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 F. License Requirements › Section 351.254. Examination Application

Sec. 351.254.  EXAMINATION APPLICATION.
(a)  An applicant is eligible to take the licensing examination if the applicant provides to the executive director, on a form provided by the board, information the board considers necessary to enforce this chapter, including satisfactory evidence that the applicant:
(1)  has attained the age of majority;
(2)  has a preliminary education equivalent to one that would permit the applicant to enroll in The University of Texas; and
(3)  has attended and graduated from a reputable college of optometry that meets board requirements.
(b)  For purposes of Subsection (a)(4), a college of optometry is reputable if the college has:
(1)  entrance requirements that are as high as those adopted by the better class of universities and schools of optometry;  and
(2)  a course of instruction that is:
(A)  as demanding as that adopted by the better class of universities and schools of optometry;
(B)  equivalent to not less than six terms of eight months each;  and
(C)  approved by the board.
(c)  An applicant who meets the other requirements of this section may take the examination without having graduated as required by Subsection (a) if the dean of a college of optometry that meets the requirements of the board notifies the board in writing that the applicant is enrolled in good standing in the college and is in the final semester before graduation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.155(a), eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 385 (S.B. 314), Sec. 8, 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 351.255. Conduct of Examination

Sec. 351.255.  CONDUCT OF EXAMINATION.  (a)  The board shall give an applicant notice of the date and place of the examination.  The examination shall be given at least twice a year at the board's regular meetings.
(b)  The board shall conduct the examination:
(1)  in writing and by other means that the board considers adequate to determine applicant qualifications;  and
(2)  in a manner that is fair and impartial to each applicant and recognized school of optometry.
(c)  If a national testing organization does not prepare the written portion of the examination, the board shall have an independent testing professional validate that portion.
(d)  The board shall give the same written examination to each applicant examined at the same time.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 351.256. Examination Subjects

Sec. 351.256.  EXAMINATION SUBJECTS.  (a)  The examination must consist of written or practical tests in subjects regularly taught in recognized accredited colleges of optometry, including:
(1)  practical, theoretical, and physiological optics;
(2)  theoretical and practical optometry; and
(3)  the anatomy, physiology, and pathology of the eye as applied to optometry.
(b)  The examination must also include examination in pharmacology and related pathology.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.015, 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 351.257. Examination Results

Sec. 351.257.  EXAMINATION RESULTS.  (a)  The board shall notify each examinee of the examination results not later than the 30th day after the date the examination is administered.  If an examination is graded or reviewed by a national testing service, the board shall notify each examinee of the examination results not later than the 14th day after the date the board receives the results from the testing service.
(b)  If the notice of the examination results will be delayed for more than 90 days after the examination date, the board shall notify each examinee of the reason for the delay before the 90th day.
(c)  If requested in writing by a person who fails an examination, the board shall provide to the person an analysis of the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 351.258. Issuance of License to Therapeutic Optometrist; Fee

Sec. 351.258.  ISSUANCE OF LICENSE TO THERAPEUTIC OPTOMETRIST;  FEE.  (a)  The board shall:
(1)  register as qualified under this chapter an applicant who passes the examination and meets all board requirements;  and
(2)  issue to the applicant a license to practice therapeutic optometry in this state.
(b)  A person who passes the examination and meets board requirements must pay a fee for issuance of a license not later than the 90th day after the date the person receives notice, by registered mail at the address given on the examination papers or given at the time of the examination, that the person is eligible for a license.
(c)  A person described by Subsection (a) who fails to pay the fee in a timely manner waives the right to obtain a license.  The board may refuse to issue a license to the person until the person passes another examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 351.259. Provisional License

