reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 226 - PATIENT SAFETY PILOT PROGRAMS ON NURSE REPORTING SYSTEMS › Section 226.2 - Initiation of Application and Approval of Patient Safety Pilot Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Patient safety pilot programs under this
				rule may be conducted:
(1) by the Board on
				its own initiative; or
(2) by a
				third party either through an application or request for proposal
				process.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 226 - PATIENT SAFETY PILOT PROGRAMS ON NURSE REPORTING SYSTEMS › Section 226.3 - General Selection Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Applications will be approved based on the patient safety pilot program's
				ability to meet the purpose of the rules. Selection criteria shall be based on:
(1) Program quality as determined by the
				Board;
(2) Description of the pilot
				program, including the body of knowledge that has influenced the development of
				the proposed program and the financial support for the proposed
				program;
(3) Methodology of the
				pilot program, including research objectives and qualitative and/or
				quantitative metrics used to evaluate the program;
(4) Efficacy/effect on the public and patient
				safety, including identification of vulnerabilities to the public created by
				the proposed program, appropriate measures taken to address such
				vulnerabilities, and the measures taken to adequately protect the public from
				an impaired or unsafe nurse;
(5)
				Pilot program outcomes, including how the success of the program will improve
				nursing practice and enhance public safety;
(6) Program innovation; and
(7) Other factors including financial ability
				to perform the patient safety pilot program, State and regional needs and
				priorities, ability to continue the patient safety pilot program after the
				initial application period, past performance of the applicant, and other
				related factors as determined by the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 226 - PATIENT SAFETY PILOT PROGRAMS ON NURSE REPORTING SYSTEMS › Section 226.4 - Limited Exception to Mandatory Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) In approving a pilot program, the Board
				may grant a program an exception to the mandatory reporting requirements of
				sections 301.401-301.409 or to a rule adopted under chapters 301 or 303 that
				relate to the practice of professional nursing, including education and
				reporting requirements for registered nurses.
(b) The Board may not grant the exception to:
(1) the education requirements of sections
				301.303 through 301.304 unless the program includes alternative but
				substantially equivalent requirements; or
(2) the mandatory requirements sections
				301.401-301.409 or to a rule adopted under chapters 301 or 303 unless the
				program:
(A) is designed to evaluate the
				efficiency of alternative reporting methods; and
(B) provides consumers adequate protection
				from registered nurses whose practice is a threat to public safety.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 226 - PATIENT SAFETY PILOT PROGRAMS ON NURSE REPORTING SYSTEMS › Section 226.5 - Application and Review Process

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board
				shall establish a pilot program review panel to evaluate and make
				recommendations to the Board. The Board may solicit recommendations from an
				advisory committee or others on topics for patient safety pilot programs, on
				priorities of those programs, and on the administration of the application and
				review process.
(b) The Executive
				Director shall screen applications and proposals to determine if they meet the
				criteria of sections 226.3 and 226.4. The Executive Director shall forward
				qualified applications and proposals to the pilot program review panel for
				evaluation within 30 days of the closing date of the Request for Proposal or
				receipt of an application. Eliminated applicants shall be so notified by the
				Board.
(c) The Board shall select
				individuals qualified in the patient safety pilot program topic areas to serve
				on the review panel based on the content of proposals submitted. Individuals
				who serve on the review panel shall demonstrate appropriate credentials to
				evaluate patient safety pilot program applications. At a minimum, there will be
				one panel member from each of the following areas: a registered nurse, a
				doctoral level researcher, a human factors expert, and a consumer
				representative. Review panel members shall not evaluate any applications or
				proposals for which they have a conflict of interest. Review panel members
				serve without compensation at the discretion of the Board.
(d) The Board shall use the pilot program
				review panel to evaluate the quality of applications and proposals based on the
				sections 226.3 and 226.4 listed above. The pilot program review panel shall
				evaluate applications and proposals, and assign scores based on the sections
				226.3 and 226.4 as listed above. All evaluations and scores of the review panel
				are final.
(e) The Executive
				Director shall use the review scores to recommend a prioritized list of
				applications and proposals to the Board for consideration. The decision-making
				process of the Board shall give weight to scores and must provide a statement
				of explanation if the Board does not agree with the peer review
				recommendations.
(f) Not
				withstanding any provision stated herein, no patient safety pilot program will
				be approved by the Board if it does not provide consumers adequate protection
				from registered nurses whose continued practice is a threat to public
				safety.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 226 - PATIENT SAFETY PILOT PROGRAMS ON NURSE REPORTING SYSTEMS › Section 226.6 - Monitoring and Evaluating Patient Safety Pilot Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) All patient safety pilot programs shall
				be subject to monitoring and evaluating by the Board to ensure compliance with
				the criteria of this rule and obtain evidence that research goals are being
				pursued.
(b) The Board may require
				that the entity conducting a patient safety pilot program under this rule
				reimburse the Board for the cost of monitoring and evaluating the patient
				safety pilot program.
(c) The Board
				may contract with a third party to perform the monitoring and evaluating of
				patient safety pilot programs.
(d)
				The Board may arrange for a patient safety pilot program to directly reimburse
				a third party for monitoring and evaluating of a patient safety pilot
				program.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 226 - PATIENT SAFETY PILOT PROGRAMS ON NURSE REPORTING SYSTEMS › Section 226.7 - Contract Discussions

