reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 277 - PRACTICE AND PROCEDURE › Section 277.7 - Patient Records

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				protect the patient's health, an optometrist or therapeutic optometrist shall
				create and maintain a legible and accurate written patient record for each
				patient. Every patient record shall provide sufficient information such that:
(1) another optometrist or therapeutic
				optometrist can identify the examination performed and the results obtained,
				and
(2) the Board can accurately
				assess a licensee's compliance with §§
										279.1
				and
				279.3 of
				this title, and Optometry Act § 351.353.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 277 - PRACTICE AND PROCEDURE › Section 277.8 - Emergency Temporary Suspension or Restriction

Current through Reg. 49, No. 28; July 12, 2024
(a) Annually, the chair of the Board shall
				appoint for approval by the Board a three-member disciplinary panel ("panel")
				and alternate, consisting of at least one public member, for the purpose of
				making a determination of whether a license should be temporarily suspended or
				restricted under Section 351.5015 of the Act. The chair shall name one of the
				members as chair of the panel. If a member of the panel is recused, or unable
				to participate in the panel, the alternate Board member may serve in the
				member's place.
(b) The panel shall
				meet to receive information on a complaint indicating that a licensee's
				continued practice of optometry or therapeutic optometry may constitute a
				continuing or imminent threat to the public welfare. At the conclusion of the
				meeting, if the panel concludes that the licensee's continued practice would
				constitute a continuing or imminent threat to the public welfare, the panel may
				restrict or suspend the license for a temporary, stated period of
				time.
(c) The disciplinary panel
				may hold a meeting by telephone conference call if immediate action is required
				and convening of the panel at one location is inconvenient for any member of
				the disciplinary panel.
(d) The
				panel may suspend a license under this section without notice or a hearing on
				the complaint, provided the Investigation-Enforcement Committee shall meet in
				an informal conference as soon as practical, to determine if formal
				disciplinary proceedings should be initiated against the licensee. The licensee
				must receive notice of the conference at least 72 hours prior to the
				conference.
(e) Following the
				informal conference, the Investigation-Enforcement Committee shall take one of
				the following actions:
(1) Lift the temporary
				suspension or restriction and reinstate the license without
				conditions.
(2) Negotiate an agreed
				settlement order that will dissolve, continue or modify the suspension or
				restriction, or impose other sanctions as appropriate. The agreed order shall
				be presented to the Board at the next available Board Meeting for
				approval.
(3) Prepare a complaint
				affidavit setting out the details of the complaint and recommended sanctions,
				and forward the complaint affidavit to the State Office of Administrative
				Hearings for setting of an administrative hearing. Following the hearing, the
				administrative law judge will prepare a proposal for decision for adoption, in
				the form of an order, by the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 277 - PRACTICE AND PROCEDURE › Section 277.9 - Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy.
				The Board encourages the resolution and early settlement of all contested
				matters through voluntary settlement procedures. Board employees shall
				implement this policy.
(b)
				Definitions. The following words and terms, when used in this chapter, shall
				have the following meanings, unless the context clearly indicates otherwise.
(1) ADR--Alternative Dispute
				Resolution.
(2) Alternative dispute
				resolution procedure or ADR procedure--A nonjudicial and informally conducted
				forum for the voluntary settlement of contested matter through intervention of
				an impartial third party.
(3)
				Alternative dispute resolution director or ADR director--The director of the
				agency office empowered by the Board to coordinate and oversee ADR procedures
				and mediators.
(4) Contested
				matter--A request for an order or other formal or informal authorization from
				the Board that is opposed.
(5)
				Mediator--The person appointed by the ADR office director to preside over ADR
				proceedings regardless of which ADR method is used.
(6) Parties--The agencies, employees,
				managers, supervisors or customers who are in conflict.
(7) Participants--The executive director, the
				agency legal counsel, the complainant, the respondent, the person who timely
				filed hearing requests which gave rise to the dispute or if parties have been
				named, the named parties.
(8)
				Private mediator--A person in the profession of mediation who is not a Texas
				state employee and who has met all the qualifications prescribed by Texas law
				for mediators.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 277 - PRACTICE AND PROCEDURE › Section 277.10 - Remedial Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) Section 351.509
				authorizes the Board to issue a remedial plan to resolve the investigation of a
				complaint.
(b) The issuance of a
				remedial plan does not impose disciplinary action. Records of the remedial plan
				will be removed from the records of the Board on the date two years after the
				date that a licensee successfully completes a remedial plan.
(c) A remedial plan may not:
(1) revoke, suspend, limit, or restrict a
				license or assess an administrative penalty;
(2) be imposed to resolve a complaint
				concerning a death, hospitalization, or the commission of a felony;
				and
(3) be imposed if the Board
				issued a remedial plan to a licensee within the preceding 24
				months.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 277 - PRACTICE AND PROCEDURE › Section 277.11 - Submission to Mental or Physical Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) If the Board has probable cause to
				believe that a licensee/applicant has developed an incapacity that prevents or
				could prevent the applicant or license holder from practicing optometry or