Sec. 351.259.  PROVISIONAL LICENSE.  (a)  The board shall issue a provisional license to practice optometry or therapeutic optometry to an applicant who:
(1)  is licensed in good standing as an optometrist or therapeutic optometrist in another state that has licensing requirements that are substantially equivalent to the requirements of this chapter;
(2)  has passed a national or other examination recognized by the board relating to the practice of optometry or therapeutic optometry;  and
(3)  is sponsored by a person licensed by the board under this chapter with whom the provisional license holder may practice.
(b)  The board may waive the requirement of Subsection (a)(3) for an applicant if the board determines that compliance is a hardship to the applicant.
(c)  A provisional license is valid until the date the board approves or denies the provisional license holder's application for a license.  The board shall issue a license under this chapter to the holder of a provisional license under this section if:
(1)  the provisional license holder passes the examination required by Section 351.253 and satisfies other license requirements under this chapter;  and
(2)  the board verifies that the provisional license holder meets the academic and experience requirements for a license under this chapter.
(d)  The board must complete the processing of a provisional license holder's application for a license not later than the 180th day after the date the board issues the provisional license.  The board may extend the 180-day limit if the results of an examination administered or graded by a testing organization have not been received by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 351.2595. License Without Examination

Sec. 351.2595.  LICENSE WITHOUT EXAMINATION.  The board may issue a license to practice therapeutic optometry without requiring the applicant to pass all or part of the examination required by Section 351.253 if:
(1)  the applicant is licensed in good standing as a therapeutic optometrist in another state;
(2)  the applicant has passed an examination that is equivalent or superior to the examination required by Section 351.253;
(3)  during at least five of the seven years preceding the application date, the applicant has been:
(A)  actively engaged in the practice of therapeutic optometry;  or
(B)  engaged in full-time teaching at an accredited college of optometry or medicine;
(4)  there are no pending disciplinary actions against the applicant in the state in which the applicant is licensed;  and
(5)  the applicant's license has never been suspended or revoked.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.156(a), eff. Sept. 1, 2001.
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 351.260. Limited License for Clinical Faculty

Sec. 351.260.  LIMITED LICENSE FOR CLINICAL FACULTY.  (a)  The board by rule may issue a limited license to a full-time clinical faculty member of an institution of higher education of this state who provides instruction in optometry or therapeutic optometry.
(b)  A license issued under this section may authorize the faculty member to practice optometry or therapeutic optometry only on the premises of the institution of higher education and its affiliated teaching clinics and only as part of the institution's teaching program.
(c)  The board by rule may adopt criteria and fees for issuance and renewal of a license under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter F. License Requirements › Section 351.261. Display of License or Certificate

Sec. 351.261.  DISPLAY OF LICENSE OR CERTIFICATE.  A person practicing optometry or therapeutic optometry in this state shall:
(1)  display the person's license or certificate in a conspicuous place in the principal office in which the person practices optometry or therapeutic optometry;  and
(2)  whenever required, exhibit the license or certificate to the board or the board's authorized representative.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 351.262. Information Presented to Patient

Sec. 351.262.  INFORMATION PRESENTED TO PATIENT.  (a)  An optometrist or therapeutic optometrist shall, within a reasonable time after completing an examination of a patient, present to the patient a prescription, bill, or receipt containing the license number and name of the optometrist or therapeutic optometrist.  This subsection does not affect the individual professional liability of the optometrist or therapeutic optometrist.
(b)  Notwithstanding Subsection (a), a person practicing optometry or therapeutic optometry outside of the principal office in which the person practices optometry or therapeutic optometry shall deliver to a patient fitted with eyeglasses a specification of and the prices charged for the lenses and material provided to the patient, with a bill containing:
(1)  the person's signature;
(2)  the person's mailing address;  and
(3)  the number of the person's license or certificate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 351.263. Lost or Destroyed License

Sec. 351.263.  LOST OR DESTROYED LICENSE.  The board shall issue a license under this chapter to a license holder whose license has been lost or destroyed on:
(1)  submission of an affidavit stating:
(A)  that the license has been lost or destroyed;
(B)  that the person making the affidavit is the person to whom the license was issued;  and
(C)  any other information required by the board;  and
(2)  payment of a fee for issuance of a duplicate license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter F. License Requirements › Section 351.264. Inactive Status