Current through Reg. 49, No. 28; July 12, 2024
(a) Contracts
				Following the approval of an application or proposal by the Board, the
				successful applicant must sign a contract issued by the Executive Director and
				based on the information contained in the application.
(b) Subcontracts With the prior written
				approval of the Board, the successful applicant may enter into third party
				contracts and subcontracts to conduct the patient safety pilot
				program.
(c) Cancellation or
				Suspension of Programs The Board has the right to reject all applications and
				proposals, and cancel any patient safety pilot program solicitations before a
				contract is signed. Breach of contract will result in termination of the
				patient safety pilot program.
(d)
				Requirements for Applications The full text of the administrative regulations
				and funding requirements for this patient safety pilot program are contained in
				the official Request for Proposal available on request from the
				Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 227 - PILOT PROGRAMS FOR INNOVATIVE APPLICATIONS TO VOCATIONAL AND PROFESSIONAL NURSING EDUCATION › Section 227.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this rule is to establish the procedures that
				  apply to pilot programs for innovative applications to nursing education under
				  Tex. Occ. Code §301.1605 for both vocational and professional nursing
				  programs. Pilot programs approved under this chapter must be conducted in a
				  manner consistent with the Board's role of protection of the public and must be
				  structured appropriately to evaluate the efficacy and effect on vocational and
				  professional nursing students.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 227 - PILOT PROGRAMS FOR INNOVATIVE APPLICATIONS TO VOCATIONAL AND PROFESSIONAL NURSING EDUCATION › Section 227.2 - Application and Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility. In
				order to be eligible for approval under this chapter, an applicant must be
				requesting an exception to a requirement in Chapter 214 of this title (relating
				to Vocational Nursing Education) or Chapter 215 of this title (relating to
				Professional Nursing Education) or an educational requirement of Tex. Occ. Code
				Chapter 301. If an applicant is requesting an exception to an educational
				requirement of Chapter 301, the applicant's pilot program must include an
				alternate, but substantially equivalent requirement.
(b) Approval Required. An applicant seeking
				approval from the Board under this chapter must submit a completed application
				to the Board. The applicant must verify the application by attesting to the
				truth and accuracy of the information in the application. An applicant must
				submit a completed application to the Board at least four months prior to the
				applicant's planned implementation date of the pilot program.
(c) Applications will be reviewed and
				evaluated to determine if they meet the requirements of this chapter. Qualified
				applications will be forwarded to the Board for deliberation and
				vote.
(d) The Board may approve the
				application; defer action on the application, pending receipt of further
				information; approve the application with conditions and/or restrictions; or
				deny approval of the application. As a condition of approving an application,
				the Board may request that changes be made in how a pilot program is
				designed.
(e) If the application is
				approved, the applicant must submit a written report of outcomes resulting from
				the pilot program to the Board within 90 days of completion of the program. The
				Board reserves the right to request additional and/or more frequent written
				reports of program outcomes during the duration of the pilot program.
(f) If an application is denied approval by
				the Board, an applicant must wait at least one calendar year from the date of
				the Board's denial before submitting a new application for Board
				consideration.
(g) An applicant
				seeking approval must meet the requirements outlined in the Board's Guidelines
				related to Innovation in Nursing Education and this chapter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 227 - PILOT PROGRAMS FOR INNOVATIVE APPLICATIONS TO VOCATIONAL AND PROFESSIONAL NURSING EDUCATION › Section 227.3 - General Selection Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Applications will be evaluated on the following criteria:
(1) Quality of the pilot program;
(2) Description of the pilot program,
				including the rationale for the pilot program and the financial support for the
				program;
(3) Methodological design
				of the pilot program;
(4) Pilot
				program outcomes, including how the success of the program will improve nursing
				education and enhance nursing practice and how it will be measured;
(5) Pilot program innovation;
(6) Timeline for pilot program;
(7) Controls to maintain quality education
				and ensure delivery of safe and competent nursing care:
(A) Methods shall be incorporated into the
				pilot program to ensure that students in the pilot program receive an
				equivalent, quality education as students in standard program(s) (comparative
				group);
(B) Ongoing evaluation
				shall be implemented to determine the students' progress in the pilot program;
				and
(C) If evidence indicates that
				students in pilot program are not meeting objectives, a plan for corrective
				measures to re-mediate must be in place; and
(8) Other relevant factors, including
				financial ability to implement the pilot program; state and regional needs and
				priorities; applicant's ability to continue the pilot program on a long-term
				basis; and the past performance of the applicant, if applicable.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 227 - PILOT PROGRAMS FOR INNOVATIVE APPLICATIONS TO VOCATIONAL AND PROFESSIONAL NURSING EDUCATION › Section 227.4 - Monitoring and Evaluation

