Texas Attorney General Opinion: MW-499 Page: 1 of 10
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The Attorney General of Texas
MARK WHITE
Attorney General
Supreme Court Building
P. O. Box 12548
Austin, TX. 78711- 2548
5121475-2501
Telex 9101874-1367
Telecopier 512/475-0266
1t07 Main St., Suite 1400
Dallas, TX. 75201-4709
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El Paso, TX. 79905-2793
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Houston, TX. 77002-6986
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Lubbock, TX. 79401-3479
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San Antonio, TX. 78205-2797
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An Equal Opportunity/
Affirmative Action EmployerJuly 30, 1982
Honorable Bill Clayton
Speaker of the House of
Representatives
Capitol Building
Austin, Texas 78711Opinion No. M3W-499
Re Use of
pharmaceutical
optometrists,
matterstopical ocular
agents by
and relatedDear Speaker Clayton:
You have posed several questions concerning the authority of the
Texas State Board of Medical Examiners to promulgate and- enforce
administrative rules implementing section 3.06(d)(5) of the new
Medical Practice Act, article 4495b, V.T.C.S. That subsection deals
with the administration by optometrists of topical ocular
pharmaceutical agents, which are medicinal drugs applied to surface
areas of the eye that produce effects which aid in the examination or
treatment of eye diseases or conditions. Your letter to us states:
On Sunday, February 21, 1982, the Medical Board
met and tentatively adopted rules to implement
Section 3.06 (d) (5).... These proposed rules
appear to violate both the letter and the intent
of the law, and appear to exceed the Medical
Board's rulemaking authority....
Section 3.06(d)(5) reads in part:
(d) This Act shall be so construed that:(5) (A) A duly licensed and qualified
optometrist may administer topical ocular
pharmaceutical agents in the practice of optometry
as provided by this subdivision. These
pharmaceutical agents may not be used for
therapeutic purposes.
(B) To be entitled to use topical ocular
pharmaceutical agents in the practice of
optometry, an optometrist must possess a valid
standing delegation order that:p. 1788
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-499, text, July 30, 1982; (https://texashistory.unt.edu/ark:/67531/metapth272345/m1/1/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.