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Subchapter A. General Provisions
Section 351.001. Short Title - Sec. 351.001. SHORT TITLE. This chapter may be cited as...
Section 351.002. Definitions - Sec. 351.002. DEFINITIONS. In this chapter: (1) "Adnexa" means the...
Section 351.003. Reference in Other Law - Sec. 351.003. REFERENCE IN OTHER LAW. A reference in another...
Section 351.004. Sunset Provision - Sec. 351.004. SUNSET PROVISION. The Texas Optometry Board is subject...
Section 351.005. Application of Chapter; Exemptions - Sec. 351.005. APPLICATION OF CHAPTER; EXEMPTIONS. (a) This chapter does...
Subchapter B. Texas Optometry Board
Section 351.051. Texas Optometry Board; Membership - Sec. 351.051. TEXAS OPTOMETRY BOARD; MEMBERSHIP. (a) The Texas Optometry...
Section 351.052. Membership Eligibility - Sec. 351.052. MEMBERSHIP ELIGIBILITY. (a) An optometrist or therapeutic optometrist...
Section 351.053. Membership and Employee Restrictions; Conflicts of Interest - Sec. 351.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS; CONFLICTS OF INTEREST. (a)...
Section 351.054. Terms - Sec. 351.054. TERMS. (a) Members of the board serve staggered...
Section 351.055. Officers - Sec. 351.055. OFFICERS. (a) The governor shall designate a member...
Section 351.056. Grounds for Removal - Sec. 351.056. GROUNDS FOR REMOVAL. (a) It is a ground...
Section 351.057. Per Diem; Reimbursement - Sec. 351.057. PER DIEM; REIMBURSEMENT. (a) A board member is...
Section 351.058. Meetings - Sec. 351.058. MEETINGS. (a) At least twice a year the...
Section 351.0585. Certain Reports Required at Regular Meetings - Sec. 351.0585. CERTAIN REPORTS REQUIRED AT REGULAR MEETINGS. The board...
Section 351.059. Training - Sec. 351.059. TRAINING. (a) The board shall establish a training...
Subchapter C. Executive Director and Other Agency Personnel
Section 351.101. Executive Director - Sec. 351.101. EXECUTIVE DIRECTOR. The board may employ an executive...
Section 351.103. Staff Attorney - Sec. 351.103. STAFF ATTORNEY. The board is authorized to employ...
Section 351.104. Other Personnel - Sec. 351.104. OTHER PERSONNEL. The board may employ personnel necessary...
Section 351.105. Division of Responsibilities - Sec. 351.105. DIVISION OF RESPONSIBILITIES. The board shall develop and...
Section 351.106. Qualifications and Standards of Conduct Information - Sec. 351.106. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The board...
Section 351.107. Career Ladder Program; Performance Evaluations - Sec. 351.107. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. (a) The executive...
Section 351.108. Equal Opportunity Policy; Report - Sec. 351.108. EQUAL OPPORTUNITY POLICY; REPORT. (a) The executive director...
Subchapter D. Powers and Duties
Section 351.151. Rules - Sec. 351.151. RULES. (a) The board by a majority vote...
Section 351.152. Fees - Sec. 351.152. FEES. (a) The board shall set fees in...
Section 351.154. Application of Fees - Sec. 351.154. APPLICATION OF FEES. (a) Except as otherwise provided...
Section 351.155. Rules Restricting Advertising or Competitive Bidding - Sec. 351.155. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The...
Section 351.156. Board Duties Regarding Complaints - Sec. 351.156. BOARD DUTIES REGARDING COMPLAINTS. (a) The board by...
Section 351.157. Enforcement - Sec. 351.157. ENFORCEMENT. (a) The board, a committee of the...
Section 351.1575. Inspection of Premises and Review of Records Authorized - Sec. 351.1575. INSPECTION OF PREMISES AND REVIEW OF RECORDS AUTHORIZED....
Section 351.158. Legal Representation - Sec. 351.158. LEGAL REPRESENTATION. (a) In a hearing before the...
Section 351.159. Committee Appointments and Recommendations - Sec. 351.159. COMMITTEE APPOINTMENTS AND RECOMMENDATIONS. (a) The board may...
Section 351.160. Pharmaceutical Agents - Sec. 351.160. PHARMACEUTICAL AGENTS. The board by rule shall designate...
Section 351.161. Seal; Design of License - Sec. 351.161. SEAL; DESIGN OF LICENSE. The board shall adopt...
