1. (a) Patient's optometric records are defined as the patient chart, historical record, or working document during the course of examination and patient care between the doctor and patient. The patient's records may contain information regarding spectacle prescription findings and contact lens prescription findings but do not include a prescription for spectacles or contact lenses.

2. (b) A prescription for spectacles, contact lenses, or ophthalmic devices is defined as a written order signed by the examining optometrist, therapeutic optometrist or physician, or a written order signed by an optometrist, therapeutic optometrist or physician authorized by the examining doctor to issue the prescription. If the prescription is signed by a doctor other than the examining optometrist, therapeutic optometrist or physician, the prescription must contain:

   1. (1) the name of the examining doctor, and
   2. (2) the license number of both the examining doctor and the doctor signing the prescription.
3. (c) A facsimile (FAX) prescription is not considered a valid prescription. Under the Contact Lens Prescription Act, if the optometrist or therapeutic optometrist determines that the patient needs an emergency refill of the contact lens prescription, the prescription may be telephoned or faxed to a person authorized to fill the prescription.
4. (d) A prescription for medications may be verbal or written.
5. (e) The dispensing of medications, spectacles, contact lenses, or ophthalmic devices without a valid prescription constitutes the unlawful practice of optometry, subject to penalties under the Texas Optometry Act, §§351.251, 351.406, 351.602, 351.603, 351.606 and 351.607.

Source Note:The provisions of this §279.14 adopted to be effective January 7, 1994, 18 TexReg 9934; amended to be effective February 15, 1996, 21 TexReg 878; amended to be effective August 2, 1998, 23 TexReg 7564; amended to be effective May 7, 2000, 25 TexReg 3955.