reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter H. Practice by License Holder › Section 351.366. Authority to Form Certain Jointly Owned Entities

Sec. 351.366.  AUTHORITY TO FORM CERTAIN JOINTLY OWNED ENTITIES.  (a)  Except as provided by Section 351.361 or 351.457, an optometrist or therapeutic optometrist and a physician may, for the purposes described by Subsection (b), organize, jointly own, and manage any legal entity, including:
(1)  a partnership under the Texas Revised Partnership Act (Article 6132b-1.01 et seq., Vernon's Texas Civil Statutes);
(2)  a limited partnership under the Texas Revised Limited Partnership Act (Article 6132a-1, Vernon's Texas Civil Statutes);  or
(3)  a limited liability company under the Texas Limited Liability Company Act (Article 1528n, Vernon's Texas Civil Statutes).
(b)  An entity authorized under Subsection (a) may:
(1)  own real property, other physical facilities, or equipment for the delivery of health care services or management;
(2)  lease, rent, or otherwise acquire the use of real property, other physical facilities, or equipment for the delivery of health care services or management;  or
(3)  employ or otherwise use a person who is not an optometrist, therapeutic optometrist, or physician for the delivery of health care services or management.
(c)  Only an optometrist, therapeutic optometrist, or physician may have an ownership interest in an entity authorized under Subsection (a).  This subsection does not prohibit an entity from making one or more payments to an owner's estate following the owner's death under an agreement with the owner or as otherwise authorized or required by law.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.157(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter H. Practice by License Holder › Section 351.367. Contract or Employment With Community Health Centers

Sec. 351.367.  CONTRACT OR EMPLOYMENT WITH COMMUNITY HEALTH CENTERS.  (a)  In this section, "community health center" means a health organization that:
(1)  is a nonprofit corporation under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) and Section 501(c)(3), Internal Revenue Code of 1986; and
(2)  is organized and operated as:
(A)  a migrant, community, or homeless health center under the authority of and in compliance with 42 U.S.C. Section 254b or 254c; or
(B)  a federally qualified health center under 42 U.S.C. Section 1396d(l)(2)(B).
(b)  The board by rule shall certify a health organization to contract with or employ an optometrist or therapeutic optometrist if the organization:
(1)  applies for certification on a form approved by the board; and
(2)  presents proof satisfactory to the board that the organization is a community health center.
(c)  A community health center that contracts with or employs an optometrist or therapeutic optometrist under this section may not control or attempt to control the professional judgment of the optometrist or therapeutic optometrist.
Added by Acts 2009, 81st Leg., R.S., Ch. 227 (S.B. 1476), Sec. 1, eff. May 27, 2009.
2023 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 351.401. Prohibited Offer, Representation, or Designation

Sec. 351.401.  PROHIBITED OFFER, REPRESENTATION, OR DESIGNATION.  Unless a person is licensed to practice under this chapter, the person may not:
(1)  offer to practice optometry or therapeutic optometry;
(2)  represent to others that the person is authorized to practice optometry or therapeutic optometry;  or
(3)  use in connection with the person's name a designation implying that the person practices optometry or therapeutic optometry.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 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 351.402. Impersonation Prohibited

Sec. 351.402.  IMPERSONATION PROHIBITED.  A person may not:
(1)  impersonate an optometrist or therapeutic optometrist or falsely assume another name;  or
(2)  buy, sell, or fraudulently obtain an optometry diploma, an optometry or therapeutic optometry license, or a record of registration, or aid or abet in that purchase, sale, or acquisition.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 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 351.403. False, Deceptive, or Misleading Advertising

Sec. 351.403.  FALSE, DECEPTIVE, OR MISLEADING ADVERTISING.  (a)  A person may not publish or display, or cause or permit to be published or displayed, by any means, including by newspaper, radio, television, billboard, or window display, a false, deceptive, or misleading statement or advertisement concerning ophthalmic services or materials.  In this subsection, "ophthalmic materials" include lenses, frames, eyeglasses, or contact lenses, or parts of lenses, frames, eyeglasses, or contact lenses.
(b)  An advertisement of prescription eyeglasses or contact lenses must contain language to the effect that an eye doctor's prescription is required to purchase prescription eyeglasses or contact lenses.
(c)  An advertisement of the price of prescription eyeglasses or contact lenses must contain the following information:
(1)  a statement of whether the cost of an examination, prescription services, and follow-up care by an eye doctor is included in the price;
(2)  if the advertised goods are to be available to the public at the advertised price for less than 30 days after the date of publication of the advertisement, a statement of the time limitation on the offer;
(3)  if the advertised goods are to be available to the public in limited quantities and if no rainchecks are to be given on total depletion of the inventory of the advertised goods, a statement of the total quantity available to all customers;
(4)  if the advertised goods are to be available to the public at a limited number for each customer, a statement of the limit for each customer;  and
(5)  for contact lenses, a statement of the number of lenses included for the price specified.
(d)  A person who fails to satisfy the requirements of Subsection (b) or (c) is considered to have published a false, deceptive, or misleading statement within the meaning of this section.
(e)  A statement required by Subsection (b) or (c) must be readily audible or readable by a person of average comprehension or reading speed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 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 351.404. Eyeglasses as Prize or Inducement

