reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.43 - Grounds for Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department may deny a license or registration application or renewal
				  application; suspend or revoke a license or registration; place a licensee or
				  registrant on probation; or issue a reprimand for a violation of the Act or
				  this chapter.
(b) The department
				  may also impose an administrative penalty for a violation of the Act or this
				  chapter. Each day a violation continues or occurs is a separate violation for
				  purposes of imposing a penalty. The amount of the administrative penalty may
				  not be less than $50 or more than $5,000 for each violation.
(c) Prior to institution of formal
				  proceedings to deny an application, revoke or suspend, place on probation,
				  issue a reprimand, or impose an administrative penalty, the department shall
				  give written notice to the licensee or registrant by certified mail, return
				  receipt requested, of the facts or conduct alleged to warrant the proposed
				  action, and the licensee or registrant shall be given an opportunity, as
				  described in the notice, to show compliance with all requirements of the Act
				  and this chapter.
(d) If
				  disciplinary action of a licensee or registrant is proposed, the department
				  shall give written notice by certified mail, return receipt requested, that the
				  licensee or registrant must request, in writing, a formal hearing within 10
				  days of receipt of the notice, or the right to a hearing shall be waived and
				  the action shall be taken.
(e) The
				  department may request the Attorney General to bring an action for an
				  injunction to prohibit a person from violating the Act or this
				  chapter.
(f) The department may not
				  deny a license or registration application or suspend, revoke, or probate a
				  license or registration or impose administrative penalties against a licensee
				  or registrant based on the refusal of the licensee or registrant to:
(1) submit to a genetic test; or
(2) reveal:
(A) whether the applicant, licensee, or
				  registrant has submitted to a genetic test; or
(B) the results of any genetic test to which
				  the applicant, licensee, or registrant has submitted.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.44 - Informal Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) Informal
				  disposition of any complaint or contested case involving a licensee or
				  registrant or an applicant for a license or registration may be made through an
				  informal conference held to determine whether an agreed settlement order may be
				  secured.
(b) An informal conference
				  shall be voluntary.
(c) A
				  conference shall be informal and shall not follow the procedures established in
				  this chapter for contested cases and formal hearings.
(d) The licensee or registrant, the
				  licensee's or registrant's attorney, and department staff may question
				  witnesses, make relevant statements, present statements of persons not in
				  attendance, and present such other evidence as may be appropriate.
(e) The complainant shall not be considered a
				  party in the informal conference, but shall be given an opportunity to be heard
				  if the complainant attends. Any written statement submitted by the complainant
				  shall be reviewed at the informal conference.
(f) At the conclusion of the informal
				  conference, department representatives may make recommendations for informal
				  disposition of the complaint or contested case, or for any disciplinary action
				  authorized by the Act. The department representatives may also:
(1) conclude that the department lacks
				  jurisdiction;
(2) conclude that a
				  violation of the Act or this chapter has not been established;
(3) order that the investigation be closed;
				  or
(4) refer the matter for further
				  investigation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.45 - Formal Hearings

Current through Reg. 49, No. 28; July 12, 2024
A formal hearing shall be conducted in accordance with the
					 Administrative Procedure Act, Government Code, Chapter 2001.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.46 - Guidelines for Issuing Licenses and Registrations to Persons with Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose
				  of this section is to comply with the requirements of Occupations Code, Chapter
				  53, Subchapter C (relating to Notice and Review of Suspension, Revocation, or
				  Denial of License) and with Health and Safety Code, §
										781.108 (relating to
				  Insurance; Health and Safety Code, §
										781.103 (relating to
				  Application for License); and Health and Safety Code, §
										781.151 (relating to
				  Registration Required).