Section 351.162. Office - Sec. 351.162. OFFICE. The board shall maintain an office in...
Section 351.163. Board Records - Sec. 351.163. BOARD RECORDS. (a) The board shall keep a...
Section 351.166. Information Provided to License Holders - Sec. 351.166. INFORMATION PROVIDED TO LICENSE HOLDERS. At least once...
Section 351.167. Poison Control Center Information - Sec. 351.167. POISON CONTROL CENTER INFORMATION. The board shall provide...
Section 351.168. Technological Solutions Policy Required - Sec. 351.168. TECHNOLOGICAL SOLUTIONS POLICY REQUIRED. The board shall implement...
Section 351.169. Alternative Rulemaking and Dispute Resolution - Sec. 351.169. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION. (a) The board...
Subchapter E. Public Interest Information and Complaint Procedures
Section 351.201. Public Interest Information - Sec. 351.201. PUBLIC INTEREST INFORMATION. (a) The board shall prepare...
Section 351.202. Public Participation - Sec. 351.202. PUBLIC PARTICIPATION. (a) The board shall develop and...
Section 351.203. Complaints - Sec. 351.203. COMPLAINTS. (a) The board by rule shall establish...
Section 351.2034. Complaints Resulting From Glaucoma Treatment - Sec. 351.2034. COMPLAINTS RESULTING FROM GLAUCOMA TREATMENT. (a) The board,...
Section 351.2035. Complaints Resulting From Inspections - Sec. 351.2035. COMPLAINTS RESULTING FROM INSPECTIONS. (a) The board shall...
Section 351.2036. Procedure for Processing Complaints - Sec. 351.2036. PROCEDURE FOR PROCESSING COMPLAINTS. (a) The board may...
Section 351.204. Records of Complaints - Sec. 351.204. RECORDS OF COMPLAINTS. (a) The board shall maintain...
Section 351.2045. Confidentiality of Complaints, Adverse Reports, Investigation Files, and Other Information - Sec. 351.2045. CONFIDENTIALITY OF COMPLAINTS, ADVERSE REPORTS, INVESTIGATION FILES, AND...
Section 351.2046. Requirements for Certain Complaints - Sec. 351.2046. REQUIREMENTS FOR CERTAIN COMPLAINTS. (a) In this section:...
Section 351.205. General Rules Regarding Complaint Investigation and Disposition - Sec. 351.205. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION. (a)...
Subchapter F. License Requirements
Section 351.251. License Required - Sec. 351.251. LICENSE REQUIRED. A person may not practice optometry...
Section 351.252. Education Requirements for Therapeutic Optometrist - Sec. 351.252. EDUCATION REQUIREMENTS FOR THERAPEUTIC OPTOMETRIST. (a) A person...
Section 351.2525. Criminal History Record Information for License Issuance - Sec. 351.2525. CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE. (a)...
Section 351.2526. Review of National Practitioner Database - Sec. 351.2526. REVIEW OF NATIONAL PRACTITIONER DATABASE. The board shall...
Section 351.253. Examination Requirement for Therapeutic Optometrist - Sec. 351.253. EXAMINATION REQUIREMENT FOR THERAPEUTIC OPTOMETRIST. A person must...
Section 351.254. Examination Application - Sec. 351.254. EXAMINATION APPLICATION. (a) An applicant is eligible to...
Section 351.255. Conduct of Examination - Sec. 351.255. CONDUCT OF EXAMINATION. (a) The board shall give...
Section 351.256. Examination Subjects - Sec. 351.256. EXAMINATION SUBJECTS. (a) The examination must consist of...
Section 351.257. Examination Results - Sec. 351.257. EXAMINATION RESULTS. (a) The board shall notify each...
Section 351.258. Issuance of License to Therapeutic Optometrist; Fee - Sec. 351.258. ISSUANCE OF LICENSE TO THERAPEUTIC OPTOMETRIST; FEE. (a)...
Section 351.259. Provisional License - Sec. 351.259. PROVISIONAL LICENSE. (a) The board shall issue a...
Section 351.2595. License Without Examination - Sec. 351.2595. LICENSE WITHOUT EXAMINATION. The board may issue a...
Section 351.260. Limited License for Clinical Faculty - Sec. 351.260. LIMITED LICENSE FOR CLINICAL FACULTY. (a) The board...
