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 M. Other Penalties and Enforcement Provisions › Section 351.602. Injunction; Damages

Sec. 351.602.  INJUNCTION;  DAMAGES.  (a)  The board may sue in the board's own name to enjoin a violation of this chapter.  This remedy is in addition to any other action authorized by law.
(b)  A person injured by another person who violates Section 351.251, 351.409, or 351.607 may institute an action in district court in Travis County or in the county in which the violation is alleged to have occurred for injunctive relief or damages plus court costs and reasonable attorney's fees.
(c)  A person may institute an action in a district court in the county in which the violation is alleged to have occurred for injunctive relief or damages plus court costs and reasonable attorney's fees if the person is injured by another person who violates:
(1)  Section 351.403;  or
(2)  Section 351.408.
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 351.603. Enforcement by Attorney General or Board; Civil Penalty

Sec. 351.603.  ENFORCEMENT BY ATTORNEY GENERAL OR BOARD;  CIVIL PENALTY.  (a)  The attorney general or board may institute an action in a district court in the county in which a violation of Section 351.251, 351.403, 351.409, or 351.607 is alleged to have occurred for injunctive relief and a civil penalty not to exceed $10,000 for each violation plus court costs and reasonable attorney's fees.
(b)  The attorney general or board may institute an action against a manufacturer, wholesaler, or retailer of ophthalmic goods in a district court in the county in which a violation of Section 351.408 is alleged to have occurred for injunctive relief and a civil penalty not to exceed $1,000 for each day of a violation plus court costs and reasonable attorney's fees.
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 351.604. Deceptive Trade Practices

Sec. 351.604.  DECEPTIVE TRADE PRACTICES.  A violation of any of the following sections is actionable under Subchapter E, Chapter 17, Business & Commerce Code:
(1)  Section 351.251;
(2)  Section 351.403;
(3)  Section 351.408;
(4)  Section 351.409;  or
(5)  Section 351.607.
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 351.605. Lessee Entitled to Remedies

Sec. 351.605.  LESSEE ENTITLED TO REMEDIES.  A person injured as a result of a violation of Section 351.408, including an optometrist who is a lessee of a manufacturer, wholesaler, or retailer, is entitled to the remedies in Sections 351.602(c)(2), 351.603(b), and 351.604(3).
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 351.606. General Criminal Penalty

Sec. 351.606.  GENERAL CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this chapter.
(b)  An offense under Subsection (a) is a misdemeanor punishable by:
(1)  a fine of not less than $100 or more than $1,000;
(2)  confinement in county jail for a term of not less than two months or more than six months;  or
(3)  both the fine and confinement.
(c)  A separate offense is committed each day a violation of this chapter occurs or continues.
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 351.607. Dispensing Contact Lenses; Penalty

Sec. 351.607.  DISPENSING CONTACT LENSES;  PENALTY.  (a)  A person commits an offense if the person dispenses a contact lens by mail or otherwise to a patient in this state without having a valid prescription signed by an optometrist, therapeutic optometrist, or licensed physician.
(b)  An offense under Subsection (a) is a misdemeanor punishable by a fine of $1,000 for each lens dispensed.  The fine is in addition to any other penalty imposed 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 M. Other Penalties and Enforcement Provisions › Section 351.608. Cease and Desist Order

Sec. 351.608.  CEASE AND DESIST ORDER.  (a)  If it appears to the board that a person is engaging in an act or practice that constitutes the practice of optometry or therapeutic optometry without a license or certificate under this chapter, the board, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.
(b)  Notwithstanding Section 351.551, the board may impose an administrative penalty under Subchapter L against a person who violates an order issued under this section.
Added by Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.023, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 353 - Contact Lens Prescription Act › Subchapter A. General Provisions › Section 353.001. Short Title

Sec. 353.001.  SHORT TITLE.  This chapter may be cited as the Contact Lens Prescription Act.
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 353 - Contact Lens Prescription Act › Subchapter A. General Provisions › Section 353.002. Definitions

