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 B. Texas Optometry Board › Section 351.053. Membership and Employee Restrictions; Conflicts of Interest

Sec. 351.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS; CONFLICTS OF INTEREST.  (a)  A member or employee of the board may not:
(1)  be a member of the faculty of a college of optometry or an agent, paid consultant, officer, or employee of a wholesale optical company;
(2)  have a financial interest in a college of optometry or wholesale optical company;
(3)  be an officer, employee, or paid consultant of a trade association in the field of health care;  or
(4)  be related within the second degree by affinity or consanguinity, as determined under Chapter 573, Government Code, to a person who is an officer, employee, or paid consultant of a trade association in the field of health care.
(b)  A person may not serve as a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
(c)  A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.
(d)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.002, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.003, 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 B. Texas Optometry Board › Section 351.054. Terms

Sec. 351.054.  TERMS.  (a)  Members of the board serve staggered six-year terms.  The terms of two optometrist or therapeutic optometrist members and one public member expire on January 31 of each odd-numbered year.
(b)  A member may not serve more than two complete terms.  Service on the board before September 1, 1981, does not count toward that limitation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1092, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter B. Texas Optometry Board › Section 351.055. Officers

Sec. 351.055.  OFFICERS.  (a)  The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor.
(b)  The board shall elect an assistant presiding officer and a secretary-treasurer every two years.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1092, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.004, 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 B. Texas Optometry Board › Section 351.056. Grounds for Removal

Sec. 351.056.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of taking office the qualifications required by Sections 351.051 and 351.052;
(2)  does not maintain during service on the board the qualifications required by Sections 351.051 and 351.052;
(3)  is ineligible for membership under Section 351.051 or 351.053;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  without an excuse approved by a majority vote of the board, is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  A board member who no longer has the qualifications required by Sections 351.051, 351.052, and 351.053 shall immediately inform the governor and the attorney general of that fact and shall resign from the board.
(d)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.005, 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 B. Texas Optometry Board › Section 351.057. Per Diem; Reimbursement

Sec. 351.057.  PER DIEM;  REIMBURSEMENT.  (a)  A board member is entitled to a per diem as set by legislative appropriation for each day that the member engages in the business of the board.
(b)  A board member may be reimbursed for actual travel expenses, including expenses for meals, lodging, and transportation.  A board member is entitled to reimbursement for transportation expenses as provided by the General Appropriations Act.
(c)  At the time a board member applies for reimbursement under this section, the member shall make a sworn statement of the number of days the member engaged in the business of the board and the amount of the member's expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter B. Texas Optometry Board › Section 351.058. Meetings

Sec. 351.058.  MEETINGS.  (a)  At least twice a year the board shall hold regular meetings.
(b)  The board shall hold special meetings on the request of five members of the board or on the call of the presiding officer.
(c)  If a quorum is not present on the day set for a meeting, the members present may adjourn from day to day until a quorum is present, but that period may not exceed three successive days.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter B. Texas Optometry Board › Section 351.0585. Certain Reports Required at Regular Meetings

Sec. 351.0585.  CERTAIN REPORTS REQUIRED AT REGULAR MEETINGS.  The board shall receive a report regarding complaints at each board meeting.
Added by Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.006, 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 B. Texas Optometry Board › Section 351.059. Training

Sec. 351.059.  TRAINING.  (a)  The board shall establish a training program for the members of the board in consultation with the governor, the attorney general, and the Texas Ethics Commission.
(b)  A person who is appointed to and qualifies for office as a board member may not vote, deliberate, or be counted as a member in attendance at a board meeting until the person completes a training program that complies with this section.
(c)  The training program must provide the person with information regarding:
(1)  the law governing board operations;
(2)  the board's programs, functions, rules, and budget;
(3)  the scope of and limitations on the rulemaking authority of the board;
(4)  the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including rules, interpretations, and enforcement actions that:
(A)  regulate the scope of practice of persons in a profession or business the board regulates;
(B)  restrict advertising by persons in a profession or business the board regulates;
(C)  affect the price of goods or services provided by persons in a profession or business the board regulates; and
(D)  restrict participation in a profession or business the board regulates;
(5)  the results of the most recent formal audit of the board;
(6)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedures, and disclosure of conflicts-of-interest; and
(B)  other laws applicable to members of the board in performing their duties; and
(7)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(d)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for travel expenses incurred in attending a training program under this section, regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(e)  The executive director of the board shall create a training manual that includes the information required by Subsection (c).  The executive director shall distribute a copy of the training manual annually to each board member.  On receipt of the training manual, each board member shall sign and submit to the executive director a statement acknowledging receipt of the training manual.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.007, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 385 (S.B. 314), Sec. 2, 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 C. Executive Director and Other Agency Personnel › Section 351.101. Executive Director

