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RULE §279.5Dispensing Ophthalmic Materials

(a) The dispensing of medications, spectacles, contact lenses, or ophthalmic devices without a valid prescription constitutes the unlawful practice of optometry, subject to penalties under the Texas Optometry Act, §§351.251, 351.406, 351.602, 351.603, 351.606 and 351.607.

(b) The Texas Optometry Act, §351.453, relates to prescribing without examination. Nothing in this section prohibits a licensed optometrist or therapeutic optometrist from:

  (1) duplicating a patient's spectacle lenses;

  (2) filling or having filled a prescription that has been signed by an authorized practitioner;

  (3) dispensing or having dispensed lenses from a patient's optometric record located within the same optometric office; or

  (4) replacing or repairing frames or parts thereof.

(c) Under the Texas Optometry Act, §§351.005, 351.356 and 351.357, the practice of optometry and therapeutic optometry includes prescribing lenses or prisms, and an ophthalmic dispenser is charged to fill such prescription in accordance with the specific directions of a prescription of a licensed physician, optometrist, or therapeutic optometrist.

Source Note: The provisions of this §279.5 adopted to be effective September 9, 2001, 26 TexReg 6679

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