Bill Text: TX HB3710 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the comanagement of glaucoma by ophthalmologists and therapeutic optometrists and the establishment of a comanagement registry.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-25 - Left pending in committee [HB3710 Detail]
Download: Texas-2017-HB3710-Introduced.html
85R11918 SLB-F | ||
By: Sheffield | H.B. No. 3710 |
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relating to the comanagement of glaucoma by ophthalmologists and | ||
therapeutic optometrists and the establishment of a comanagement | ||
registry. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 153, Occupations Code, is | ||
amended by adding Section 153.017 to read as follows: | ||
Sec. 153.017. GLAUCOMA COMANAGEMENT REGISTRY AND | ||
DISCIPLINARY INFORMATION. (a) The board and the Texas Optometry | ||
Board shall: | ||
(1) jointly maintain a registry of ophthalmologists | ||
and therapeutic optometrists engaged in the comanagement of | ||
patients under Section 351.3581; and | ||
(2) make the registry available to the public through | ||
a link on each board's Internet website. | ||
(b) The registry must be searchable by: | ||
(1) the name of the ophthalmologist; | ||
(2) the name of the therapeutic optometrist; | ||
(3) the county that an ophthalmologist in the registry | ||
lists as a primary practice location; and | ||
(4) the county that a therapeutic optometrist in the | ||
registry lists as a primary practice location. | ||
(c) The board and the Texas Optometry Board shall jointly | ||
develop a process to share information regarding license holders | ||
under the jurisdiction of either board who: | ||
(1) become the subject of an investigation involving | ||
the comanagement or treatment of glaucoma, including information | ||
regarding the final disposition of the investigation; or | ||
(2) have been subject to a final adverse disciplinary | ||
action for an act involving the comanagement or treatment of | ||
glaucoma. | ||
(d) The board or the Texas Optometry Board, as applicable, | ||
may use information shared under Subsection (c) to initiate an | ||
investigation of a license holder. | ||
SECTION 2. Chapter 160, Occupations Code, is amended by | ||
adding Subchapter D to read as follows: | ||
SUBCHAPTER D. PARTICIPATION IN GLAUCOMA COMANAGEMENT REGISTRY | ||
Sec. 160.151. PROVISION OF INFORMATION TO GLAUCOMA | ||
COMANAGEMENT REGISTRY. (a) An ophthalmologist engaged in the | ||
comanagement of patients under Section 351.3581 shall provide to | ||
the board the name, license number, and county of primary practice | ||
location of each therapeutic optometrist with whom the | ||
ophthalmologist is comanaging patients for inclusion in the | ||
comanagement registry maintained as required under Section | ||
153.017. | ||
(b) The board shall establish procedures to allow an | ||
ophthalmologist who provides information under Subsection (a) to | ||
update the information through the registry's Internet website. | ||
The board shall require the ophthalmologist to update the | ||
information at least annually. | ||
SECTION 3. Section 351.3581, Occupations Code, is amended | ||
by amending Subsection (c) and adding Subsections (c-1), (c-2), | ||
(k), and (l) to read as follows: | ||
(c) A therapeutic optometrist required to engage in | ||
comanagement consultation with an ophthalmologist shall: | ||
(1) inform the patient diagnosed with or undergoing or | ||
beginning treatment for glaucoma that the therapeutic optometrist | ||
is required to have the diagnosis confirmed and comanaged with an | ||
ophthalmologist with whom the therapeutic optometrist has a | ||
glaucoma comanagement agreement or by an ophthalmologist of the | ||
patient's choosing; and | ||
(2) obtain signed, written consent from a patient | ||
described by Subdivision (1) that meets the requirements of | ||
Subsection (c-1) [ |
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(c-1) Consent obtained under Subsection (c) must | ||
acknowledge receipt by the patient of the following information: | ||
(1) that the patient has been diagnosed with glaucoma | ||
by the therapeutic optometrist or is undergoing or beginning | ||
treatment for glaucoma; | ||
(2) that the therapeutic optometrist obtaining the | ||
consent is not a physician licensed to practice medicine by the | ||
Texas Medical Board; | ||
(3) that the patient should have the diagnosis of | ||
glaucoma confirmed by an ophthalmologist licensed to practice | ||
medicine by the Texas Medical Board not later than the 30th day | ||
after the date the diagnosis is determined by the therapeutic | ||
optometrist and that the diagnosis should be reconfirmed annually | ||
by an ophthalmologist; | ||
(4) that the therapeutic optometrist obtaining the | ||
consent is required to comanage the treatment for glaucoma with an | ||
ophthalmologist licensed to practice medicine by the Texas Medical | ||
Board; and | ||
(5) that the Texas Medical Board and the Texas | ||
Optometry Board maintain a searchable registry of ophthalmologists | ||
and therapeutic optometrists who comanage glaucoma patients. | ||
(c-2) A therapeutic optometrist shall maintain a patient's | ||
consent obtained under Subsection (c) in the patient's medical | ||
record and forward a copy of the consent to the comanaging | ||
ophthalmologist with whom the therapeutic optometrist has a | ||
glaucoma comanagement agreement under Subsection (l) or to an | ||
ophthalmologist of the patient's choice on the written request of | ||
the patient. | ||
(k) A therapeutic optometrist engaged in the comanagement | ||
of patients under this section shall provide to the board the name, | ||
physician license number, and county of primary practice location | ||
of each ophthalmologist with whom the therapeutic optometrist is | ||
comanaging patients for inclusion in the glaucoma comanagement | ||
registry maintained as required by Section 153.017. The board | ||
shall establish procedures to allow a therapeutic optometrist who | ||
provides information under this subsection to update the | ||
information through the registry's Internet website. The board | ||
shall require the therapeutic optometrist to update the information | ||
at least annually. | ||
(l) A therapeutic optometrist who is required to engage in | ||
consultation with an ophthalmologist under this section shall enter | ||
into a written glaucoma comanagement agreement, signed and dated by | ||
the parties to the agreement, that: | ||
(1) contains the following information: | ||
(A) the names, addresses, and applicable license | ||
numbers of the parties; | ||
(B) the practice locations and settings of the | ||
parties; | ||
(C) a general plan for addressing consultation | ||
and referral; and | ||
(D) a general process for communications between | ||
the parties; | ||
(2) requires the agreement and any amendment to the | ||
agreement to be reviewed, dated, and signed by each party at least | ||
annually; | ||
(3) requires a party to the agreement who is notified | ||
that the party is the subject of an investigation by the party's | ||
licensing board to immediately notify the other party of the | ||
investigation; and | ||
(4) provides that the agreement may be terminated by | ||
any party not later than the 30th day after the date the party | ||
seeking termination notifies all other parties. | ||
SECTION 4. (a) Not later than March 1, 2018, the Texas | ||
Medical Board and the Texas Optometry Board shall establish the | ||
registry and adopt rules to implement the changes in law made by | ||
this Act. | ||
(b) Notwithstanding Section 351.3581, Occupations Code, as | ||
amended by this Act, a therapeutic optometrist or ophthalmologist | ||
is not required to comply with that section until April 1, 2018. | ||
SECTION 5. This Act takes effect September 1, 2017. |