Current through Reg. 49, No. 28; July 12, 2024
(a) All pilot
				programs shall be subject to intermittent monitoring and evaluation by the
				Board to ensure compliance with the criteria of this chapter and to obtain
				evidence that program goals are being met. Board monitoring may include the
				review and analysis of program reports; communication with program directors;
				and survey visits. The Board may also require the submission of quarterly
				reports of students' performance in courses and clinical learning experiences;
				remediation strategies and attrition rates; and any other information necessary
				to evaluate the status of the pilot program. Survey visits by a Board
				representative may be conducted at appropriate intervals to evaluate the status
				of the pilot program. The Board may alter a monitoring plan as necessary to
				address the specific needs of a particular program.
(b) The Board may require an applicant to
				reimburse the Board for the cost of monitoring and evaluating a pilot
				program.
(c) The Board may contract
				with a third party to perform the monitoring and evaluation of pilot
				programs.
(d) The Board may arrange
				for an applicant to directly reimburse a third party for the monitoring and
				evaluation of a pilot program.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 228 - PAIN MANAGEMENT › Section 228.1 - Standards of Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The
				following words and terms when used in this chapter shall have the following
				meanings unless the context clearly indicates otherwise:
(1) Controlled substance (also referred to as
				scheduled drugs)--A substance, including a drug, adulterant, and dilutant,
				listed in Schedules I through V or Penalty Groups 1, 1-A, or 2 through 4 of
				Chapter 481, Health and Safety Code (Texas Controlled Substances Act). The term
				includes the aggregate weight of any mixture, solution, or other substance
				containing a controlled substance.
(2) Dangerous drug--A device or drug that is
				unsafe for self-medication and that is not included in Schedules I through V or
				Penalty Groups 1 through 4 of Chapter 481, Health and Safety Code. The term
				includes a device or drug that bears, or is required to bear, the legend:
				"Caution: federal law prohibits dispensing without prescription" or "Rx only"
				or another legend that complies with federal law.
(3) Device--An instrument, apparatus,
				implement, machine, contrivance, implant, in vitro reagent, or other similar or
				related article, including a component part or accessory, that is required
				under federal or state law to be ordered or prescribed by a practitioner. The
				term includes durable medical equipment.
(4) Medication--A dangerous drug, controlled
				substance, non-prescription drug, or device. For purposes of this chapter, the
				term also includes herbal and naturopathic remedies.
(5) Non-prescription drug--A non-narcotic
				drug or device that may be sold without a prescription and that is labeled and
				packaged in compliance with state or federal law.
(6) Pain management clinic--As defined in
				Chapter 168, Occupations Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 228 - PAIN MANAGEMENT › Section 228.2 - Prescription Monitoring Program (PMP)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				APRNs should access and review the prescription monitoring program (PMP)
				authorized by Chapter 481, Health and Safety Code, prior to prescribing any
				controlled substance for patients being treated for pain.
(b) APRNs must access and review the PMP
				before prescribing opioids, benzodiazepines, barbiturates, or carisoprodol
				unless:
(1) the patient has been diagnosed
				with cancer or the patient is receiving hospice care; and
(2) the APRN clearly notes on the
				prescription or in the electronic prescription record that the patient was
				diagnosed with cancer or is receiving hospice care, as applicable.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 271 - EXAMINATIONS › Section 271.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Act--The Texas
				Optometry Act, Chapter 351, Texas Occupations Code.
(2) APA--The Administrative Procedure Act,
				Government Code, Chapter 2001.
(3)
				Board--The Texas Optometry Board.
(4) Contested case--A proceeding, including
				but not restricted to licensing, in which the legal rights, duties, or
				privileges of a party are to be determined by the board after an opportunity
				for adjudicative hearing.
(5)
				Executive director--Executive director of the Texas Optometry Board.
(6) PFD--Proposal for decision.
(7) Respondent--A person against whom a
				formal charge has been made alleging conduct that violates the Act or rules,
				regulations, or orders of the board and whose legal rights are to be determined
				by the board after the opportunity for an adjudicative hearing in a contested
				case as defined by the APA.
(8)
				SOAH--State Office of Administrative Hearings.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 271 - EXAMINATIONS › Section 271.3 - Jurisprudence Examination Administration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Every applicant for a license to practice therapeutic optometry in this state
				must take and pass a jurisprudence exam covering the laws and rules of the
				Board. The laws and rules of the Board may be referenced while taking the exam
				(that is, the exam shall be considered "open book").
(b) The jurisprudence exam shall be conducted
				in the English language in writing and by such other means as the Board shall
				determine adequate to ascertain the qualifications of the applicant.
(c) The passing grade on the jurisprudence
				written test shall be 70.
(d)
				Applicants shall not collaborate in any manner with any other person on
				examination matters while the applicant's examination is in progress.
				Violations of this rule shall subject the offender to disciplinary
				action.
(e) If an applicant fails
				to be licensed within one-year of taking and passing the jurisprudence exam,
				the applicant must retake and pass the exam in order to be licensed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 271 - EXAMINATIONS › Section 271.5 - Licensure without Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon
				payment of a fee in an amount set by the Board, the Board may license
				applicants who have not taken Part III of the National Board of Examiners in
				Optometry (NBEO) and who:
(1) have no pending
				disciplinary actions in the state, district, or territory in which the
				applicant is licensed;
(2) have
				never had their license suspended or revoked;
(3) meet all requirements of the
				Act;
(4) are currently licensed as
				a therapeutic optometrist in good standing in another state, the District of
				Columbia, or territory of the United States;
(5) have passed an examination that is
				equivalent or superior to the examination required by §351.253 of the Act;
				and
(6) have, for at least five of
				the seven years preceding the application date, 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.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 271 - EXAMINATIONS › Section 271.6 - National Board Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board
				determines that the written examination by the National Board of Examiners in
				Optometry (NBEO) known as Part I and Part II complies in all material respects
				with the examination requirements of §351.256 of the Act. The passing
				score on each Part of the National Board written examination is determined by
				the criterion-referenced standard setting approach, in which the passing score
				is set at the scaled score of 300. The Board will accept scores from an NBEO
				written examination if Part I or II was satisfactorily completed on or after
				January 1, 1984.
(b) The Board
				determines that the practical examination known as Part III by the National
				Board of Examiners in Optometry (NBEO) complies in all material respects with
				the practical examination requirements of §351.256 of the Act. The passing
				scores on Part III shall be determined by the NBEO. The Board will accept
				scores from an NBEO Part III examination if Part III was satisfactorily
				completed on or after June of 1994.
(c) All applicants must comply with the
				application process and qualification criteria of §351.254 of the Act, as
				well as all applicable Board rules.
(d) Each applicant shall submit a true and
				correct copy of the applicant's score report and such other evidence of having
				achieved a passing grade on each part of the NBEO examination as outlined in
				subsections (a) and (b) of this section. No license will be issued to an
				applicant until evidence of passage of the NBEO examination is
				received.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 271 - EXAMINATIONS › Section 271.7 - Criminal History Evaluation Letters