(b) The
				  department may deny a license or registration application or a license or
				  registration renewal application, or revoke, suspend, or place on probation an
				  existing license or registration if an applicant, licensee, or registrant has
				  been convicted of a crime (felony or misdemeanor) according to the following
				  guidelines:
(1) those criminal convictions
				  listed in the Act, §781.106, shall be considered in determining
				  eligibility for an original or renewal license or registration;
(2) those criminal convictions which evidence
				  an unwillingness or inability to comply with the Act or this chapter may be
				  asserted as a basis to deny a license or registration or to institute
				  disciplinary action against an existing license or registration; and
(3) the factors and evidence listed in the
				  Occupations Code, Chapter 53, Subchapter B (relating to Ineligibility for
				  License) shall be considered in determining eligibility for an original or
				  renewal license or registration.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.47 - Immediate Suspension for Failure to Maintain Insurance Coverage

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  shall immediately suspend the license of a license holder who fails to maintain
				  on file with the department at all times the certificate of insurance required
				  by the Act.
(b) The department may
				  rescind the license suspension if the license holder provides proof to the
				  department that the insurance coverage is still in effect. The license holder
				  must provide the proof in a form satisfactory to the department not later than
				  the 10th day after the date the license is suspended.
(c) After suspension of the license for a
				  period of more than 10 days, the department may not reinstate the license until
				  a new application for licensure is filed accompanied by a proper insurance
				  certificate. The department may deny the application notwithstanding the
				  applicant's submission of proof of insurance:
(1) for a reason that would justify
				  suspending, revoking, or denying a license; or
(2) if, during the suspension, the applicant
				  performed a practice for which a license is required, except as provided by
				  subsection (d) of this section.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.48 - Registration of Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  sets out registration procedures for military service members, military
				  veterans, and military spouses required under Occupations Code, Chapter 55
				  (relating to Licensing of Military Service Members, Military Veterans, and
				  Military Spouses). For purposes of this section, the following terms shall have
				  the following meanings:
(1) Military service
				  member--A person who is currently serving in the armed forces of the United
				  States, in a reserve component of the armed forces of the United States,
				  including the National Guard, or in the state military service of any
				  state.
(2) Military spouse--A
				  person who is married to a military service member who is currently on active
				  duty.
(3) Military veteran--A
				  person who has served in the army, navy, air force, marine corps, or coast
				  guard of the United States, or in an auxiliary service of one of those branches
				  of the armed forces.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter F - CONTACT LENS DISPENSERS › Section 140.250 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  implements the applicable provisions of the Texas Contact Lens Prescription
				  Act, Occupations Code, Chapter 353, concerning the issuance of a contact lens
				  prescription, a patient's right of access to that prescription, and the
				  regulation of persons filling contact lens prescriptions.
(b) These sections cover definitions; permit
				  fees; petition for rulemaking; sale or delivery of contact lenses and
				  prescription verification; display of permit; permit application requirements
				  and procedures; application processing; renewal of permits; name and address
				  changes; filing complaints and complaint investigations; grounds for
				  disciplinary actions; informal dispositions; formal hearings; and guidelines
				  for issuing permits to persons with criminal convictions.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter F - CONTACT LENS DISPENSERS › Section 140.251 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise. Words and terms defined in the Texas Contact Lens
					 Prescription Act shall have the same meaning in this subchapter as that
					 assigned in the Act.
(1) Act--The
				  Texas Contact Lens Prescription Act, Occupations Code, Chapter 353.
(2) Applicant--A person or entity who applies
				  for a permit under the Act.
(3)
				  Business entity--A business operating under any legal business structure other
				  than a sole proprietorship.
(4)
				  Commissioner--The Commissioner of the Department of State Health
				  Services.
(5) Department--The
				  Department of State Health Services.
(6) Executive Commissioner--The Executive
				  Commissioner of the Health and Human Services Commission.
(7) Optician--A person, other than a
				  physician, optometrist, therapeutic optometrist, or pharmacist, who is in the
				  business of dispensing contact lenses.
