reglab/housing_qa huggingface dataset:
TX Occ Code § 351.408 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter I. Prohibited Practices in General|Section 351.408. Control of Optometry

Sec. 351.408.  CONTROL OF OPTOMETRY.  (a)  This section and Sections 351.602(c)(2), 351.603(b), 351.604(3), and 351.605 shall be liberally construed to prevent manufacturers, wholesalers, and retailers of ophthalmic goods from controlling or attempting to control the professional judgment, manner of practice, or practice of an optometrist or therapeutic optometrist.(b)  In this section, "control or attempt to control the professional judgment, manner of practice, or practice of an optometrist or therapeutic optometrist" includes:(1)  setting or attempting to influence the professional fees or office hours of an optometrist or therapeutic optometrist;(2)  restricting or attempting to restrict an optometrist's or therapeutic optometrist's freedom to see a patient by appointment;(3)  terminating or threatening to terminate an agreement, including a lease, or other relationship in an attempt to control the professional judgment, manner of practice, or practice of an optometrist or therapeutic optometrist;(4)  providing, hiring, or sharing employees, business services, or similar items to or with an optometrist or therapeutic optometrist;  and(5)  making or guaranteeing a loan to an optometrist or therapeutic optometrist in excess of the value of the collateral securing the loan.(c)  A manufacturer, wholesaler, or retailer of ophthalmic goods may not directly or indirectly:(1)  control or attempt to control the professional judgment, manner of practice, or practice of an optometrist or therapeutic optometrist;(2)  employ or contract for the services of an optometrist or therapeutic optometrist if part of the optometrist's or therapeutic optometrist's duties involves the practice of optometry or therapeutic optometry;  or(3)  pay an optometrist or therapeutic optometrist for a service not provided.(d)  This section does not apply to a manufacturer, wholesaler, or retailer of ophthalmic goods who is an optometrist, therapeutic optometrist, or licensed physician or a legal entity wholly owned and controlled by at least one optometrist, therapeutic optometrist, or licensed physician, unless the optometrist, therapeutic optometrist, or legal entity has offices at more than three locations.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.409 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter I. Prohibited Practices in General|Section 351.409. Prohibited Activity by Unlicensed Person

Sec. 351.409.  PROHIBITED ACTIVITY BY UNLICENSED PERSON.  An unlicensed person may not engage in any activity prohibited by this chapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.451 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter J. Prohibited Practices by License Holder|Section 351.451. Prohibited Treatment by License Holder

Sec. 351.451.  PROHIBITED TREATMENT BY LICENSE HOLDER.  (a)  An optometrist or therapeutic optometrist may not provide a person with treatment except as authorized by law.(b)  An optometrist or therapeutic optometrist who violates Subsection (a) is considered to be practicing medicine without a license and, in addition to the penalties prescribed for a violation of this chapter, is subject to the penalty for the practice of medicine without a license.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.452 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter J. Prohibited Practices by License Holder|Section 351.452. Prohibited Use of Pharmaceutical Agent

Sec. 351.452.  PROHIBITED USE OF PHARMACEUTICAL AGENT.  A therapeutic optometrist may not use a pharmaceutical agent not authorized by the board or by law.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.4521 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter J. Prohibited Practices by License Holder|Section 351.4521. Performance of Surgery Prohibited

Sec. 351.4521.  PERFORMANCE OF SURGERY PROHIBITED.  A therapeutic optometrist may not perform surgery or laser surgery.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.152(e), eff. Sept. 1, 2001.|
TX Occ Code § 351.453 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter J. Prohibited Practices by License Holder|Section 351.453. Examination Required for Prescription

Sec. 351.453.  EXAMINATION REQUIRED FOR PRESCRIPTION.  An optometrist or therapeutic optometrist may not sign, or cause to be signed, an ophthalmic lens prescription without first personally examining the eyes of the person for whom the prescription is made.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.454 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter J. Prohibited Practices by License Holder|Section 351.454. Contagious or Infectious Disease