Sec. 351.101.  EXECUTIVE DIRECTOR.  The board may employ an executive director as the executive head of the agency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter C. Executive Director and Other Agency Personnel › Section 351.103. Staff Attorney

Sec. 351.103.  STAFF ATTORNEY.  The board is authorized to employ a staff attorney.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter C. Executive Director and Other Agency Personnel › Section 351.104. Other Personnel

Sec. 351.104.  OTHER PERSONNEL.  The board may employ personnel necessary to administer this chapter, including stenographers, secretaries, inspectors, and legal assistants.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter C. Executive Director and Other Agency Personnel › Section 351.105. Division of Responsibilities

Sec. 351.105.  DIVISION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and the staff of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.008, 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 C. Executive Director and Other Agency Personnel › Section 351.106. Qualifications and Standards of Conduct Information

Sec. 351.106.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The board shall provide, as often as necessary, to its members and employees information regarding their:
(1)  qualifications for office or employment under this chapter;  and
(2)  responsibilities under applicable law relating to standards of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter C. Executive Director and Other Agency Personnel › Section 351.107. Career Ladder Program; Performance Evaluations

Sec. 351.107.  CAREER LADDER PROGRAM;  PERFORMANCE EVALUATIONS.  (a)  The executive director or the executive director's designee shall develop an intra-agency career ladder program.  The program must require intra-agency posting of all nonentry level positions concurrently with any public posting.
(b)  The executive director or the executive director's designee shall develop a system of annual performance evaluations based on measurable job tasks.  All merit pay for board employees must be based on the system established under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter C. Executive Director and Other Agency Personnel › Section 351.108. Equal Opportunity Policy; Report

Sec. 351.108.  EQUAL OPPORTUNITY POLICY;  REPORT.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel, that are in compliance with the requirements of Chapter 21, Labor Code;
(2)  a comprehensive analysis of the board workforce that meets federal and state guidelines;
(3)  procedures by which a determination can be made of significant underuse in the board workforce of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of significant underuse.
(b)  A policy statement prepared under Subsection (a) must:
(1)  cover an annual period;
(2)  be updated annually;
(3)  be reviewed by the Commission on Human Rights for compliance with Subsection (a)(1);  and
(4)  be filed with the governor.
(c)  The governor shall deliver a biennial report to the legislature based on information received under Subsection (b).  The report may be made separately or as part of other biennial reports made to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter D. Powers and Duties › Section 351.151. Rules

Sec. 351.151.  RULES.  (a)  The board by a majority vote of a quorum may adopt procedural and substantive rules.
(b)  The board may not adopt a substantive rule before submitting the proposed rule to the attorney general for a ruling on the proposed rule's validity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1092, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter D. Powers and Duties › Section 351.152. Fees

Sec. 351.152.  FEES.  (a)  The board shall set fees in amounts reasonable and necessary so that in the aggregate the fees produce sufficient revenue to cover the cost of administering this chapter.  The board shall set fee amounts so as not to maintain an unnecessary fund balance.
(b)  The board shall set fees under this section only for acts or services performed or provided by the board, including:
(1)  an examination;
(2)  a re-examination;
(3)  an issuance of a license;
(4)  a renewal of a license;  and
(5)  an issuance of a duplicate license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1092, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 385 (S.B. 314), Sec. 19, 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 D. Powers and Duties › Section 351.154. Application of Fees