				therapeutic optometry with reasonable skill, competence, and safety to the
				public (an incapacity), the Board shall require the licensee/applicant to
				submit to a mental and/or physical examination by a physician or other
				healthcare professional designated by the Board. Probable cause may include,
				but is not limited to, any one of the following:
(1) sworn statements from two people, willing
				to testify before the Board, that a certain licensee/applicant has developed an
				incapacity;
(2) a sworn statement
				from a representative of the Peer Assistance Program, stating that the
				representative is willing to testify before the Board that a certain
				licensee/applicant has developed an incapacity;
(3) evidence that a licensee/applicant left a
				treatment program for alcohol or chemical dependency before a completion of
				that program;
(4) evidence that a
				licensee/applicant has engaged in the intemperate use of drugs or alcohol at a
				time and under circumstances that would lead a reasonable person to believe
				that the licensee/applicant has developed an incapacity;
(5) evidence of repeated arrests of a
				licensee/applicant for intoxication or drug use;
(6) evidence of recurring temporary
				commitments to a mental institution of a licensee/applicant;
(7) medical records showing that a
				licensee/applicant has an illness or condition that results in the inability to
				function properly in his or her practice; or
(8) actions or statements by a
				licensee/applicant at a hearing conducted by the Board that gives the Board
				reason to believe that the licensee has developed an
				incapacity.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 277 - PRACTICE AND PROCEDURE › Section 277.12 - Denial Of License And Disciplinary Action By Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Denial of License. The Board may refuse
				to issue a license to an applicant, if the Board determines that:
(1) the applicant is guilty of fraud, deceit,
				dishonesty, or misrepresentation in the practice of optometry or therapeutic
				optometry or in seeking admission to that practice;
(2) the applicant is unfit or incompetent by
				reason of negligence;
(3) the
				applicant has been convicted of a misdemeanor involving moral turpitude or a
				felony;
(4) the applicant has
				developed an incapacity that prevents or could prevent the applicant from
				practicing optometry or therapeutic optometry with reasonable skill,
				competence, and safety to the public;
(5) the applicant has wilfully or repeatedly
				violated this chapter or a Board rule adopted under this chapter;
(6) the applicant has acted to deceive,
				defraud, or harm the public;
(7)
				the applicant is guilty of gross incompetence in the practice of optometry or
				therapeutic optometry;
(8) the
				applicant has engaged in a pattern of practice or other behavior demonstrating
				a wilful provision of substandard care;
(9) the applicant has committed an act of
				sexual abuse, misconduct, or exploitation with a patient or has otherwise
				unethically or immorally abused the doctor-patient relationship;
(10) the applicant has prescribed, sold,
				administered, distributed, or given a drug legally classified as a controlled
				substance or as an addictive or dangerous drug for other than an accepted
				diagnostic or therapeutic purpose;
(11) the applicant has failed to report to
				the Board the relocation of the applicant's office not later than the 30th day
				after the date of relocation, whether in or out of this state;
(12) the applicant's violation of a law of
				this state, other than Texas Occupations Code Chapter 351, or a rule of another
				licensing board in this state, or of a statute or rule of another state if the
				violation constitutes a violation of the laws of this state or a Board rule;
				or
(13) the applicant has violated
				the provisions of a disciplinary order or agreement issued by the
				Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 277 - PRACTICE AND PROCEDURE › Section 277.13 - Complaints Resulting From Glaucoma Treatment - Investigation Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Each jurisdictional complaint received by
				the Board related to a therapeutic optometrist's treatment of a patient for
				glaucoma or a jurisdictional complaint that includes allegations involving
				failure to refer glaucoma treatment to an ophthalmologist pursuant to
				§351.3581(d) of the Optometry Act, shall be subject to a two-step
				investigation process as set forth more thoroughly in this Rule. A complaint is
				jurisdictional if it alleges conduct by a licensee that, if true, would
				constitute a violation of the Optometry Act or Board rules.
(b) Each jurisdictional complaint shall be
				subjected to an Initial Investigation, which may then result in an Official
				Investigation overseen by the Expert Panel, as contemplated in § 277.14 of
				this title (relating to Complaints Resulting From Glaucoma Treatment-Use of
				Case Review Consultant and Expert Panel).
(c) Upon receipt of a complaint regarding
				glaucoma treatment, for which the Board has jurisdiction, such complaint shall
				undergo an Initial Investigation by the Board, including an initial review by a
				qualified physician licensed in this state who specializes in ophthalmology
				selected by the Board from a list of ophthalmologists approved by the Texas
				Medical Board (such qualified licensed physician being hereinafter referred to
				as the "Case Review Consultant"). Each jurisdictional complaint referred to the
				Case Review Consultant shall be provided to the Texas Medical Board. The Case
				Review Consultant shall have access to the initial investigation
				materials.
(d) The Initial
				Investigation shall at least include the following:
(1) Any and all information received from the
				complainant;
(2) Any and all
				medical records related to the complaint;
(3) Any and all communication or response to
				the complaint from the Respondent; and
(4) The Case Review Consultant's written
				report that determines whether the treatment of the patient for glaucoma
				violated the standard of care applicable to a physician specializing in
				ophthalmology.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 277 - PRACTICE AND PROCEDURE › Section 277.14 - Complaints Resulting From Glaucoma Treatment - Use of Case Review Consultant and Expert Panel