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Authority. A person may request the Board to issue a criminal history
				evaluation letter regarding the person's eligibility for a license as
				authorized by Chapter 53 of the Texas Occupations Code.
(b) Eligibility. Only a person planning to
				enroll or who is enrolled in optometry school and who has reason to believe
				that the person is ineligible for licensure due to a conviction or deferred
				adjudication for a felony or misdemeanor offense may request the criminal
				history evaluation letter.
(c)
				Request. The request must include:
(1) A
				completed Board request form available from the Board;
(2) A statement by the person of the basis
				for the person's potential ineligibility;
(3) The required fee set out in §
										273.4 of
				this title (relating to Fees (Not Refundable));
(4) Official copies of all court
				documentation regarding a conviction or deferred adjudication which the person
				believes may make that person ineligible for license; and
(5) Proof that the person has requested the
				Federal Bureau of Investigation and the Texas Department of Public Safety to
				provide a criminal history report to the Board based on fingerprints submitted
				by the person.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 272 - ADMINISTRATION › Section 272.1 - Open Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Open records
				requests. The following guidelines apply to requests for records under the Open
				Records Act, Government Code, Chapter 552.
(1) Requests must be in writing and
				reasonably identify the records requested.
(2) Records access will be by appointment
				only.
(3) Records access is
				available only during the regular business hours of the agency.
(4) Generally, unless confidential
				information is involved, review may be by physical access or by duplication at
				the requester's option. Any person, however, whose request would be unduly
				disruptive to the ongoing business of the office may be denied physical access
				and will only be provided the option of receiving copies.
(5) When the safety of any public record is
				at issue, physical access may be denied, and the records will be provided by
				duplication as previously described.
(6) Confidential files will not be made
				available for inspection or for duplication except under certain circumstances,
				e.g., court order.
(7) All open
				records request appointments will be referred to the executive director before
				complying with a request.
(8) The
				open records coordinator for the agency is the executive director.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 272 - ADMINISTRATION › Section 272.2 - Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
The Texas Optometry Board adopts by reference the rules
				  promulgated by the General Services Commission regarding the Historically
				  Underutilized Business Program which are set forth in Chapter 111, Subchapter
				  B, of Title 1, Part 5 of the Texas Administrative Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 272 - ADMINISTRATION › Section 272.3 - Contract and Purchasing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				accordance with Tex. Gov't Code §
									2155.076, the
				Board adopts by reference the rules of the Comptroller of Public Accounts
				regarding purchasing protest procedures set forth in 34 Tex. Admin. Code
				§20.384. All vendor protests under this rule must be submitted to the
				Board's purchaser, who shall initiate a review of the protest. Any appeal to a
				determination of a protest by the purchaser shall be to the executive director,
				who may elect to submit the appeal to the Board for final determination. The
				Board shall maintain all documentation on the purchasing process that is the
				subject of a protest or appeal in accordance with the Board's retention
				schedule.
(b) In accordance with
				Tex. Gov't Code §
									2156.005,
				the Board adopts by reference the rules of the Comptroller of Public Accounts
				regarding bid opening and tabulation set forth in 34 Tex. Admin. Code §
									20.35.
(c) In accordance with Tex. Gov't
				Code §
									2260.052, the Board
				adopts by reference the rules of the Office of the Attorney General in 1 Tex.
				Admin. Code Part 3, Chapter 68 (relating to Negotiation and Mediation of
				Certain Contract Disputes). The rules set forth a process to permit parties to
				structure a negotiation or mediation in a manner that is most appropriate for a
				particular dispute regardless of the contract's complexity, subject matter,
				dollar amount, or method and time of performance.
(d) In accordance with Tex. Gov't Code §
									2261.202,
				the executive director shall be responsible for monitoring agency contracts and
				for monitoring agency compliance with all applicable laws governing agency
				contracting. The executive director may delegate those duties necessary to
				carry out this responsibility to other agency staff who report directly to the
				executive director.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 273 - GENERAL RULES › Section 273.1 - Surrender of License