(8) Permit--A contact lens dispensing permit
				  issued under the Act to an optician, a corporation, or other business entity
				  that fills a contact lens prescription in this state or sells, delivers, or
				  dispenses contact lenses to any person in this state.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter F - CONTACT LENS DISPENSERS › Section 140.252 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The permit fees
				  are as follows:
(1) $100 for a two-year term
				  for an optician who has registered with the department under the Opticians'
				  Registry Act, Occupations Code, Chapter 352;
(2) $150 for a two-year term for an optician
				  who has not registered with the department under the Opticians' Registry Act,
				  Occupations Code, Chapter 352;
(3)
				  $50 for a two-year term for a retired optician providing voluntary charity care
				  who has registered with the department under the Opticians' Registry Act,
				  Occupations Code, Chapter 352;
(4)
				  $75 for a two-year term for a retired optician who has not registered with the
				  department under the Opticians' Registry Act, Occupations Code, Chapter 352;
				  and
(5) $600 for a two-year term
				  for a business entity.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter F - CONTACT LENS DISPENSERS › Section 140.253 - Petition for Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
The Executive Commissioner's procedures for the submission,
					 consideration, and disposition of a petition to adopt a rule are set out in 1
					 TAC §
										351.2(relating
					 to Petition for the Adoption of a Rule).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter F - CONTACT LENS DISPENSERS › Section 140.254 - Sale or Delivery of Contact Lenses and Prescription Verification

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  or business holding a permit shall comply with the federal "Fairness to Contact
				  Lens Consumers Act" Public Law 108 - 164, and applicable standards in
				  Occupations Code, Chapter 353.
(1) A permit
				  holder may not deliver or dispense contact lenses to a customer unless the
				  permit holder:
(A) receives a valid
				  prescription directly or by facsimile; or
(B) verifies a prescription in accordance
				  with this subsection.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter F - CONTACT LENS DISPENSERS › Section 140.255 - Display of Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit holder
				  shall prominently display the contact lens dispensing permit in his or her
				  primary place of employment or business and shall make the department's address
				  available upon request to any person who wishes to file a complaint.
(b) A business entity that holds one permit
				  for multiple business locations shall display the permit in one of the
				  locations and shall make the permit number and the department's address
				  available upon request at any location to any person who wishes to file a
				  complaint.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter F - CONTACT LENS DISPENSERS › Section 140.256 - Application Requirements and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Contact lenses may only be dispensed by
				  the following persons: a physician, optometrist, or therapeutic optometrist; a
				  pharmacist; or an optician, a corporation, or other business entity that holds
				  a valid contact lens dispensing permit issued under the Act.
(b) An employee of a corporation or business
				  entity with a permit issued under the Act is not required to obtain a separate
				  permit.
(c) A corporation or other
				  business entity that dispenses contact lenses to a person in this state must
				  obtain a contact lens dispensing permit. A corporation or other business entity
				  with ten or more locations may obtain a single permit for the entity and its
				  employees.
(d) An applicant for a
				  permit must submit all required information on official application forms
				  prescribed by the department and submit the required permit fee.
(e) The application form shall contain the
				  following information:
(1) specific
				  information regarding personal data, full legal name, date of birth, social
				  security number, information regarding other licenses, registrations, permits,
				  and certifications held by applicant, and information regarding misdemeanor and
				  felony convictions of applicant;
(2) trade names and addresses of all
				  locations in which the optician intends to conduct business;
(3) if applicant is a corporation or other
				  business entity, specific information regarding type of ownership, registered
				  address, and names and addresses of all officers, directors, registered agents
				  and major shareholders;
(4) a
				  statement that the applicant has read the Act and these rules;
(5) a statement that the applicant, if issued
				  a permit, shall return the permit to the department upon revocation or
				  suspension of the permit or other disciplinary action against the permit
				  holder;
(6) a statement that the
				  applicant understands that fees and materials submitted in the permitting
				  process are nonrefundable and nonreturnable;
(7) a statement that the applicant agrees to
				  comply with all state and federal laws and regulations regarding the sale,
				  delivery, or dispensing of contact lenses;
(8) a statement that the information
				  contained in the application is truthful and complete; and
(9) the signature of the applicant.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter F - CONTACT LENS DISPENSERS › Section 140.257 - Application Processing

Current through Reg. 49, No. 28; July 12, 2024
The department shall comply with the following procedures
					 in processing applications for permits and applications for permit
					 renewal.