Sec. 353.002.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 5.318(3), eff. April 2, 2015.
(2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 3.031(3), eff. September 1, 2015.
(2-a)  "Direct communication" includes communication by telephone, facsimile, or electronic mail.
(3)  "Disposable contact lenses" means soft contact lenses that:
(A)  are dispensed in sealed packages;
(B)  are sterilized and sealed by the manufacturer;  and
(C)  according to the physician's, optometrist's, or therapeutic optometrist's instructions concerning wear, have a recommended lens replacement interval of less than three months.
(3-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(4)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 3.031(3), eff. September 1, 2015.
(5)  "Optometrist" means a person licensed to practice optometry or therapeutic optometry by the Texas Optometry Board.
(6)  "Pharmacist" means a person licensed to practice pharmacy by the Texas State Board of Pharmacy.
(7)  "Physician" means a person licensed to practice medicine by the Texas Medical Board.
(8)  "Therapeutic optometrist" means a person licensed to practice therapeutic optometry by the Texas Optometry Board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 2.001, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.035, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.318(3), eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 3.031(3), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 353 - Contact Lens Prescription Act › Subchapter A. General Provisions › Section 353.003. Effect of Chapter

Sec. 353.003.  EFFECT OF CHAPTER.  This chapter does not prevent or restrict a physician from:
(1)  treating or prescribing for a patient;  or
(2)  directing or instructing a person under the physician's control or supervision who assists a patient according to a specific direction, order, instruction, or 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 353 - Contact Lens Prescription Act › Subchapter A. General Provisions › Section 353.004. Public Information on Prescription Release

Sec. 353.004.  PUBLIC INFORMATION ON PRESCRIPTION RELEASE.  The Texas Optometry Board shall prepare and provide to the public and appropriate state agencies information regarding the release and verification of contact lens prescriptions.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 2.002, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.036, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 3.024, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 353 - Contact Lens Prescription Act › Subchapter C. Sale or Delivery of Contact Lenses › Section 353.101. Prohibited Selling or Dispensing

Sec. 353.101.  PROHIBITED SELLING OR DISPENSING.  (a)  A person, other than the prescribing physician, optometrist, or therapeutic optometrist, may not fill a contact lens prescription or sell or dispense contact lenses to a consumer in this state unless the person:
(1)  receives from the prescribing physician, optometrist, or therapeutic optometrist or the consumer, directly or by facsimile, a contact lens prescription that has not expired and that conforms to the requirements of this chapter; or
(2)  verifies by direct communication a contact lens prescription to be filled.
(b)  A person receiving a direct communication under Subsection (a)(2) shall maintain a record of the communication.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 2.004, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 353 - Contact Lens Prescription Act › Subchapter C. Sale or Delivery of Contact Lenses › Section 353.1015. Verification Procedure

Sec. 353.1015.  VERIFICATION PROCEDURE.  (a)  When seeking verification of a contact lens prescription, a person dispensing contact lenses shall provide the prescribing physician, optometrist, or therapeutic optometrist with the following information:
(1)  the patient's full name and address;
(2)  contact lens power, manufacturer, base curve or appropriate designation, and diameter, as appropriate;
(3)  quantity of lenses ordered;
(4)  the date on which the patient requests lenses to be dispensed;
(5)  the date and time of the verification request; and
(6)  the name, telephone number, and facsimile number of a person at the contact lens dispenser's company with whom to discuss the verification.
(b)  A prescription is considered verified under this section if:
(1)  the prescribing physician, optometrist, or therapeutic optometrist by a direct communication confirms that the prescription is accurate;
(2)  the prescribing physician, optometrist, or therapeutic optometrist informs the person dispensing the contact lenses that the prescription is inaccurate and provides the correct prescription information; or
(3)  the prescribing physician, optometrist, or therapeutic optometrist fails to communicate with the person dispensing the contact lenses not later than the eighth business hour after the prescribing physician, optometrist, or therapeutic optometrist receives from the person dispensing the contact lenses the request for verification.
(c)  If a prescribing physician, optometrist, or therapeutic optometrist timely informs the person dispensing the contact lenses that the prescription is inaccurate or invalid, the person may not dispense the contact lenses.
(d)  If a prescribing physician, optometrist, or therapeutic optometrist notifies the person dispensing the contact lenses that the prescription is inaccurate or invalid, the prescribing physician, optometrist, or therapeutic optometrist shall:
(1)  specify the basis for the inaccuracy or invalidity of the prescription; and
(2)  correct the prescription.
Added by Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 2.005, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 3.025, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 353 - Contact Lens Prescription Act › Subchapter C. Sale or Delivery of Contact Lenses › Section 353.102. Accuracy Required