Section 351.261. Display of License or Certificate - Sec. 351.261. DISPLAY OF LICENSE OR CERTIFICATE. A person practicing...
Section 351.262. Information Presented to Patient - Sec. 351.262. INFORMATION PRESENTED TO PATIENT. (a) An optometrist or...
Section 351.263. Lost or Destroyed License - Sec. 351.263. LOST OR DESTROYED LICENSE. The board shall issue...
Section 351.264. Inactive Status - Sec. 351.264. INACTIVE STATUS. The board by rule may provide...
Section 351.265. Retired Status - Sec. 351.265. RETIRED STATUS. (a) The board by rule may...
Section 351.266. Military Limited Volunteer License - Sec. 351.266. MILITARY LIMITED VOLUNTEER LICENSE. (a) The board shall...
Subchapter G. License Renewal
Section 351.301. Renewal Certificate - Sec. 351.301. RENEWAL CERTIFICATE. (a) A person required by this...
Section 351.302. License Renewal - Sec. 351.302. LICENSE RENEWAL. (a) A license under this chapter...
Section 351.303. Notice of License Expiration - Sec. 351.303. NOTICE OF LICENSE EXPIRATION. Not later than the...
Section 351.304. Procedure for Renewal - Sec. 351.304. PROCEDURE FOR RENEWAL. (a) Not later than the...
Section 351.3045. Criminal History Record Information Requirement for License Renewal - Sec. 351.3045. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL....
Section 351.305. Issuance of Certificate - Sec. 351.305. ISSUANCE OF CERTIFICATE. On receipt of the required...
Section 351.306. Renewal of Expired License by Out-of-State Practitioner - Sec. 351.306. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. (a)...
Section 351.3065. Renewal of Expired License by Retired Optometrist or Therapeutic Optometrist - Sec. 351.3065. RENEWAL OF EXPIRED LICENSE BY RETIRED OPTOMETRIST OR...
Section 351.307. Governmental Service, Training, or Education - Sec. 351.307. GOVERNMENTAL SERVICE, TRAINING, OR EDUCATION. An optometrist or...
Section 351.308. Continuing Education - Sec. 351.308. CONTINUING EDUCATION. (a) An optometrist or therapeutic optometrist...
Section 351.309. Continuing Education Exemptions - Sec. 351.309. CONTINUING EDUCATION EXEMPTIONS. A person is exempt from...
Subchapter H. Practice by License Holder
Section 351.351. License Holder Information - Sec. 351.351. LICENSE HOLDER INFORMATION. (a) A license holder shall...
Section 351.352. Optometric Files and Records - Sec. 351.352. OPTOMETRIC FILES AND RECORDS. (a) All prescription files,...
Section 351.353. Initial Examination of Patient - Sec. 351.353. INITIAL EXAMINATION OF PATIENT. To ensure adequate examination...
Section 351.354. Certain Optometric Services Authorized - Sec. 351.354. CERTAIN OPTOMETRIC SERVICES AUTHORIZED. An optometrist or therapeutic...
Section 351.355. Determining or Measuring Vision - Sec. 351.355. DETERMINING OR MEASURING VISION. In determining or measuring...
Section 351.356. Fitting Lenses or Prisms - Sec. 351.356. FITTING LENSES OR PRISMS. In fitting lenses or...
Section 351.357. Fitting and Dispensing Contact Lenses - Sec. 351.357. FITTING AND DISPENSING CONTACT LENSES. (a) Contact lenses...
Section 351.358. Ophthalmic Devices, Oral Medications, and Pharmaceutical Agents - Sec. 351.358. OPHTHALMIC DEVICES, ORAL MEDICATIONS, AND PHARMACEUTICAL AGENTS. (a)...
Section 351.3581. Treatment of Glaucoma - Sec. 351.3581. TREATMENT OF GLAUCOMA. (a) A therapeutic optometrist may...
Section 351.359. Prescription - Sec. 351.359. PRESCRIPTION. (a) An ophthalmic lens prescription must include:...
Section 351.360. Professional Standard of Therapeutic Optometrist - Sec. 351.360. PROFESSIONAL STANDARD OF THERAPEUTIC OPTOMETRIST. A therapeutic optometrist,...
Section 351.361. Lease; Payment Basis; Accounts Receivable - Sec. 351.361. LEASE; PAYMENT BASIS; ACCOUNTS RECEIVABLE. (a) An optometrist...