Current through Reg. 49, No. 28; July 12, 2024
(a) Composition.
				Upon a determination under § 277.13 of this title (relating to Complaints
				Resulting From Glaucoma Treatment - Investigation Process) by the Case Review
				Consultant that a Respondent has violated the standard of care for the
				treatment of glaucoma, the Texas Optometry Board shall forward the complaint
				and report to an Expert Panel appointed by the Texas Optometry Board and the
				Texas Medical Board. The panel shall be composed of an equal number of
				physicians who specialize in ophthalmology and therapeutic optometrists.
				Ophthalmologists shall be selected from a list approved by the Texas Medical
				Board for such purposes and the therapeutic optometrists certified as
				Optometric Glaucoma Specialists shall be selected from a list approved by the
				Texas Optometry Board.
(b)
				Qualifications. To be eligible to serve as a Case Review Consultant or as a
				member of the Expert Panel, interest shall be submitted to the Texas Optometry
				Board and Texas Medical Board through an application. The Texas Optometry Board
				and Texas Medical Board will collaborate to approve Case Review Consultants and
				Expert Panel Members. An applicant may be considered if they meet the following
				criteria:
(1) Is a Texas-licensed therapeutic
				optometrist certified as an Optometric Glaucoma Specialist or a Texas-licensed
				physician specializing in ophthalmology who has been in active practice in
				Texas for at least the last five (5) consecutive years immediately preceding
				the application;
(2) Has had no
				disciplinary action taken by any healthcare regulatory board in Texas or in
				another state within the last 10 years;
(3) Is not a member of the faculty or board
				of trustees of an optometry school or an institution of higher education with
				an affiliated school of optometry; or
(4) Is not an officer, employee, or paid
				consultant of a Texas trade association, or married to a spouse who is an
				officer, employee, or paid consultant of a Texas trade association, as defined
				by §351.053 of the Optometry Act, in the field of health care.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 279 - INTERPRETATIONS › Section 279.1 - Contact Lens Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) The optometrist
				or therapeutic optometrist shall, in the initial examination of the patient for
				whom contact lenses are prescribed:
(1)
				Personally make and record, if possible, the following findings of the
				conditions of the patient as required by § 351.353 of the Act:
(A) biomicroscopy examination (lids, cornea,
				sclera, etc.), using a binocular microscope;
(B) internal ophthalmoscopic examination
				(media, fundus, etc.), using an ophthalmoscope or biomicroscope with fundus
				condensing lenses; videos and photographs may be used only for documentation
				and consultation purposes but do not fulfill the internal ophthalmoscopic
				examination requirement; and
(C)
				subjective findings, far point and near point;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 279 - INTERPRETATIONS › Section 279.2 - Contact Lens Prescriptions

