CHAPTER 351. OPTOMETRISTS AND THERAPEUTIC OPTOMETRISTS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE F. PROFESSIONS RELATED TO EYES AND VISION
CHAPTER 351. OPTOMETRISTS AND THERAPEUTIC OPTOMETRISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 351.001. SHORT TITLE. This chapter may be cited as the
Texas Optometry Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.002. DEFINITIONS. In this chapter:
(1) "Adnexa" means the lids and drainage system of the eye.
(2) "Board" means the Texas Optometry Board.
(3) "Dispensing optician" or "ophthalmic dispenser" means a
person who:
(A) is not an optometrist, therapeutic optometrist, or licensed
physician; and
(B) sells or delivers to the consumer ophthalmic devices,
including fabricated and finished spectacle lenses, frames, and
contact lenses, prescribed by an optometrist, therapeutic
optometrist, or licensed physician.
(4) "Optometrist" means a person licensed under this chapter and
authorized to practice optometry.
(5) "Person" means an individual, association of individuals,
trustee, receiver, partnership, corporation, or organization or
the manager, agent, servant, or employee of any of those
entities.
(6) "Practice of optometry" means using objective or subjective
means, with or without the use of topical ocular pharmaceutical
agents, to:
(A) determine or measure the powers of vision of the human eye
as provided by Section 351.355;
(B) examine or diagnose visual defects, abnormal conditions, or
diseases of the human eye or adnexa; or
(C) prescribe or fit lenses or prisms to correct or remedy a
defect or abnormal condition of vision as provided by Section
351.356.
(7) "Practice of therapeutic optometry" means using objective or
subjective means, not including surgery or laser surgery, to:
(A) determine or measure the powers of vision of the human eye
as provided by Section 351.355;
(B) examine or diagnose visual defects, abnormal conditions, or
diseases of the human eye or adnexa;
(C) prescribe or fit lenses or prisms to correct or remedy a
defect or abnormal condition of vision as provided by Section
351.356;
(D) administer or prescribe a drug or physical treatment in the
manner authorized by this chapter; or
(E) treat the visual system, including the eye or adnexa as
authorized by this chapter.
(8) "Surgery" means a procedure using instruments, including
lasers, scalpels, or needles, in which human tissue is cut,
burned, vaporized, or otherwise altered by any mechanical means,
laser, or ionizing radiation. The term includes procedures using
instruments that require closing by suturing, clamping, or
another device. The term does not include a noninvasive procedure
to remove a superficial foreign body in the conjunctiva, eyelid,
or corneal epithelium that has not perforated the Bowman's
membrane.
(9) "Therapeutic optometrist" means a person licensed under this
chapter and authorized to practice therapeutic optometry.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.151(a), eff.
Sept. 1, 2001.
Sec. 351.003. REFERENCE IN OTHER LAW. A reference in another
law of this state or in a law of a subdivision of this state to
"optometrist" means an optometrist or therapeutic optometrist,
unless the context clearly indicates otherwise.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.004. SUNSET PROVISION. The Texas Optometry Board is
subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
board is abolished and this chapter expires September 1, 2017.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
101, Sec. 1.001, eff. September 1, 2005.
Sec. 351.005. APPLICATION OF CHAPTER; EXEMPTIONS. (a) This
chapter does not:
(1) apply to an officer or agent of the United States or this
state in performing official duties;
(2) prevent or interfere with the right of a physician licensed
by the Texas State Board of Medical Examiners to:
(A) treat or prescribe for a patient; or
(B) direct or instruct a person under the physician's control,
supervision, or direction to aid or attend to the needs of a
patient according to the physician's specific direction,
instruction, or prescription;
(3) prevent a person from selling ready-to-wear eyeglasses as
merchandise at retail;
(4) prevent an unlicensed person from making simple repairs to
eyeglasses;
(5) prevent or interfere with the right of a dispensing optician
registered under Chapter 352 to engage in spectacle or contact
lens dispensing under that chapter;
(6) prevent an ophthalmic dispenser who does not practice
optometry or therapeutic optometry from measuring interpupillary
distances or making facial measurements to dispense or adapt an
ophthalmic prescription, lens, product, or accessory in
accordance with the specific directions of a written prescription
signed by an optometrist, therapeutic optometrist, or licensed
physician;
(7) prevent the administrator or executor of the estate of a
deceased optometrist or therapeutic optometrist from employing an
optometrist or therapeutic optometrist to continue the practice
of the deceased during estate administration; or
(8) prevent an optometrist or therapeutic optometrist from
working for the administrator or executor of the estate of a
deceased optometrist or therapeutic optometrist to continue the
practice of the deceased during estate administration.
(b) A direction, instruction, or prescription described by
Subsection (a)(2)(B) must be in writing if it is to be followed,
performed, or filled outside the physician's office.
(c) Subsection (a)(5) does not prohibit the board from acting
under this chapter to restrict the unauthorized practice of
optometry.
