Tex. Occ. Code Section 351.358
Ophthalmic Devices, Oral Medications, and Pharmaceutical Agents

(a)

An optometrist may not treat the eye for a defect or administer or prescribe a drug or physical treatment unless the optometrist is a therapeutic optometrist or licensed physician.

(b)

A therapeutic optometrist may:

(1)

administer, perform, or prescribe ophthalmic devices, procedures, and appropriate medications administered by topical or oral means, in accordance with this section and Section 351.3581 (Treatment of Glaucoma), to diagnose or treat visual defects, abnormal conditions, or diseases of the human vision system, including the eye and adnexa; or

(2)

administer medication by parenteral means for a purpose and in a manner prescribed by Subsection (e).

(c)

A therapeutic optometrist may prescribe not more than one three-day supply of any medication classified as a controlled substance under Schedule III, IV, or V of 21 U.S.C. Section 812.

(d)

A therapeutic optometrist may independently administer oral carbonic anhydrase inhibitors for emergency purposes only and shall immediately refer the patient to an ophthalmologist.

(e)

A therapeutic optometrist may inject appropriate medication for a patient who has an anaphylactic reaction to counteract the anaphylaxis. The therapeutic optometrist shall immediately refer the patient to a physician.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.152(b), eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 523 (S.B. 993), Sec. 2, eff. September 1, 2021.

Source: Section 351.358 — Ophthalmic Devices, Oral Medications, and Pharmaceutical Agents, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­351.­htm#351.­358 (accessed Jun. 5, 2024).

351.001
Short Title 351.002
Definitions 351.003
Reference in Other Law 351.004
Sunset Provision 351.005
Application of Chapter 351.051
Texas Optometry Board 351.052
Membership Eligibility 351.053
Membership and Employee Restrictions 351.054
Terms 351.055
Officers 351.056
Grounds for Removal 351.057
Per Diem 351.058
Meetings 351.059
Training 351.101
Executive Director 351.103
Staff Attorney 351.104
Other Personnel 351.105
Division of Responsibilities 351.106
Qualifications and Standards of Conduct Information 351.107
Career Ladder Program 351.108
Equal Opportunity Policy 351.151
Rules 351.152
Fees 351.154
Application of Fees 351.155
Rules Restricting Advertising or Competitive Bidding 351.156
Board Duties Regarding Complaints 351.157
Enforcement 351.158
Legal Representation 351.159
Committee Appointments and Recommendations 351.160
Pharmaceutical Agents 351.161
Seal 351.162
Office 351.163
Board Records 351.166
Information Provided to License Holders 351.167
Poison Control Center Information 351.168
Technological Solutions Policy Required 351.169
Alternative Rulemaking and Dispute Resolution 351.201
Public Interest Information 351.202
Public Participation 351.203
Complaints 351.204
Records of Complaints 351.205
General Rules Regarding Complaint Investigation and Disposition 351.251
License Required 351.252
Education Requirements for Therapeutic Optometrist 351.253
Examination Requirement for Therapeutic Optometrist 351.254
Examination Application 351.255
Conduct of Examination 351.256
Examination Subjects 351.257
Examination Results 351.258
Issuance of License to Therapeutic Optometrist 351.259
Provisional License 351.260
Limited License for Clinical Faculty 351.261
Display of License or Certificate 351.262
Information Presented to Patient 351.263
Lost or Destroyed License 351.264
Inactive Status 351.265
Retired Status 351.266
Military Limited Volunteer License 351.301
Renewal Certificate 351.302
License Renewal 351.303
Notice of License Expiration 351.304
Procedure for Renewal 351.305
Issuance of Certificate 351.306
Renewal of Expired License by Out-of-state Practitioner 351.307
Governmental Service, Training, or Education 351.308
Continuing Education 351.309
Continuing Education Exemptions 351.351
License Holder Information 351.352
Optometric Files and Records 351.353
Initial Examination of Patient 351.354
Certain Optometric Services Authorized 351.355
Determining or Measuring Vision 351.356
Fitting Lenses or Prisms 351.357
Fitting and Dispensing Contact Lenses 351.358
Ophthalmic Devices, Oral Medications, and Pharmaceutical Agents 351.359
Prescription 351.360
Professional Standard of Therapeutic Optometrist 351.361
Lease 351.362
Professional Responsibility 351.363
Mercantile Establishment 351.364
Relationships with Dispensing Opticians 351.365
Patient Rights Regarding Spectacle Prescription 351.366
Authority to Form Certain Jointly Owned Entities 351.367
Contract or Employment with Community Health Centers 351.401
Prohibited Offer, Representation, or Designation 351.402
Impersonation Prohibited 351.403
False, Deceptive, or Misleading Advertising 351.404
Eyeglasses as Prize or Inducement 351.405
Alteration of Prescription 351.406
Expired Contact Lens Prescription 351.407
Governmental Discrimination Prohibited 351.408
Control of Optometry 351.409
Prohibited Activity by Unlicensed Person 351.451
Prohibited Treatment by License Holder 351.452
Prohibited Use of Pharmaceutical Agent 351.453
Examination Required for Prescription 351.454
Contagious or Infectious Disease 351.455
Practice Prohibited from House to House 351.456
Practice Prohibited During License Suspension or Revocation 351.457
Professional Responsibility 351.458
Professional Responsibility 351.459
Mercantile Establishment 351.460
Relationships with Dispensing Opticians 351.501
Denial of License and Disciplinary Action by Board 351.502
Wilful or Repeated Noncompliance 351.503
Disciplinary Proceedings 351.504
Judicial Review 351.505
Reissuance of License After Revocation 351.506
Probation 351.507
Informal Proceedings 351.508
Recusal Required 351.509
Remedial Plan 351.551
Imposition of Penalty 351.552
Amount of Penalty 351.553
Report and Notice of Violation and Penalty 351.554
Penalty to Be Paid or Hearing Requested 351.555
Hearing on Recommendations 351.556
Decision by Board 351.557
Options Following Decision: Pay or Appeal 351.558
Collection of Penalty 351.559
Determination by Court 351.560
Remittance of Penalty and Interest 351.561
Administrative Procedure 351.0585
Certain Reports Required at Regular Meetings 351.601
Monitoring License Holder 351.602
Injunction 351.603
Enforcement by Attorney General or Board 351.604
Deceptive Trade Practices 351.605
Lessee Entitled to Remedies 351.606
General Criminal Penalty 351.607
Dispensing Contact Lenses 351.608
Cease and Desist Order 351.1575
Inspection of Premises and Review of Records Authorized 351.2034
Complaints Resulting from Glaucoma Treatment 351.2035
Complaints Resulting from Inspections 351.2036
Procedure for Processing Complaints 351.2045
Confidentiality of Complaints, Adverse Reports, Investigation Files, and Other Information 351.2046
Requirements for Certain Complaints 351.2525
Criminal History Record Information for License Issuance 351.2526
Review of National Practitioner Database 351.2595
License Without Examination 351.3045
Criminal History Record Information Requirement for License Renewal 351.3065
Renewal of Expired License by Retired Optometrist or Therapeutic Optometrist 351.3581
Treatment of Glaucoma 351.4521
Performance of Surgery Prohibited 351.5014
Submission to Mental or Physical Examination 351.5015
Temporary Suspension or Restriction of License
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 351.358’s source at texas​.gov