(1) The following periods of
				  time shall apply from the date of receipt of an application until the date of
				  issuance of a written notice that the application is complete and accepted for
				  filing or that the application is deficient and additional specific information
				  is required. The contact lens dispensing permit may be sent in lieu of the
				  notice of acceptance of a complete application. The time periods are as
				  follows:
(A) letter of acceptance of
				  application for a permit--30 working days;
(B) issuance of permit renewal after receipt
				  of documentation of all renewal requirements--20 working days; and
(C) letter of denial of permit--30 working
				  days.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter F - CONTACT LENS DISPENSERS › Section 140.259 - Changes of Name or Address

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The purpose of this section is to set out the responsibilities and procedures
				  for name and address changes.
(b)
				  The permit holder shall notify the department of changes in name or preferred
				  mailing address within 30 days of such change(s).
(c) Notification of changes shall be made in
				  writing and mailed to the department and shall include the former and present
				  name, permit number, former and present mailing address, and a copy of the
				  legal name change document, if applicable.
(d) Before a replacement permit will be
				  issued by the department, the permit holder shall return any previously issued
				  document(s).
(e) It is the
				  responsibility of the permit holder to comply with the provisions of this
				  section. Notice of complaints, violations, disciplinary action, or other
				  correspondence sent to the address in the department's records are deemed
				  received by the permit holder.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter F - CONTACT LENS DISPENSERS › Section 140.260 - Filing Complaints and Complaint Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints alleging that a person has
				  violated the Act or this subchapter, may be filed with the department on a
				  department complaint form or in writing by regular mail, facsimile, or
				  electronic mail. The department may initiate a complaint based on a telephone
				  call if there is a sufficient basis and documentation to proceed.
(b) Upon receipt of verified complaint, the
				  department shall send the complainant an acknowledgment letter. The department
				  shall, at least as frequently as quarterly, notify the complainant and the
				  respondent of the status of the complaint until its final
				  disposition.
(c) Anonymous
				  complaints may be investigated by the department if there is a sufficient basis
				  and documentation to proceed.
(d)
				  The department shall investigate the complaint. If the department determines
				  that the complaint is not within the department's jurisdiction, the complainant
				  will be notified. If warranted, the complaint may be referred to another
				  governmental agency for review.
(e)
				  The department may determine that the permit be revoked, suspended, placed on
				  probation or that other appropriate action as authorized by law be
				  taken.
(f) If the department
				  determines that there are insufficient grounds to support the complaint, the
				  complaint shall be dismissed. Written notice of the dismissal will be provided
				  to the permit holder or person against whom the complaint has been filed and
				  the complainant.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter F - CONTACT LENS DISPENSERS › Section 140.261 - Grounds for Disciplinary Actions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department may deny a permit renewal application, suspend or revoke a
				  permit, or place a permit on probation for a violation of the Act or this
				  subchapter. The department may also impose an administrative penalty of not
				  more than $1,000 for a violation of the Act.
(b) Prior to institution of formal
				  proceedings to deny a renewal application, revoke, suspend, or place on
				  probation or impose an administrative penalty, the department shall give
				  written notice to the permit holder by certified mail, return receipt
				  requested, of the facts or conduct alleged to warrant the proposed action, and
				  the permit holder shall be given an opportunity, as described in the notice, to
				  show compliance with all requirements of the Act and this subchapter.
(c) If disciplinary action of a permit holder
				  is proposed, the department shall give written notice by certified mail, return
				  receipt requested, that the permit holder must request, in writing, a formal
				  hearing within 30 days of receipt of the notice, or the right to a hearing
				  shall be waived and the action shall be taken.
(d) The department may request the Attorney
				  General to bring an action for an injunction to prohibit a person from
				  violating the Act or this subchapter.
(e) The department may not deny a permit
				  renewal application or suspend, revoke, or probate a permit or impose
				  administrative penalties against a permit holder based on the refusal of the
				  permit holder to:
(1) submit to a genetic
				  test; or
(2) reveal:
(A) whether the applicant or permit holder
				  has submitted to a genetic test; or
(B) the results of any genetic test to which
				  the applicant or permit holder has submitted.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter F - CONTACT LENS DISPENSERS › Section 140.262 - Informal Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) Informal
				  disposition of any complaint or contested case involving a permit holder or an
				  applicant for a contact lens dispensing permit may be made through an informal
				  settlement conference held to determine whether an agreed settlement order may
				  be secured.