Sec. 351.154.  APPLICATION OF FEES.  (a)  Except as otherwise provided by this section, the board shall apply the funds realized from all fees payable under this chapter first to pay all necessary expenses of the board and then, by order of the board, to compensate members of the board.
(b)  The board shall deposit in the University of Houston development fund 15 percent of each renewal fee collected by the board under Section 351.152.  The money paid to that fund under this subsection may be used solely for scholarships or improvements in the physical facilities, including library facilities, of the College of Optometry.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 385 (S.B. 314), Sec. 3, 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 D. Powers and Duties › Section 351.155. Rules Restricting Advertising or Competitive Bidding

Sec. 351.155.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)  The board may not adopt a rule restricting advertising or competitive bidding by a person regulated by the board except to prohibit a false, misleading, or deceptive practice.
(b)  The board may not include in rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that:
(1)  restricts the use of any advertising medium;
(2)  restricts the person's personal appearance or use of the person's voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the person;
(4)  restricts the person's advertisement under a trade name;
(5)  restricts a truthful statement regarding:
(A)  the address or telephone number of an office maintained by the person;
(B)  office hours regularly maintained by the person;
(C)  languages, other than English, fluently spoken in the person's office;
(D)  whether the person provides services under a specified private or public insurance plan or health care plan;
(E)  publications authored by the person;
(F)  a teaching position held or formerly held by the person and the dates the position was held;
(G)  an affiliation with a hospital or clinic;
(H)  the fact that the person regularly accepts installment payment of fees;
(I)  the manufacturer, designer, style, make, trade name, brand name, color, size, or type of commodities advertised;  or
(J)  other factual information that is not false, fraudulent, misleading, or likely to deceive;  or
(6)  restricts a truthful statement that relates to public health or that encourages preventive or corrective care.
(c)  Subsection (b) does not prevent the board from restricting advertising that is false, fraudulent, misleading, or likely to deceive.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter D. Powers and Duties › Section 351.156. Board Duties Regarding Complaints

Sec. 351.156.  BOARD DUTIES REGARDING COMPLAINTS.  (a)  The board by rule shall:
(1)  adopt a form to standardize information concerning complaints made to the board;  and
(2)  prescribe information to be provided to a person when the person files a complaint with the board.
(b)  The board shall provide reasonable assistance to a person who wishes to file a complaint with the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter D. Powers and Duties › Section 351.157. Enforcement

Sec. 351.157.  ENFORCEMENT.  (a)  The board, a committee of the board, or a member of the board or a committee may:
(1)  issue a subpoena or subpoena duces tecum to compel the attendance of a witness or the production of books, records, or documents;
(2)  administer an oath;  or
(3)  take testimony on all matters in the jurisdiction of the board, committee, or member.
(b)  The board is not bound by strict rules of procedure or by the laws of evidence in conducting board proceedings but shall base a determination on sufficient legal evidence to sustain the determination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter D. Powers and Duties › Section 351.1575. Inspection of Premises and Review of Records Authorized

Sec. 351.1575.  INSPECTION OF PREMISES AND REVIEW OF RECORDS AUTHORIZED.  (a)  The board, at any time and without notice during regular business hours, may:
(1)  enter and inspect a facility operated by a person engaged in any activity regulated under this chapter; and
(2)  to the extent allowed by federal law, inspect and review any record, including a patient record, maintained by a person engaged in any activity regulated under this chapter.
(b)  The board may enter and inspect a facility or inspect and review any record under Subsection (a) as necessary to:
(1)  ensure compliance with this chapter; or
(2)  investigate a complaint made to the board.
Added by Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.009, 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 D. Powers and Duties › Section 351.158. Legal Representation

Sec. 351.158.  LEGAL REPRESENTATION.  (a)  In a hearing before the board or in a suit in which the board is a party, the board may appoint the board's staff attorney as an attorney of record for the board, except that the staff attorney is subordinate to a county attorney, district attorney, or attorney general if one of those attorneys is also an attorney of record in the proceeding.
(b)  In a suit in which the board is a party, the board may appoint the staff attorney as special assistant to the county attorney, district attorney, or attorney general.  The board must pay the staff attorney.
(c)  This section does not limit or exclude the right of the county attorney, district attorney, or attorney general to appear as the board's attorney in the court to which that attorney is entitled or required under the constitution to represent the state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter D. Powers and Duties › Section 351.159. Committee Appointments and Recommendations