Current through Reg. 49, No. 28; July 12, 2024
Any person formerly licensed to practice optometry in this
				  state, who receives notification from the board that the person's license to
				  practice optometry has expired for failure to pay the annual renewal fee, shall
				  within 10 days of receipt of such notification from the board either pay the
				  applicable renewal fee or surrender the license by mailing or otherwise
				  delivering such license to the board office. Alternatively, rather than
				  physically surrender the license, the person may file with the board an
				  affidavit in the form acceptable to the executive director to the effect that
				  such person is not practicing and will not practice
				  optometry.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 273 - GENERAL RULES › Section 273.2 - Use of Name of Retired or Deceased Optometrist

Current through Reg. 49, No. 28; July 12, 2024
(a) In the event of the death or retirement
				of an optometrist who was practicing optometry in a partnership, or with a
				professional corporation or professional association, the surviving members of
				the professional corporation or association may, with the written permission of
				the retiring optometrist, or the deceased optometrist's legal representative,
				continue to practice with the name of the deceased or retired
				optometrist.
(b) The fact that such
				optometrist is retired or deceased shall be clearly displayed in such a manner
				that such facts will be clearly visible to the public prior to entry of the
				optometrist's office or reception area. By way of an example, an appropriate
				professional identifying sign might be as follows: "SMITH, JONES & BROWN,
				INC. OPTOMETRISTS, Jim Smith O.D. (1912-1981), Jim Jones, O.D. Retired, Paul
				Brown, O.D."
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 273 - GENERAL RULES › Section 273.3 - Contact Lenses as Prize or Premium