Sec. 351.264.  INACTIVE STATUS.  The board by rule may provide for a license holder's license to be placed on inactive status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 351.265. Retired Status

Sec. 351.265.  RETIRED STATUS.  (a)  The board by rule may allow a license holder to place the person's license on retired status.  A license holder must apply to the board for retired status, on a form prescribed by the board, before the expiration date of the person's license.
(b)  In determining whether to grant retired status, the board shall consider the age, years of practice, and status of the license holder at the time of the application.
(c)  A license holder on retired status:
(1)  must pay a license renewal fee in an amount equal to the renewal fee for a license on inactive status; and
(2)  except as provided by Subsection (f), may not perform any activity regulated under this chapter.
(d)  To reinstate a license placed on retired status, the license holder must submit a written request for reinstatement to the board.  The board may return the license to active status and issue a renewal license if the license holder complies with any education or other requirement established by board rule and pays the renewal fee in effect at the time of the requested reinstatement.
(e)  The board may charge a reasonable administrative fee to cover the cost of research and the preparation of documentation for the board's consideration of a request for reinstatement of a license on retired status.
(f)  A license holder on retired status may perform an activity regulated under this chapter if the license holder's practice consists only of voluntary charity care, as defined by board rule.  The board's rules under this subsection must prescribe the scope of practice permitted for the license holder, the license holder's authority to prescribe and administer drugs, and any continuing education requirements applicable to the license holder.  The scope of practice of a license holder on retired status may not be greater than the scope of practice of the same license holder on active status.
Added by Acts 2009, 81st Leg., R.S., Ch. 324 (H.B. 675), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter F. License Requirements › Section 351.266. Military Limited Volunteer License

Sec. 351.266.  MILITARY LIMITED VOLUNTEER LICENSE.  (a)  The board shall adopt rules relating to the issuance of a military limited volunteer license under this section.
(b)  The board may issue a military limited volunteer license to practice optometry or therapeutic optometry to an applicant who:
(1)  is licensed and in good standing, or was licensed and retired in good standing, as an optometrist or therapeutic optometrist in another state;
(2)  is or was authorized as an optometrist or therapeutic optometrist to treat personnel enlisted in a branch of the United States armed forces or veterans; and
(3)  meets any other requirement prescribed by board rule.
(c)  The board may not issue a license under this section to an applicant who:
(1)  holds an optometry or therapeutic optometry license that:
(A)  is currently under active investigation; or
(B)  is or was subject to a disciplinary order or action or to denial by another jurisdiction;
(2)  holds a license to prescribe, dispense, administer, supply, or sell a controlled substance that:
(A)  is currently under active investigation; or
(B)  is or was subject to a disciplinary order or action or to denial by another jurisdiction; or
(3)  has been convicted of, is on deferred adjudication community supervision or deferred disposition for, or is under active investigation for the commission of:
(A)  a felony; or
(B)  a misdemeanor involving moral turpitude.
(d)  An optometrist or therapeutic optometrist may practice optometry or therapeutic optometry under a  license issued under this section only at a clinic that primarily treats indigent patients.  The optometrist or therapeutic optometrist may not directly or indirectly receive compensation or anything of monetary value for optometric services rendered at the clinic.
(e)  A military limited volunteer license holder is subject to board rules, including rules regarding disciplinary action, license registration and renewal, and continuing medical education.
Added by Acts 2017, 85th Leg., R.S., Ch. 169 (H.B. 2933), Sec. 1, 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 G. License Renewal › Section 351.301. Renewal Certificate

Sec. 351.301.  RENEWAL CERTIFICATE.  (a)  A person required by this subchapter to hold a renewal certificate may not practice optometry or therapeutic optometry without the certificate.
(b)  A violation of this section has the same effect as, and is subject to the penalties for, practicing optometry or therapeutic optometry without holding a license as required by Subchapter F.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 385 (S.B. 314), Sec. 10, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 385 (S.B. 314), Sec. 11, 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 G. License Renewal › Section 351.302. License Renewal