Sec. 353.102.  ACCURACY REQUIRED.  A person who dispenses contact lenses under this chapter from a contact lens prescription shall fill the prescription accurately subject to Section 353.103.
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 353 - Contact Lens Prescription Act › Subchapter C. Sale or Delivery of Contact Lenses › Section 353.103. Authorized Modification of Prescription

Sec. 353.103.  AUTHORIZED MODIFICATION OF PRESCRIPTION.  (a)  If a patient presents a contact lens prescription to be filled or asks a person who dispenses contact lenses to verify a contact lens prescription under Section 353.1015, but requests that fewer than the total number of lenses authorized by the prescription be dispensed, the person dispensing the lenses shall note on the prescription or verification:
(1)  the number of lenses dispensed;
(2)  the number of lenses that remain eligible to be dispensed under the prescription; and
(3)  the name, address, and telephone number of the person dispensing the lenses.
(b)  A notation under Subsection (a) is a permanent modification of the prescription.  Except as provided by this subsection, a contact lens prescription may not be modified.
(c)  The person dispensing the lenses shall:
(1)  maintain a photocopy of the prescription or verification, as modified, in the person's records as if the copy were the prescription to be filled; and
(2)  return a prescription to the patient so that the patient may have the additional lenses dispensed elsewhere.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 2.006, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 3.026, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 353 - Contact Lens Prescription Act › Subchapter C. Sale or Delivery of Contact Lenses › Section 353.104. Emergency Refill

Sec. 353.104.  EMERGENCY REFILL.  (a)  If a patient needs an emergency refill of the patient's contact lens prescription, a physician, optometrist, or therapeutic optometrist may telephone or fax the prescription to a person who dispenses contact lenses or may verify a prescription under Section 353.1015.
(b)  A fax or telephone record received under Subsection (a) must include the name, address, telephone number, and license number of the physician, optometrist, or therapeutic optometrist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 2.006, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 3.027, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 353 - Contact Lens Prescription Act › Subchapter C. Sale or Delivery of Contact Lenses › Section 353.105. Alteration of Prescription Prohibited

Sec. 353.105.  ALTERATION OF PRESCRIPTION PROHIBITED.  (a)  Except as provided by Subsection (b) and Section 353.103, a person dispensing contact lenses may not alter a contact lens prescription.
(b)  A person dispensing contact lenses may fill a contact lens prescription that requires a contact lens manufactured by a particular company with another lens manufactured by that company if the lens required by the prescription and the lens with which the prescription is filled are the same lens but are sold by the company under multiple labels to different contact lens dispensers.
Added by Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 2.007, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 353 - Contact Lens Prescription Act › Subchapter D. Contact Lens Prescriptions › Section 353.151. Directions for Independent Dispenser; Delegation