Current through Reg. 49, No. 28; July 12, 2024
In order to provide consistency in the enforcement of the
				  Texas Optometry Act, Section 351.404, no person in this state shall give or
				  cause to be given, deliver or cause to be delivered, in any manner whatsoever,
				  any contact lenses as a prize or premium, or as an inducement to sell any book,
				  paper, magazine, or any work of literature or art, or any item of merchandise
				  whatsoever.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 273 - GENERAL RULES › Section 273.4 - Fees (Non-Refundable)

Current through Reg. 49, No. 28; July 12, 2024
(a) Examination
				Application Fee $150.00.
(b)
				License Without Examination Application Fee $305.00 .
(c) Therapeutic Certification Application Fee
				$85.00 .
(d) Optometric Glaucoma
				Specialist License Application Fee $55.00 .
(e) Initial Therapeutic License Fee: $55.00
				plus $5.00 fee required by House Bill 2985, 78th Legislature. Total fee: $60.00
				. Beginning January 1, 2021, a fee of $265.36 plus $6.00 fee required by House
				Bill 2985, 78th Legislature. Total fee for biennial renewal: $271.36
				.
(f) License Renewal.
(1) Fee for licenses renewed on or before the
				January 1 expiration date:
(A) Optometrist,
				Therapeutic Optometrist and inactive Optometric Glaucoma Specialist: $220.36
				plus $1.00 fee required by House Bill 2985, 78th Legislature. Total fee:
				$221.36 .
(B) Active Optometric
				Glaucoma Specialist: $230.00 plus $1.00 fee required by House Bill 2985, 78th
				Legislature. Total fee: $231.00 .
(C) Beginning January 1, 2021, the renewal
				fee for biennial renewal is:
(i) Optometrist,
				Therapeutic Optometrist and inactive Optometric Glaucoma Specialist: $430.72
				plus $2.00 fee required by House Bill 2985, 78th Legislature. Total fee:
				$432.72 .
(ii) Active Optometric
				Glaucoma Specialist: $450.00 plus $2.00 fee required by House Bill 2985, 78th
				Legislature. Total fee: $452.00 .
(iii) Licenses renewed for the one year for
				2021: the fee will be prorated for the one-year period.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 273 - GENERAL RULES › Section 273.5 - Clinical Instruction and Practice - Limited License for Clinical Faculty

Current through Reg. 49, No. 28; July 12, 2024
(a) Issuance of limited license. The criteria
				for the issuance of a limited faculty license are as follows:
(1) the applicant must be a full-time faculty
				member of an institution accredited by the Accreditation Council on Optometric
				Education (ACOE) or a state recognized accrediting entity;
(2) the applicant must be a graduate of an
				institution accredited by the ACOE;
(3) the applicant's practice must be limited
				to the premises of the institution and its affiliated clinics;
(4) the practice must be an adjunct to the
				institution's teaching program; and
(5) the applicant must have paid the fees
				required by §
										273.4 of
				this title (relating to Fees).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 273 - GENERAL RULES › Section 273.6 - Licenses for a Limited Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Provisional License.
(1) Requirements for
				Provisional License. On application for examination, a candidate may apply for
				a provisional license under the following circumstances:
(A) The applicant must be licensed in good
				standing as a therapeutic optometrist in another state, the District of
				Columbia, or a territory of the United States that has licensing requirements
				that are substantially equivalent to the requirements of the Texas Optometry
				Act, and must furnish proof of such licensure on board forms
				provided.
(B) The applicant must
				have passed the National Board of Examiners in Optometry (NBEO) Examination
				Parts I and II, after January 1, 1984, and Part III after June of 1994, as well
				as the Treatment and Management of Ocular Disease (TMOD) Examination after
				January of 1985 and must submit a true and correct copy of the applicant's
				score report.
(C) The applicant
				must have satisfied the educational requirement of §
											280.2 of this
				title (relating to Required Education).
(D) The applicant must not have failed an
				examination for a license conducted by the board.
(E) The applicant's license to practice
				optometry must not have been revoked or suspended by any
				jurisdiction.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 273 - GENERAL RULES › Section 273.7 - Inactive Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Placing a
				license on inactive status. A person who is licensed by the Board to practice
				optometry but who is not engaged in the practice of optometry in this state may
				place the license on inactive status at the time of license renewal as follows.
				The licensee shall:
(1) complete and submit
				before the expiration date a license renewal application provided by the
				Board;
(2) state on the renewal
				application that the license is to be placed on inactive status and that the
				licensee shall not practice optometry in Texas while the license is inactive;
				and
(3) pay the fee for renewal of
				license as specified in §
										273.4 of this title (relating to
				Fees (Not Refundable)). Penalty fees as provided by Section 351.304 of the Act,
				will apply to those received after December 31 of the applicable renewal
				period.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 273 - GENERAL RULES › Section 273.9 - Public Interest Information