Sec. 351.454.  CONTAGIOUS OR INFECTIOUS DISEASE.  (a)  An optometrist or therapeutic optometrist may not practice optometry or therapeutic optometry while knowingly suffering from a contagious or infectious disease, as defined by the Texas Department of Health, if the disease is one that could reasonably be transmitted in the normal performance of optometry or therapeutic optometry.(b)  The board by rule shall adopt guidelines that define, according to guidelines issued by the Texas Department of Health and specific to the practice of optometry or therapeutic optometry, each disease or type of disease that could reasonably be transmitted in the normal performance of optometry or therapeutic optometry.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.455 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter J. Prohibited Practices by License Holder|Section 351.455. Practice Prohibited From House to House

Sec. 351.455.  PRACTICE PROHIBITED FROM HOUSE TO HOUSE.  (a)  A person may not practice optometry or therapeutic optometry from house to house or on the streets or highways, notwithstanding any laws for the licensing of peddlers.(b)  Subsection (a) does not prohibit an optometrist, therapeutic optometrist, or licensed physician from attending, prescribing for, or providing eyeglasses or ophthalmic lenses to a person:(1)  who, because of illness or physical or mental infirmity, is confined to the place the person resides;  or(2)  in response to an unsolicited request or call for those services.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.456 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter J. Prohibited Practices by License Holder|Section 351.456. Practice Prohibited During License Suspension or Revocation

Sec. 351.456.  PRACTICE PROHIBITED DURING LICENSE SUSPENSION OR REVOCATION.  A person may not practice optometry or therapeutic optometry while the person's license is suspended or revoked.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.457 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter J. Prohibited Practices by License Holder|Section 351.457. Professional Responsibility; Fees

Sec. 351.457.  PROFESSIONAL RESPONSIBILITY;  FEES.  (a)  An optometrist or therapeutic optometrist may not directly or indirectly divide, share, split, or allocate a fee for optometric services or materials with:(1)  a layperson, firm, or corporation;  or(2)  another optometrist, therapeutic optometrist, or licensed physician, except on the basis of a division of service or responsibility.(b)  Subsection (a) does not:(1)  prevent an optometrist or therapeutic optometrist from paying an employee in the regular course of employment;(2)  prevent establishment of a partnership for the practice of optometry or therapeutic optometry;  or(3)  prohibit an optometrist or therapeutic optometrist from being employed on a salary, with or without a bonus arrangement, by an optometrist, therapeutic optometrist, or licensed physician, regardless of the amount of supervision exerted by the employer over the office in which the employee works.(c)  A bonus arrangement described by Subsection (b)(3) may not be based on the business or income of an optical company.(d)  Section 351.361(c) applies to this section.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.458 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter J. Prohibited Practices by License Holder|Section 351.458. Professional Responsibility; Use of Name or Professional Identification

Sec. 351.458.  PROFESSIONAL RESPONSIBILITY;  USE OF NAME OR PROFESSIONAL IDENTIFICATION.  (a)  An optometrist or therapeutic optometrist may not use, or cause or allow to be used, the optometrist's or therapeutic optometrist's name or professional identification, as authorized by Chapter 104, on or near the door, window, wall, directory, sign, or listing of an office or place of practice, unless the optometrist or therapeutic optometrist is actually present and practicing optometry or therapeutic optometry in that office or place during the hours it is open to the public for the practice of optometry or therapeutic optometry.(b)  An optometrist or therapeutic optometrist may not practice in an office or place where a name or professional identification on or near the door, window, wall, directory, sign, or listing of the office or place, or where a name or professional identification used in connection with the office or place, indicates that it is owned, operated, supervised, staffed, directed, or attended by a person not actually present and practicing optometry or therapeutic optometry in that office or place during the hours it is open to the public for the practice of optometry or therapeutic optometry.(c)  To be actually present for purposes of Subsections (a) and (b), the optometrist or therapeutic optometrist must be physically present in the office or place of practice:(1)  for more than half of the total number of hours the office or place is open to the public for the practice of optometry or therapeutic optometry in each calendar month for at least nine months in each calendar year;  or(2)  for at least half of the time the optometrist or therapeutic optometrist conducts or supervises the practice of optometry or therapeutic optometry.(d)  To be practicing optometry or therapeutic optometry for purposes of Subsections (a) and (b), the optometrist or therapeutic optometrist must regularly and personally in the office or place of practice:(1)  examine the eyes of some of the persons for whom prescriptions have been issued in that office or place;  or(2)  supervise those eye examinations.(e)  This section does not require the physical presence of a person who is ill, injured, or otherwise temporarily incapacitated.(f)  Section 351.361(c) applies to this section.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.459 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter J. Prohibited Practices by License Holder|Section 351.459. Mercantile Establishment; Prohibited Acts