Sec. 353.151.  DIRECTIONS FOR INDEPENDENT DISPENSER; DELEGATION.  (a)  If a physician's directions, instructions, or orders are to be performed or a physician's prescription is to be filled by a person who is independent of the physician's office, the directions, instructions, orders, or prescription must be:
(1)  in writing or verified under Section 353.1015;
(2)  of a scope and content and communicated to the person in a form and manner that, in the professional judgment of the physician, best serves the health, safety, and welfare of the physician's patient; and
(3)  in a form and detail consistent with the person's skill and knowledge.
(b)  A person who dispenses contact lenses may measure the eye or cornea and may evaluate the physical fit of lenses for a particular patient of a physician if the physician has delegated in writing those responsibilities regarding that patient to the person in accordance with Subsection (a) and Section 351.005.
(c)  If a physician notes on a spectacle prescription "fit for contacts" or similar language and has, as required by Subsections (a) and (b), specifically delegated to a specific person the authority to make the additional measurements and evaluations necessary for a fully written contact lens prescription, the person may dispense contact lenses to the patient even though the prescription is less than a fully written contact lens prescription.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 2.008, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 3.028, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 353 - Contact Lens Prescription Act › Subchapter D. Contact Lens Prescriptions › Section 353.152. Requirements for Contact Lens Prescription

Sec. 353.152.  REQUIREMENTS FOR CONTACT LENS PRESCRIPTION.  (a)  A contact lens prescription must contain, at a minimum:
(1)  the patient's name;
(2)  the date the prescription was issued;
(3)  the manufacturer of the contact lens to be dispensed, if needed;
(4)  the expiration date of the prescription;
(5)  the signature of the physician, optometrist, or therapeutic optometrist or a verification of the prescription described by Section 353.1015;
(6)  if the prescription is issued by an optometrist, specification information required by Texas Optometry Board rule; and
(7)  if the prescription is issued by a physician, specification information required by Texas Medical Board rule.
(b)  The Texas Optometry Board and the Texas Medical Board may adopt rules regarding the contents of a prescription for contact lenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 2.009, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.042, eff. April 2, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 353 - Contact Lens Prescription Act › Subchapter D. Contact Lens Prescriptions › Section 353.153. Term of Prescription

Sec. 353.153.  TERM OF PRESCRIPTION.  A physician, optometrist, or therapeutic optometrist may not issue a contact lens prescription that expires before the first anniversary of the date the patient's prescription parameters are determined, unless a shorter prescription period is warranted by the patient's ocular health or by potential harm to the patient's ocular health.
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 353 - Contact Lens Prescription Act › Subchapter D. Contact Lens Prescriptions › Section 353.154. Short-Term Prescription

Sec. 353.154.  SHORT-TERM PRESCRIPTION.  If a physician, optometrist, or therapeutic optometrist writes a contact lens prescription for a period of less than one year, the physician, optometrist, or therapeutic optometrist shall:
(1)  give the patient a verbal explanation of the reason for the action at the time of the action;  and
(2)  maintain in the patient's records a written explanation of the reason.
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 353 - Contact Lens Prescription Act › Subchapter D. Contact Lens Prescriptions › Section 353.155. Extension of Prescription

Sec. 353.155.  EXTENSION OF PRESCRIPTION.  (a)  A physician, optometrist, or therapeutic optometrist may extend the expiration date for a contact lens prescription without completing another eye examination.
(b)  On request by a patient, a prescribing physician, optometrist, or therapeutic optometrist shall authorize at least once a two-month extension of the patient's contact lens prescription.  The physician, optometrist, or therapeutic optometrist may extend the prescription in accordance with Section 353.104.
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 353 - Contact Lens Prescription Act › Subchapter D. Contact Lens Prescriptions › Section 353.156. Patient Access to Prescription; Timing

