Texas Occupations Code 353.151 – Directions for Independent Dispenser; Delegation
(a) If a physician’s directions, instructions, or orders are to be performed or a physician’s prescription is to be filled by a person who is independent of the physician’s office, the directions, instructions, orders, or prescription must be:
(1) in writing or verified under Section 353.1015;
(2) of a scope and content and communicated to the person in a form and manner that, in the professional judgment of the physician, best serves the health, safety, and welfare of the physician’s patient; and
(3) in a form and detail consistent with the person’s skill and knowledge.
(b) A person who dispenses contact lenses may measure the eye or cornea and may evaluate the physical fit of lenses for a particular patient of a physician if the physician has delegated in writing those responsibilities regarding that patient to the person in accordance with Subsection (a) and Section 351.005.
Terms Used In Texas Occupations Code 353.151
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If a physician notes on a spectacle prescription “fit for contacts” or similar language and has, as required by Subsections (a) and (b), specifically delegated to a specific person the authority to make the additional measurements and evaluations necessary for a fully written contact lens prescription, the person may dispense contact lenses to the patient even though the prescription is less than a fully written contact lens prescription.