(d) Continuation of the practice of a deceased optometrist or
therapeutic optometrist by an estate under Subsections (a)(7) and
(8) must:
(1) be authorized by the county judge; and
(2) terminate before the first anniversary of the date of death
of the optometrist or therapeutic optometrist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. TEXAS OPTOMETRY BOARD
Sec. 351.051. TEXAS OPTOMETRY BOARD; MEMBERSHIP. (a) The Texas
Optometry Board consists of nine members appointed by the
governor with the advice and consent of the senate as follows:
(1) six optometrists or therapeutic optometrists; and
(2) three members who represent the public.
(b) Appointments to the board shall be made without regard to
the race, color, disability, sex, age, religion, or national
origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1092, Sec. 2, eff. Sept. 1,
2001.
Sec. 351.052. MEMBERSHIP ELIGIBILITY. (a) An optometrist or
therapeutic optometrist member of the board must have been a
resident of this state engaged in the practice of optometry or
therapeutic optometry in this state for the five years preceding
the date of the member's appointment.
(b) A person is not eligible for appointment as a public member
of the board if the person or the person's spouse:
(1) is registered, certified, or licensed by an occupational
regulatory agency in the field of health care;
(2) is employed by or participates in the management of or is an
officer or paid consultant of a business entity or other
organization that provides health care services or that sells,
manufactures, or distributes health care supplies or equipment;
(3) owns, controls, or has, directly or indirectly, a financial
interest in a business entity or other organization that provides
health care services or that sells, manufactures, or distributes
health care supplies or equipment; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the board, other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1092, Sec. 3, eff. Sept. 1,
2001.
Sec. 351.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS; CONFLICTS OF
INTEREST. (a) A member or employee of the board may not:
(1) be a member of the faculty of a college of optometry or an
agent, paid consultant, officer, or employee of a wholesale
optical company;
(2) have a financial interest in a college of optometry or
wholesale optical company;
(3) be an officer, employee, or paid consultant of a trade
association in the field of health care; or
(4) be related within the second degree by affinity or
consanguinity, as determined under Chapter 573, Government Code,
to a person who is an officer, employee, or paid consultant of a
trade association in the field of health care.
(b) A person may not serve as a member of the board or act as
the general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of
a profession related to the operation of the board.
(c) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of health care; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health
care.
(d) In this section, "Texas trade association" means a
cooperative and voluntarily joined statewide association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
101, Sec. 1.002, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
101, Sec. 1.003, eff. September 1, 2005.
Sec. 351.054. TERMS. (a) Members of the board serve staggered
six-year terms. The terms of two optometrist or therapeutic
optometrist members and one public member expire on January 31 of
each odd-numbered year.
(b) A member may not serve more than two complete terms. Service
on the board before September 1, 1981, does not count toward that
limitation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1092, Sec. 4, eff. Sept. 1,
2001.
Sec. 351.055. OFFICERS. (a) The governor shall designate a
member of the board as the presiding officer of the board to
serve in that capacity at the pleasure of the governor.
(b) The board shall elect an assistant presiding officer and a
secretary-treasurer every two years.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1092, Sec. 5, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
101, Sec. 1.004, eff. September 1, 2005.
Sec. 351.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Sections 351.051 and 351.052;
(2) does not maintain during service on the board the
qualifications required by Sections 351.051 and 351.052;
(3) is ineligible for membership under Section 351.051 or
351.053;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) without an excuse approved by a majority vote of the board,
is absent from more than half of the regularly scheduled board
meetings that the member is eligible to attend during a calendar
year.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board
member exists.
(c) A board member who no longer has the qualifications required
by Sections 351.051, 351.052, and 351.053 shall immediately
inform the governor and the attorney general of that fact and
shall resign from the board.
(d) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer
of the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
101, Sec. 1.005, eff. September 1, 2005.
Sec. 351.057. PER DIEM; REIMBURSEMENT. (a) A board member is
entitled to a per diem as set by legislative appropriation for
each day that the member engages in the business of the board.
(b) A board member may be reimbursed for actual travel expenses,
including expenses for meals, lodging, and transportation. A
board member is entitled to reimbursement for transportation
expenses as provided by the General Appropriations Act.
(c) At the time a board member applies for reimbursement under
this section, the member shall make a sworn statement of the
number of days the member engaged in the business of the board
and the amount of the member's expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.058. MEETINGS. (a) At least twice a year the board
shall hold regular meetings.
(b) The board shall hold special meetings on the request of five
members of the board or on the call of the presiding officer.
(c) If a quorum is not present on the day set for a meeting, the
members present may adjourn from day to day until a quorum is
present, but that period may not exceed three successive days.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.0585. CERTAIN REPORTS REQUIRED AT REGULAR MEETINGS.
The board shall receive a report regarding complaints at each
board meeting.
Added by Acts 2005, 79th Leg., Ch.
101, Sec. 1.006, eff. September 1, 2005.
Sec. 351.059. TRAINING. (a) The board shall establish a
training program for the members of the board in consultation
with the governor, the attorney general, and the Texas Ethics
Commission.
(b) A person who is appointed to and qualifies for office as a
board member may not vote, deliberate, or be counted as a member
in attendance at a board meeting until the person completes a
training program that complies with this section.