Sec. 351.404.  EYEGLASSES AS PRIZE OR INDUCEMENT.  A person in this state may not give or deliver, or cause to be given or delivered, in any manner, eyeglasses as:
(1)  a prize or premium;  or
(2)  an inducement to sell an item of merchandise, including a book, paper, magazine, or work of literature or art.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 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 351.405. Alteration of Prescription

Sec. 351.405.  ALTERATION OF PRESCRIPTION.  A person may not alter the specifications of an ophthalmic lens prescription without the prescribing doctor's consent.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 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 351.406. Expired Contact Lens Prescription

Sec. 351.406.  EXPIRED CONTACT LENS PRESCRIPTION.  A person may not fill an expired contact lens prescription.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 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 351.407. Governmental Discrimination Prohibited

Sec. 351.407.  GOVERNMENTAL DISCRIMINATION PROHIBITED.  (a)  A program supported by the state or by a political subdivision of the state may not discriminate against a health care practitioner because the practitioner is an optometrist or therapeutic optometrist.
(b)  A law or policy of the state or of a political subdivision of the state that requires or encourages a person to obtain vision care or medical eye care that is within the scope of practice of an optometrist or therapeutic optometrist may not discriminate against a health care practitioner because the practitioner is an optometrist or therapeutic optometrist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 351.507. Informal Proceedings; Informal Settlement Conference and Refunds

Sec. 351.507.  INFORMAL PROCEEDINGS; INFORMAL SETTLEMENT CONFERENCE AND REFUNDS.  (a)  The board by rule shall adopt procedures governing:
(1)  informal disposition of a contested case under Section 2001.056, Government Code; and
(2)  an informal proceeding held in compliance with Section 2001.054, Government Code.
(b)  The board by rule shall establish procedures by which a panel of board members may conduct an informal settlement conference to resolve a complaint against a person licensed under this chapter.
(c)  Procedures established under Subsection (b) must:
(1)  require that at least one board member who represents the public be included in the panel conducting the conference;
(2)  require that the two board members who reviewed and investigated a complaint under Section 351.2036(c) be included in the panel conducting the conference;
(3)  require the panel conducting the conference to use the standardized penalty schedule adopted by the board under Section 351.552(c) to determine the appropriate disciplinary action, if any, to recommend to the board;
(4)  require a complaint settlement recommended by the panel to be approved by the board; and
(5)  require the panel conducting the conference to:
(A)  recommend settlement of the complaint to the board; or
(B)  refer the complaint to the State Office of Administrative Hearings for a formal hearing and notify the board of the referral.
(d)  The board may order a person licensed under this chapter to issue a refund to a patient as provided in an agreement resulting from an informal settlement conference instead of or in addition to assessing an administrative penalty against the person under Subchapter L.  The amount of a refund ordered under this subsection may not exceed the amount the patient paid to the license holder for an examination.  The board may not require payment of other damages or estimate harm in a restitution order.
(e)  Rules adopted under this section must:
(1)  provide the complainant and the license holder with an opportunity to be heard; and
(2)  require the presence of the attorney general to advise the board or the board's employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.020, eff. September 1, 2005.
2023 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 351.508. Recusal Required

Sec. 351.508.  RECUSAL REQUIRED.  A member of the board who reviews and investigates a complaint under Section 351.2036(c) or participates in an informal settlement conference under Section 351.507 may not vote on any disciplinary action following the informal settlement conference concerning the complaint and shall recuse himself or herself from voting on any disciplinary action following the informal settlement conference concerning the complaint.
Added by Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.021, eff. September 1, 2005.
2023 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 351.509. Remedial Plan

Sec. 351.509.  REMEDIAL PLAN. (a) The board may issue and establish the terms of a remedial plan to resolve the investigation of a complaint filed under this chapter.
(b)  A remedial plan may not contain a provision that:
(1)  revokes, suspends, limits, or restricts a person's license or other authorization to practice optometry or therapeutic optometry; or
(2)  assesses an administrative penalty against a person.
(c)  A remedial plan may not be imposed to resolve a complaint:
(1)  concerning:
(A)  a death;
(B)  a hospitalization; or
(C)  the commission of a felony; or
(2)  in which the appropriate resolution may involve a restriction on the manner in which a license holder practices optometry or therapeutic optometry.
(d)  The board may not issue a remedial plan to resolve a complaint against a license holder if the license holder has entered into a remedial plan with the board in the preceding 24 months for the resolution of a different complaint filed under this chapter.
(e)  If a license holder complies with and successfully completes the terms of a remedial plan, the board shall remove all records of the remedial plan from the board's records on the second anniversary of the date the license holder successfully completes the remedial plan.
(f)  The board may assess a fee against a license holder participating in a remedial plan in an amount necessary to recover the costs of administering the plan.
(g)  The board shall adopt rules necessary to implement this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1022 (H.B. 2627), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter L. Administrative Penalty › Section 351.551. Imposition of Penalty