Sec. 351.302.  LICENSE RENEWAL.  (a)  A license under this chapter is valid for a term of one or two years as determined by board rule.
(a-1)  The board by rule may adopt a system under which licenses expire on various dates during the year.  The board shall adjust the final dates for payment, the dates for notice of nonpayment, and the dates for license cancellation accordingly.
(b)  For the year in which the license expiration date is changed, license renewal fees payable not later than January 1 shall be prorated on a monthly basis so that each license holder pays only that portion of the license renewal fee allocable to the number of months during which the license is valid.
(c)  On renewal of the license on the new expiration date, the total license renewal fee is payable.
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. 12, 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 G. License Renewal › Section 351.303. Notice of License Expiration

Sec. 351.303.  NOTICE OF LICENSE EXPIRATION.  Not later than the 30th day before the date a person's license is to expire, the board shall send written notice of the impending license expiration to the person at the person's last known address according to board records.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter G. License Renewal › Section 351.304. Procedure for Renewal

Sec. 351.304.  PROCEDURE FOR RENEWAL.  (a)  Not later than the date provided under Section 351.302, an optometrist or therapeutic optometrist shall pay to the board a renewal fee for the renewal of a license to practice optometry or therapeutic optometry.  A person may renew an unexpired license by paying the required renewal fee to the board before the license expiration date.
(b)  A person whose license has been expired for 90 days or less may renew the license by paying to the board a renewal fee that is equal to one and one-half times the renewal fee set by the board under Section 351.152.  If a person's license has been expired for more than 90 days but less than one year, the person may renew the license by paying to the board a renewal fee that is equal to two times the renewal fee set by the board under Section 351.152.
(c)  Except as otherwise provided by this subchapter, a person whose license has been expired for one year or more may not renew the license.  The person may obtain a new license by submitting to reexamination and complying with the requirements and procedures for obtaining an original license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.016, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 31(b), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 385 (S.B. 314), Sec. 13, 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 G. License Renewal › Section 351.3045. Criminal History Record Information Requirement for License Renewal

Sec. 351.3045.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.  (a)  An applicant renewing a license issued under this chapter shall submit a complete and legible set of fingerprints for purposes of performing a criminal history record information check of the applicant as provided by Section 351.2525.
(b)  The board may administratively suspend or refuse to renew the license of a person who does not comply with the requirement of Subsection (a).
(c)  A license holder is not required to submit fingerprints under this section for the renewal of the license if the license holder has previously submitted fingerprints under:
(1)  Section 351.2525 for the initial issuance of the license; or
(2)  this section as part of a prior license renewal.
Added by Acts 2017, 85th Leg., R.S., Ch. 385 (S.B. 314), Sec. 14, 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 G. License Renewal › Section 351.305. Issuance of Certificate

Sec. 351.305.  ISSUANCE OF CERTIFICATE.  On receipt of the required fees, the board shall issue a renewal certificate containing information from board records that the board considers necessary for the proper enforcement of this chapter, including the license number and the period for which the license is renewed.
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. 15, 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 G. License Renewal › Section 351.306. Renewal of Expired License by Out-of-State Practitioner

Sec. 351.306.  RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.  (a)  The board may renew without examination the expired license of a person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding application.
(b)  The person must pay to the board a fee that is equal to the amount of the renewal fee set by the board under Section 351.152.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.017, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 31(c), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter G. License Renewal › Section 351.3065. Renewal of Expired License by Retired Optometrist or Therapeutic Optometrist

Sec. 351.3065.  RENEWAL OF EXPIRED LICENSE BY RETIRED OPTOMETRIST OR THERAPEUTIC OPTOMETRIST.  The board may renew the license of a person whose license has been expired for one year or more without requiring the person to comply with the requirements and procedures for an original license if the person places the person's renewed license on retired status and confines the person's practice solely to voluntary charity care under Section 351.265(f).
Added by Acts 2009, 81st Leg., R.S., Ch. 324 (H.B. 675), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter G. License Renewal › Section 351.307. Governmental Service, Training, or Education

