22 Tex. Admin. Code § 279.4 - Spectacle and Ophthalmic Devices Prescriptions
(a) A prescription for spectacles or
ophthalmic devices is defined as a written order signed by the examining
optometrist, therapeutic optometrist or physician, or a written order signed by
an optometrist, therapeutic optometrist or physician authorized by the
examining doctor to issue the prescription. If the prescription is signed by
the examining optometrist or therapeutic optometrist, the prescription may be
signed electronically, provided that:
(1) the
prescription is electronically signed by the practitioner using a system which
electronically replicates the practitioner's manual signature on the written
prescription; and
(2) the security
features of the system require the practitioner to authorize each
use.
(b) An optometrist
or therapeutic optometrist may issue a duplicate prescription in the following
manner:
(1) giving or delivering an original
signed copy of the prescription to the patient or to another person when
requested by the patient;
(2)
faxing an original signed prescription to a person authorized to fill the
prescription;
(3) transmitting a
complete prescription as defined in this section, to a person authorized to
fill the prescription, by email or other computerized electronic means. When
transmitting a prescription by computerized electronic means, including e-mail,
the optometrist or therapeutic optometrist shall attach a digital signature in
a commonly recognized format. The computerized electronic transmission shall
also include the office address and license number of the optometrist or
therapeutic optometrist; or
(4) if
the optometrist or therapeutic optometrist determines that the patient needs an
emergency refill of the spectacle prescription, the prescription may be
telephoned to a person authorized to fill the prescription.
(c) If the prescription is signed by a doctor
other than the examining optometrist, therapeutic optometrist or physician, the
prescription must contain:
(1) the name of
the examining doctor; and
(2) the
license number of both the examining doctor and the doctor signing the
prescription.
(d) The
prescribing optometrist or therapeutic optometrist has the authority to specify
any and all parameters of an optical prescription for the therapeutic and
visual health and welfare of a patient, but the prescription shall not contain
restrictions limiting the parameters to private labels not available to the
optical industry as a whole, unless the prescribing of a proprietary lens brand
is medically indicated. The specifications of the prescription may not be
altered without the consent of the prescribing doctor.
Notes
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