(b) An informal
				  settlement conference shall be voluntary.
(c) A settlement conference shall be informal
				  and shall not follow the procedures established in this subchapter for
				  contested cases and formal hearings.
(d) The permit holder, the permit holder's
				  attorney, and department staff may question witnesses, make relevant
				  statements, present statements of persons not in attendance, and present such
				  other evidence as may be appropriate.
(e) The complainant shall not be considered a
				  party in the settlement conference but shall be given an opportunity to be
				  heard if the complainant attends. Any written statement submitted by the
				  complainant shall be reviewed at the conference.
(f) At the conclusion of the settlement
				  conference, department representatives may make recommendations for informal
				  disposition of the complaint or contested case or for any disciplinary action
				  authorized by the Act. The department may also:
(1) conclude that the department lacks
				  jurisdiction;
(2) conclude that a
				  violation of the Act or this subchapter has not been established;
(3) order that the investigation be closed;
				  or
(4) refer the matter for further
				  investigation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter F - CONTACT LENS DISPENSERS › Section 140.263 - Formal Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Formal hearings
				  shall be conducted in accordance with the Administrative Procedure Act,
				  Government Code, Chapter 2001.
(b)
				  Copies of the formal hearing procedures are indexed and filed in the
				  Professional Licensing and Certification Unit, 8407 Wall Street, Austin, Texas
				  78754, and are available for public inspection during regular working
				  hours.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter F - CONTACT LENS DISPENSERS › Section 140.264 - Guidelines For Issuing Permits to Persons with Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this section is to comply with the requirements of the Occupations Code,
				  Chapter 53, Subchapter C (relating to Notice and Review of Suspension,
				  Revocation, or Denial of License).
(b) The department may deny a permit
				  application or a permit renewal application, or revoke, suspend, or place on
				  probation an existing permit if an applicant or permit holder has been
				  convicted of a crime (felony or misdemeanor) according to the following
				  guidelines:
(1) those criminal convictions
				  which evidence an unwillingness or inability to comply with the Act or this
				  subchapter; and
(2) the factors and
				  evidence listed in the Occupations Code, Chapter 53, Subchapter B (relating to
				  Ineligibility for License) shall be considered in determining eligibility for a
				  permit.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter F - CONTACT LENS DISPENSERS › Section 140.265 - Permitting of Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  sets out permitting procedures for military service members, military veterans,
				  and military spouses required under Occupations Code, Chapter 55 (relating to
				  Licensing of Military Service Members, Military Veterans, and Military
				  Spouses). For purposes of this section, the following terms shall have the
				  following meanings:
(1) Military service
				  member--A person who is currently serving in the armed forces of the United
				  States, in a reserve component of the armed forces of the United States,
				  including the National Guard, or in the state military service of any
				  state.
(2) Military spouse--A
				  person who is married to a military service member who is currently on active
				  duty.
(3) Military veteran--A
				  person who has served in the army, navy, air force, marine corps, or coast
				  guard of the United States, or in an auxiliary service of one of those branches
				  of the armed forces.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter G - OPTICIANS › Section 140.275 - Purpose and Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  This subchapter implements the provisions of the Opticians' Registry Act, Texas
				  Occupations Code, Chapter 352, concerning the voluntary registration and
				  regulation of dispensing opticians by providing a means by which the public can
				  identify registered providers of ophthalmic dispensing services and products
				  that meet minimum standards of competence.
(b) Construction. These sections cover
				  definitions; fees; application procedures and requirements; issuance of a
				  certificate of registration; renewal of registration; requirements for
				  continuing education; changes of name or address; procedures for violations,
				  complaints, investigation of complaints, and disciplinary actions; registration
				  of applicants with criminal backgrounds; and professional and ethical
				  standards.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter G - OPTICIANS › Section 140.276 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Act--The
				  Opticians' Registry Act (Act), Texas Occupations Code, Chapter 352.