Sec. 351.307.  GOVERNMENTAL SERVICE, TRAINING, OR EDUCATION.  An optometrist or therapeutic optometrist may obtain reinstatement of an expired license without paying a lapsed renewal fee or other fee and without passing an examination if:
(1)  the license holder's license expired while the license holder was engaged in:
(A)  active duty with a United States military service or with the United States Public Health Service;
(B)  full-time federal service;  or
(C)  training or education under the supervision of the United States, before induction into a United States military service;
(2)  termination of the license holder's service, training, or education occurred other than by dishonorable discharge;  and
(3)  not later than the first anniversary of the date of termination of the service, training, or education, the license holder provides the board with an affidavit stating that:
(A)  the license holder was engaged in the service, training, or education;  and
(B)  termination of the service, training, or education occurred other than by dishonorable discharge.
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 G. License Renewal › Section 351.308. Continuing Education

Sec. 351.308.  CONTINUING EDUCATION.  (a)  An optometrist or therapeutic optometrist must take annual courses in subjects relating to the use and application of scientific, technical, and clinical advances in subjects relating to the practice of optometry or therapeutic optometry regularly taught in recognized optometric universities and schools, including:
(1)  vision care;
(2)  vision therapy;  and
(3)  visual training.
(b)  An optometrist or therapeutic optometrist must complete 16 hours of study each calendar year, of which at least six hours must be in the diagnosis or treatment of ocular disease.
(c)  An optometrist or therapeutic optometrist shall fulfill the continuing education requirements by attending continuing education courses sponsored by an accredited college of optometry or a course approved by the board.  Course attendance must be certified to the board on a form approved by the board.  The license holder shall submit the certification with the license renewal application and fee.
(d)  The board may take action necessary to qualify for federal funds or grants made available to establish or maintain continuing education programs.
(e)  The board may not issue a renewal certificate to a license holder who has not complied with the requirements of this section unless the license holder:
(1)  provides the board with evidence acceptable to the board that the license holder has, since the license expiration, completed sufficient hours of approved continuing education courses to satisfy any deficiency for the previous year;  and
(2)  pays to the board in addition to the license renewal fee a penalty that is equal to the amount of the license renewal fee.
(f)  Continuing education hours used by a license holder to satisfy a deficiency for the previous year under Subsection (e)(1) may not be used to satisfy the requirements for the year in which the hours are earned.
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 G. License Renewal › Section 351.309. Continuing Education Exemptions

Sec. 351.309.  CONTINUING EDUCATION EXEMPTIONS.  A person is exempt from the continuing education requirements of Section 351.308 if the person:
(1)  holds a license but does not practice optometry or therapeutic optometry in this state;
(2)  served in the regular armed forces of the United States during part of the most recent license term;
(3)  submits proof to the board that the person suffered a serious or disabling illness or physical disability preventing the person from complying with the requirements during the most recent license term; or
(4)  was first licensed during the period preceding the license renewal date.
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. 16, 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 H. Practice by License Holder › Section 351.351. License Holder Information

Sec. 351.351.  LICENSE HOLDER INFORMATION.  (a)  A license holder shall file with the board:
(1)  the license holder's mailing address;
(2)  the address of the license holder's residence;
(3)  the mailing address of each office of the license holder;  and
(4)  the address for the location of each office of the license holder that has an address different from the office's mailing address.
(b)  Not later than the 10th day after the date of a change in the information required to be filed with the board under Subsection (a), the license holder shall file with the board a written notice of the change.
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 H. Practice by License Holder › Section 351.352. Optometric Files and Records