(c) The training program must provide the person with
information regarding:
(1) the legislation that created the board and the legislation
that created the Contact Lens Prescription Act;
(2) the board's programs, functions, rules, and budget;
(3) the results of the most recent formal audit of the board;
(4) the requirements of laws relating to open meetings, public
information, administrative procedures, and
conflicts-of-interest; and
(5) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(d) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
travel expenses incurred in attending a training program under
this section, regardless of whether the attendance at the program
occurs before or after the person qualifies for office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
101, Sec. 1.007, eff. September 1, 2005.
SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER AGENCY PERSONNEL
Sec. 351.101. EXECUTIVE DIRECTOR. The board may employ an
executive director as the executive head of the agency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.103. STAFF ATTORNEY. The board is authorized to employ
a staff attorney.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.104. OTHER PERSONNEL. The board may employ personnel
necessary to administer this chapter, including stenographers,
secretaries, inspectors, and legal assistants.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.105. DIVISION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the executive director and the staff of the
board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
101, Sec. 1.008, eff. September 1, 2005.
Sec. 351.106. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The board shall provide, as often as necessary, to
its members and employees information regarding their:
(1) qualifications for office or employment under this chapter;
and
(2) responsibilities under applicable law relating to standards
of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.107. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
(a) The executive director or the executive director's designee
shall develop an intra-agency career ladder program. The program
must require intra-agency posting of all nonentry level positions
concurrently with any public posting.
(b) The executive director or the executive director's designee
shall develop a system of annual performance evaluations based on
measurable job tasks. All merit pay for board employees must be
based on the system established under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.108. EQUAL OPPORTUNITY POLICY; REPORT. (a) The
executive director or the executive director's designee shall
prepare and maintain a written policy statement to ensure
implementation of an equal opportunity program under which all
personnel transactions are made without regard to race, color,
disability, sex, religion, age, or national origin. The policy
statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel, that are in compliance with the
requirements of Chapter 21, Labor Code;
(2) a comprehensive analysis of the board workforce that meets
federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the board workforce of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address those areas of
significant underuse.
(b) A policy statement prepared under Subsection (a) must:
(1) cover an annual period;
(2) be updated annually;
(3) be reviewed by the Commission on Human Rights for compliance
with Subsection (a)(1); and
(4) be filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on information received under Subsection (b).
The report may be made separately or as part of other biennial
reports made to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 351.151. RULES. (a) The board by a majority vote of a
quorum may adopt procedural and substantive rules.
(b) The board may not adopt a substantive rule before submitting
the proposed rule to the attorney general for a ruling on the
proposed rule's validity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1092, Sec. 6, eff. Sept. 1,
2001.
Sec. 351.152. FEES. (a) The board shall set fees in amounts
reasonable and necessary so that in the aggregate the fees
produce sufficient revenue to cover the cost of administering
this chapter. The board shall set fee amounts so as not to
maintain an unnecessary fund balance.
(b) The board shall set fees under this section only for acts or
services performed or provided by the board, including:
(1) an examination;
(2) a re-examination;
(3) an issuance of a license;
(4) a renewal of a license; and
(5) an issuance of a duplicate license.
(c) The board may not set a fee that existed on September 1,
1993, for an amount less than the amount of the fee on that date.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1092, Sec. 7, eff. Sept. 1,
2001.
Sec. 351.153. ADDITIONAL FEE. (a) The fee for the issuance of
a license under this chapter and the fee for the renewal of a
license under this chapter are the amounts of those fees set by
the board under Section 351.152 and an additional fee of $200.
(b) Of each additional fee collected, $50 shall be deposited in
the foundation school fund and $150 shall be deposited in the
general revenue fund.
(c) The additional fee imposed by this section does not apply to
a person who is not practicing optometry or therapeutic optometry
in this state at the time the charge is imposed.
(d) The additional fee imposed by this section may not be used
to compute the amount to be deposited in the University of
Houston development fund under Section 351.154.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.154. APPLICATION OF FEES. (a) Except as otherwise
provided by this section, the board shall apply the funds
realized from all fees payable under this chapter first to pay
all necessary expenses of the board and then, by order of the
board, to compensate members of the board.
(b) The board shall deposit in the University of Houston
development fund 15 percent of each annual renewal fee collected
by the board under Section 351.152. The money paid to that fund
under this subsection may be used solely for scholarships or
improvements in the physical facilities, including library
facilities, of the College of Optometry.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.155. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt a rule restricting
advertising or competitive bidding by a person regulated by the
board except to prohibit a false, misleading, or deceptive
practice.
(b) The board may not include in rules to prohibit false,
misleading, or deceptive practices by a person regulated by the
board a rule that:
(1) restricts the use of any advertising medium;
(2) restricts the person's personal appearance or use of the
person's voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
person;
(4) restricts the person's advertisement under a trade name;
(5) restricts a truthful statement regarding:
(A) the address or telephone number of an office maintained by
the person;
(B) office hours regularly maintained by the person;
(C) languages, other than English, fluently spoken in the
person's office;
(D) whether the person provides services under a specified
private or public insurance plan or health care plan;
(E) publications authored by the person;
(F) a teaching position held or formerly held by the person and
the dates the position was held;
(G) an affiliation with a hospital or clinic;
(H) the fact that the person regularly accepts installment
payment of fees;
(I) the manufacturer, designer, style, make, trade name, brand
name, color, size, or type of commodities advertised; or
(J) other factual information that is not false, fraudulent,
misleading, or likely to deceive; or
(6) restricts a truthful statement that relates to public health
or that encourages preventive or corrective care.