(2) Applicant--A person who applies for
				  registration under the Act.
(3)
				  Commissioner--The commissioner of the Department of State Health
				  Services.
(4) Consumer--An
				  individual receiving services or obtaining a product from a registered
				  dispensing optician.
(5) Contact
				  lens dispensing--The fabrication, ordering, mechanical adjustment, dispensing,
				  sale, and delivery to the consumer of contact lenses prescribed by and
				  dispensed in accordance with a prescription from a licensed physician or
				  optometrist, together with appropriate instructions for the care and handling
				  of the lenses. The term does not include the taking of any measurements of the
				  eye or the cornea or evaluating the physical fit of the contact lenses, unless
				  that action is directed or approved by a licensed physician.
(6) Contact lens prescription--A written
				  specification by a licensed physician or optometrist for therapeutic,
				  corrective, or cosmetic contact lenses that states the refractive power of the
				  product and other information as required by:
(A) the physician or the Texas Medical Board;
				  or
(B) the optometrist or the Texas
				  Optometry Board.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter G - OPTICIANS › Section 140.277 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Schedule of
				  fees. The fees are as follows:
(1) initial
				  application and registration fee for a registration issued for two
				  years--$100;
(2) initial dual
				  application and registration fee for a registration issued for two
				  years--$160;
(3) registration
				  renewal fee;
(A) for a registration issued
				  for two years--$100;
(B) for a
				  retired optician registration issued for two years--$50;
(4) dual registration renewal fee;
(A) for a registration issued for two
				  years--$160;
(B) for a retired
				  optician registration issued for two years--$80;
(5) late registration fee--a fee that is one
				  and one-half times the registration renewal fee if renewed within 90 days of
				  expiration or a fee that is two times the registration renewal fee if renewed
				  more than 90 days but less than one year after expiration;
(6) duplicate certificate fee--$20;
(7) examination fee--the then current fee
				  assessed by the Department of State Health Services' (department's) designee
				  for the examination; and
(8)
				  criminal history evaluation letter fee--$50.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter G - OPTICIANS › Section 140.278 - Application Procedures and Requirements for Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to set out the application procedures and requirements for
				  registration.
(b) General.
(1) Unless otherwise indicated, an applicant
				  must submit all required information and documentation of credentials on
				  official Department of State Health Services (department) forms.
(2) Applications may be submitted for
				  registration as a registered contact lens dispenser, a registered spectacle
				  dispensing optician, or both.
(3)
				  The department will not consider an application as officially submitted until
				  the applicant pays the application fee. The fee must accompany the application
				  form.
(4) An application not
				  completed within 30 days after the date of the department's notice of
				  deficiency may be voided.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter G - OPTICIANS › Section 140.279 - Issuance of Certificate of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Issuance of certificate. The Department
				  of State Health Services (department) shall issue a certificate of registration
				  and a registration identification card containing a registration number and
				  expiration date to each qualified applicant.
(b) Certificate and identification card. Any
				  certificate of registration or identification card issued remains the property
				  of the department and shall be surrendered on demand of the
				  department.
(c) Display of
				  certificate. The certificate shall be displayed in a prominent location in the
				  primary office or place of employment of the registrant. A current
				  identification card shall be carried by the registrant.
(d) Reproduced or altered certificates/cards.
				  The certificate or identification card shall not be reproduced or altered in
				  any manner.
(e) Duplicate
				  replacement certificates. Duplicate replacement certificates will be issued by
				  the department upon written request from a registrant and payment of the
				  appropriate duplicate certificate fee. The request shall include a statement
				  detailing the loss or destruction of the original certificate or identification
				  card or be accompanied by the damaged certificate or card.
(f) Individual or dual registration. A
				  certificate of registration shall be issued for a contact lens dispenser or a
				  spectacle dispensing optician. In the event an individual is registered as a
				  contact lens dispenser and a spectacle dispensing optician, he or she shall be
				  issued one certificate which lists both titles.
(g) Titles.
(1) A registered spectacle dispensing
				  optician may refer to himself or herself as a registered dispensing optician, a
				  registered spectacle dispenser, or a registered spectacle dispensing
				  optician.
