H.B. No. 1479
1-1 AN ACT
1-2 relating to the regulation of optometry and to the continuation and
1-3 functions of the Texas Optometry Board; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.02, Texas Optometry Act (Article
1-6 4552-1.02, Vernon's Texas Civil Statutes), is amended by amending
1-7 Subdivisions (1), (2), (6), and (7) and adding Subdivisions (9) and
1-8 (10) to read as follows:
1-9 (1) The "practice of optometry" is defined to be the
1-10 employment of objective or subjective means, with or without the
1-11 use of topical ocular pharmaceutical agents, for the purpose of
1-12 ascertaining and measuring the powers of vision of the human eye,
1-13 examining and diagnosing visual defects, abnormal conditions, and
1-14 diseases of the human eye and adnexa, and prescribing or fitting
1-15 lenses or prisms to correct or remedy any defect or abnormal
1-16 condition of vision. Nothing herein shall be construed to permit
1-17 optometrists to treat the eyes for any defect whatsoever in any
1-18 manner nor to administer nor to prescribe any drug or physical
1-19 treatment whatsoever, unless such optometrist is a regularly
1-20 licensed physician, <or> surgeon, or therapeutic optometrist under
1-21 the laws of this state. <Nothing herein shall be construed to
1-22 prevent selling ready-to-wear spectacles or eyeglasses as
1-23 merchandise at retail, nor to prevent simple repair jobs.>
1-24 (2) "Ascertaining and measuring the powers of vision
2-1 of the human eye" shall be construed to include:
2-2 (A) The examination of the eye to diagnose
2-3 <ascertain> the presence of defects or abnormal conditions which
2-4 may be corrected, remedied, or relieved, or the effects of which
2-5 may be corrected, remedied, or relieved by the use of lenses or
2-6 prisms, or
2-7 (B) The employment of any objective or
2-8 subjective means to determine the accommodative or refractive
2-9 condition or the range or powers of vision or <of> muscular
2-10 equilibrium of the human eye, or
2-11 (C) The employment of any objective or
2-12 subjective means for the examination of the human vision system for
2-13 the purpose of ascertaining any departure from the normal,
2-14 measuring its power of vision or adapting lenses or prisms for the
2-15 aid or relief thereof, and it shall be construed as a violation of
2-16 this Act, for any person not a licensed optometrist, therapeutic
2-17 optometrist, or physician to do any one act or thing, or any
2-18 combination of acts or things, named or described in this
2-19 subdivision; provided, that nothing herein shall be construed to
2-20 permit optometrists to treat the eye for any defect whatsoever in
2-21 any manner, nor to administer any drug or physical treatment
2-22 whatsoever, unless said optometrist is a therapeutic optometrist or
2-23 a duly licensed physician and surgeon, under the laws of this
2-24 state.
2-25 (6) A <Nothing in this Act shall be construed as
2-26 preventing a> licensed optometrist or therapeutic optometrist may
2-27 perform <from performing> vision therapy, hand-eye coordination
3-1 exercises, visual training, and developmental vision therapy and
3-2 may evaluate and remediate<, or from the evaluation and remediation
3-3 of> learning or behavioral disabilities associated with or caused
3-4 by <a> defective or abnormal conditions <condition> of vision.
3-5 (7) The "practice of therapeutic optometry" means the
3-6 employment of objective or subjective means for the purpose of
3-7 ascertaining and measuring the powers of vision of the human eye,
3-8 examining and diagnosing visual defects, abnormal conditions, and
3-9 diseases of the human eye and adnexa, prescribing or fitting lenses
3-10 or prisms to correct or remedy a defect or abnormal condition of
3-11 vision, administering or prescribing a drug or physical treatment
3-12 in the manner authorized by this Act, and treating the eye and
3-13 adnexa as authorized by this Act without the use of surgery or
3-14 laser surgery.
3-15 (9) "Optometrist" means a person licensed under this
3-16 Act and authorized to engage in the practice of optometry.
3-17 (10) "Therapeutic optometrist" means a person licensed
3-18 under this Act and authorized to engage in the practice of
3-19 therapeutic optometry.
3-20 SECTION 2. Sections 2.01 and 2.01a, Texas Optometry Act
3-21 (Articles 4552-2.01 and 4552-2.01a, Vernon's Texas Civil Statutes),
3-22 are amended to read as follows:
3-23 Sec. 2.01. Board created. The Texas Optometry Board is
3-24 created. The board is composed of nine members appointed by the
3-25 governor with the advice and consent of the Senate. Appointments
3-26 to the board shall be made without regard to the race, color,
3-27 disability <creed>, sex, age, religion, or national origin of the
4-1 appointees.
4-2 Sec. 2.01a. Sunset Provision. The Texas Optometry Board is
4-3 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
4-4 continued in existence as provided by that chapter, the board is
4-5 abolished and this Act expires September 1, 2005 <1993>.