(c) Subsection (b) does not prevent the board from restricting
advertising that is false, fraudulent, misleading, or likely to
deceive.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.156. BOARD DUTIES REGARDING COMPLAINTS. (a) The board
by rule shall:
(1) adopt a form to standardize information concerning
complaints made to the board; and
(2) prescribe information to be provided to a person when the
person files a complaint with the board.
(b) The board shall provide reasonable assistance to a person
who wishes to file a complaint with the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.157. ENFORCEMENT. (a) The board, a committee of the
board, or a member of the board or a committee may:
(1) issue a subpoena or subpoena duces tecum to compel the
attendance of a witness or the production of books, records, or
documents;
(2) administer an oath; or
(3) take testimony on all matters in the jurisdiction of the
board, committee, or member.
(b) The board is not bound by strict rules of procedure or by
the laws of evidence in conducting board proceedings but shall
base a determination on sufficient legal evidence to sustain the
determination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.1575. INSPECTION OF PREMISES AND REVIEW OF RECORDS
AUTHORIZED. (a) The board, at any time and without notice during
regular business hours, may:
(1) enter and inspect a facility operated by a person engaged in
any activity regulated under this chapter; and
(2) to the extent allowed by federal law, inspect and review any
record, including a patient record, maintained by a person
engaged in any activity regulated under this chapter.
(b) The board may enter and inspect a facility or inspect and
review any record under Subsection (a) as necessary to:
(1) ensure compliance with this chapter; or
(2) investigate a complaint made to the board.
Added by Acts 2005, 79th Leg., Ch.
101, Sec. 1.009, eff. September 1, 2005.
Sec. 351.158. LEGAL REPRESENTATION. (a) In a hearing before
the board or in a suit in which the board is a party, the board
may appoint the board's staff attorney as an attorney of record
for the board, except that the staff attorney is subordinate to a
county attorney, district attorney, or attorney general if one of
those attorneys is also an attorney of record in the proceeding.
(b) In a suit in which the board is a party, the board may
appoint the staff attorney as special assistant to the county
attorney, district attorney, or attorney general. The board must
pay the staff attorney.
(c) This section does not limit or exclude the right of the
county attorney, district attorney, or attorney general to appear
as the board's attorney in the court to which that attorney is
entitled or required under the constitution to represent the
state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.159. COMMITTEE APPOINTMENTS AND RECOMMENDATIONS. (a)
The board may appoint committees from its own membership.
(b) A committee shall consider any matter referred to the
committee relating to the enforcement of this chapter and rules
adopted under this chapter. The committee shall make a
recommendation on the matter to the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.160. PHARMACEUTICAL AGENTS. The board by rule shall
designate classifications of pharmaceutical agents that
therapeutic optometrists may use in the practice of therapeutic
optometry as authorized by this chapter. Additional
classifications of medications authorized by Section
351.165(c)(3) may only be approved as provided by that section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.152(a), eff.
Sept. 1, 2001.
Sec. 351.161. SEAL; DESIGN OF LICENSE. The board shall adopt an
official seal and a license of suitable design.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.162. OFFICE. The board shall maintain an office in
which it keeps all permanent records.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.163. BOARD RECORDS. (a) The board shall keep a record
of its proceedings.
(b) The board may keep a record of any information the board
wants to record. The board shall keep a record of:
(1) the name, age, and present legal and mailing address of each
applicant for examination;
(2) the name and location of the school of optometry from which
the applicant holds credentials;
(3) the time devoted by the applicant to the study and practice
of optometry; and
(4) whether the board rejects or licenses the applicant.
(c) A certified copy of the record described by Subsection (b),
marked with the hand and seal of the executive director, is:
(1) admissible evidence in all courts; and
(2) prima facie evidence of all matters contained in the record.
(d) The executive director shall number and record each license
or annual renewal certificate issued by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.153(a), eff.
Sept. 1, 2001.
Sec. 351.164. ANNUAL REPORT. (a) The board shall file annually
with the governor and the presiding officer of each house of the
legislature a complete and detailed written report accounting for
all funds received and disbursed by the board during the
preceding fiscal year.
(b) The report must be in the form and reported in the time
provided by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.165. OPTOMETRIC HEALTH CARE ADVISORY COMMITTEE. (a)
The Optometric Health Care Advisory Committee consists of six
members appointed as follows:
(1) two members who are therapeutic optometrists, appointed by
the board;
(2) two members who are board-certified ophthalmologists,
appointed by the Texas State Board of Medical Examiners; and
(3) two members who are pharmacologists, appointed by the Texas
State Board of Pharmacy.
(b) Members of the committee serve staggered two-year terms,
with the terms of half of the members expiring September 1 each
year.
(c) The committee shall make recommendations that:
(1) establish requirements for the education and clinical
training necessary for certification as an optometric glaucoma
specialist;
(2) establish the parameters of care for treatment of ocular
diseases and conditions by optometric glaucoma specialists as
health care technology advances; and
(3) identify additional classes of pharmaceuticals under Section
351.358(c) that are effective treatments for ocular diseases and
conditions and that may be effectively used by certified
optometric glaucoma specialists.