Sec. 351.352.  OPTOMETRIC FILES AND RECORDS.  (a)  All prescription files, patient records, and business records of an optometric practice are the sole property of the optometrist or therapeutic optometrist.
(b)  A patient may obtain a copy of the patient's optometric records, or may have the records forwarded to another doctor, by making a signed, written request to the optometrist or therapeutic optometrist for the records.
(c)  An optometrist or therapeutic optometrist may charge a reasonable processing fee for providing optometric records to a patient.  The optometrist or therapeutic optometrist may provide the records in summary form unless the patient specifically requests otherwise.
(d)  This section does not affect a patient's right of access to the patient's contact lens prescription under Chapter 353.
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 H. Practice by License Holder › Section 351.353. Initial Examination of Patient

Sec. 351.353.  INITIAL EXAMINATION OF PATIENT.  To ensure adequate examination of a patient for whom an optometrist or therapeutic optometrist signs or causes to be signed an ophthalmic lens prescription, in the initial examination of the patient the optometrist or therapeutic optometrist shall make and record, if possible, the following findings concerning the patient's condition:
(1)  case history, consisting of ocular, physical, occupational, and other pertinent information;
(2)  visual acuity;
(3)  the results of a biomicroscopy examination, including an examination of lids, cornea, and sclera;
(4)  the results of an internal ophthalmoscopic examination, including an examination of media and fundus;
(5)  the results of a static retinoscopy, O.D., O.S., or autorefractor;
(6)  subjective findings, far point and near point;
(7)  assessment of binocular function;
(8)  amplitude or range of accommodation;
(9)  tonometry;  and
(10)  angle of vision, to right and to left.
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 H. Practice by License Holder › Section 351.354. Certain Optometric Services Authorized

Sec. 351.354.  CERTAIN OPTOMETRIC SERVICES AUTHORIZED.  An optometrist or therapeutic optometrist may:
(1)  perform:
(A)  vision therapy;
(B)  hand-eye coordination exercises;
(C)  visual training;  and
(D)  developmental vision therapy;  and
(2)  evaluate and remedy a learning or behavioral disability associated with or caused by a defective or abnormal condition of vision.
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 H. Practice by License Holder › Section 351.355. Determining or Measuring Vision

Sec. 351.355.  DETERMINING OR MEASURING VISION.  In determining or measuring the powers of vision of the human eye, an optometrist or therapeutic optometrist may:
(1)  examine the eye to diagnose the presence of a defect or abnormal condition, the presence or effect of which may be corrected, remedied, or relieved by the use of lenses or prisms;
(2)  determine the accommodative or refractive condition or the range or powers of vision or muscular equilibrium of the eye;  or
(3)  examine the human vision system to determine a departure from the normal, measure the system's powers of vision, or adapt lenses or prisms for the system's aid or relief.
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 H. Practice by License Holder › Section 351.356. Fitting Lenses or Prisms

Sec. 351.356.  FITTING LENSES OR PRISMS.  In fitting lenses or prisms, an optometrist or therapeutic optometrist may:
(1)  directly or indirectly prescribe or supply lenses or prisms;
(2)  make measurements involving the eyes or the optical requirements of the eyes;  or
(3)  adapt or supply lenses or prisms to:
(A)  correct, remedy, or relieve a defect or abnormal condition of the human eye;  or
(B)  correct, remedy, or relieve or attempt to correct, remedy, or relieve the effect of a defect or abnormal condition of the human eye.
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 H. Practice by License Holder › Section 351.357. Fitting and Dispensing Contact Lenses

Sec. 351.357.  FITTING AND DISPENSING CONTACT LENSES.  (a)  Contact lenses may be fitted only by an optometrist, therapeutic optometrist, or licensed physician.
(b)  An ophthalmic dispenser may dispense contact lenses on a fully written contact lens prescription issued by an optometrist, therapeutic optometrist, or licensed physician.  The ophthalmic dispenser may:
(1)  fabricate or order the contact lenses and dispense them to the patient with appropriate instructions for the care and handling of the lenses;  and
(2)  mechanically adjust the lenses.
(c)  The ophthalmic dispenser may not measure the eye or cornea or evaluate the physical fit of the contact lenses in any way.
(d)  Notwithstanding Subsection (b), an optometrist, therapeutic optometrist, or licensed physician who issues a contact lens prescription remains professionally responsible 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 351 - Optometrists and Therapeutic Optometrists › Subchapter H. Practice by License Holder › Section 351.358. Ophthalmic Devices, Oral Medications, and Pharmaceutical Agents

