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 140.258 - Renewal of Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this section is to set out the rules governing permit renewal.
(b) When issued, a permit is valid for two
				  years, commencing on the date of issuance of the initial permit.
(c) A permit holder must renew the permit
				  every two years. The renewal date of a permit shall be the last day of the
				  month in which the permit was originally issued.
(d) At least 30 days prior to the expiration
				  date of a permit, the department shall send a notice to the permit holder's
				  address in the department's records and a permit renewal form. The renewal form
				  shall give notice of the expiration date of the permit and the amount of the
				  renewal fee required. The permit holder must complete and return the renewal
				  form and fee to the department.
(e)
				  The permit renewal form shall require the applicant to provide the preferred
				  mailing address, primary employment address and telephone number, trade names
				  and addresses of all locations in which the optician intends to conduct
				  business, and the disclosure of misdemeanor or felony convictions.
(f) A permit holder has renewed the permit
				  when the permit holder has mailed the fully completed renewal form and the
				  required renewal fee to the department prior to the expiration date of the
				  permit. The postmark date shall be considered the date of mailing.
(g) The department shall issue a renewed
				  permit to a permit holder who has met all requirements for renewal.
(h) Each permit holder is responsible for
				  renewing the permit before the expiration date and shall not be excused from
				  paying additional fees or penalties. Failure to receive notification from the
				  department prior to the expiration date of the permit shall not excuse failure
				  to file for timely renewal.
(i) A
				  permit holder whose permit has expired may not fill a contact lens prescription
				  in this state or sell, deliver, or dispense contact lenses to any person in
				  this state.
(j) A person whose
				  permit has been expired for 90 days or less may renew the permit by paying to
				  the department a renewal fee that is equal to one and one-half times the
				  normally required permit fee.
(k) A
				  person whose permit has been expired for more than 90 days but less than one
				  year may renew the permit by paying to the department a renewal fee that is
				  equal to two times the normally required permit fee.
(l) A person whose permit has been expired
				  for one year or more may not renew the permit. The person may obtain a new
				  permit by complying with requirements and procedures for an original
				  permit.
(m) A retired individual
				  permit holder who wishes to dispense contact lenses only in the provision of
				  voluntary charity care may renew the permit every two years by submitting the
				  renewal form and the retired contact lens dispenser renewal fee in accordance
				  with the renewal procedures described in this section. Voluntary charity care
				  means dispensing contact lenses at no cost to the consumer. A retired contact
				  lens dispenser who renews under this subsection may not sell contact lenses or
				  receive any remuneration for dispensing lenses.
(n) A permit holder whose check for the
				  renewal fee is not honored by the financial institution shall remit to the
				  department a money order or cashier's check within 30 days of the date of the
				  permit holder's receipt of the department's notice. If proper payment is not
				  received, the permit shall not be renewed. If a renewed permit has already been
				  issued, it shall be ineffective.
(o) If a permit holder fails to timely renew
				  his or her permit because the permit holder is or was on active duty with the
				  armed forces of the United States of America serving outside the State of
				  Texas, the permit holder may renew the permit pursuant to this subsection.
(1) Renewal of the permit may be requested by
				  the permit holder, the permit holder's spouse, or an individual having power of
				  attorney from the permit holder. The renewal form shall include a current
				  address and telephone number for the individual requesting the
				  renewal.
(2) Renewal may be
				  requested before or after expiration of the permit. Permit holders who renew in
				  accordance with this subsection shall be excused from paying late fees and
				  penalties.
(3) A copy of the
				  official orders or other official military documentation showing that the
				  permit holder is or was on active duty serving outside the State of Texas shall
				  be filed with the department along with the renewal form.
(4) A copy of the power of attorney from the
				  permit holder shall be filed with the department along with the renewal form if
				  the individual having the power of attorney executes any of the documents
				  required in this subsection.