Current through Reg. 49, No. 28; July 12, 2024
(a) In order for
				the public to be informed regarding the functions of the board and the board's
				procedures by which complaints are filed with and resolved by the board, each
				licensee is required to display at every location where optometric services are
				provided information regarding the board's name, address, and telephone
				number.
(b) The licensee may either
				display a placard or sign furnished by the board or provide to all patients and
				consumers a consumer pamphlet furnished by the board containing the name of the
				board, mailing address, and telephone number for the purpose of directing
				complaints to the board.
(c) The
				placard or sign shall be conspicuously and prominently displayed in a location
				where it may be seen by all patients.
(d) The consumer pamphlet, if chosen, shall
				be prominently displayed and available to patients at all times.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 273 - GENERAL RULES › Section 273.10 - Licensee Compliance with Payment Obligations

Current through Reg. 49, No. 28; July 12, 2024
Child support payments; Chapter 232 of the Texas Family
				  Code.
(1) An application for license
				renewal will not be accepted if a child support agency provides the board with
				notice that a licensee has failed to pay child support for six months or more
				and requests that the board not accept the application.
(2) The application will be considered once
				the board receives notice from the child support agency that the licensee is in
				compliance with the requirements of Chapter 232 of the Texas Family
				Code.
(3) The board may charge the
				licensee a fee in an amount sufficient to recover the administrative costs
				incurred by the board under this chapter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 273 - GENERAL RULES › Section 273.11 - Public Participation in Meetings

Current through Reg. 49, No. 28; July 12, 2024
A schedule time shall be established on each posted agenda to
				  allow the opportunity for public comment on any issue under the jurisdiction of
				  the board. The time allowed an individual spokesperson may be limited at the
				  discretion of the chair.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 273 - GENERAL RULES › Section 273.12 - Profile Information

Current through Reg. 49, No. 28; July 12, 2024
(a) All licensees
				shall provide, on each application for renewal of license, the information
				listed in subsection (b). New licensees shall provide the information listed in
				subsection (b) prior to receiving a license.
(b) Each license holder is required to
				furnish:
(1) the name of the license holder
				and the address and telephone number of the license holder's primary practice
				location; and
(2) a personal email
				address.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 273 - GENERAL RULES › Section 273.13 - Contract or Employment with Community Health Centers

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) Community Health Center. A nonprofit
				corporation under the Texas Non-Profit Corporation Act and § 501(c)(3),
				Internal Revenue Code of 1986 that is organized and operated as either:
(A) a migrant, community, or homeless health
				center under the authority of and in compliance with
				42 U.S.C. §
												254b or §
											254c;
				or
(B) a federally qualified health
				center under
				42
				U.S.C. §
												1396d(l)(2)(B).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 273 - GENERAL RULES › Section 273.14 - License Applications for Military Service Member, Military Veteran, and Military Spouse

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) "Military service member" means a person
				who is on active duty.
(2)
				"Military spouse" means a person who is married to a military service
				member.
(3) "Military veteran"
				means a person who has served on active duty, who was discharged or released
				from active duty, and who was not dishonorably discharged.
(4) "Active duty" means current full-time
				military service in the armed forces of the United States or active duty
				military service as a member of the Texas military forces, as defined by §
										437.001, Government
				Code, or similar military service of another state.
(5) "Armed forces of the United States" means
				the army, navy, air force, space force, coast guard, or marine corps of the
				United States or a reserve unit of one of those branches of the armed
				forces.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 273 - GENERAL RULES › Section 273.16 - Licensee Compliance With Board Investigations and Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon a request of the Board or Board
				staff, a licensee shall furnish to the Board complete copies of patient records
				within 14 days of the written request. The patient's privilege against
				disclosure does not apply to the Board in a disciplinary investigation or a
				proceeding under the Optometry Practice Act.
(b) Failure to timely respond to a request
				for records may be grounds for disciplinary action and/or administrative
				penalties.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 273 - GENERAL RULES › Section 273.17 - Emergency Management