(d) A person is not eligible for appointment as a pharmacologist
member of the committee if the person is licensed as a
therapeutic optometrist or ophthalmologist or is related within
the second degree by affinity or consanguinity, as determined
under Chapter 573, Government Code, to a person who is licensed
as a therapeutic optometrist or ophthalmologist.
(e) In making any recommendation, the committee shall consider
patient safety, patient costs, the effect on a patient's access
to health care, patient convenience, and any added efficiencies
to the health care delivery system the decision may involve.
(f) Before a recommendation made by the committee may become
law, the board and the Texas State Board of Medical Examiners
must adopt the recommendation. If either board fails to adopt a
recommendation of the committee, that board must articulate a
sound scientific reason for the failure to adopt.
(g) Unless continued in existence by act of the legislature, the
Optometric Health Care Advisory Committee is abolished and this
section expires September 1, 2005.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.154(a), eff.
Sept. 1, 2001.
Sec. 351.166. INFORMATION PROVIDED TO LICENSE HOLDERS. At least
once each biennium, the board shall provide to license holders
information on:
(1) prescribing and dispensing pain medications, with particular
emphasis on Schedule II and Schedule III controlled substances;
(2) abusive and addictive behavior of certain persons who use
prescription pain medications;
(3) common diversion strategies employed by certain persons who
use prescription pain medications, including fraudulent
prescription patterns; and
(4) the appropriate use of pain medications and the differences
between addiction, pseudo-addiction, tolerance, and physical
dependence.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 6, eff. Sept. 1,
2003.
Sec. 351.167. POISON CONTROL CENTER INFORMATION. The board
shall provide to license holders information regarding the
services provided by poison control centers.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 6, eff. Sept. 1,
2003.
Sec. 351.168. TECHNOLOGICAL SOLUTIONS POLICY REQUIRED. The
board shall implement a policy requiring the board to use
appropriate technological solutions to improve the board's
ability to perform its functions. The policy must ensure that
the public is able to interact with the board on the Internet.
Added by Acts 2005, 79th Leg., Ch.
101, Sec. 1.010, eff. September 1, 2005.
Sec. 351.169. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION.
(a) The board shall develop and implement a policy to encourage
the use of:
(1) negotiated rulemaking procedures under Chapter 2008,
Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Added by Acts 2005, 79th Leg., Ch.
101, Sec. 1.010, eff. September 1, 2005.
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 351.201. PUBLIC INTEREST INFORMATION. (a) The board shall
prepare information of public interest describing the functions
of the board and the procedures by which complaints are filed
with and resolved by the board.
(b) The board shall make the information available to the public
and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.202. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English may be provided
reasonable access to the board's programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.203. COMPLAINTS. (a) The board by rule shall
establish methods by which a consumer or service recipient is
notified of the name, mailing address, and telephone number of
the board for the purpose of directing a complaint to the board.
The board may provide for that notice:
(1) on each registration form, application, or written contract
for service provided by a person regulated under this chapter;
(2) on a sign prominently displayed in the place of business of
a person regulated under this chapter; or
(3) in a bill for service provided by a person regulated under
this chapter.
(b) The board shall list with its regular telephone number any
toll-free telephone number established under other state law that
may be called to present a complaint about a health professional.
(c) The board shall make information available describing the
procedures established by the board relating to complaint
investigation and resolution.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
101, Sec. 1.011, eff. September 1, 2005.
Sec. 351.2035. COMPLAINTS RESULTING FROM INSPECTIONS. (a) The
board shall handle as a complaint any violation of this chapter
or a rule adopted by the board that is discovered during an
inspection conducted under Section 351.1575(b)(1).
(b) The board shall investigate and dispose of a complaint
described by Subsection (a) in the same manner that the board
investigates and disposes of other complaints made under this
chapter.
Added by Acts 2005, 79th Leg., Ch.
101, Sec. 1.012, eff. September 1, 2005.
Sec. 351.2036. PROCEDURE FOR PROCESSING COMPLAINTS. (a) The
board may delegate to board staff the authority to dismiss or
enter into an agreed settlement of a complaint that does not
directly relate to patient care and the investigation or
disposition of which does not require expertise in optometry or
therapeutic optometry. The disposition determined by board staff
must be approved by the board at a public meeting.
(b) A complaint delegated under this section shall be referred
to an informal settlement conference under Section 351.507 if:
(1) the board staff determines that the complaint should not be
dismissed or settled; or
(2) the board staff is unable to reach an agreed settlement.
(c) A complaint that is directly related to patient care or the
investigation or disposition of which requires expertise in
optometry or therapeutic optometry shall be reviewed by two board
members who are optometrists or therapeutic optometrists who
shall:
(1) dismiss the complaint if both board members agree that the
complaint should be dismissed; or
(2) refer the complaint to an informal settlement conference
under Section 351.507.
Added by Acts 2005, 79th Leg., Ch.
101, Sec. 1.012, eff. September 1, 2005.
