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The Texas Optometry Act states that the optometrist owns the patient record, but the patient is entitled to a copy of the record when a signed written request is made to the optometrist. A “patient record” has been defined by Board rule as the patient chart, historical record, or working document during the course of examination and patient care between the doctor and patient (but should not be considered a prescription).
“Prescription” for spectacles, contact lenses, or ophthalmic devices is defined as a written order signed by the examining optometrist, therapeutic optometrist or physician.
Optometrists cannot prescribe without performing an eye examination.
Determining when an eye examination and health check of the eye are required is a professional determination by the doctor based upon the appropriate “standard of care.” No. If changes are desired or if the optician has a question regarding the prescription, the optometrist must be contacted.
For an optician to change any prescription without authorization constitutes the practice of optometry without a license.
The purpose of this chapter is to implement the provisions of the: (1) Health and Safety Code, Chapter 242, Subchapter N, concerning the administration of medications to facility residents; (2) Health and Safety Code, Chapter 142, Subchapter B, concerning the administration of medication by a home and community support services agency; and (3) Human Resource Code, §161.083, concerning the administration of medication to an inmate in a correctional facility.
(15) Registered pharmacist – An individual currently licensed by the Texas Board of Pharmacy to practice pharmacy. (17) Training program – A program approved by DADS to instruct individuals to act as medication aides. A person may not administer medication to a resident in a facility or a correctional facility unless the person: (1) holds a current license under state law which authorizes the licensee to administer medication; or (2) if administering medication in a facility, holds a current permit issued under Health and Safety Code, Chapter 242, Subchapter N, or if administering medication in a correctional facility, holds a current permit issued under Human Resources Code, §161.083 or Health and Safety Code, Chapter 242, Subchapter N and acts under the authority of a person who holds a current license under state law which authorizes the licensee to administer medication. A permit holder must function under the direct supervision of a licensed nurse on duty or on call by the facility or correctional facility using the permit holder.
An optometrist may refuse to release a prescription for one or more of the following reasons, but must tell the patient and document the reason in the patient’s file: The Texas Optometry Act and a FTC Rule require the optometrist to give the patient the prescription following an eye examination.
The Texas Optometry Act does not require an optometrist to give a patient the prescription if the examination fee has not been paid.
(4) DADS – Department of Aging and Disability Services.
(5) Examination – A written competency evaluation for medication aides administered by DADS.
(8) Licensed vocational nurse – A person licensed by the BON , or who holds a license from another state recognized by the BON, to practice vocational nursing in Texas.