1. (a) A prescription for spectacles 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.

2. (b) An optometrist or therapeutic optometrist may issue a duplicate prescription in the following manner:

   1. (1) giving or delivering an original signed copy of the prescription to the patient or to another person when requested by the patient,
   2. (2) faxing an original signed prescription to a person authorized to fill the prescription. When faxing a prescription, the optometrist or therapeutic optometrist shall write "by fax" or similar wording on the original prescription prior to faxing;
   3. (3) transmitting a complete prescription as defined in this section, to a person authorized to fill the prescription, by email or other computerized electronic means. When transmitting a prescription by computerized electronic means, including e-mail, the optometrist or therapeutic optometrist shall attach a digital signature in a commonly recognized format. The computerized electronic transmission shall also include the office address and license number of the optometrist or therapeutic optometrist; or
   4. (4) if the optometrist or therapeutic optometrist determines that the patient needs an emergency refill of the spectacle prescription, the prescription may be telephoned to a person authorized to fill the prescription.

3. (c) 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.
4. (d) The prescribing optometrist or therapeutic optometrist has the authority to specify any and all parameters of an optical prescription for the therapeutic and visual health and welfare of a patient, but the prescription shall not contain restrictions limiting the parameters to private labels not available to the optical industry as a whole, unless the prescribing of a proprietary lens brand is medically indicated. The specifications of the prescription may not be altered without the consent of the prescribing doctor.

Source Note:The provisions of this §279.4 adopted to be effective September 9, 2001, 26 TexReg 6679; amended to be effective December 23, 2001, 26 TexReg 10297.