Sec. 351.159.  COMMITTEE APPOINTMENTS AND RECOMMENDATIONS.  (a)  The board may appoint committees from its own membership.
(b)  A committee shall consider any matter referred to the committee relating to the enforcement of this chapter and rules adopted under this chapter.  The committee shall make a recommendation on the matter to the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter D. Powers and Duties › Section 351.160. Pharmaceutical Agents

Sec. 351.160.  PHARMACEUTICAL AGENTS.  The board by rule shall designate classifications of pharmaceutical agents that therapeutic optometrists may use in the practice of therapeutic optometry as authorized by this chapter.  Additional classifications of medications authorized by Section 351.165(c)(3) may only be approved as provided by that section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.152(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter D. Powers and Duties › Section 351.161. Seal; Design of License

Sec. 351.161.  SEAL;  DESIGN OF LICENSE.  The board shall adopt an official seal and a license of suitable design.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter D. Powers and Duties › Section 351.162. Office

Sec. 351.162.  OFFICE.  The board shall maintain an office in which it keeps all permanent records.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter D. Powers and Duties › Section 351.163. Board Records

Sec. 351.163.  BOARD RECORDS.  (a)  The board shall keep a record of its proceedings.
(b)  The board may keep a record of any information the board wants to record.  The board shall keep a record of:
(1)  the name, age, and present legal and mailing address of each applicant for examination;
(2)  the name and location of the school of optometry from which the applicant holds credentials;
(3)  the time devoted by the applicant to the study and practice of optometry;  and
(4)  whether the board rejects or licenses the applicant.
(c)  A certified copy of the record described by Subsection (b), marked with the hand and seal of the executive director, is:
(1)  admissible evidence in all courts;  and
(2)  prima facie evidence of all matters contained in the record.
(d)  The executive director shall number and record each license or renewal certificate issued by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.153(a), eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 385 (S.B. 314), Sec. 4, 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 D. Powers and Duties › Section 351.166. Information Provided to License Holders

Sec. 351.166.  INFORMATION PROVIDED TO LICENSE HOLDERS.  At least once each biennium, the board shall provide to license holders information on:
(1)  prescribing and dispensing pain medications, with particular emphasis on Schedule II and Schedule III controlled substances;
(2)  abusive and addictive behavior of certain persons who use prescription pain medications;
(3)  common diversion strategies employed by certain persons who use prescription pain medications, including fraudulent prescription patterns;  and
(4)  the appropriate use of pain medications and the differences between addiction, pseudo-addiction, tolerance, and physical dependence.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 6, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter D. Powers and Duties › Section 351.167. Poison Control Center Information

Sec. 351.167.  POISON CONTROL CENTER INFORMATION.  The board shall provide to license holders information regarding the services provided by poison control centers.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 6, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter D. Powers and Duties › Section 351.168. Technological Solutions Policy Required

Sec. 351.168.  TECHNOLOGICAL SOLUTIONS POLICY REQUIRED.  The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions.  The policy must ensure that the public is able to interact with the board on the Internet.
Added by Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.010, 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 D. Powers and Duties › Section 351.169. Alternative Rulemaking and Dispute Resolution

Sec. 351.169.  ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION.  (a)  The board shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction.
(b)  The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The board shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the board.
Added by Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.010, 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 E. Public Interest Information and Complaint Procedures › Section 351.201. Public Interest Information

Sec. 351.201.  PUBLIC INTEREST INFORMATION.  (a)  The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and resolved by the board.
(b)  The board shall make the information available to the public and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter E. Public Interest Information and Complaint Procedures › Section 351.202. Public Participation

Sec. 351.202.  PUBLIC PARTICIPATION.  (a)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the board's jurisdiction.
(b)  The board shall prepare and maintain a written plan that describes how a person who does not speak English may be provided reasonable access to the board's programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter E. Public Interest Information and Complaint Procedures › Section 351.203. Complaints

