CHAPTER 351. OPTOMETRISTS AND THERAPEUTIC OPTOMETRISTS

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > 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

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;

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.

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

because of the person's activities for compensation on behalf of

a profession related to the operation of the board.

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.

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.

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.

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.

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.

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.

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.

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;

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.

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.

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.

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.

(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.

(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.

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.

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.

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

(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.

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.

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

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.

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.

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.

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.

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;

(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.

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

(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.

(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.

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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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