Part XIV. Texas Optometry Board

Chapter 273. General Rules

22 TAC §273.9

The Texas Optometry Board proposes the adoption of an amendment to §273.9, to inform licensees of the requirement of providing public interest information to patients by displaying at every location where optometric services are provided information regarding the board's name, address and telephone number for the purposes of filing complaints.

Lois Ewald, executive director of the Texas Optometry Board, has determined that for the first five-year period the amended rule is in effect, there will be no fiscal implications for state and local governments as a result of enforcing or administering the rule.

Ms. Ewald also has determined that for each of the first five years the amended rule is in effect, the public benefit anticipated as a result of enforcing the amended rule is that the general public will have information on procedures by which complaints are filed with and resolved by the board. It has also been determined that there will be no cost to licensees over the first five years as a result of enforcing or administering the rule. The rule does not impose any additional duties on licensees, but only acknowledges that some optometric services may be performed outside a normal office setting, and that these settings have the same requirements for the protection of the public as the office setting. Since no additional duties are being imposed, there will be no economic effects for small businesses.

Comments on the proposal may be submitted to Lois Ewald, Executive Director, Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701-3942. The deadline for furnishing comments is June 1, 1999.

The amendment is proposed under the Texas Optometry Act, Texas Civil Statutes, Article 4552, §2.14 and §2.17.

The Texas Optometry Board interprets §2.14 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession. The Board interprets §2.17 to require public interest information be provided to the general public.

Texas Civil Statutes, Article 4552, is affected by this proposal.

§273.9. Public Interest Information.

(a)

In order for the public to be informed regarding the functions of the board and the board's procedures by which complaints are filed with and resolved by the board, each licensee is required to display [ in each ] at every location where optometric services are provided [ office ] information regarding the board's name, address, and telephone number.

(b)-(d)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 22, 1999.

TRD-9902384

Lois Ewald

Executive Director

Texas Optometry Board

Proposed date of adoption: July 9, 1999

For further information, please call: (512) 305-8502

22 TAC §279.13

The Texas Optometry Board proposes an amendment to §279.13, to inform licensees of the requirement of follow-up care to patients when examinations are performed in a nursing home or other abode to confined patients, an industrial site, and a school when requested by the school administration. To provide the initial care and follow-up care, the optometrist or therapeutic optometrist must have an office location or place of practice within 100 miles of such examination site. As an alternative written arrangements with a qualified eye health professional who has an office location within 100 miles of the examination site must be executed.

Lois Ewald, executive director of the Texas Optometry Board, has determined that for the first five-year period the amended rule is in effect, there will be no fiscal implications for state and local governments as a result of enforcing or administering the rule.

Ms. Ewald also has determined that for each of the first five years the amended rule is in effect, the public benefit anticipated as a result of enforcing the amended rule is that the general public will be able to obtain eye examinations away from the doctor's office, with the responsibility for follow-up care being established. It has also been determined that there will be no additional costs to licensees over the first five years as a result of enforcing or administering the rule. The rule does not impose any additional duties on licensees, but simply clarifies that all optometric services provided under Article 4552 § 5.04 must comply with the same requirements regarding office locations. Since no additional duties are being imposed, there will be no economic effects for small businesses.

Comments on the proposal may be submitted to Lois Ewald, Executive Director, Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701-3942. The deadline for furnishing comments is June 1, 1999.

The amendment is proposed under the Texas Optometry Act, Texas Civil Statutes, Article 4552, § 2.14 and §5.04.

The Texas Optometry Board interprets § 2.14 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession. The Board interprets § 5.04 as authorizing the practice of optometry away from the principal office of the examining doctor in certain instances.

Texas Civil Statutes, Article 4552, is affected by this proposal.

§279.13. Board Interpretation Number Thirteen.

The Texas Optometry Act was enacted in part to safeguard the visual welfare of the public and the optometrist-patient relationship and to fix professional responsibility with respect to the patient. In order to comply with these objectives and to assure patients will have adequate follow-up care, licensed optometrists or therapeutic optometrists who[ , when requested to do so, ] practice optometry or therapeutic optometry at [ an industrial site ], including the examination and prescribing or supplying of lenses to patients, at:

(1)

a nursing home or other abode to patients confined therein,

(2)

an industrial site, when requested to do so, or

(3)

a school site when requested to do so by the school administration, must have an office location or place of practice within 100 miles of such examination site, or, in the alternative must have made arrangements, confirmed in writing prior to offering or providing services, for continued care with a qualified eye health professional with an office location or place of practice within 100 miles of such examination site. Failure to comply with this rule shall be deemed as practicing from house-to-house and the improper solicitation of patients in violation of the Act, 5.04(5). In addition, the optometrist must comply with the requirements of 5.02 to maintain current information regarding practice locations with the board office.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 22, 1999.

TRD-9902383

Lois Ewald

Executive Director

Texas Optometry Board

Proposed date of adoption: July 9, 1999

For further information, please call: (512) 305-8502