IV, or [and] V of 21 U.S.C. Section
83	85		812[; and
84	86		[(5) any other oral pharmaceutical recommended by the
85	87		Optometric Health Care Advisory Committee and approved by the board
86	88		and the Texas State Board of Medical Examiners].
87	89		SECTION 3. The heading to Section 351.3581, Occupations
88	90		Code, is amended to read as follows:
89	91		Sec. 351.3581. [DIAGNOSIS AND] TREATMENT OF GLAUCOMA.
90	92		SECTION 4. Sections 351.3581(a) and (d), Occupations Code,
91	93		are amended to read as follows:
92	94		(a) A therapeutic optometrist may not administer or
93	95		prescribe an oral or parenteral medication or treat glaucoma unless
94	96		the therapeutic optometrist holds a certificate issued by the
95	97		board. A therapeutic optometrist certified under this section
96	98		[subsection] shall be known as an optometric glaucoma specialist.
97	99		To obtain a certificate, a therapeutic optometrist must [as
98	100		required under Section 351.165(c)]:
99	101		(1) complete an instructional clinical review course;
100	102		and
101	103		(2) pass an examination approved by the board.
102	104		(d) A therapeutic optometrist shall refer a patient to an
103	105		ophthalmologist if:
104	106		(1) the patient is younger than 16 years of age and has
105	107		been diagnosed as having glaucoma;
106	108		(2) the patient has been diagnosed as having acute
107	109		closed angle glaucoma;
108	110		(3) the patient has been diagnosed as having malignant
109	111		glaucoma or neovascular glaucoma;
110	112		(4) the patient has definite optic disc, retinal nerve
111	113		fiber layer, or macular imaging abnormalities consistent with
112	114		glaucoma and visual field abnormalities in both hemifields, or loss
113	115		within five degrees of fixation in at least one hemifield as tested
114	116		with standard automated perimetry [therapeutic optometrist
115	117		determines that a patient's glaucoma is caused by a diabetic
116	118		complication and, after joint consultation with the physician
117	119		treating the diabetes and an ophthalmologist by telephone, fax, or
118	120		another method, the physician or ophthalmologist determines that
119	121		the patient should be seen by the physician or ophthalmologist]; or
120	122		(5) the therapeutic optometrist determines that a
121	123		patient's glaucoma is not responding [appropriately] to
122	124		nonsurgical intervention [a treatment specified in Subsection (f)
123	125		and, after consulting a physician by telephone, fax, or another
124	126		method, the physician determines that the patient should be seen by
125	127		the physician or an appropriate specialist].
126	128		SECTION 5. Not later than December 1, 2021, the Texas
127	129		Optometry Board shall adopt rules necessary to implement the
128	130		changes in law made by this Act to Chapter 351, Occupations Code.
129	131		SECTION 6. Sections 351.3581(b) and (c), Occupations Code,
130	132		are repealed.
131	133		SECTION 7. This Act takes effect September 1, 2021.
132		-	______________________________ ______________________________
133		-	President of the Senate Speaker of the House
134		-	I hereby certify that S.B. No. 993 passed the Senate on
135		-	May 13, 2021, by the following vote: Yeas 30, Nays 0.
136		-	______________________________
137		-	Secretary of the Senate
138		-	I hereby certify that S.B. No. 993 passed the House on
139		-	May 24, 2021, by the following vote: Yeas 144, Nays 2, one present
140		-	not voting.
141		-	______________________________
142		-	Chief Clerk of the House
143		-	Approved:
144		-	______________________________
145		-	Date
146		-	______________________________
147		-	Governor