Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 277 - PRACTICE AND PROCEDURE › Section 277.5 - Convictions

Current through Reg. 49, No. 28; July 12, 2024
(a) The Act, §351.501(a)(3), and Texas
				Occupations Code Chapter 53, provide that the Board may suspend or revoke an
				existing valid license, disqualify a person from receiving a license, or deny
				to a person the opportunity to be examined for a license because of a person's
				conviction of a felony or misdemeanor, including being placed on deferred
				adjudication or court ordered community or mandatory supervision, with or
				without an adjudication of guilt, or revocation of parole, probation or court
				ordered supervision, if the crime directly relates to duties and
				responsibilities of a licensed optometrist or therapeutic
				optometrist.
(b) A licensee or
				applicant receiving a felony or misdemeanor criminal conviction, including
				deferred adjudication or court ordered community or mandatory supervision, with
				or without an adjudication of guilt, or revocation of parole, probation or
				court ordered supervision, shall report the order of conviction, deferred
				adjudication or court ordered community or mandatory supervision, or revocation
				of parole, probation, or supervision within 30 days of the date the court
				issued the order. This subsection does not require the reporting of a Class C
				Misdemeanor traffic violation. The failure of a licensee or applicant to report
				a conviction is deceit, dishonesty and misrepresentation in the practice of
				optometry and authorizes the Board to take disciplinary action under
				§351.501 of the Act. The licensee shall furnish any document relating to
				the conviction as requested by the Board.
(c) The Texas Optometry Act authorizes
				licensees to provide health services.
(d) A person currently incarcerated because
				of a felony conviction or revocation of parole, probation or court ordered
				supervision in a felony case may not sit for examination, obtain a license
				under this act, or renew a previously issued license to practice optometry or
				therapeutic optometry.
(e) In
				considering whether a criminal conviction directly relates to the occupation of
				an optometrist or therapeutic optometrist, the Board shall consider the factors
				listed in Texas Occupations Code §
									53.022.
(f) The practice of optometry and therapeutic
				optometry places the optometrist or therapeutic optometrist in a position of
				public trust. A licensee practices in an autonomous role in treating patients
				young and old; in prescribing, administering and safely storing dangerous drugs
				including controlled substances; in preparing and safeguarding confidential
				records and information; and in accepting client funds. Therefore the crimes
				considered by the Board to relate to the practice of optometry and therapeutic
				optometry include, but are not limited to:
(1)
				any felony or misdemeanor of which fraud, dishonesty or deceit is an essential
				element;
(2) any criminal violation
				of the Optometry Act, or other statutes regulating or pertaining to the
				practice or profession of optometry and therapeutic optometry;
(3) any criminal violation of statutes
				regulating other professions in the healing arts;
(4) any crime involving moral
				turpitude;
(5) murder;
(6) burglary;
(7) robbery;
(8) theft;
(9) sex offense;
(10) perjury;
(11) child molesting; and
(12) substance abuse or substance
				diversion.