Sec. 353.156.  PATIENT ACCESS TO PRESCRIPTION; TIMING.  (a)  A physician, optometrist, or therapeutic optometrist who performs an eye examination and fits a patient for contact lenses shall:
(1)  prepare and give a contact lens prescription to the patient; and
(2)  as directed by any person designated to act on behalf of the patient, provide the prescription or verify the prescription as provided by Section 353.1015.
(b)  If the contact lens prescription results from an initial or annual eye examination, the physician, optometrist, or therapeutic optometrist shall prepare and give the prescription to the patient at the time the physician, optometrist, or therapeutic optometrist determines the parameters of the prescription.
(c)  On receipt of a prescription request from a patient who did not receive an original contact lens prescription during an initial or annual eye examination, the physician, optometrist, or therapeutic optometrist shall provide the patient with the prescription at any time during which the prescription is valid.  Except as provided by Section 353.158(1), if the patient requests the physician, optometrist, or therapeutic optometrist to deliver the prescription to the patient or to another person, the physician, optometrist, or therapeutic optometrist may charge to the patient the cost of delivery.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 2.010, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 353 - Contact Lens Prescription Act › Subchapter D. Contact Lens Prescriptions › Section 353.157. Limitations on or Refusal to Give Prescription

Sec. 353.157.  LIMITATIONS ON OR REFUSAL TO GIVE PRESCRIPTION.  (a)  A physician, optometrist, or therapeutic optometrist may exclude categories of contact lenses from a contact lens prescription if the exclusion is clinically indicated.
(b)  Notwithstanding Section 353.156, a physician, optometrist, or therapeutic optometrist may refuse to give a contact lens prescription to a patient if:
(1)  the patient's ocular health presents a contraindication for contact lenses;
(2)  refusal is warranted due to potential harm to the patient's ocular health;
(3)  the patient has a medical condition indicating that:
(A)  the patient's ocular health would be damaged if the prescription were released to the patient;  or
(B)  further monitoring of the patient is needed;
(4)  the patient has not paid for the examination and fitting or has not paid other financial obligations to the physician, optometrist, or therapeutic optometrist if the patient would have been required to make an immediate or similar payment if the examination revealed that ophthalmic goods were not required;  or
(5)  the request is made after the first anniversary of the date of the patient's last eye examination.
(c)  If a physician, optometrist, or therapeutic optometrist refuses to give a patient the patient's contact lens prescription for a reason permitted under Subsection (b), the physician, optometrist, or therapeutic optometrist must:
(1)  give the patient a verbal explanation of the reason for the action at the time of the action;  and
(2)  maintain in the patient's records a written explanation of the reason.
(d)  Subsection (b) does not prohibit a physician, optometrist, or therapeutic optometrist from giving a patient the patient's 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 353 - Contact Lens Prescription Act › Subchapter D. Contact Lens Prescriptions › Section 353.158. Prohibited Action by Physician, Optometrist, or Therapeutic Optometrist

Sec. 353.158.  PROHIBITED ACTION BY PHYSICIAN, OPTOMETRIST, OR THERAPEUTIC OPTOMETRIST.  A physician, optometrist, or therapeutic optometrist may not:
(1)  charge a patient a fee in addition to or as part of the examination fee and fitting fee as a condition for issuing or verifying a contact lens prescription; or
(2)  condition the availability to a patient of an eye examination, a fitting for contact lenses, the issuance or verification of a contact lens prescription, or a combination of those services on a requirement that the patient agree to purchase contact lenses or other ophthalmic goods from the physician, optometrist, or therapeutic optometrist or from a specific ophthalmic dispenser.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 2.011, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 353 - Contact Lens Prescription Act › Subchapter D. Contact Lens Prescriptions › Section 353.159. Waiver or Disclaimer of Liability Prohibited

Sec. 353.159.  WAIVER OR DISCLAIMER OF LIABILITY PROHIBITED.  A contact lens prescription may not contain, and a physician, optometrist, or therapeutic optometrist may not require a patient to sign, a form or notice that waives or disclaims the liability of the physician, optometrist, or therapeutic optometrist for the accuracy of:
(1)  the eye examination on which a contact lens prescription provided to the patient is based;  or
(2)  a contact lens prescription provided to the patient.
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 353 - Contact Lens Prescription Act › Subchapter E. Liability and Enforcement › Section 353.201. Liability for Use of Prescription