Sec. 351.459.  MERCANTILE ESTABLISHMENT;  PROHIBITED ACTS.  (a)  This section applies to an optometrist or therapeutic optometrist who leases space from and practices optometry or therapeutic optometry on the premises of a mercantile establishment.(b)  An optometrist or therapeutic optometrist may not:(1)  conduct a phase of practice as a department or concession of a mercantile establishment;  or(2)  display a legend or sign stating "Optical Department," "Optometrical Department," or a similar message on the premises of a mercantile establishment or in advertising.(c)  An optometrist or therapeutic optometrist may not permit the optometrist's or therapeutic optometrist's name or practice to be directly or indirectly used in connection with a mercantile establishment in any manner, including in advertising, displays, or signs.(d)  The credit account of a patient of an optometrist or therapeutic optometrist must be with the optometrist or therapeutic optometrist and not with the credit department of the mercantile establishment.  This subsection does not prevent the optometrist or therapeutic optometrist from subsequently selling, transferring, or assigning that account.(e)  Section 351.363(a) applies to this section.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.460 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter J. Prohibited Practices by License Holder|Section 351.460. Relationships With Dispensing Opticians; Prohibited Acts

Sec. 351.460.  RELATIONSHIPS WITH DISPENSING OPTICIANS;  PROHIBITED ACTS.  (a)  A person who is engaged in the business of a dispensing optician, other than an optometrist, therapeutic optometrist, or licensed physician, may not have:(1)  an interest in the practice, books, records, files, equipment, or materials of an optometrist or therapeutic optometrist;  or(2)  except as provided by Subsection (c), an interest in the premises or space occupied by an optometrist or therapeutic optometrist for the practice of optometry or therapeutic optometry.(b)  An optometrist, therapeutic optometrist, or licensed physician who is engaged in the business of a dispensing optician and who owns an interest in the practice, books, records, files, equipment, or materials of another optometrist or therapeutic optometrist shall maintain a separate set of books, records, files, and accounts in connection with that interest.(c)  Subsection (a)(2) does not apply if the interest is a lease for a specific term without retention of the present right of occupancy on the part of the dispensing optician.(d)  Section 351.364(d) applies to this section.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.5014 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter K. Disciplinary Procedures|Section 351.5014. Submission to Mental or Physical Examination