Sec. 351.358.  OPHTHALMIC DEVICES, ORAL MEDICATIONS, AND PHARMACEUTICAL AGENTS.  (a)  An optometrist may not treat the eye for a defect or administer or prescribe a drug or physical treatment unless the optometrist is a therapeutic optometrist or licensed physician.
(b)  A therapeutic optometrist may:
(1)  administer, perform, or prescribe ophthalmic devices, procedures, and appropriate medications administered by topical or oral means, in accordance with this section and Section 351.3581, to diagnose or treat visual defects, abnormal conditions, or diseases of the human vision system, including the eye and adnexa;  or
(2)  administer medication by parenteral means for a purpose and in a manner prescribed by Subsection (e).
(c)  A therapeutic optometrist may prescribe not more than  one three-day supply of any medication classified as a controlled substance under Schedule III, IV, or V of 21 U.S.C. Section 812.
(d)  A therapeutic optometrist may independently administer oral carbonic anhydrase inhibitors for emergency purposes only and shall immediately refer the patient to an ophthalmologist.
(e)  A therapeutic optometrist may inject appropriate medication for a patient who has an anaphylactic reaction to counteract the anaphylaxis.  The therapeutic optometrist shall immediately refer the patient to a physician.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.152(b), eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 523 (S.B. 993), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter H. Practice by License Holder › Section 351.359. Prescription

Sec. 351.359.  PRESCRIPTION.  (a)  An ophthalmic lens prescription must include:
(1)  the signature of the optometrist or therapeutic optometrist;  and
(2)  the information and parameters the optometrist or therapeutic optometrist considers relevant or necessary.
(b)  The prescription may not contain a restriction that limits the parameters to a private label not available to the optical industry as a whole.
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 H. Practice by License Holder › Section 351.360. Professional Standard of Therapeutic Optometrist

Sec. 351.360.  PROFESSIONAL STANDARD OF THERAPEUTIC OPTOMETRIST.  A therapeutic optometrist, including an optometric glaucoma specialist, is subject to the same standard of professional care and judgment as a person practicing as an ophthalmologist under Subtitle B.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.152(d), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter H. Practice by License Holder › Section 351.361. Lease; Payment Basis; Accounts Receivable

Sec. 351.361.  LEASE;  PAYMENT BASIS;  ACCOUNTS RECEIVABLE.  (a)  An optometrist or therapeutic optometrist may:
(1)  lease space from an establishment;
(2)  pay for franchise fees or other services on a percentage or gross receipts basis;  or
(3)  sell, transfer, or assign accounts receivable.
(b)  Subsection (a)(2) does not authorize activity prohibited by Section 351.408.
(c)  The purpose of this section is to protect the public in the practice of optometry or therapeutic optometry, better enable the public to assign professional responsibility, and further safeguard the doctor-patient relationship.
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 H. Practice by License Holder › Section 351.362. Professional Responsibility; Name of Practice

Sec. 351.362.  PROFESSIONAL RESPONSIBILITY;  NAME OF PRACTICE.  (a)  An optometrist or therapeutic optometrist may practice under a trade name, an assumed name, or the name of a professional corporation or association.
(b)  An optometrist or therapeutic optometrist practicing in this state shall display the actual name under which the optometrist or therapeutic optometrist is licensed by the board, so that the name is visible to the public before entry into the optometrist's or therapeutic optometrist's office reception area.
(c)  Section 351.361(c) applies to this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter H. Practice by License Holder › Section 351.363. Mercantile Establishment