Sec. 351.203.  COMPLAINTS.  (a)  The board by rule shall establish methods by which a consumer or service recipient is notified of the name, mailing address, and telephone number of the board for the purpose of directing a complaint to the board.  The board may provide for that notice:
(1)  on each registration form, application, or written contract for service provided by a person regulated under this chapter;
(2)  on a sign prominently displayed in the place of business of a person regulated under this chapter;  or
(3)  in a bill for service provided by a person regulated under this chapter.
(b)  The board shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a health professional.
(c)  The board shall make information available describing the procedures established by the board relating to complaint investigation and resolution.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.011, eff. September 1, 2005.
For expiration of this section, see Subection (g).
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter E. Public Interest Information and Complaint Procedures › Section 351.2035. Complaints Resulting From Inspections

Sec. 351.2035.  COMPLAINTS RESULTING FROM INSPECTIONS.  (a)  The board shall handle as a complaint any violation of this chapter or a rule adopted by the board that is discovered during an inspection conducted under Section 351.1575(b)(1).
(b)  The board shall investigate and dispose of a complaint described by Subsection (a) in the same manner that the board investigates and disposes of other complaints made under this chapter.
Added by Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.012, 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 E. Public Interest Information and Complaint Procedures › Section 351.2036. Procedure for Processing Complaints

Sec. 351.2036.  PROCEDURE FOR PROCESSING COMPLAINTS.  (a)  The board may delegate to board staff the authority to dismiss or enter into an agreed settlement of a complaint that does not directly relate to patient care and the investigation or disposition of which does not require expertise in optometry or therapeutic optometry.  The disposition determined by board staff must be approved by the board at a public meeting.
(b)  A complaint delegated under this section shall be referred to an informal settlement conference under Section 351.507 if:
(1)  the board staff determines that the complaint should not be dismissed or settled; or
(2)  the board staff is unable to reach an agreed settlement.
(c)  A complaint that is directly related to patient care or the investigation or disposition of which requires expertise in optometry or therapeutic optometry shall be reviewed by two board members who are optometrists or therapeutic optometrists who shall:
(1)  dismiss the complaint if both board members agree that the complaint should be dismissed; or
(2)  refer the complaint to an informal settlement conference under Section 351.507.
Added by Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.012, 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 E. Public Interest Information and Complaint Procedures › Section 351.204. Records of Complaints

Sec. 351.204.  RECORDS OF COMPLAINTS.  (a)  The board shall maintain a system to act promptly and efficiently on each complaint filed with the board.  The board shall maintain information concerning:
(1)  parties to the complaint;
(2)  the subject matter of the complaint;
(3)  a summary of the results of the review or investigation of the complaint;
(4)  the disposition of the complaint; and
(5)  other relevant information.
(b)  The board shall periodically notify parties to the complaint of the status of the complaint until the board finally disposes of the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.013, 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 E. Public Interest Information and Complaint Procedures › Section 351.2046. Requirements for Certain Complaints

Sec. 351.2046.  REQUIREMENTS FOR CERTAIN COMPLAINTS.  (a)  In this section:
(1)  "Anonymous complaint" means a complaint that lacks sufficient information to identify the source or the name of the person who filed the complaint.
(2)  "Insurance agent" means a person licensed under Chapter 4054, Insurance Code.
(3)  "Insurer" means an insurance company or other entity authorized to engage in the business of insurance under Subtitle C, Title 6, Insurance Code.
(4)  "Third-party administrator" means a person required to have a certificate of authority under Chapter 4151, Insurance Code.
(b)  The board may not accept anonymous complaints.
(c)  Notwithstanding any confidentiality requirements under Chapter 552, Government Code, or this chapter, a complaint filed with the board by an insurance agent, insurer, pharmaceutical company, or third-party administrator against a license holder must include the name and address of the insurance agent, insurer, pharmaceutical company, or third-party administrator filing the complaint.
(d)  Not later than the 15th day after the date the complaint is filed with the board, the board shall notify the license holder who is the subject of the complaint of the name and address of the insurance agent, insurer, pharmaceutical company, or third-party administrator who filed the complaint, unless the notice would jeopardize an investigation.
Added by Acts 2017, 85th Leg., R.S., Ch. 385 (S.B. 314), Sec. 7, 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 E. Public Interest Information and Complaint Procedures › Section 351.205. General Rules Regarding Complaint Investigation and Disposition