Current through Reg. 49, No. 28; July 12, 2024
(a) Prescription. A
				prescription for contact lenses is defined as a written order signed by the
				examining optometrist, therapeutic optometrist, or physician, or a written
				order signed by an optometrist, therapeutic optometrist, or physician
				authorized by the examining doctor to issue the prescription.
(1) If the prescription is signed by the
				examining optometrist or therapeutic optometrist, the prescription may be
				signed electronically, provided that:
(A) the
				prescription is electronically signed by the practitioner using a system which
				electronically replicates the practitioner's manual signature on the written
				prescription; and
(B) the security
				features of the system require the practitioner to authorize each
				use.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 279 - INTERPRETATIONS › Section 279.3 - Spectacle Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) The optometrist
				or therapeutic optometrist shall, in the initial examination of the patient for
				whom ophthalmic lenses are prescribed:
(1)
				Personally make and record, if possible, the following findings of the
				conditions of the patient as required by § 351.353 of the Act:
(A) biomicroscopy examination (lids, cornea,
				sclera, etc.), using a binocular microscope;
(B) internal ophthalmoscopic examination
				(media, fundus, etc.), using an ophthalmoscope or biomicroscope with fundus
				condensing lenses; videos and photographs may be used only for documentation
				and consultation purposes but do not fulfill the internal ophthalmoscopic
				examination requirement; and
(C)
				subjective findings, far point and near point.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 279 - INTERPRETATIONS › Section 279.4 - Spectacle and Ophthalmic Devices Prescriptions

Current through Reg. 49, No. 28; July 12, 2024
(a) A prescription for spectacles or
				ophthalmic devices is defined as a written order signed by the examining
				optometrist, therapeutic optometrist or physician, or a written order signed by
				an optometrist, therapeutic optometrist or physician authorized by the
				examining doctor to issue the prescription. If the prescription is signed by
				the examining optometrist or therapeutic optometrist, the prescription may be
				signed electronically, provided that:
(1) the
				prescription is electronically signed by the practitioner using a system which
				electronically replicates the practitioner's manual signature on the written
				prescription; and
(2) the security
				features of the system require the practitioner to authorize each
				use.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 279 - INTERPRETATIONS › Section 279.5 - Dispensing Ophthalmic Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				dispensing of medications, spectacles, contact lenses, or ophthalmic devices
				without a valid prescription constitutes the unlawful practice of optometry,
				subject to penalties under the Texas Optometry Act, §§ 351.251,
				351.406, 351.602, 351.603, 351.606 and 351.607.
(b) The Texas Optometry Act, § 351.453,
				relates to prescribing without examination. Nothing in this section prohibits a
				licensed optometrist or therapeutic optometrist from:
(1) duplicating a patient's spectacle
				lenses;
(2) filling or having
				filled a prescription that has been signed by an authorized
				practitioner;
(3) dispensing or
				having dispensed lenses from a patient's optometric record located within the
				same optometric office; or
(4)
				replacing or repairing frames or parts thereof.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 279 - INTERPRETATIONS › Section 279.9 - Advertising

Current through Reg. 49, No. 28; July 12, 2024
(a) All advertising must be in compliance
				with the Texas Optometry Act, § 351.155 and § 351.403. Any
				advertising regarding services to be provided by an optometrist must not be
				false, deceptive, or misleading.
(b) The term "board certified" or any similar
				word or phrase denoting certification or specialization may be used by an
				optometrist if the advertising includes the name of the organization that has
				conferred the certification or specialization. The Texas Optometry Board does
				not confer certifications or specializations.
(c) Any advertisement of price of contact
				lens shall affirmatively disclose the number of lenses included for the price
				specified.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 279 - INTERPRETATIONS › Section 279.10 - Professional Identification

Current through Reg. 49, No. 28; July 12, 2024
(a) To protect
				the public health and provide a means for the patient to identify a licensee in
				a complaint filed with the Board, § 351.362 of the Act requires an
				optometrist or therapeutic optometrist to display the doctor's name so that the
				name is visible to the public before entry into the office reception area. This
				requirement does not apply to an optometrist or therapeutic optometrist
				practicing at a location on a temporary basis, as defined in subsection (b) of
				this section.
(b) Temporary basis
				is defined as the practice of optometry or therapeutic optometry at an office
				for no more than two consecutive months. For example, an optometrist or
				therapeutic optometrist practicing at a location one day per week during a
				three month period is not at that location on a temporary basis, and the
				doctor's name must be displayed as required in § 351.362 of the
				Act.
(c) Section 351.458 of the Act
				prohibits the display of an optometrist or therapeutic optometrist's
				professional designation if the intent of the display is to mislead the public
				that the named optometrist or therapeutic optometrist owner regularly practices
				at that location. Therefore an optometrist or therapeutic optometrist
				practicing at an office in which the doctor has no ownership interest, must
				display the doctor's name as licensed by the Board, regardless of the
				percentage of time spent at that office, unless the doctor's practice meets the
				definition of temporary basis in subsection (b) of this section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 279 - INTERPRETATIONS › Section 279.11 - Relationship with Dispensing Optician - Books and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas Optometry Act, §351.364,
				relating to relationships with dispensing opticians, states: The purpose of
				this section is to insure that the practice of optometry or therapeutic
				optometry shall be carried out in such a manner that it is completely and
				totally separated from the business of any dispensing optician, with no control
				of one by the other and no solicitation for one by the other.
(b) It is therefore the interpretation of
				this Board that an optometrist or therapeutic optometrist practicing under his
				own name and dispensing, repairing, or duplicating lenses and/or frames in his
				own office as part of his optometric practice would not be required to keep
				separate records or books by virtue of the fact that it is all part of his
				practice of optometry and not a separate dispensing business.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 279 - INTERPRETATIONS › Section 279.12 - Relationship with Dispensing Optician - Separation of Offices