4-6 SECTION 3. Section 2.02, Texas Optometry Act (Article
4-7 4552-2.02, Vernon's Texas Civil Statutes), is amended by amending
4-8 Subsections (b), (d), and (i) and adding Subsections (j) and (k) to
4-9 read as follows:
4-10 (b) Three members must be representatives of the general
4-11 public. A person is not eligible for appointment as a public
4-12 member of the board if the person or the person's spouse:
4-13 (1) is registered, certified, or licensed by an
4-14 occupational regulatory agency in the field of health care;
4-15 (2) is employed by or participates in the management
4-16 of or is an officer or paid consultant of a business entity or
4-17 other organization that provides health-care services or that
4-18 sells, manufactures, or distributes health-care supplies or
4-19 equipment; <or>
4-20 (3) owns, controls, or has, directly or indirectly, a
4-21 financial interest in a business entity or other organization that
4-22 provides health-care services or that sells, manufactures, or
4-23 distributes health-care supplies or equipment; or
4-24 (4) uses or receives a substantial amount of tangible
4-25 goods, services, or funds from the board, other than compensation
4-26 or reimbursement authorized by law for board membership,
4-27 attendance, or expenses.
5-1 (d) A person <who is required to register as a lobbyist
5-2 under Chapter 305, Government Code,> may not serve as a member of
5-3 the board or act as the general counsel to the board if the person
5-4 is required to register as a lobbyist under Chapter 305, Government
5-5 Code, because of the person's activities for compensation on behalf
5-6 of a profession related to the operation of the board.
5-7 (i) A <No> person may not serve more than two complete terms
5-8 <a total of 12 years> on the board. Time served on the board prior
5-9 to September 1, 1981, shall not count toward this limitation.
5-10 (j) Each board member shall comply with the board member
5-11 training requirements established by any other state agency that is
5-12 given authority to establish the requirements for the board.
5-13 (k) The board shall establish a training program for the
5-14 members of the board.
5-15 (1) Before a member of a board may assume the member's
5-16 duties and before the member may be confirmed by the Senate, the
5-17 member must complete at least one course of the training program
5-18 established under this section.
5-19 (2) A training program established under this section
5-20 shall provide information to a participant regarding:
5-21 (A) the enabling legislation that created the
5-22 board to which the member is appointed;
5-23 (B) the programs operated by the agency;
5-24 (C) the role and functions of the agency;
5-25 (D) the rules of the agency with an emphasis on
5-26 the rules that relate to disciplinary and investigatory authority;
5-27 (E) the current budget for the agency;
6-1 (F) the results of the most recent formal audit
6-2 of the agency;
6-3 (G) the requirements of the:
6-4 (i) open meetings law, Chapter 271, Acts
6-5 of the 60th Legislature, Regular Session, 1967 (Article 6252-17,
6-6 Vernon's Texas Civil Statutes), and its subsequent amendments;
6-7 (ii) open records law, Chapter 424, Acts
6-8 of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
6-9 Vernon's Texas Civil Statutes), and its subsequent amendments; and
6-10 (iii) Administrative Procedure and Texas
6-11 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) and
6-12 its subsequent amendments;
6-13 (H) the requirements of the conflict of interest
6-14 laws and other laws relating to public officials; and
6-15 (I) any applicable ethics policies adopted by
6-16 that state agency or the Texas Ethics Commission.
6-17 (3) In developing the training requirements provided
6-18 for in this section, the board shall consult with the governor's
6-19 office, the attorney general's office, and the ethics commission.
6-20 (4) In the event that another state agency or entity
6-21 is given the authority to establish the training requirements, the
6-22 board shall allow that training in lieu of developing its own
6-23 program.
6-24 SECTION 4. Sections 2.06(a), (b), (c), and (f), Texas
6-25 Optometry Act (Article 4552-2.06, Vernon's Texas Civil Statutes),
6-26 are amended to read as follows:
6-27 (a) The board shall preserve a record of its proceedings <in
7-1 a book kept for that purpose>.
7-2 (b) A record shall be kept showing the name, age, and
7-3 present legal and mailing address of each applicant for
7-4 examination, the name and location of the school of optometry from
7-5 which the applicant <he> holds credentials, and the time devoted to
7-6 the study and practice of optometry, together with such information
7-7 as the board may desire to record. Said record shall also show
7-8 whether applicants were rejected or licensed and shall be prima
7-9 facie evidence of all matters therein contained. The executive
7-10 director <secretary of the board> shall on or before September
7-11 <March> 1 of each year send a certified copy of said record to the
7-12 secretary of state for permanent record. A certified copy of said
7-13 record with the hand and seal of the executive director <secretary
7-14 of said board> to the secretary of state, shall be admitted as
7-15 evidence in all courts.