Sec. 353.201.  LIABILITY FOR USE OF PRESCRIPTION.  A physician, optometrist, or therapeutic optometrist is not liable for a patient's subsequent use of a contact lens prescription if:
(1)  the physician, optometrist, or therapeutic optometrist does not reexamine the patient;  and
(2)  the patient's condition, age, general health, and susceptibility to an adverse reaction caused by or related to the use of contact lenses or other factors result in the patient no longer being a proper candidate for the contact lens prescribed.
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 353 - Contact Lens Prescription Act › Subchapter E. Liability and Enforcement › Section 353.204. Enforcement Proceedings

Sec. 353.204.  ENFORCEMENT PROCEEDINGS.  (a)  The appropriate regulatory agency, the attorney general, or the district or county attorney for the county in which an alleged violation of this chapter occurs shall, on receipt of a verified complaint, initiate an appropriate administrative or judicial proceeding to enforce this chapter and the rules adopted under this chapter.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 3.031(9), eff. September 1, 2015.
(c)  The Texas Medical Board is responsible for enforcing this chapter with regard to a violation of this chapter by a physician. A violation of this chapter by a physician is considered to be a violation of Subtitle B.
(d)  The Texas Optometry Board is responsible for enforcing this chapter with regard to a violation of this chapter by an optometrist or a therapeutic optometrist.  A violation of this chapter by an optometrist or a therapeutic optometrist is considered to be a violation of Chapter 351.
(e)  The Texas State Board of Pharmacy is responsible for enforcing this chapter with regard to a violation of this chapter by a pharmacist.  A violation of this chapter by a pharmacist is considered to be a violation of Subtitle J.
(f)  The attorney general or an attorney representing the state may bring an action for an injunction to prohibit a person from violating this chapter or a rule adopted under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.044, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 3.031(9), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 353 - Contact Lens Prescription Act › Subchapter E. Liability and Enforcement › Section 353.206. Civil Penalty

Sec. 353.206.  CIVIL PENALTY.  In addition to granting injunctive or other relief provided by law, a court may impose a civil penalty for a violation of this chapter or a rule 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 353 - Contact Lens Prescription Act › Subchapter E. Liability and Enforcement › Section 353.207. Criminal Penalty

Sec. 353.207.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this chapter.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter A. General Provisions › Section 401.001. Definitions

Sec. 401.001.  DEFINITIONS.  In this chapter:
(1)  "Advisory board" means the Speech-Language Pathologists and Audiologists Advisory Board.
(1-a)  "Audiologist" means a person who meets the qualifications of this chapter to practice audiology.
(2)  "Audiology" means the application of nonmedical principles, methods, and procedures for measurement, testing, appraisal, prediction, consultation, counseling, habilitation, rehabilitation, or instruction related to disorders of the auditory or vestibular systems for the purpose of providing or offering to provide services modifying communicative disorders involving speech, language, or auditory or vestibular function or other aberrant behavior relating to hearing loss.
(3)  "Commission" means the Texas Commission of Licensing and Regulation.
(4)  "Department" means the Texas Department of Licensing and Regulation.
(4-a)  "Executive director" means the executive director of the department.
(4-b) "Fitting and dispensing hearing instruments," "hearing instrument," "over-the-counter hearing aid," and "sale" have the meanings assigned to those terms by Section 402.001.
(5)  "Speech-language pathologist" means a person who meets the qualifications of this chapter to practice speech-language pathology.
(6)  "Speech-language pathology" means the application of nonmedical principles, methods, and procedures for measurement, testing, evaluation, prediction, counseling, habilitation, rehabilitation, or instruction related to the development and disorders of communication, including speech, voice, language, oral pharyngeal function, or cognitive processes, for the purpose of evaluating, preventing, or modifying or offering to evaluate, prevent, or modify those disorders and conditions in an individual or a group.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 619 (S.B. 662), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.040, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter B. Application of Chapter › Section 401.051. Physicians