Sec. 351.204. RECORDS OF COMPLAINTS. (a) The board shall
maintain a system to act promptly and efficiently on each
complaint filed with the board. The board shall maintain
information concerning:
(1) parties to the complaint;
(2) the subject matter of the complaint;
(3) a summary of the results of the review or investigation of
the complaint;
(4) the disposition of the complaint; and
(5) other relevant information.
(b) The board shall periodically notify parties to the complaint
of the status of the complaint until the board finally disposes
of the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
101, Sec. 1.013, eff. September 1, 2005.
Sec. 351.2045. CONFIDENTIALITY OF INVESTIGATION FILES. (a) The
board's investigation files are confidential, privileged, and not
subject to discovery, subpoena, or any other means of legal
compulsion for release other than to the board or an employee or
agent of the board.
(b) The board shall share information in investigation files, on
request, with another state or federal regulatory agency or with
a local, state, or federal law enforcement agency regardless of
whether the investigation has been completed. The board is not
required to disclose under this subsection information that is an
attorney-client communication, an attorney work product, or other
information protected by a privilege recognized by the Texas
Rules of Civil Procedure or the Texas Rules of Evidence.
(c) On the completion of the investigation and before a hearing
under Section 351.503, the board shall provide to the license
holder, subject to any other privilege or restriction set forth
by rule, statute, or legal precedent, access to all information
in the board's possession that the board intends to offer into
evidence in presenting its case in chief at the contested case
hearing on the complaint. The board is not required to provide:
(1) a board investigative report or memorandum;
(2) the identity of a nontestifying complainant; or
(3) attorney-client communications, attorney work product, or
other materials covered by a privilege recognized by the Texas
Rules of Civil Procedure or the Texas Rules of Evidence.
(d) Notwithstanding Subsection (a), the board may:
(1) disclose a complaint to the affected license holder; and
(2) provide to a complainant the license holder's response to
the complaint, if providing the response is considered by the
board to be necessary to investigate the complaint.
(e) This section does not prohibit the board or another party in
a disciplinary action from offering into evidence in a contested
case under Chapter 2001, Government Code, a record, document, or
other information obtained or created during an investigation.
Added by Acts 2003, 78th Leg., ch. 329, Sec. 4.
Sec. 351.205. GENERAL RULES REGARDING COMPLAINT INVESTIGATION
AND DISPOSITION. (a) The board shall adopt rules concerning the
investigation of a complaint filed with the board. The rules
adopted under this section must:
(1) distinguish between categories of complaints;
(2) ensure that a complaint is not dismissed without appropriate
consideration;
(3) require that the board be advised of a complaint that is
dismissed and that a letter be sent to the person who filed the
complaint explaining the action taken on the complaint;
(4) ensure that the person who filed the complaint has an
opportunity to explain the allegations made in the complaint; and
(5) prescribe guidelines concerning the categories of complaints
that require the use of a private investigator and prescribe the
procedures for the board to obtain the services of a private
investigator.
(a-1) The board shall adopt rules that prescribe a method for
prioritizing complaints for purposes of complaint investigation
and disposition. The rules adopted under this subsection must:
(1) place the highest priority on complaints that allege conduct
that:
(A) violates the standard of professional care and judgment of
an optometrist or therapeutic optometrist, as applicable;
(B) involves professional misconduct; or
(C) potentially threatens public health or safety; and
(2) place a lower priority on complaints that are not described
by Subdivision (1).
(b) The board shall:
(1) dispose of a complaint in a timely manner; and
(2) establish a schedule for conducting each phase of the
disposition of the complaint that is under the control of the
board not later than the 30th day after the date the board
receives the complaint.
(c) The board shall notify the parties to the complaint of the
projected time requirements for pursuing the complaint.
(d) The board shall notify the parties to the complaint of any
change in the schedule not later than the seventh day after the
date the change is made.
(e) The executive director shall notify the board of a complaint
that is unresolved after the time prescribed by the board for
resolving the complaint so that the board may take necessary
action on the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
101, Sec. 1.014, eff. September 1, 2005.
SUBCHAPTER F. LICENSE REQUIREMENTS
Sec. 351.251. LICENSE REQUIRED. A person may not practice
optometry or therapeutic optometry unless the person holds a
license issued under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.252. EDUCATION REQUIREMENTS FOR THERAPEUTIC
OPTOMETRIST. (a) A person must satisfactorily complete the
education requirements established by board rule to be licensed
as a therapeutic optometrist.
(b) The education necessary to meet the requirements must:
(1) be provided by an entity approved by the board; and
(2) include an emphasis on the examination, diagnosis, and
treatment of conditions of the human eye and adnexa.
(c) The board by rule shall require successful completion of
accredited academic and clinical courses in pharmacology and
related pathology that are:
(1) approved by the board; and
(2) determined by the board to be equivalent in the total number
of classroom hours to the requirements for other health care
professionals in this state who are licensed to use
pharmaceutical agents, including dentists, podiatrists, and
physicians.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.253. EXAMINATION REQUIREMENT FOR THERAPEUTIC
OPTOMETRIST. A person must pass the examination given by the
board to be licensed to practice therapeutic optometry in this
state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.254. EXAMINATION APPLICATION. (a) An applicant is
eligible to take the licensing examination if the applicant
provides to the executive director, on a form provided by the
board, information the board considers necessary to enforce this
chapter, including satisfactory sworn evidence that the
applicant:
(1) has attained the age of majority;
(2) is of good moral character;
(3) has a preliminary education equivalent to one that would
permit the applicant to enroll in The University of Texas; and
(4) has attended and graduated from a reputable college of
optometry that meets board requirements.