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Optometry Act,
				§351.364(a), requires that the space occupied by the optometrist or
				therapeutic optometrist shall be separated from the space occupied by the
				dispensing optician by solid partitions or walls from floor to ceiling. The
				intent of the Texas Legislature in passing §351.364 is specifically
				spelled out in §351.364(d) and is to insure that the practices of
				optometry and therapeutic optometry shall be carried out in such a manner that
				they are completely and totally separated from the business of any dispensing
				optician.
(b) In light of the
				overriding legislative intent in passing §351.364 that the practices of
				optometry and therapeutic optometry be completely and totally separate from the
				business of any dispensing optician, it is the interpretation of the Board that
				§351.364(a), set forth in subsection (a) of this section, prohibits the
				space occupied by an optometrist or therapeutic optometrist and space occupied
				by a dispensing optician from being joined by a wall in which there is a door,
				either locked or unlocked.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 279 - INTERPRETATIONS › Section 279.13 - Professional Responsibility for Off-Site Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Optometry Act was enacted in
				part to safeguard the visual welfare of the public and the optometrist-patient
				relationship and to fix professional responsibility with respect to the
				patient.
(b) In order to comply
				with these objectives and to assure patients will have adequate follow-up care,
				this rule applies to licensed optometrists or therapeutic optometrists who
				practice optometry or therapeutic optometry, including the examination and
				prescribing or supplying of lenses to patients away from their place of
				practice such as:
(1) a nursing home or other
				abode to patients confined therein,
(2) an industrial site, when requested to do
				so, or
(3) a school site when
				requested to do so by the school administration.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 279 - INTERPRETATIONS › Section 279.14 - Patient Files

Current through Reg. 49, No. 28; July 12, 2024
Patient's optometric records are defined as the patient
				  chart, historical record, or working document during the course of examination
				  and patient care between the doctor and patient. The patient's records may
				  contain information regarding spectacle prescription findings and contact lens
				  prescription findings but do not include a prescription for spectacles or
				  contact lenses.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 279 - INTERPRETATIONS › Section 279.15 - Practice with Contagious or Infectious Disease.

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Optometry Act, §351.454,
				requires that no licensed optometrist or therapeutic optometrist practice
				optometry or therapeutic optometry while knowingly suffering from a contagious
				or infectious disease, if the disease is one that could reasonably be
				transmitted in the normal performance of optometry or therapeutic
				optometry.
(b) For purposes of
				interpretation, a "contagious or infectious disease" is defined as a "disease
				capable of being transmitted from one person to another by contact or close
				proximity." Infectious agents transmitted from one person to another by contact
				or close proximity would include bacteria and viruses.
(c) A licensee shall be deemed practicing
				while knowingly suffering from an infectious or contagious disease when a
				medical diagnosis of that disease has been made.
(d) The following include but are not limited
				to infectious diseases or diseases that can be transmitted:
(1) Infectious agents which may be
				transmitted by direct contact or by respiratory route include: chickenpox,
				common cold, infectious mononucleosis, influenza, mycoplasma pneumonia,
				measles, meningococcal disease, mumps, pertussis, rubella and
				tuberculosis.
(2) Diseases that
				could be transmitted by direct contact include: chlamydia trachomatous
				infections, herpes simplex viruses, staphylococcal infections, streptococcal
				infections, and bacterial and viral conjunctivitis.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 279 - INTERPRETATIONS › Section 279.16 - Telehealth Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				The following words and terms, when used in this section, shall have the
				following meanings, unless the context indicates otherwise.
(1) Licensed optometrist or therapeutic
				optometrist. As defined in Texas Occupations Code §
										351.251.
(2) Store and forward technology. As defined
				in Texas Occupations Code §
										111.001(2).
(3) Telehealth services. As defined in Texas
				Occupations Code §
										111.001(3).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 280 - THERAPEUTIC OPTOMETRY › Section 280.2 - Required Education