(2) A registered contact
				  lens dispenser may refer to himself or herself as a registered contact lens
				  technician or a registered contact lens dispenser.
(3) A registrant may not use abbreviations or
				  other letters to represent that the person is registered.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter G - OPTICIANS › Section 140.280 - Renewal of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  The purpose of this section is to establish the rules governing renewal of
				  registration certificates.
(b)
				  General.
(1) When issued, a registration
				  certificate is valid through the registrant's next birth month for a two-year
				  term, as determined by the department.
(2) A registrant must renew the registration
				  certificate in order to remain registered.
(3) Each registrant is responsible for
				  renewing the registration certificate before the expiration date indicated on
				  the face of the certificate and shall not be excused from paying the late
				  registration fee. Failure to receive notification from the Department of State
				  Health Services (department) prior to the expiration date of the registration
				  certificate will not excuse failure to apply for renewal or late
				  renewal.
(4) The department will
				  not renew the registration of a registrant who is in violation of the
				  Opticians' Registry Act (Act) or this subchapter at the time of application for
				  renewal.
(5) The department shall
				  not renew a registration if renewal is prohibited by the Education Code, §
											57.491
				  (relating to Loan Default Ground for Nonrenewal of Professional or Occupational
				  License).
(6) The department shall
				  not renew a registration if renewal is prohibited by a court order or attorney
				  general's order issued pursuant to the Family Code, Chapter 232 (Suspension of
				  License for Failure to Pay Child Support), as set out in §
											1.301
				  of this title (relating to Suspension of License for Failure To Pay Child
				  Support).
(7) Notices of renewal
				  approval, disapproval, or deficiency shall be in accordance with §
											140.278(f)
				  of this title (relating to Application Procedures and Requirements for
				  Registration).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter G - OPTICIANS › Section 140.281 - Requirements for Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The purpose of this section is to establish the continuing education
				  requirements a registrant shall meet to maintain registration. The requirements
				  are intended to maintain and improve the quality of services provided to the
				  public by registered spectacle dispensing opticians and registered contact lens
				  dispensers. Continuing education credit includes programs beyond the basic
				  preparation which are designed to promote and enrich knowledge, improve skills,
				  and develop attitudes for the enhancement of dispensing opticians, thus
				  improving health care to the public. The Department of State Health Services
				  (department) assumes dispensing opticians will maintain the high standards of
				  the profession in selecting quality educational programs to fulfill the
				  continuing education requirements.
(b) Number of hours required. Proof of having
				  earned ten contact hours of continuing education credit in each area for which
				  the registrant is renewing shall be required at the time of renewal for each
				  registration issued for a two-year term. A contact hour is 50 minutes.
(1) The hours must have been completed within
				  24 months prior to the date of expiration of a registration issued for a
				  two-year term.
(2) For a registered
				  spectacle dispensing optician the hours must be offered or approved by the
				  American Board of Opticianry. For a registered contact lens dispenser the hours
				  must be offered or approved by the National Contact Lens Examiners.
(3) If applying for dual registration renewal
				  the applicant must have a total of 20 contact hours of continuing education for
				  a registration issued for a two-year term. Half of the contact hours must be
				  offered or approved by the American Board of Opticianry and half of the contact
				  hours must be offered or approved by the National Contact Lens
				  Examiners.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter G - OPTICIANS › Section 140.282 - Change of Name or Address

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose
				  of this section is to set out the responsibilities and procedures for name and
				  address changes.
(b) The registrant
				  shall notify the Department of State Health Services (department) of changes in
				  name, preferred mailing address, or place of business or employment within 30
				  days of such change.
(c) Before any
				  new registration certificate or identification card will be issued by the
				  department, notification of a name change must be forwarded to the department
				  and shall include a copy of a marriage certificate, court decree evidencing
				  such change, or a social security card reflecting the new name.