Sec. 351.205.  GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The board shall adopt rules concerning the investigation of a complaint filed with the board.  The rules adopted under this section must:
(1)  distinguish between categories of complaints;
(2)  ensure that a complaint is not dismissed without appropriate consideration;
(3)  require that the board be advised of a complaint that is dismissed and that a letter be sent to the person who filed the complaint explaining the action taken on the complaint;
(4)  ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint;  and
(5)  prescribe guidelines concerning the categories of complaints that require the use of a private investigator and prescribe the procedures for the board to obtain the services of a private investigator.
(a-1)  The board shall adopt rules that prescribe a method for prioritizing complaints for purposes of complaint investigation and disposition.  The rules adopted under this subsection must:
(1)  place the highest priority on complaints that allege conduct that:
(A)  violates the standard of professional care and judgment of an optometrist or therapeutic optometrist, as applicable;
(B)  involves professional misconduct; or
(C)  potentially threatens public health or safety; and
(2)  place a lower priority on complaints that are not described by Subdivision (1).
(b)  The board shall:
(1)  dispose of a complaint in a timely manner;  and
(2)  establish a schedule for conducting each phase of the disposition of the complaint that is under the control of the board not later than the 30th day after the date the board receives the complaint.
(c)  The board shall notify the parties to the complaint of the projected time requirements for pursuing the complaint.
(d)  The board shall notify the parties to the complaint of any change in the schedule not later than the seventh day after the date the change is made.
(e)  The executive director shall notify the board of a complaint that is unresolved after the time prescribed by the board for resolving the complaint so that the board may take necessary action on the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.014, 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 F. License Requirements › Section 351.251. License Required

Sec. 351.251.  LICENSE REQUIRED.  A person may not practice optometry or therapeutic optometry unless the person holds a license issued under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter F. License Requirements › Section 351.252. Education Requirements for Therapeutic Optometrist

Sec. 351.252.  EDUCATION REQUIREMENTS FOR THERAPEUTIC OPTOMETRIST.  (a)  A person must satisfactorily complete the education requirements established by board rule to be licensed as a therapeutic optometrist.
(b)  The education necessary to meet the requirements must:
(1)  be provided by an entity approved by the board;  and
(2)  include an emphasis on the examination, diagnosis, and treatment of conditions of the human eye and adnexa.
(c)  The board by rule shall require successful completion of accredited academic and clinical courses in pharmacology and related pathology that are:
(1)  approved by the board;  and
(2)  determined by the board to be equivalent in the total number of classroom hours to the requirements for other health care professionals in this state who are licensed to use pharmaceutical agents, including dentists, podiatrists, and physicians.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter F. License Requirements › Section 351.2525. Criminal History Record Information for License Issuance

Sec. 351.2525.  CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE.  (a)  The board shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the board, to the board or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(b)  The board may not issue a license to a person who does not comply with the requirement of Subsection (a).
(c)  The board shall conduct a criminal history record information check of each applicant for a license using information:
(1)  provided by the individual under this section; and
(2)  made available to the board by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(d)  The board may:
(1)  enter into an agreement with the Department of Public Safety to administer a criminal history record information check required under this section; and
(2)  authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history record information check.
Added by Acts 2017, 85th Leg., R.S., Ch. 385 (S.B. 314), Sec. 9, 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 F. License Requirements › Section 351.2526. Review of National Practitioner Database

Sec. 351.2526.  REVIEW OF NATIONAL PRACTITIONER DATABASE.  The board shall establish a process to review at least one national practitioner database to determine whether another state has taken any disciplinary or other legal action against an applicant or license holder before issuing an initial or renewal license under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 385 (S.B. 314), Sec. 9, 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 F. License Requirements › Section 351.253. Examination Requirement for Therapeutic Optometrist

Sec. 351.253.  EXAMINATION REQUIREMENT FOR THERAPEUTIC OPTOMETRIST.  A person must pass the examination given by the board to be licensed to practice therapeutic optometry in this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.