7-16 (c) Every license and annual renewal certificate issued
7-17 shall be numbered and recorded <in a book kept> by the executive
7-18 director <secretary of the board>.
7-19 (f) The board shall maintain <an information file about
7-20 each> complaint files in accordance with Section 4.06 of this Act
7-21 <filed with the board relating to a licensee. If a written
7-22 complaint is filed with the board relating to a licensee, the
7-23 board, at least as frequently as quarterly and until final
7-24 disposition of the complaint, shall notify the parties to the
7-25 complaint of the status of the complaint unless the notification
7-26 would jeopardize an undercover investigation>.
7-27 SECTION 5. Section 2.08, Texas Optometry Act (Article
8-1 4552-2.08, Vernon's Texas Civil Statutes), is amended by amending
8-2 Subsections (b) and (c) and adding Subsections (d), (e), (f), and
8-3 (g) to read as follows:
8-4 (b) The executive director <of the board> or the executive
8-5 director's <his> designee shall develop an intra-agency
8-6 <intraagency> career ladder program. The program shall require
8-7 intra-agency<, one part of which shall be the intraagency> posting
8-8 of all nonentry level positions concurrently with <for at least 10
8-9 days before> any public posting.
8-10 (c) The executive director <of the board> or the executive
8-11 director's <his> designee shall develop a system of annual
8-12 performance evaluations based on measurable job tasks. All merit
8-13 pay for board employees must be based on the system established
8-14 under this subsection.
8-15 (d) The executive director or the executive director's
8-16 designee shall prepare and maintain a written policy statement to
8-17 ensure implementation of a program of equal opportunity under which
8-18 all personnel transactions are made without regard to race, color,
8-19 disability, sex, religion, age, or national origin. The policy
8-20 statement must include:
8-21 (1) personnel policies, including policies relating to
8-22 recruitment, evaluation, selection, appointment, training, and
8-23 promotion of personnel, that are in compliance with requirements of
8-24 the Commission on Human Rights Act (Article 5221k, Vernon's Texas
8-25 Civil Statutes) and its subsequent amendments;
8-26 (2) a comprehensive analysis of the board work force
8-27 that meets federal and state guidelines;
9-1 (3) procedures by which a determination can be made of
9-2 significant underuse in the board work force of all persons for
9-3 whom federal or state guidelines encourage a more equitable
9-4 balance; and
9-5 (4) reasonable methods to appropriately address those
9-6 areas of significant underuse.
9-7 (e) A policy statement prepared under Subsection (d) of this
9-8 section must cover an annual period, be updated annually, be
9-9 reviewed by the Commission on Human Rights for compliance with
9-10 Subsection (d)(1) of this section, and be filed with the governor's
9-11 office.
9-12 (f) The governor's office shall deliver a biennial report to
9-13 the legislature based on information received under Subsection (e)
9-14 of this section. The report may be made separately or as part of
9-15 other biennial reports made to the legislature.
9-16 (g) The board shall develop and implement policies that
9-17 clearly define the respective responsibilities of the board and the
9-18 staff of the board.
9-19 SECTION 6. Sections 2.10 and 2.11, Texas Optometry Act
9-20 (Articles 4552-2.10 and 4552-2.11, Vernon's Texas Civil Statutes),
9-21 are amended to read as follows:
9-22 Sec. 2.10. Proceedings; subpoenas; oaths. The board, any
9-23 committee, or any member thereof, shall have the power to issue
9-24 subpoenas and subpoenas duces tecum to compel the attendance of
9-25 witnesses and the production of books, records and documents, to
9-26 administer oaths and to take testimony concerning all matters
9-27 within the <its or his> jurisdiction of the board, committee, or
10-1 member. The board shall not be bound by strict rules of procedure
10-2 or by the laws of evidence in the conduct of its proceedings but
10-3 the determination shall be founded upon sufficient legal evidence
10-4 to sustain it.
10-5 Sec. 2.11. BOND OF EXECUTIVE DIRECTOR <SECRETARY-TREASURER>.
10-6 Before entering upon the discharge of the duties of <his> office,
10-7 the executive director <secretary-treasurer of the board> shall
10-8 give such bond for the performance of the executive director's
10-9 <his> duties as the board may require, the premium of which is to
10-10 be paid from funds in the possession of the board.