(d) The registrant shall return any
				  previously issued certificate or identification card and remit the appropriate
				  replacement fee as set out in §
										140.277 of this
				  title (relating to Fees).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter G - OPTICIANS › Section 140.283 - Violations, Complaints, Investigation of Complaints, and Disciplinary Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to set out:
(1)
				  procedures concerning complaints alleging violations of the Act or this
				  subchapter; and
(2) Department of
				  State Health Services (department) actions against a person when violations
				  have occurred.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter G - OPTICIANS › Section 140.284 - Registration of Applicants with Criminal Backgrounds

Current through Reg. 49, No. 28; July 12, 2024
(a) This section sets out the guidelines and
				  criteria on the eligibility of persons with criminal backgrounds to obtain
				  registration as spectacle dispensers or contact lens dispensers.
(b) Criminal convictions which directly
				  relate to the occupation of dispensing opticians shall be considered by the
				  Department of State Health Services (department) as follows.
(1) The department may suspend or revoke an
				  existing registration or disqualify a person from receiving a registration
				  because of a person's conviction of a felony or misdemeanor if the crime
				  directly relates to the duties and responsibilities under that
				  registration.
(2) In considering
				  whether a criminal conviction directly relates, the department shall consider:
(A) the nature and seriousness of the
				  crime;
(B) the relationship of the
				  crime to the purposes for requiring a registration as a spectacle dispensing
				  optician or a contact lens dispenser;
(C) the extent to which a registration might
				  offer an opportunity to engage in further criminal activity of the same type as
				  that in which the person previously had been involved; and
(D) the relationship of the crime to the
				  ability, capacity, or fitness required to perform the duties and discharge the
				  responsibilities of a registered spectacle dispensing optician or a registered
				  contact lens dispenser.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter G - OPTICIANS › Section 140.285 - Professional and Ethical Standards

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The purpose of this section is to establish the professional and ethical
				  standards to be followed by a registered spectacle dispensing optician or a
				  registered contact lens dispenser.
(b) A registrant shall not misrepresent any
				  professional qualifications or credentials.
(c) A registrant shall not provide any
				  information that is false, deceptive, or misleading to the Department of State
				  Health Services (department).
(d) A
				  registrant shall cooperate with the department by furnishing required documents
				  or information and by responding to a request for information.
(e) A registrant shall not consume alcohol or
				  take controlled substances not prescribed by a licensed physician during the
				  hours the registrant is available to dispense spectacles or contact
				  lenses.
(f) A registrant shall not
				  use advertising that is false, misleading, or deceptive or that is not readily
				  subject to verification.
(1) False,
				  misleading, or deceptive advertising or advertising that is not readily subject
				  to verification includes advertising that:
(A) makes a material misrepresentation of
				  fact or omits a fact necessary to make the statement as a whole not materially
				  misleading;
(B) makes a
				  representation likely to create an unjustified expectation about the results of
				  a health care service or procedure;
(C) compares a health care professional's
				  service with another health care professional's service unless the comparison
				  can be factually substantiated;
(D)
				  contains a testimonial;
(E) causes
				  confusion or misunderstanding as to the credentials, education, or registration
				  of a health care professional;
(F)
				  advertises or represents that health care insurance deductibles or copayments
				  may be waived or are not applicable to health care services to be provided if
				  the deductible or copayments are required;
(G) advertises or represents that the
				  benefits of a health benefit plan will be accepted as full payment when
				  deductibles or copayments are required;
(H) makes a representation that is designed
				  to take advantage of the fears or emotions of a particularly susceptible type
				  of patient; or
(I) advertises or
				  represents in the use of professional name, a title or professional
				  identification that is expressly or commonly reserved to or used by another
				  profession or professional.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter G - OPTICIANS › Section 140.286 - Request for Criminal History Evaluation Letter

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with Occupations Code,
				  §
										53.102,
				  a person may request the department to issue a criminal history evaluation
				  letter regarding the person's eligibility for a registration if the person:
(1) is enrolled or planning to enroll in an
				  educational program that prepares a person for an initial registration or is
				  planning to take an examination for an initial registration; and
(2) has reason to believe that the person is
				  ineligible for the registration due to a conviction or deferred adjudication
				  for a felony or misdemeanor offense.