Sec. 401.051.  PHYSICIANS.  (a)  This chapter does not prevent or restrict a physician from engaging in the practice of medicine in this state.
(b)  This chapter does not restrict a licensed physician from personally conducting a speech or hearing test or evaluation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter B. Application of Chapter › Section 401.052. Nurses

Sec. 401.052.  NURSES.  This chapter does not prevent or restrict a communication, speech, language, or hearing screening, as defined by commission rule, from being conducted by a registered nurse:
(1)  licensed in this state; and
(2)  practicing in accordance with the standards of professional conduct and ethics established by rules adopted by the Texas Board of Nursing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 46, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.041, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter B. Application of Chapter › Section 401.053. Persons Trained by Department of State Health Services

Sec. 401.053.  PERSONS TRAINED BY DEPARTMENT OF STATE HEALTH SERVICES.  (a)  This chapter does not apply to a person who shows evidence of having received training by the Department of State Health Services in a communication, speech, language, or hearing screening training program approved by that department if the person's activity is limited to screening as defined by commission rule.
(b)  A person who has received training by the Department of State Health Services in a program under Subsection (a) may not:
(1)  practice speech-language pathology or audiology; or
(2)  represent that the person is a speech-language pathologist or audiologist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.042, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter B. Application of Chapter › Section 401.054. Persons Certified by Texas Education Agency

Sec. 401.054.  PERSONS CERTIFIED BY TEXAS EDUCATION AGENCY.  (a)  This chapter does not prevent or restrict the activities and services or the use of an official title by a person who is certified in speech-language pathology by the Texas Education Agency if the person only performs speech-language pathology or audiology services as part of the person's duties within an agency, institution, or organization under the jurisdiction of the Texas Education Agency.
(b)  The Texas Education Agency certificate in speech-language pathology must require an applicant to:
(1)  hold a master's degree in communicative disorders or the equivalent from a university program accredited by the American Speech-Language-Hearing Association; and
(2)  pass a national examination in speech-language pathology or audiology approved by the department.
(c)  A person affected by this section who performs work as a speech-language pathologist or audiologist in addition to performing the person's duties within an agency, institution, or organization under the jurisdiction of the Texas Education Agency is required to hold a license issued by the department unless that work is limited to speech and hearing screening procedures performed without compensation.
(d)  For the purposes of Subsection (b)(1), an applicant's educational credentials are equivalent to a master's degree in communicative disorders if the credentials:
(1)  consist of graduate-level course work and practicum from a program accredited by the American Speech-Language-Hearing Association; and
(2)  meet requirements that are the same as those established by the department for a license in speech-language pathology or audiology.
(e)  The clinical fellowship year experience or internship may not be a requirement for the Texas Education Agency certificate in speech-language pathology.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.043, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter B. Application of Chapter › Section 401.055. University or College Teachers

Sec. 401.055.  UNIVERSITY OR COLLEGE TEACHERS.  This chapter does not restrict the use of an official title by a person teaching in a university or college training program, if the person:
(1)  is not engaged in the practice of speech-language pathology or audiology;  and
(2)  does not supervise a person engaged in the practice of speech-language pathology or audiology.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter B. Application of Chapter › Section 401.056. Students

Sec. 401.056.  STUDENTS.  This chapter does not restrict the activities and services of a student pursuing a course of study leading to a degree in speech-language pathology or audiology at a college or university accredited by the Southern Association of Colleges and Universities or its equivalent if:
(1)  the activities and services are part of the student's supervised course of study;
(2)  the student is supervised by a person licensed under this chapter;  and
(3)  the student is designated as a "Speech-Language Pathology Trainee," an "Audiology Trainee," or by another title that clearly indicates the student's professional preparation status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter B. Application of Chapter › Section 401.057. Hearing Conservation Program