Section 351.362. Professional Responsibility; Name of Practice - Sec. 351.362. PROFESSIONAL RESPONSIBILITY; NAME OF PRACTICE. (a) An optometrist...
Section 351.363. Mercantile Establishment - Sec. 351.363. MERCANTILE ESTABLISHMENT. (a) To safeguard the visual welfare...
Section 351.364. Relationships With Dispensing Opticians - Sec. 351.364. RELATIONSHIPS WITH DISPENSING OPTICIANS. (a) If an optometrist...
Section 351.365. Patient Rights Regarding Spectacle Prescription - Sec. 351.365. PATIENT RIGHTS REGARDING SPECTACLE PRESCRIPTION. (a) If, after...
Section 351.366. Authority to Form Certain Jointly Owned Entities - Sec. 351.366. AUTHORITY TO FORM CERTAIN JOINTLY OWNED ENTITIES. (a)...
Section 351.367. Contract or Employment With Community Health Centers - Sec. 351.367. CONTRACT OR EMPLOYMENT WITH COMMUNITY HEALTH CENTERS. (a)...
Subchapter I. Prohibited Practices in General
Section 351.401. Prohibited Offer, Representation, or Designation - Sec. 351.401. PROHIBITED OFFER, REPRESENTATION, OR DESIGNATION. Unless a person...
Section 351.402. Impersonation Prohibited - Sec. 351.402. IMPERSONATION PROHIBITED. A person may not: (1) impersonate...
Section 351.403. False, Deceptive, or Misleading Advertising - Sec. 351.403. FALSE, DECEPTIVE, OR MISLEADING ADVERTISING. (a) A person...
Section 351.404. Eyeglasses as Prize or Inducement - Sec. 351.404. EYEGLASSES AS PRIZE OR INDUCEMENT. A person in...
Section 351.405. Alteration of Prescription - Sec. 351.405. ALTERATION OF PRESCRIPTION. A person may not alter...
Section 351.406. Expired Contact Lens Prescription - Sec. 351.406. EXPIRED CONTACT LENS PRESCRIPTION. A person may not...
Section 351.407. Governmental Discrimination Prohibited - Sec. 351.407. GOVERNMENTAL DISCRIMINATION PROHIBITED. (a) A program supported by...
Section 351.408. Control of Optometry - Sec. 351.408. CONTROL OF OPTOMETRY. (a) This section and Sections...
Section 351.409. Prohibited Activity by Unlicensed Person - Sec. 351.409. PROHIBITED ACTIVITY BY UNLICENSED PERSON. An unlicensed person...
Subchapter J. Prohibited Practices by License Holder
Section 351.451. Prohibited Treatment by License Holder - Sec. 351.451. PROHIBITED TREATMENT BY LICENSE HOLDER. (a) An optometrist...
Section 351.452. Prohibited Use of Pharmaceutical Agent - Sec. 351.452. PROHIBITED USE OF PHARMACEUTICAL AGENT. A therapeutic optometrist...
Section 351.4521. Performance of Surgery Prohibited - Sec. 351.4521. PERFORMANCE OF SURGERY PROHIBITED. A therapeutic optometrist may...
Section 351.453. Examination Required for Prescription - Sec. 351.453. EXAMINATION REQUIRED FOR PRESCRIPTION. An optometrist or therapeutic...
Section 351.454. Contagious or Infectious Disease - Sec. 351.454. CONTAGIOUS OR INFECTIOUS DISEASE. (a) An optometrist or...
Section 351.455. Practice Prohibited From House to House - Sec. 351.455. PRACTICE PROHIBITED FROM HOUSE TO HOUSE. (a) A...
Section 351.456. Practice Prohibited During License Suspension or Revocation - Sec. 351.456. PRACTICE PROHIBITED DURING LICENSE SUSPENSION OR REVOCATION. A...
Section 351.457. Professional Responsibility; Fees - Sec. 351.457. PROFESSIONAL RESPONSIBILITY; FEES. (a) An optometrist or therapeutic...
Section 351.458. Professional Responsibility; Use of Name or Professional Identification - Sec. 351.458. PROFESSIONAL RESPONSIBILITY; USE OF NAME OR PROFESSIONAL IDENTIFICATION....
Section 351.459. Mercantile Establishment; Prohibited Acts - Sec. 351.459. MERCANTILE ESTABLISHMENT; PROHIBITED ACTS. (a) This section applies...