(b) For purposes of Subsection (a)(4), a college of optometry is
reputable if the college has:
(1) entrance requirements that are as high as those adopted by
the better class of universities and schools of optometry; and
(2) a course of instruction that is:
(A) as demanding as that adopted by the better class of
universities and schools of optometry;
(B) equivalent to not less than six terms of eight months each;
and
(C) approved by the board.
(c) An applicant who meets the other requirements of this
section may take the examination without having graduated as
required by Subsection (a) if the dean of a college of optometry
that meets the requirements of the board notifies the board in
writing that the applicant is enrolled in good standing in the
college and is in the final semester before graduation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.155(a), eff.
Sept. 1, 2001.
Sec. 351.255. CONDUCT OF EXAMINATION. (a) The board shall give
an applicant notice of the date and place of the examination. The
examination shall be given at least twice a year at the board's
regular meetings.
(b) The board shall conduct the examination:
(1) in writing and by other means that the board considers
adequate to determine applicant qualifications; and
(2) in a manner that is fair and impartial to each applicant and
recognized school of optometry.
(c) If a national testing organization does not prepare the
written portion of the examination, the board shall have an
independent testing professional validate that portion.
(d) The board shall give the same written examination to each
applicant examined at the same time.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.256. EXAMINATION SUBJECTS. (a) The examination must
consist of written or practical tests in subjects regularly
taught in recognized accredited colleges of optometry, including:
(1) practical, theoretical, and physiological optics;
(2) theoretical and practical optometry; and
(3) the anatomy, physiology, and pathology of the eye as applied
to optometry.
(b) The examination must also include examination in
pharmacology and related pathology.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
101, Sec. 1.015, eff. September 1, 2005.
Sec. 351.257. EXAMINATION RESULTS. (a) The board shall notify
each examinee of the examination results not later than the 30th
day after the date the examination is administered. If an
examination is graded or reviewed by a national testing service,
the board shall notify each examinee of the examination results
not later than the 14th day after the date the board receives the
results from the testing service.
(b) If the notice of the examination results will be delayed for
more than 90 days after the examination date, the board shall
notify each examinee of the reason for the delay before the 90th
day.
(c) If requested in writing by a person who fails an
examination, the board shall provide to the person an analysis of
the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.258. ISSUANCE OF LICENSE TO THERAPEUTIC OPTOMETRIST;
FEE. (a) The board shall:
(1) register as qualified under this chapter an applicant who
passes the examination and meets all board requirements; and
(2) issue to the applicant a license to practice therapeutic
optometry in this state.
(b) A person who passes the examination and meets board
requirements must pay a fee for issuance of a license not later
than the 90th day after the date the person receives notice, by
registered mail at the address given on the examination papers or
given at the time of the examination, that the person is eligible
for a license.
(c) A person described by Subsection (a) who fails to pay the
fee in a timely manner waives the right to obtain a license. The
board may refuse to issue a license to the person until the
person passes another examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.259. PROVISIONAL LICENSE. (a) The board shall issue a
provisional license to practice optometry or therapeutic
optometry to an applicant who:
(1) is licensed in good standing as an optometrist or
therapeutic optometrist in another state that has licensing
requirements that are substantially equivalent to the
requirements of this chapter;
(2) has passed a national or other examination recognized by the
board relating to the practice of optometry or therapeutic
optometry; and
(3) is sponsored by a person licensed by the board under this
chapter with whom the provisional license holder may practice.
(b) The board may waive the requirement of Subsection (a)(3) for
an applicant if the board determines that compliance is a
hardship to the applicant.
(c) A provisional license is valid until the date the board
approves or denies the provisional license holder's application
for a license. The board shall issue a license under this chapter
to the holder of a provisional license under this section if:
(1) the provisional license holder passes the examination
required by Section 351.253 and satisfies other license
requirements under this chapter; and
(2) the board verifies that the provisional license holder meets
the academic and experience requirements for a license under this
chapter.
(d) The board must complete the processing of a provisional
license holder's application for a license not later than the
180th day after the date the board issues the provisional
license. The board may extend the 180-day limit if the results of
an examination administered or graded by a testing organization
have not been received by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.2595. LICENSE WITHOUT EXAMINATION. The board may issue
a license to practice therapeutic optometry without requiring the
applicant to pass all or part of the examination required by
Section 351.253 if:
(1) the applicant is licensed in good standing as a therapeutic
optometrist in another state;
(2) the applicant has passed an examination that is equivalent
or superior to the examination required by Section 351.253;
(3) during at least five of the seven years preceding the
application date, the applicant has been:
(A) actively engaged in the practice of therapeutic optometry;
or
(B) engaged in full-time teaching at an accredited college of
optometry or medicine;
(4) there are no pending disciplinary actions against the
applicant in the state in which the applicant is licensed; and
(5) the applicant's license has never been suspended or revoked.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.156(a), eff.
Sept. 1, 2001.