Sec. 401.057.  HEARING CONSERVATION PROGRAM.  This chapter does not prevent a person in an industrial setting from engaging in hearing testing as a part of a hearing conservation program in compliance with federal Occupational Safety and Health Administration regulations.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 40 (S.B. 312), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter B. Application of Chapter › Section 401.058. Application to Hearing Instrument Fitters and Dispensers

Sec. 401.058.  APPLICATION TO HEARING INSTRUMENT FITTERS AND DISPENSERS.  (a)  This chapter does not prohibit, prevent, or restrict a person licensed under Chapter 402 from engaging in the practice of fitting and dispensing hearing instruments.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 9, eff. June 18, 2023.
(c)  A person who is not an audiologist who is licensed to fit and dispense hearing instruments under Chapter 402 may not:
(1)  practice speech-language pathology or audiology;  or
(2)  represent that the person is a speech-language pathologist or audiologist by the use of any term restricted by this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 2, eff. June 18, 2023.
Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 9, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter B. Application of Chapter › Section 401.059. Application to Other Licensed Professionals

Sec. 401.059.  APPLICATION TO OTHER LICENSED PROFESSIONALS.  This chapter does not prevent a person licensed in this state under another law from engaging in the profession for which the person is licensed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter B. Application of Chapter › Section 401.060. Medical Practice

Sec. 401.060.  MEDICAL PRACTICE.  This chapter does not permit a person to perform an act that violates Subtitle B.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter B. Application of Chapter › Section 401.061. Over-the-Counter Hearing AIDS

Sec. 401.061.  OVER-THE-COUNTER HEARING AIDS.  (a)  Except as provided by this section, this chapter does not apply to servicing, marketing, selling, dispensing, providing customer support for, acquiring, or distributing over-the-counter hearing aids, regardless of whether the transaction occurs in person, online, or through other means.
(b)  A person is not required to obtain a license under this chapter or Chapter 402 to engage in an activity described by Subsection (a).
(c)  A person may not use the title "licensed dispenser" or "licensed seller" with respect to over-the-counter hearing aids or otherwise represent that the person holds a license to sell or dispense over-the-counter hearing aids unless the person is licensed as an audiologist or audiologist intern under this chapter or as a hearing instrument fitter and dispenser under Chapter 402.
(d)  The supervision, prescription, order, involvement, or intervention of a person licensed in this state is not required under this chapter for a consumer to access over-the-counter hearing aids.
(e)  A person licensed under this chapter may service, market, sell, dispense, provide customer support for, or distribute over-the-counter hearing aids.  These activities do not exempt a person licensed under this chapter from any applicable provision of this chapter or Chapter 402.
Added by Acts 2023, 88th Leg., R.S., Ch. 960 (S.B. 2017), Sec. 3, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter C. Speech-Language Pathologists and Audiologists Advisory Board › Section 401.102. Advisory Board Membership

Sec. 401.102.  ADVISORY BOARD MEMBERSHIP.  (a)  The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows:
(1)  three audiologist members;
(2)  three speech-language pathologist members; and
(3)  three members who represent the public.
(b)  Advisory board members must:
(1)  be from the various geographic regions of the state; and
(2)  be from varying employment settings.
(c)  The advisory board members appointed under Subsections (a)(1) and (2) must:
(1)  have been engaged in teaching, research, or providing services in speech-language pathology or audiology for at least five years; and
(2)  be licensed under this chapter.
(d)  One of the public advisory board members must be a physician licensed in this state and certified in otolaryngology or pediatrics.
(e)  Appointments to the advisory board shall be made without regard to the race, creed, sex, religion, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.045, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 2.001, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle G - Professions Related to Hearing, Speech, and Dyslexia › Chapter 401 - Speech-Language Pathologists and Audiologists › Subchapter C. Speech-Language Pathologists and Audiologists Advisory Board › Section 401.10205. Duties of Advisory Board

Sec. 401.10205.  DUTIES OF ADVISORY BOARD.  The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.046, eff. September 1, 2015.