Sec. 351.5014.  SUBMISSION TO MENTAL OR PHYSICAL EXAMINATION.  (a)  In enforcing Section 351.501(a)(4), the board or an authorized agent of the board on probable cause, as determined by the board or agent, shall request an applicant or license holder to submit to a mental or physical examination by a physician or other health care professional designated by the board.  The board shall adopt guidelines, in conjunction with persons interested in or affected by this section, to enable the board to evaluate circumstances in which an applicant or license holder may be required to submit to an examination for mental or physical health conditions, alcohol and substance abuse, or professional behavior problems.(b)  If the applicant or license holder refuses to submit to the examination under Subsection (a), the board shall issue an order requiring the applicant or license holder to show cause why the applicant or license holder will not submit to the examination.  The board shall schedule a hearing on the order not later than the 30th day after the date notice is served on the applicant or license holder.  The board shall notify the applicant or license holder of the order and hearing by personal service or certified mail, return receipt requested.(c)  At the hearing, the applicant or license holder and the applicant's or license holder's attorney are entitled to present testimony or other evidence to show why the applicant or license holder should not be required to submit to the examination.  The applicant or license holder has the burden of proof to show why the applicant or license holder should not be required to submit to the examination.(d)  After the hearing, the board, as applicable, by order shall require the applicant or license holder to submit to the examination not later than the 60th day after the date of the order or withdraw the request for examination.|Added by Acts 2017, 85th Leg., R.S., Ch. 385 (S.B. 314), Sec. 18, eff. September 1, 2017.|
TX Occ Code § 351.502 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter K. Disciplinary Procedures|Section 351.502. Wilful or Repeated Noncompliance

Sec. 351.502.  WILFUL OR REPEATED NONCOMPLIANCE.  (a)  The board shall consider the wilful or repeated failure or refusal of an optometrist or therapeutic optometrist to comply with the requirements of Sections 351.353, 351.359, and 351.405 as prima facie evidence that the optometrist or therapeutic optometrist is unfit or incompetent by reason of negligence within the meaning of Section 351.501(a)(2) and as sufficient ground for the filing of charges to revoke or suspend a license.(b)  The board shall consider the wilful or repeated failure or refusal of an optometrist or therapeutic optometrist to comply with the requirements of Sections 351.361, 351.362, 351.457, and 351.458 as prima facie evidence that the optometrist or therapeutic optometrist has violated this chapter and as sufficient ground for the filing of charges to revoke or suspend a license.(c)  Section 351.361(c) applies to Subsection (b).|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.503 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter K. Disciplinary Procedures|Section 351.503. Disciplinary Proceedings

Sec. 351.503.  DISCIPLINARY PROCEEDINGS.  (a)  A person may initiate disciplinary proceedings under Section 351.501 by filing a charge with the board in writing and under oath.(b)  A person is entitled to a hearing conducted by the State Office of Administrative Hearings if:(1)  a charge is filed against the person;  or(2)  the board proposes to:(A)  refuse the person's application for a license;  or(B)  suspend or revoke the person's license.(c)  Disciplinary proceedings are governed by Chapter 2001, Government Code.(d)  A charge filed under Section 351.502(a) must state each specific instance of alleged noncompliance.  At a hearing on the charge, the person charged has the burden of establishing, in each instance in which proof of noncompliance is adduced, that compliance was not necessary to a proper examination of the patient in that particular case.(e)  A charge filed under Section 351.502(b) must state each specific instance of alleged noncompliance.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.504 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter K. Disciplinary Procedures|Section 351.504. Judicial Review

Sec. 351.504.  JUDICIAL REVIEW.  A petition for judicial review of a board action may be filed in a district court in the county of residence of the person against whom the original charge was filed.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.505 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter K. Disciplinary Procedures|Section 351.505. Reissuance of License After Revocation

Sec. 351.505.  REISSUANCE OF LICENSE AFTER REVOCATION.  (a)  A person whose license has been revoked:(1)  may not apply for reissuance under Subsection (b) before the first anniversary of the date of revocation;  and(2)  must apply in any manner required by the board.(b)  On application, the board may reissue a license to practice optometry or therapeutic optometry to a person whose license has been revoked.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 351.506 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle F - Professions Related to Eyes and Vision|Chapter 351 - Optometrists and Therapeutic Optometrists|Subchapter K. Disciplinary Procedures|Section 351.506. Probation

Sec. 351.506.  PROBATION.  If a license suspension is probated, the board may require the license holder to:(1)  report regularly to the board on matters that are the basis of the probation;(2)  limit practice to the areas prescribed by the board;  or(3)  continue or review professional education until the license holder attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|