| (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.
|
| Source Note: The provisions of this §279.4 adopted to be effective September 9, 2001, 26 TexReg 6679; amended to be effective December 23, 2001, 26 TexReg 10297; amended to be effective March 4, 2013, 38 TexReg 1362; amended to be effective February 12, 2023, 48 TexReg 681 |
