Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 277 - PRACTICE AND PROCEDURE › Section 277.6 - Administrative Fines and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Based
				upon the criteria in this section, and in addition to the sanctions listed in
				subsection (e) of this section, the guideline administrative penalty or fine
				amount for:
(1) felony conviction: $2,000
				minimum penalty for each offense (§351.501(a)(3) of the Act)
(2) misdemeanor conviction involving moral
				turpitude: $2,000 minimum penalty for each offense (§351.501(a)(3) of the
				Act)
(3) impaired ability to
				practice: $2,000 minimum penalty for each offense (§351.501(a)(4) of the
				Act)
(4) violations of the act or
				rules involving controlled substances: $2,000 minimum penalty for each offense
				(§§351.501(a)(4) and (15), 351.358, 351.451, and 351.452 of the
				Act)
(5) fraud, deceit, dishonesty,
				or misrepresentation in the practice of optometry or in applying for license;
				or deceiving, defrauding, or harming the public: $2,000 minimum penalty for
				each offense (§351.501(a)(4) and (11) of the Act)
(6) gross incompetence in the practice of
				optometry or engaging in a pattern of practice or other behavior demonstrating
				a wilful provision of substandard care: $2,000 minimum penalty for each offense
				(§351.501(a)(12) and (13) of the Act)
(7) practicing or attempting to practice
				optometry while the license is suspended or violating the terms of a Board
				Order: $2,000 minimum penalty for each offense (§351.501(a)(8) and (17) of
				the Act)
(8) having the right to
				practice optometry suspended or revoked by a federal agency: $2,000 minimum
				penalty for each offense (§351.501(a)(10) of the Act)
(9) the guideline administrative penalty or
				fine amount for the following violations is a $300 minimum penalty for the
				first offense and $600 minimum penalty for the second offense and subsequent:
(A) Failure to report address changes to the
				Board as required by §351.351 and §351.501(16) of the Act.
(B) Failure to properly display name visible
				to the public as required by §351.362 of the Act.
(C) Failure to display public interest
				information as required by §351.203 of the Act, and §
											273.9 of this title.
(D) Failure to properly release contact lens
				prescription as required by §353.156 of the Contact Lens Prescription
				Act,
(E) Advertising violations,
				including misleading advertising as prohibited by §351.155 and
				§351.403 of the Act, and §
											279.9 of this title.
(F) Failure to use proper professional
				identification as required by §
											104.003 of the Texas
				Occupations Code.
(G) Offering
				glasses or contact lenses as a prize or inducement as prohibited by
				§351.404 of the Act and §
											273.3 of this title.
(H) Failure of the subject of a complaint to
				respond within 14 days of receipt to a request letter from the Board regarding
				the complaint as required by §
											277.1 of this title.
(10) the guideline administrative
				penalty or fine amount for the following violations is a $1,500 minimum and
				$2,500 maximum penalty:
(A) Directing or
				allowing optical employees or owners to make appointments for a leasing
				licensee as prohibited by §351.408 and §351.459 of the Act.
(B) Directing or allowing optical employees
				or owners to advertise for a leasing licensee or include the licensee's office
				in the advertising as prohibited by §351.408 and §351.459 of the
				Act.
(C) Directing or allowing
				optical employees or owners to set the practice hours for a leasing licensee as
				prohibited by §351.408 of the Act.
(D) Practicing in an office not properly
				separated from a lessor optical as prohibited by §§351.363, 351.364,
				351.408, and 351.459 of the Act, and §
											279.12 of this title.