§ 353.157 — LIMITATIONS ON OR REFUSAL TO GIVE PRESCRIPTION.

Texas § 353.157

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 353.157. LIMITATIONS ON OR REFUSAL TO GIVE PRESCRIPTION. (a) A physician, optometrist, or therapeutic optometrist may exclude categories of contact lenses from a contact lens prescription if the exclusion is clinically indicated.
(b) Notwithstanding Section 353.156 , a physician, optometrist, or therapeutic optometrist may refuse to give a contact lens prescription to a patient if:
(1) the patient's ocular health presents a contraindication for contact lenses;
(2) refusal is warranted due to potential harm to the patient's ocular health;
(3) the patient has a medical condition indicating that:
(A) the patient's ocular health would be damaged if the prescription were released to the patient; or
(B) further monitoring of the patient is needed;
(4) the patient has not paid for the examination and fitting or has not paid other financial obligations to the physician, optometrist, or therapeutic optometrist if the patient would have been required to make an immediate or similar payment if the examination revealed that ophthalmic goods were not required; or
(5) the request is made after the first anniversary of the date of the patient's last eye examination.
(c) If a physician, optometrist, or therapeutic optometrist refuses to give a patient the patient's contact lens prescription for a reason permitted under Subsection (b), the physician, optometrist, or therapeutic optometrist must:
(1) give the patient a verbal explanation of the reason for the action at the time of the action; and
(2) maintain in the patient's records a written explanation of the reason.
(d) Subsection (b) does not prohibit a physician, optometrist, or therapeutic optometrist from giving a patient the patient's contact lens prescription.

Legislative History

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.