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				demonstrate compliance in regard to therapeutic optometry, successful
				completion of at least 90 classroom hours of Board approved postgraduate
				course-work and clinical training in general and ocular pharmacology and
				related pathology conducted by an accredited institution which has facilities
				for both didactic and clinical instruction, or via other educational programs
				approved by the Board, is required. Of the required 90 classroom hours, a
				minimum of 20 hours must be obtained in applied clinical skills. The applicant
				must provide documentation of successful completion of course work from the
				institution.
(b) In order to assure
				that therapeutic optometrists are current and proficient in up-to-date
				therapeutic knowledge and techniques, optometrists having graduated prior to
				January 1, 1991, shall obtain a minimum of 90 classroom hours in postgraduate
				courses of general and ocular pharmacology and related pathology. Optometrists
				graduated after January 1, 1991, shall be considered as having met the
				educational requirements.
(c) To be
				acceptable, courses of classroom hours must receive prior approval by the
				Board, upon recommendation of the Continuing Education Committee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 280 - THERAPEUTIC OPTOMETRY › Section 280.3 - Certified Therapeutic Optometrist Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) The certified therapeutic optometrist
				examination shall be the Treatment and Management of Ocular Disease Examination
				(TMOD) administered by the National Board of Examiners in Optometry under
				contract with the Association of Regulatory Boards of Optometry. Inasmuch as
				the inception date of the TMOD was April of 1985, a passing score from any TMOD
				test administered subsequent to that date will be accepted.
(b) Application and appropriate fees required
				for that examination shall be made directly by the applicant with the testing
				entity.
(c) Applicant is
				responsible for having the certified test results forwarded to the Texas
				Optometry Board upon successful completion. A pass/fail grade will be
				sufficient.
(d) Any applicant who
				has failed the TMOD may submit to a reexamination under the guidelines of the
				testing entity. The filing of a new application and payment of a new
				application fee will be required to be filed with the Texas Optometry
				Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 280 - THERAPEUTIC OPTOMETRY › Section 280.5 - Prescription and Diagnostic Drugs for Therapeutic Optometry

Current through Reg. 49, No. 28; July 12, 2024
(a) A therapeutic optometrist may administer
				and prescribe any drug authorized by Section 351.358 of the Texas Optometry
				Act.
(b) To prohibit substitution
				of a generically equivalent drug product on a written prescription drug order,
				a therapeutic optometrist must write across the face of the written
				prescription, in the therapeutic optometrist's own handwriting, "brand
				necessary" or "brand medically necessary." If the therapeutic optometrist does
				not clearly indicate "brand necessary" or "brand medically necessary," the
				pharmacist may substitute a generically equivalent drug product in compliance
				with the Texas Pharmacy Act, (Tex. Occ. Code Sections 562.008 and 562.009), and
				§
									309.3 of this title (relating to
				Substitution Requirements).
(c) All
				prescriptions shall contain the following information:
(1) the date of issuance;
(2) the name and address of the patient for
				whom the drug is prescribed;
(3)
				the name, strength, and quantity of the drug, medicine, or device
				prescribed;
(4) the direction for
				use of the drug, medicine, or device prescribed;
(5) the name and address of the therapeutic
				optometrist;
(6) the manually
				written signature of the prescribing therapeutic optometrist; or an electronic
				signature provided that the prescription is electronically signed by the
				practitioner using a system which electronically replicates the practitioner's
				manual signature on the written prescription, and provided:
(A) that security features of the system
				require the practitioner to authorize each use; and
(B) the prescription is printed on paper that
				is designed to prevent unauthorized copying of a completed prescription and to
				prevent the erasure or modification of information written on the prescription
				by the prescribing practitioner; and
(7) the license number of the prescribing
				therapeutic optometrist including the therapeutic designation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 280 - THERAPEUTIC OPTOMETRY › Section 280.6 - Procedures Authorized for Therapeutic Optometrists

