Bill Text: TX SB993 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the practice of therapeutic optometry.
Spectrum: Slight Partisan Bill (Republican 24-9)
Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB993 Detail]
Download: Texas-2021-SB993-Enrolled.html
S.B. No. 993 |
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relating to the practice of therapeutic optometry. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter E, Chapter 351, Occupations Code, is | ||
amended by adding Section 351.2034 to read as follows: | ||
Sec. 351.2034. COMPLAINTS RESULTING FROM GLAUCOMA | ||
TREATMENT. (a) The board, in collaboration with the Texas Medical | ||
Board, shall adopt rules for investigating and reviewing complaints | ||
filed with the board regarding a therapeutic optometrist's | ||
treatment of a patient for glaucoma. The rules must ensure that: | ||
(1) a person who files a complaint has the opportunity | ||
to explain the allegations made in the complaint; | ||
(2) a complaint is not dismissed without appropriate | ||
consideration by the board; | ||
(3) a complaint is resolved within six months after | ||
the date the complaint is filed; | ||
(4) the board notifies the Texas Medical Board of the | ||
receipt and disposition of a complaint; and | ||
(5) a complaint is reviewed as provided by this | ||
section. | ||
(b) After a complaint regarding a therapeutic optometrist's | ||
treatment of a patient for glaucoma is filed with the board, the | ||
board shall select at least one physician licensed in this state who | ||
specializes in ophthalmology to: | ||
(1) review the complaint and determine if the | ||
therapeutic optometrist's treatment of the patient for glaucoma | ||
violated the standard of care applicable to a physician | ||
specializing in ophthalmology; and | ||
(2) submit to the board a written report on the | ||
physician's determination. | ||
(c) If the report under Subsection (b) states that the | ||
standard of care was violated, the board shall forward the | ||
complaint and report to an expert panel appointed by the board and | ||
the Texas Medical Board. The panel must be composed of an equal | ||
number of physicians who specialize in ophthalmology and | ||
therapeutic optometrists. Each member of the expert panel must be | ||
licensed to practice medicine or therapeutic optometry, as | ||
applicable, in this state. A physician who serves on an expert | ||
panel may also serve as an expert physician for the Texas Medical | ||
Board. | ||
(d) An expert panel selected to review a complaint under | ||
Subsection (c) shall: | ||
(1) review the physician's determination made under | ||
Subsection (b); and | ||
(2) recommend to the board whether the therapeutic | ||
optometrist should be subject to disciplinary action and, if so, | ||
whether the disciplinary action should include suspension or | ||
revocation of the therapeutic optometrist's certificate issued | ||
under Section 351.3581(a). | ||
(e) A person is not eligible to review a complaint under | ||
Subsection (b) or serve on an expert panel under Subsection (c) if: | ||
(1) the person or the person's spouse is an officer, | ||
employee, or paid consultant of a Texas trade association, as | ||
defined by Section 351.053, in the field of health care; or | ||
(2) the person is a member of the faculty or board of | ||
trustees of an optometry school or an institution of higher | ||
education with an affiliated school of optometry. | ||
(f) The board shall maintain and make publicly available | ||
online: | ||
(1) information regarding the number of complaints | ||
filed with the board regarding the treatment of patients for | ||
glaucoma by therapeutic optometrists and the disposition of those | ||
complaints; and | ||
(2) a searchable list of each therapeutic optometrist | ||
whose certificate under Section 351.3581(a) was suspended or | ||
revoked by the board. | ||
(g) This section expires September 1, 2027. | ||
SECTION 2. Section 351.358(c), Occupations Code, is amended | ||
to read as follows: | ||
(c) A therapeutic optometrist may prescribe not more than | ||
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classified as a controlled substance under Schedule [ |
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812[ |
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SECTION 3. The heading to Section 351.3581, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 351.3581. [ |
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SECTION 4. Sections 351.3581(a) and (d), Occupations Code, | ||
are amended to read as follows: | ||
(a) A therapeutic optometrist may not administer or | ||
prescribe an oral or parenteral medication or treat glaucoma unless | ||
the therapeutic optometrist holds a certificate issued by the | ||
board. A therapeutic optometrist certified under this section | ||
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To obtain a certificate, a therapeutic optometrist must [ |
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(1) complete an instructional clinical review course; | ||
and | ||
(2) pass an examination approved by the board. | ||
(d) A therapeutic optometrist shall refer a patient to an | ||
ophthalmologist if: | ||
(1) the patient is younger than 16 years of age and has | ||
been diagnosed as having glaucoma; | ||
(2) the patient has been diagnosed as having acute | ||
closed angle glaucoma; | ||
(3) the patient has been diagnosed as having malignant | ||
glaucoma or neovascular glaucoma; | ||
(4) the patient has definite optic disc, retinal nerve | ||
fiber layer, or macular imaging abnormalities consistent with | ||
glaucoma and visual field abnormalities in both hemifields, or loss | ||
within five degrees of fixation in at least one hemifield as tested | ||
with standard automated perimetry [ |
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(5) the therapeutic optometrist determines that a | ||
patient's glaucoma is not responding [ |
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nonsurgical intervention [ |
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SECTION 5. Not later than December 1, 2021, the Texas | ||
Optometry Board shall adopt rules necessary to implement the | ||
changes in law made by this Act to Chapter 351, Occupations Code. | ||
SECTION 6. Sections 351.3581(b) and (c), Occupations Code, | ||
are repealed. | ||
SECTION 7. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 993 passed the Senate on | ||
May 13, 2021, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 993 passed the House on | ||
May 24, 2021, by the following vote: Yeas 144, Nays 2, one present | ||
not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |