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A BILL TO BE ENTITLED
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AN ACT
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relating to the practice of therapeutic optometry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 351.002(7), Occupations Code, is amended |
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to read as follows: |
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(7) "Practice of therapeutic optometry" means using |
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objective or subjective means, [not] including surgery except as |
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prohibited under Section 351.4521 [or laser surgery], to: |
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(A) determine or measure the powers of vision of |
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the human eye as provided by Section 351.355; |
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(B) examine or diagnose visual defects, abnormal |
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conditions, or diseases of the human eye or adnexa; |
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(C) prescribe or fit lenses or prisms to correct |
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or remedy a defect or abnormal condition of vision as provided by |
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Section 351.356; |
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(D) administer or prescribe a drug or physical |
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treatment in the manner authorized by this chapter; or |
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(E) treat the visual system, including the eye or |
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adnexa as authorized by this chapter. |
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SECTION 2. Sections 351.358(b) and (c), Occupations Code, |
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are amended to read as follows: |
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(b) A therapeutic optometrist may: |
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(1) administer, perform, or prescribe ophthalmic |
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devices, procedures, and appropriate medications administered by |
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topical, subconjunctival, or oral means[, in accordance with this
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section and Section 351.3581,] to diagnose or treat visual defects, |
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abnormal conditions, or diseases of the human vision system, |
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including the eye and adnexa; or |
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(2) administer medication by parenteral means for a |
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purpose and in a manner prescribed by Subsection (e). |
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(c) A therapeutic optometrist may administer or prescribe |
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oral analgesic medications only in the following classifications of |
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oral pharmaceuticals: |
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(1) [one 10-day supply of oral antibiotics;
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[(2) one 72-hour supply of oral antihistamines;
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[(3)
one seven-day supply of oral nonsteroidal
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anti-inflammatories;
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[(4)] one three-day supply of any analgesic medication |
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classified as a controlled substance under Schedule [identified in
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Schedules] III, IV, or [and] V of 21 U.S.C. Section 812; and |
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(2) one three-day supply of hydrocodone or of a |
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hydrocodone combination medication classified as a controlled |
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substance under Schedule II of 21 U.S.C. Section 812 |
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[(5)
any other oral pharmaceutical recommended by the
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Optometric Health Care Advisory Committee and approved by the board
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and the Texas State Board of Medical Examiners]. |
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SECTION 3. The heading to Section 351.3581, Occupations |
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Code, is amended to read as follows: |
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Sec. 351.3581. [DIAGNOSIS AND] TREATMENT OF GLAUCOMA. |
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SECTION 4. Section 351.3581(a), Occupations Code, is |
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amended to read as follows: |
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(a) A therapeutic optometrist may not administer or |
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prescribe an oral or parenteral medication or treat glaucoma unless |
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the therapeutic optometrist holds a certificate issued by the |
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board. A therapeutic optometrist certified under this section |
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[subsection] shall be known as an optometric glaucoma specialist. |
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To obtain a certificate, a therapeutic optometrist must [as
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required under Section 351.165(c)]: |
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(1) complete an instructional clinical review course; |
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and |
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(2) pass an examination approved by the board. |
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SECTION 5. Section 351.4521, Occupations Code, is amended |
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to read as follows: |
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Sec. 351.4521. PERFORMANCE OF CERTAIN SURGICAL PROCEDURES |
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BY THERAPEUTIC OPTOMETRISTS [SURGERY] PROHIBITED. (a) A |
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therapeutic optometrist may not perform the following surgical |
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procedures: |
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(1) retinal laser procedures, laser-assisted in situ |
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keratomileusis (LASIK), photorefractive keratectomy (PRK), or |
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laser epithelial keratomileusis (LASEK); |
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(2) penetrating keratoplasty, corneal transplant, or |
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lamellar keratoplasty; |
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(3) a surgical procedure that requires the |
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administration of general anesthesia; |
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(4) intraocular injection; |
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(5) a surgical procedure relating to the removal of |
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the eye from a living person; |
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(6) a surgical procedure requiring full-thickness |
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incision or excision of the cornea or sclera other than |
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paracentesis in an emergency situation requiring immediate |
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reduction of the pressure inside of the eye; |
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(7) a surgical procedure requiring incision or |
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excision of the iris and ciliary body, including iris diathermy and |
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cryotherapy; |
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(8) a surgical procedure requiring incision or |
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excision of the vitreous; |
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(9) a surgical procedure requiring incision or |
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excision of the retina; |
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(10) surgical extraction of the crystalline lens; |
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(11) surgical intraocular implants; |
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(12) incisional or excisional surgery of the |
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extraocular muscles; |
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(13) surgery of the eyelid for a suspected eyelid |
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malignancy; |
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(14) surgery of the eyelid, including the incisional, |
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excisional, or mechanical repair of blepharochalasis, |
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dermatochalasis, or ptosis; |
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(15) tarsorrhaphy; |
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(16) surgery of the bony orbit, including orbital |
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implants; |
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(17) incisional or excisional surgery of the lacrimal |
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system other than lacrimal probing and related procedures; |
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(18) a surgical procedure requiring full-thickness |
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conjunctivoplasty with graft or flap; |
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(19) retrobulbar injection or injection into the |
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extraocular orbital space; and |
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(20) pterygium surgery [or laser surgery]. |
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(b) This section does not prevent a therapeutic optometrist |
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from providing preoperative or postoperative care relating to a |
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surgical procedure listed in Subsection (a). |
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SECTION 6. The following provisions of the Occupations Code |
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are repealed: |
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(1) Section 351.358(d); and |
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(2) Sections 351.3581(b), (c), (d), (e), (f), (g), |
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(h), (i), and (j). |
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SECTION 7. This Act takes effect September 1, 2015. |