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) Cardiopulmonary resuscitation (CPR) is an
				emergency lifesaving procedure performed when the heart stops beating. A
				certification in CPR includes training and successful course completion in
				cardiopulmonary resuscitation, AED and obstructed airway procedures for all age
				groups according to recognized national standards.
(2) Basic Life Support (BLS) is a basic level
				of pre-hospital and inter-hospital emergency care and non-emergency medical
				services care. A certification in BLS includes training and successful course
				completion in airway management, cardiopulmonary resuscitation (CPR), control
				of shock and bleeding and splinting of fractures, according to recognized
				national standards.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 275 - CONTINUING EDUCATION › Section 275.1 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Number of hours
				required to renew.
(1) The Texas Optometry Act
				requires each optometrist licensed in this state to take 16 hours of continuing
				education per calendar year with at least six hours in the diagnosis or
				treatment of ocular disease. Beginning with the 2021 license renewal, at least
				12 hours of the required 16 hours shall be in the diagnosis or treatment of
				ocular disease. The subject of at least one hour of the required 16 hours shall
				be professional responsibility. The calendar year is considered to begin
				January 1 and run through December 31.
(2) Hours required beginning with the 2023
				license renewal.
(A) 32 hours of continuing
				education taken during the two-year period preceding license renewal.
(B) 24 hours of the required 32 hours shall
				be in the diagnosis or treatment of ocular disease.
(C) Two hours of the required 32 hours shall
				be in professional responsibility as defined in subsection (b)(1)(H) of this
				section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 275 - CONTINUING EDUCATION › Section 275.3 - Continuing Education Tracking System

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Effective January 1, 2022, each licensee shall submit proof of completion for
				each continuing education course taken to the continuing education tracking
				system.
(b) Each licensee is
				responsible for reviewing the information contained in the tracking system to
				ensure its accuracy.
(c) As of
				January 1, 2022, Board staff will verify completion of continuing education
				renewal requirements through the tracking system.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 277 - PRACTICE AND PROCEDURE › Section 277.1 - Complaint Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				Pursuant to §351.205 of the Act, the Board is authorized to adopt rules
				relating to the investigation of complaints filed with the Board.
(b) Complaints. Complaints shall be submitted
				on the official complaint form. The Board shall protect the identity of a
				complainant in the investigative process to the extent possible. Complaints
				shall contain the following information:
(1)
				the name and contact information of the complainant (and patient);
(2) the name and contact information of the
				person the complaint is filed against;
(3) the date, time, and place of occurrence
				of alleged violation of the Act or Board rules;
(4) the type of service (in-person or
				telehealth);
(5) the complete
				description of incident giving rise to the complaint; and
(6) the express authorization to release
				patient records to the Board where applicable.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 277 - PRACTICE AND PROCEDURE › Section 277.3 - Probation

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall have the right and may
				upon majority vote rule that an order denying an application for license or any
				order canceling, suspending, or revoking any license be probated so long as the
				probated practitioner conforms to such orders and rules as the Board may set
				out in the terms of the probation. The Board, at the time of its decision to
				probate the practitioner, shall set out the period of time which shall
				constitute the probationary period; provided, however, that the Board may at
				any time while the practitioner remains on probation upon majority vote rescind
				the probation and enforce the Board's original action denying, suspending, or
				revoking such license for violation of the terms of the probation or for other
				good cause as the Board in its discretion may determine. To rescind the
				probation shall require a formal disciplinary hearing and be conducted as a
				contested case within the meaning of the APA.
(b) The Executive Director shall maintain a
				chronological and alphabetical listing of licensees who have had their license
				canceled, suspended, or revoked, and shall monitor each consent order in
				respect to each license holder's specific sanction. Any noncompliance observed
				as a result of monitoring shall be referred to the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 277 - PRACTICE AND PROCEDURE › Section 277.4 - Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
Any practitioner whose license to practice has been revoked
				  for a period of more than one year may, after the expiration of at least one
				  year from the date that such revocation became final, apply to the Board, on
				  forms provided by the Board, to have the revocation order withdrawn and to have
				  the Board reinstate a license to practice optometry or therapeutic optometry.
				  In considering the reinstatement of a revoked license, the State Office of
				  Administrative Hearings shall consider all factors it deems relevant, and the
				  applicant for reinstatement of a revoked license must appear before the State
				  Office of Administrative Hearings. After consideration of the proposal for
				  decision, the Board in its discretion may:
(1) deny reinstatement of a revoked
				license;
(2) reinstate a revoked
				license and probate the practitioner for a specified period of time under
				specified conditions; or
(3)
				authorize reinstatement of the revoked license.