Optometry Board Heading
Licensing Doctors of Optometry and Regulating the Practice of Optometry


  Prescription Requirements
Contact Lenses       Spectacles
Prescription Drugs       Oral Prescription Drugs
Therapeutic Optometrist Authority       Optometric Glaucoma Spec Authority
DEA Number       Medicaid: Tamper Resistant Requirement
Computerized Signatures        


  Contact Lens Prescriptions
Board Rules:  Board Rule 279.2 defines the requirements for a contact lens prescription, release and verification.
  
Federal Law: The Fairness to Contact Lens Consumers Act, effective February 2004, applies to licensees of the Texas Optometry Board. See link to Board Rule 279.2 above. The Federal Trade Commission has issued rules governing the release of contact lens prescriptions. FTC Rules (warning: this is a 118 page document).
  
State Law: The Contact Lens Prescription Act sets out the requirements for a contact lens prescription and release. Board Rule 279.2 incorporates these requirements (see above).
  
Questions: The 2004 and 2007 Newsletter answer the most frequent questions regarding contact lens prescription release.



  Spectacle Prescriptions
Board Rules:  Board Rule 279.4 defines the requirements for a spectacle prescription.
  
State Law  
Federal Law: 
Section 351.365 of the Texas Optometry Act sets out the requirements for the release of a prescription for spectacles. The Federal Trade Commission has also issued rules governing the release of spectacle prescriptions. Section 351.365 of the Texas Optometry Act incorporates part of the FTC Rules (16 CFR Part 456). See also discussion of FTC Rule in August 2002 Newsletter.



  Topical Prescription Drugs (Therapeutic Optometrist)
Board Rules:   Board Rule 280.5 sets out the requirements for the prescribing of topical prescription drugs, including categories of drugs that may be prescribed. The rule also sets out the procedure to prohibit substitution of generic drugs (subsection (b)), as well as the other requirements for writing a prescription (subsection (c)).



  Oral Prescription Drugs and Anti-glaucomas (Optometric Glaucoma Specialist)
Board Rules:  Board Rule 280.10 sets out the requirements for prescribing topical anti-glaucoma drugs, and oral prescription drugs, including categories of drugs that may be prescribed and limits on dosage. See Rule 280.5 (above) for other requirements of a drug prescription.
  
 Prescriptions for Schedule III Controlled Substances must contain the following information (see also Board Rule 280.10):
 +Quantity of the substance prescribed (written as both a number and as a word)
 +Date of issue (can not be postdated)
Controlled  
Substances: 
+Name, address, and date of birth or age of the patient (if the patient is an animal, the species and the name and address of the owner)
+Name and strength of the controlled substance prescribed
+Directions for use of the controlled substance
 +Intended use of the substance prescribed unless the practitioner determines the furnishing of this information is not in the best interest of the patient
 +Printed or stamped name, address, Federal Drug Enforcement Administration (DEA) registration number, and telephone number of the practitioner’s usual place of business
 +The signature of the prescribing practitioner, unless the prescription is called in to the pharmacy
 +The practitioner’s current and valid DPS registration number for practitioners licensed in Texas. The DPS registration number must belong to the practitioner issuing the prescription; the prescribing practitioner may be a properly registered physician’s assistant or an advanced practice nurse on Schedules III-V prescriptions



  MEDICAID: Tamper Resistant Requirements
Requirements:  Current Federal Requirements as published by the Centers for Medicare & Medicaid Services: "Starting on October 1, 2008, in order for Medicaid outpatient drugs to be reimbursable by the federal government, all written, non-electronic prescriptions must contain at least three tamper-resistant features, one from each of the three baseline characteristics outlined in guidance issued by the Centers for Medicare & Medicaid Services." The Texas Health and Human Services Commission has issued a guidance document with detailed information on the requirement. The requirement does not apply to telephone, e-mail or faxed prescriptions.
  
Questions: Federal: Centers for Medicare and Medicaid Services and Texas Pharmacy Board.



  DEA Controlled Substance Registration
Step 1:  A DEA Controlled Substance Registration is only required if the licensee prescribes or administers controlled substances. See Board Rules 280.5 and 280.10. To obtain a DEA number, apply first to the Texas Department of Public Safety and obtain the DPS permit. For information regarding application and fees, please go to the DPS Website.
  
Step 2: Once the DPS registration is completed, apply to the DEA: National: 800-882-9539; Dallas: 888-336-4704; Houston: 800-743-0595, or use the Internet address. Call the Board if you are unsure of the schedules you are authorized to prescribe. If you are currently licensed as an optometric glaucoma specialist, you may use this link to determine the schedules you are authorized to prescribe.
  
Requirements: There are fees and record keeping requirements involved. DEA Numbers and DPS Numbers should be protected from misuse.



  Computerized Signatures
Requirements:  Computer generated signatures are permissible, but only if the guidelines in Rules 279.2, 279.4 and 280.5 are followed. The rules do not authorize the use of rubber stamped signatures. See page 7 of the August 2013 Newsletter.



Notice
The Board and the State of Texas make no warranty as to the accuracy, completeness, reliability or fitness for a particular use of the information on this web site. The user assumes all liability and waives any and all claims or causes of action against the Board and the State of Texas for all uses of, and any reliance on, this information. This paragraph shall accompany all distributions of this information and is incorporated into this information for all purposes.

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Last Updated: 05/14/2014
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