Current through Reg. 49, No. 28; July 12, 2024
(a) Under the authority of §351.358 of
				the Texas Optometry Act, a therapeutic optometrist may administer, perform, or
				prescribe ophthalmic devices, procedures, and appropriate medications
				administered by topical means, to diagnose or treat visual defects, abnormal
				conditions, or diseases of the human vision system, including the eye and
				adnexa.
(b) Pursuant to the
				limitations in subsection (a) of this title, a therapeutic optometrist may:
(1) administer an amniotic membrane in a
				procedure that does not involve suturing; and
(2) dispense and charge for therapeutic
				contact lenses in accordance with §551.004 of the Texas Pharmacy
				Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 280 - THERAPEUTIC OPTOMETRY › Section 280.8 - Optometric Glaucoma Specialist: Required Education, Examination and Clinical Skills Evaluation

Current through Reg. 49, No. 28; July 12, 2024
(a) Education
				Required.
(1) Successful completion of at
				least 30 verified instruction or classroom hours of Board approved review
				course work in glaucoma diagnosis and treatment and pharmacology of approved
				oral and anti-glaucoma drugs is required for licensure as an optometric
				glaucoma specialist. The applicant must provide documentation of successful
				completion of course work.
(2) To
				be acceptable, courses of verified instruction or classroom hours must receive
				prior approval by the Board. Approved courses may be given only by accredited
				colleges and schools of optometry or via other educational programs approved by
				the Board. Successfully completed classroom hours may be used to satisfy the
				Continuing Education requirements for that year.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 280 - THERAPEUTIC OPTOMETRY › Section 280.9 - Application for Licensure as Optometric Glaucoma Specialist

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed therapeutic optometrist must
				submit a completed application on forms provided by the Texas Optometry Board
				(Board) to be eligible for licensure as an optometric glaucoma specialist. An
				optometric glaucoma specialist may:
(1)
				administer and prescribe appropriate medications by topical or oral means for
				the purpose of diagnosing and treating visual defects, abnormal conditions and
				diseases of the human vision system, including the eye and adnexa, as set forth
				in §
										280.10 of this chapter;
				and
(2) treat glaucoma, as set
				forth in §351.3581 of the Texas Optometry Act and §
										280.10 of this chapter, including
				the administration and prescribing of appropriate medications by topical, oral
				or parenteral means.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 14 - TEXAS OPTOMETRY BOARD › Chapter 280 - THERAPEUTIC OPTOMETRY › Section 280.10 - Optometric Glaucoma Specialist: Administration and Prescribing of Oral Medications and Anti-Glaucoma Drugs

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				optometric glaucoma specialist may administer and prescribe any drug authorized
				by the Texas Optometry Act, §351.358 and §351.3581, in addition to
				those drugs that may be administered and prescribed by a therapeutic
				optometrist.
(b) The requirements
				of §
									280.5 of this chapter (relating to
				Prescription and Diagnostic Drugs for Therapeutic Optometry) and the statutes
				cited in the rule apply to the optometric glaucoma specialist's prescription
				orders, the administration of drugs in the optometric office and the labeling
				of drugs supplied to patients. The requirements for a prescription order for a
				Controlled Substance are listed in subsection (f) of this section.
(c) An optometric glaucoma specialist may
				administer and prescribe appropriate medications in accordance with the Texas
				Optometry Act Section 351.3581, in addition to those drugs authorized by §
									280.5 of this chapter:
(1) appropriate oral and topical
				pharmaceutical agents used for diagnosing and treating visual defects, abnormal
				conditions, or diseases of the human vision system, including the eye and
				adnexa;
(2) appropriate medication
				by parenteral means and purpose pursuant to Section 351.3581 of the Texas
				Optometry Act; and
(3) antiglaucoma
				drugs.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.1 - Objective and Scope

Current through Reg. 49, No. 28; July 12, 2024
The objective of this chapter is to obtain a just, fair,
					 and equitable determination of any matter within the jurisdiction of the board.
					 To the end that this objective may be attained with as great expedition and at
					 the least expense as possible to the parties and the state, the provisions of
					 this chapter shall be given a liberal construction. The provisions of this
					 chapter govern the procedure for the institution, conduct, and determination of
					 all proceedings before the board. All actions taken by the board shall be in
					 accordance with the Act, the Government Code, the Occupations Code, the board's
					 rules and any other applicable laws or rules.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.3 - Construction of This Chapter

Current through Reg. 49, No. 28; July 12, 2024
(a) In the
				  construction of this chapter, a provision of a section referring to the board,
				  or a provision referring to the presiding officer, is construed to apply to the
				  board or the president if the matter is within the jurisdiction of the
				  board.
(b) Unless otherwise
				  provided by law, any duty imposed on the board or the president may be
				  delegated to a duly authorized representative. In such case, the provisions of
				  any section referring to the board or the president shall be construed to also
				  apply to the duly authorized representative(s) of the board or the
				  president.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.4 - Official Acts in Writing and Open to the Public