Sec. 351.551.  IMPOSITION OF PENALTY.  The board may impose an administrative penalty on a person licensed or regulated under this chapter who violates this chapter or a rule or order adopted under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter L. Administrative Penalty › Section 351.552. Amount of Penalty

Sec. 351.552.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $2,500 for each violation.  Each day a violation continues or occurs is a separate violation.
(b)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts, and the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2)  the economic harm to property or the environment caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  efforts to correct the violation;  and
(6)  any other matter that justice may require.
(c)  The board by rule shall develop and publish a standardized penalty schedule based on the criteria listed in Subsection (b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.022, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter L. Administrative Penalty › Section 351.553. Report and Notice of Violation and Penalty

Sec. 351.553.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If the executive director or a subcommittee of the board appointed for that purpose determines that a violation has occurred, the executive director or subcommittee may issue a report to the board stating:
(1)  the facts on which the determination is based;  and
(2)  the recommendation of the executive director or subcommittee on the imposition of the administrative penalty, including a recommendation on the amount of the penalty.
(b)  A subcommittee of the board appointed under Subsection (a) must include at least one public member of the board.
(c)  Not later than the 14th day after the date the report is issued, the executive director or subcommittee shall give written notice of the report to the person.  The notice may be given by certified mail.
(d)  The notice issued under this section must:
(1)  include a brief summary of the alleged violation;
(2)  state the amount of the recommended penalty;  and
(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter L. Administrative Penalty › Section 351.554. Penalty to Be Paid or Hearing Requested

Sec. 351.554.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice under Section 351.553, the person in writing may:
(1)  accept the determination and recommended administrative penalty of the executive director or subcommittee;  or
(2)  request a hearing on the occurrence of the violation, the amount of the penalty, or both.
(b)  If the person accepts the determination and recommended penalty of the executive director or subcommittee, the board by order shall approve the determination and impose the recommended penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter L. Administrative Penalty › Section 351.555. Hearing on Recommendations

Sec. 351.555.  HEARING ON RECOMMENDATIONS.  (a)  If the person requests a hearing or fails to respond in a timely manner to the notice, the executive director shall set a hearing and give notice of the hearing to the person.
(b)  An administrative law judge of the State Office of Administrative Hearings shall hold the hearing.  The administrative law judge shall:
(1)  make findings of fact and conclusions of law;  and
(2)  promptly issue to the board a proposal for decision as to the occurrence of the violation and the amount of any proposed administrative penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter L. Administrative Penalty › Section 351.556. Decision by Board

Sec. 351.556.  DECISION BY BOARD.  (a)  Based on the findings of fact, conclusions of law, and proposal for decision, the board by order may determine that:
(1)  a violation occurred and impose an administrative penalty;  or
(2)  a violation did not occur.
(b)  The notice of the board's order given to the person under Chapter 2001, Government Code, must include a statement of the person's right to judicial review of the order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter L. Administrative Penalty › Section 351.557. Options Following Decision: Pay or Appeal

Sec. 351.557.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the board's order becomes final, the person shall:
(1)  pay the administrative penalty;
(2)  pay the penalty and file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both;  or
(3)  without paying the penalty, file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both.
(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account;  or
(B)  giving to the court a supersedeas bond that is approved by the court and that:
(i)  is for the amount of the penalty;  and
(ii)  is effective until judicial review of the board's order is final;  or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond;  and
(B)  giving a copy of the affidavit to the executive director by certified mail.
(c)  If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.
(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter L. Administrative Penalty › Section 351.558. Collection of Penalty

Sec. 351.558.  COLLECTION OF PENALTY.  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter L. Administrative Penalty › Section 351.559. Determination by Court

Sec. 351.559.  DETERMINATION BY COURT.  (a)  If a court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty.
(b)  If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter L. Administrative Penalty › Section 351.560. Remittance of Penalty and Interest

Sec. 351.560.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:
(1)  order that the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty;  or
(2)  order the release of the bond in full if the penalty is not imposed or order the release of the bond after the person pays the penalty imposed if the person posted a supersedeas bond.
(b)  The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter L. Administrative Penalty › Section 351.561. Administrative Procedure

Sec. 351.561.  ADMINISTRATIVE PROCEDURE.  A proceeding under this subchapter is subject to Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter M. Other Penalties and Enforcement Provisions › Section 351.601. Monitoring License Holder

Sec. 351.601.  MONITORING LICENSE HOLDER.  The board by rule shall develop a system for monitoring a license holder's compliance with the requirements of this chapter.  Rules adopted under this section must include procedures to:
(1)  monitor for compliance a license holder who is ordered by the board to perform certain acts;  and
(2)  identify and monitor each license holder who represents a risk to the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.