Sec. 351.260. LIMITED LICENSE FOR CLINICAL FACULTY. (a) The
board by rule may issue a limited license to a full-time clinical
faculty member of an institution of higher education of this
state who provides instruction in optometry or therapeutic
optometry.
(b) A license issued under this section may authorize the
faculty member to practice optometry or therapeutic optometry
only on the premises of the institution of higher education and
its affiliated teaching clinics and only as part of the
institution's teaching program.
(c) The board by rule may adopt criteria and fees for issuance
and renewal of a license under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.261. DISPLAY OF LICENSE OR CERTIFICATE. A person
practicing optometry or therapeutic optometry in this state
shall:
(1) display the person's license or certificate in a conspicuous
place in the principal office in which the person practices
optometry or therapeutic optometry; and
(2) whenever required, exhibit the license or certificate to the
board or the board's authorized representative.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.262. INFORMATION PRESENTED TO PATIENT. (a) An
optometrist or therapeutic optometrist shall, within a reasonable
time after completing an examination of a patient, present to the
patient a prescription, bill, or receipt containing the license
number and name of the optometrist or therapeutic optometrist.
This subsection does not affect the individual professional
liability of the optometrist or therapeutic optometrist.
(b) Notwithstanding Subsection (a), a person practicing
optometry or therapeutic optometry outside of the principal
office in which the person practices optometry or therapeutic
optometry shall deliver to a patient fitted with eyeglasses a
specification of and the prices charged for the lenses and
material provided to the patient, with a bill containing:
(1) the person's signature;
(2) the person's mailing address; and
(3) the number of the person's license or certificate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.263. LOST OR DESTROYED LICENSE. The board shall issue
a license under this chapter to a license holder whose license
has been lost or destroyed on:
(1) submission of an affidavit stating:
(A) that the license has been lost or destroyed;
(B) that the person making the affidavit is the person to whom
the license was issued; and
(C) any other information required by the board; and
(2) payment of a fee for issuance of a duplicate license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.264. INACTIVE STATUS. The board by rule may provide
for a license holder's license to be placed on inactive status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.265. RETIRED STATUS. (a) The board by rule may allow
a license holder to place the person's license on retired status.
A license holder must apply to the board for retired status, on
a form prescribed by the board, before the expiration date of the
person's license.
(b) In determining whether to grant retired status, the board
shall consider the age, years of practice, and status of the
license holder at the time of the application.
(c) A license holder on retired status:
(1) must pay a license renewal fee in an amount equal to the
renewal fee for a license on inactive status; and
(2) except as provided by Subsection (f), may not perform any
activity regulated under this chapter.
(d) To reinstate a license placed on retired status, the license
holder must submit a written request for reinstatement to the
board. The board may return the license to active status and
issue a renewal license if the license holder complies with any
education or other requirement established by board rule and pays
the renewal fee in effect at the time of the requested
reinstatement.
(e) The board may charge a reasonable administrative fee to
cover the cost of research and the preparation of documentation
for the board's consideration of a request for reinstatement of a
license on retired status.
(f) A license holder on retired status may perform an activity
regulated under this chapter if the license holder's practice
consists only of voluntary charity care, as defined by board
rule. The board's rules under this subsection must prescribe the
scope of practice permitted for the license holder, the license
holder's authority to prescribe and administer drugs, and any
continuing education requirements applicable to the license
holder. The scope of practice of a license holder on retired
status may not be greater than the scope of practice of the same
license holder on active status.
Added by Acts 2009, 81st Leg., R.S., Ch.
324, Sec. 1, eff. September 1, 2009.
SUBCHAPTER G. LICENSE RENEWAL
Sec. 351.301. ANNUAL RENEWAL CERTIFICATE. (a) A person
required by this subchapter to hold an annual renewal certificate
may not practice optometry or therapeutic optometry without the
certificate.
(b) A violation of this section has the same effect as, and is
subject to the penalties for, practicing optometry or therapeutic
optometry without holding a license as required by Subchapter F.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.302. LICENSE RENEWAL. (a) The board by rule may adopt
a system under which licenses expire on various dates during the
year. The board shall adjust the final dates for payment, the
dates for notice of nonpayment, and the dates for license
cancellation accordingly.
(b) For the year in which the license expiration date is
changed, license renewal fees payable not later than January 1
shall be prorated on a monthly basis so that each license holder
pays only that portion of the license renewal fee allocable to
the number of months during which the license is valid.
(c) On renewal of the license on the new expiration date, the
total license renewal fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.303. NOTICE OF LICENSE EXPIRATION. Not later than the
30th day before the date a person's license is to expire, the
board shall send written notice of the impending license
expiration to the person at the person's last known address
according to board records.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 351.304. PROCEDURE FOR RENEWAL. (a) Not later than
January 1 of each year or as otherwise provided under Section
351.302, an optometrist or therapeutic optometrist shall pay to
the board an annual renewal fee for the renewal of a license to
practice optometry or therapeutic optometry for the year. A
person may renew an unexpired license by paying the required
renewal fee to the board before the license expiration date.
(b) A person whose license has been expired for 90 days or less
may renew the license by paying to the board a renewal fee that
is equal to the sum of one and one-half times the annual renewal
fee set by the b