Sec. 351.363.  MERCANTILE ESTABLISHMENT.  (a)  To safeguard the visual welfare of the public and the doctor-patient relationship, assign professional responsibility, establish standards of professional surroundings, more nearly secure to the patient the optometrist's or therapeutic optometrist's undivided loyalty and service, and carry out the prohibitions of this chapter against placing an optometric or therapeutic optometric license in the service or at the disposal of an unlicensed person, this section applies to an optometrist or therapeutic optometrist who leases space from and practices optometry or therapeutic optometry on the premises of a mercantile establishment.
(b)  The optometric practice must be owned by an optometrist or therapeutic optometrist.  Every phase of the practice and the leased space of the optometric practice must be controlled exclusively by an optometrist or therapeutic optometrist.
(c)  The prescription files and business records of the optometric practice are the sole property of the optometrist or therapeutic optometrist and may not be involved with a mercantile establishment or unlicensed person.
(d)  The lessor of the optometric practice space may inspect business records that are essential to the successful initiation or continuation of a lease of space based on a percentage of gross receipts.
(e)  The leased space of the optometric practice must be definite and apart from space used by other occupants of the premises.  Solid, opaque partitions or walls from floor to ceiling must separate the optometric practice space from space used by other occupants.  Railings, curtains, or other similar arrangements do not satisfy the requirements of this subsection.
(f)  The leased space must have a patient's entrance opening on a public thoroughfare, such as a public street, hall, lobby, or corridor.  An aisle of a mercantile establishment does not satisfy the requirement of this subsection.  An entrance is not considered a patient's entrance unless actually used as an entrance by the optometrist's or therapeutic optometrist's patients.
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 H. Practice by License Holder › Section 351.364. Relationships With Dispensing Opticians

Sec. 351.364.  RELATIONSHIPS WITH DISPENSING OPTICIANS.  (a)  If an optometrist or therapeutic optometrist occupies space for the practice of optometry or therapeutic optometry on premises on which a person engages in the business of a dispensing optician, solid partitions or walls from floor to ceiling must separate the space occupied by the optometrist or therapeutic optometrist from the space occupied by the dispensing optician.
(b)  The space occupied by the optometrist or therapeutic optometrist must have a patient's entrance opening on a public thoroughfare, such as a public street, hall, lobby, or corridor.  An entrance is not considered a patient's entrance unless actually used as an entrance by the optometrist's or therapeutic optometrist's patients.
(c)  An optometrist or therapeutic optometrist may engage in the business of a dispensing optician, own stock in a corporation engaged in the business of a dispensing optician, or be a partner in a firm engaged in the business of a dispensing optician, but the records and accounts of the business of a dispensing optician must be kept separate from those of the optometric practice.
(d)  The purpose of this section is to ensure that the practices of optometry and therapeutic optometry are carried out in a manner completely separate from the business of a dispensing optician, with no control of one by the other and no solicitation for one by the other, except as described by this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter H. Practice by License Holder › Section 351.365. Patient Rights Regarding Spectacle Prescription

Sec. 351.365.  PATIENT RIGHTS REGARDING SPECTACLE PRESCRIPTION.  (a)  If, after examining a patient, an optometrist or therapeutic optometrist believes that lenses are required to correct or remedy a defect or abnormal condition of vision, the optometrist or therapeutic optometrist shall:
(1)  inform the patient;  and
(2)  provide the patient with a copy of the patient's spectacle prescription.
(b)  The optometrist or therapeutic optometrist shall expressly indicate verbally or by other means that the patient has the following alternatives for the preparation of the lenses according to the prescription:
(1)  the optometrist or therapeutic optometrist will prepare or have the lenses prepared;  or
(2)  the patient may have the prescription filled by a dispensing optician but should return for an optometrical examination of the lenses.
(c)  This section does not require an optometrist or therapeutic optometrist to provide a prescription to a patient before the patient has paid the examination fee.
(d)  Section 351.364(d) applies to this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.