Section 351.460. Relationships With Dispensing Opticians; Prohibited Acts - Sec. 351.460. RELATIONSHIPS WITH DISPENSING OPTICIANS; PROHIBITED ACTS. (a) A...
Subchapter K. Disciplinary Procedures
Section 351.501. Denial of License and Disciplinary Action by Board - Sec. 351.501. DENIAL OF LICENSE AND DISCIPLINARY ACTION BY BOARD....
Section 351.5014. Submission to Mental or Physical Examination - Sec. 351.5014. SUBMISSION TO MENTAL OR PHYSICAL EXAMINATION. (a) In...
Section 351.5015. Temporary Suspension or Restriction of License - Sec. 351.5015. TEMPORARY SUSPENSION OR RESTRICTION OF LICENSE. (a) The...
Section 351.502. Wilful or Repeated Noncompliance - Sec. 351.502. WILFUL OR REPEATED NONCOMPLIANCE. (a) The board shall...
Section 351.503. Disciplinary Proceedings - Sec. 351.503. DISCIPLINARY PROCEEDINGS. (a) A person may initiate disciplinary...
Section 351.504. Judicial Review - Sec. 351.504. JUDICIAL REVIEW. A petition for judicial review of...
Section 351.505. Reissuance of License After Revocation - Sec. 351.505. REISSUANCE OF LICENSE AFTER REVOCATION. (a) A person...
Section 351.506. Probation - Sec. 351.506. PROBATION. If a license suspension is probated, the...
Section 351.507. Informal Proceedings; Informal Settlement Conference and Refunds - Sec. 351.507. INFORMAL PROCEEDINGS; INFORMAL SETTLEMENT CONFERENCE AND REFUNDS. (a)...
Section 351.508. Recusal Required - Sec. 351.508. RECUSAL REQUIRED. A member of the board who...
Section 351.509. Remedial Plan - Sec. 351.509. REMEDIAL PLAN. (a) The board may issue and...
Subchapter L. Administrative Penalty
Section 351.551. Imposition of Penalty - Sec. 351.551. IMPOSITION OF PENALTY. The board may impose an...
Section 351.552. Amount of Penalty - Sec. 351.552. AMOUNT OF PENALTY. (a) The amount of an...
Section 351.553. Report and Notice of Violation and Penalty - Sec. 351.553. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a)...
Section 351.554. Penalty to Be Paid or Hearing Requested - Sec. 351.554. PENALTY TO BE PAID OR HEARING REQUESTED. (a)...
Section 351.555. Hearing on Recommendations - Sec. 351.555. HEARING ON RECOMMENDATIONS. (a) If the person requests...
Section 351.556. Decision by Board - Sec. 351.556. DECISION BY BOARD. (a) Based on the findings...
Section 351.557. Options Following Decision: Pay or Appeal - Sec. 351.557. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Not...
Section 351.558. Collection of Penalty - Sec. 351.558. COLLECTION OF PENALTY. If the person does not...
Section 351.559. Determination by Court - Sec. 351.559. DETERMINATION BY COURT. (a) If a court sustains...
Section 351.560. Remittance of Penalty and Interest - Sec. 351.560. REMITTANCE OF PENALTY AND INTEREST. (a) If after...
Section 351.561. Administrative Procedure - Sec. 351.561. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is...
Subchapter M. Other Penalties and Enforcement Provisions
Section 351.601. Monitoring License Holder - Sec. 351.601. MONITORING LICENSE HOLDER. The board by rule shall...
Section 351.602. Injunction; Damages - Sec. 351.602. INJUNCTION; DAMAGES. (a) The board may sue in...
Section 351.603. Enforcement by Attorney General or Board; Civil Penalty - Sec. 351.603. ENFORCEMENT BY ATTORNEY GENERAL OR BOARD; CIVIL PENALTY....
Section 351.604. Deceptive Trade Practices - Sec. 351.604. DECEPTIVE TRADE PRACTICES. A violation of any of...
Section 351.605. Lessee Entitled to Remedies - Sec. 351.605. LESSEE ENTITLED TO REMEDIES. A person injured as...
Section 351.606. General Criminal Penalty - Sec. 351.606. GENERAL CRIMINAL PENALTY. (a) A person commits an...
Section 351.607. Dispensing Contact Lenses; Penalty - Sec. 351.607. DISPENSING CONTACT LENSES; PENALTY. (a) A person commits...
Section 351.608. Cease and Desist Order - Sec. 351.608. CEASE AND DESIST ORDER. (a) If it appears...