Current through Reg. 49, No. 28; July 12, 2024
(a) All official acts of the board shall be
				  evidenced by a written record. Such writings shall be open to the public in
				  accordance with the Act and the Texas Public Information Act, Government Code
				  Chapter 552. Any hearing and any Board meeting shall be open to the public in
				  accordance with the Texas Open Meetings Act, Government Code, Chapter 551,
				  provided, however, that pursuant to § 552.011, Texas Pharmacy Act, the
				  board may, in its discretion, conduct deliberations relative to licensee
				  disciplinary actions in a closed meeting. The board in a closed meeting may
				  conduct disciplinary hearings relating to a pharmacist or pharmacy student who
				  is impaired because of chemical abuse or mental or physical illness. At the
				  conclusion of its deliberations relative to licensee disciplinary action, the
				  board shall vote and announce its decision relative to the licensee in open
				  session. All disciplinary hearings before the State Office of Administrative
				  Hearings shall be open to the public, including those relating to a pharmacist
				  or pharmacy student who is impaired because of chemical abuse or mental or
				  physical illness. Official action of the board shall not be bound or prejudiced
				  by any informal statement or opinion made by any member of the board or the
				  employees of the agency.
(b) The
				  president shall be the chairman and preside over all meetings of the board at
				  which the president is present unless otherwise provided for under this
				  chapter. In the absence of the president, the vice president shall preside. In
				  the vice president's absence, one of the other Board members shall preside as
				  acting chairman. The acting chairman shall be selected by mutual agreement of
				  the board members present or, lacking mutual agreement, shall be the member
				  senior in length of service on the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.5 - Initiating Proceedings Before the Board

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Rules. Any interested person may petition the board requesting the adoption of
				  a rule. Petitions shall be sent to the executive director/secretary. Within 60
				  days after the submission of a petition, the board shall either deny the
				  petition in writing, stating the reasons for the denial, or shall initiate
				  rulemaking proceedings. Petitions shall be deemed sufficient if they contain:
(1) the exact wording of the new, changed, or
				  amended proposed rule;
(2) specific
				  reference to the existing rule which is proposed to be changed or amended in
				  the case of a changed or amended rule; and
(3) a justification for the proposed action
				  set out in narrative form with sufficient particularity to inform the board and
				  any other interested party of the reasons and arguments on which the petitioner
				  is relying.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.6 - Mental or Physical Examination

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of the Act, §§
										565.001(a)(4),
					 565.052,
					 568.003(a)(5),
					 and
					 568.0036,
					 shall be applied as follows.
(1) The
				  board may discipline an applicant, licensee, or registrant if the board finds
				  that the applicant, licensee, or registrant has developed an incapacity that in
				  the estimation of the board would prevent a pharmacist from engaging in the
				  practice of pharmacy or a pharmacy technician or pharmacy technician trainee
				  from practicing with a level of skill and competence that ensures the public
				  health, safety, and welfare.
(2)
				  Upon a finding of probable cause, as determined by the board or an authorized
				  agent of the board, that the applicant, licensee, or registrant has developed
				  an incapacity that in the estimation of the board would prevent a pharmacist
				  from engaging in the practice of pharmacy or a pharmacy technician or pharmacy
				  technician trainee from practicing with a level of skill and competence that
				  ensures the public health, safety, and welfare, the following is applicable.
(A) The executive director/secretary, legal
				  counsel of the agency, or other representative of the agency as designated by
				  the executive director/secretary, shall request the applicant, licensee, or
				  registrant to submit to a mental or physical examination by a physician or
				  other healthcare professional designated by the board. The individual providing
				  the examination shall be approved by the board. Such examination shall be
				  coordinated through the entity that contracts with the board to aid impaired
				  pharmacists and pharmacy students. The applicant, licensee, or registrant
				  shall:
(i) provide the entity with written
				  notice of the appointment at least three days prior to the
				  appointment;
(ii) execute and
				  return to the entity an authorization for release of relevant information on
				  the form required by the entity, within ten days of receipt of request for the
				  release from the entity; and
(iii)
				  follow all other procedures of the entity for each examination.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.8 - Grounds for Discipline for a Pharmacy License

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purposes of §565.002(a)(9)
				  of the Act, a pharmacy fails to establish and maintain effective controls
				  against diversion of prescription drugs when:
(1) there is inadequate security or
				  procedures to prevent unauthorized access to prescription drugs; or
(2) there is inadequate security or
				  procedures to prevent the diversion of prescription drugs.