10-11 SECTION 7. Sections 2.15(a), (b), and (d), Texas Optometry
10-12 Act (Article 4552-2.15, Vernon's Texas Civil Statutes), are amended
10-13 to read as follows:
10-14 (a) Except as provided by Subsection (b) of this section,
10-15 the fund realized from all fees payable under this Act shall first
10-16 be applied to the payment of all necessary expenses of the board,
10-17 and the remainder shall be applied, by order of the board, to
10-18 compensate members of the board. Each member of the board is
10-19 entitled to a per diem as set by legislative appropriation for each
10-20 day that the member engages in the business of the board. A member
10-21 may be compensated <not receive any compensation> for actual travel
10-22 expenses, including expenses for meals and lodging and<, other
10-23 than> transportation expenses. A member is entitled to
10-24 compensation for transportation expenses as provided by the General
10-25 Appropriations Act. Each board member shall make out, under oath,
10-26 a complete statement of the number of days engaged and the amount
10-27 of the member's <his> expenses when presenting same for payment.
11-1 (b) The funds realized from annual renewal fees shall be
11-2 distributed as follows: 15 percent <$10> of each renewal fee
11-3 collected by the board under Section 3.03 of this Act shall be
11-4 dedicated to the University of Houston Development Fund. The
11-5 license money placed in the development fund pursuant hereto shall
11-6 be utilized solely for scholarships and improvements in the
11-7 physical facilities, including library, of the College <School> of
11-8 Optometry.
11-9 The remainder of the fees attributable to annual renewal fees
11-10 and all other fees payable under this Act shall be placed in the
11-11 state treasury to the credit of a special fund to be known as the
11-12 "Optometry Fund," and the comptroller shall upon requisition of the
11-13 board from time to time draw warrants upon the state treasurer for
11-14 the amounts specified in such requisition; provided, however, the
11-15 fees from this optometry fund shall be expended as specified by
11-16 itemized appropriation in the General Appropriations bill and shall
11-17 be used by the Texas Optometry Board, and under its direction in
11-18 carrying out its statutory duties.
11-19 (d) The <On or before January 1 of each year, the> board
11-20 shall file annually with <make in writing to> the governor and the
11-21 presiding officer of each house of the legislature a complete and
11-22 detailed written <annual> report accounting for all funds received
11-23 and disbursed by the board during the preceding fiscal year. The
11-24 annual report must be in the form and reported in the time provided
11-25 by the General Appropriations Act.
11-26 SECTION 8. Article 2, Texas Optometry Act (Article 4552-2.01
11-27 et seq., Vernon's Texas Civil Statutes), is amended by adding
12-1 Sections 2.16, 2.17, 2.18, and 2.19 to read as follows:
12-2 Sec. 2.16. QUALIFICATIONS FOR OFFICE OR EMPLOYMENT. The
12-3 board shall provide to its members and employees, as often as
12-4 necessary, information regarding their qualification for office or
12-5 employment under this Act and their responsibilities under
12-6 applicable law relating to standards of conduct for state officers
12-7 or employees.
12-8 Sec. 2.17. PUBLIC INTEREST INFORMATION. (a) The board
12-9 shall prepare information of public interest describing the
12-10 functions of the board and the board's procedures by which
12-11 complaints are filed with and resolved by the board. The board
12-12 shall make the information available to the public and appropriate
12-13 state agencies.
12-14 (b) The board by rule shall establish methods by which
12-15 consumers and service recipients are notified of the name, mailing
12-16 address, and telephone number of the board for the purpose of
12-17 directing complaints to the board. The board may provide for that
12-18 notification:
12-19 (1) on each registration form, application, or written
12-20 contract for services of an individual or entity regulated under
12-21 this Act;
12-22 (2) on a sign prominently displayed in the place of
12-23 business of each individual or entity regulated under this Act; or
12-24 (3) in a bill for services provided by an individual
12-25 or entity regulated under this Act.
12-26 (c) The board shall list along with its regular telephone
12-27 number the toll-free telephone number that may be called to present
13-1 a complaint about a health professional if the toll-free number is
13-2 established under other state law.
13-3 Sec. 2.18. PUBLIC PARTICIPATION IN BOARD HEARINGS. The
13-4 board shall develop and implement policies that provide the public
13-5 with a reasonable opportunity to appear before the board and to
13-6 speak on any issue under the jurisdiction of the board.
13-7 Sec. 2.19. PROGRAM ACCESSIBILITY. The board shall prepare
13-8 and maintain a written plan that describes how a person who does
13-9 not speak English can be provided reasonable access to the board's
13-10 programs. The board shall also comply with federal and state laws
13-11 for program and facility accessibility.
13-12 SECTION 9. Section 3.01, Texas Optometry Act (Article
13-13 4552-3.01, Vernon's Texas Civil Statutes), is amended to read as
13-14 follows:
13-15 Sec. 3.01. Must pass examination. Every person hereafter
13-16 desiring to be licensed to practice therapeutic optometry in this
13-17 state shall be required to pass the examination given by the Texas
13-18 Optometry Board. <However, the board may adopt substantive rules
13-19 to authorize the waiver of this or other license requirements for
13-20 an applicant with a valid license from another state having, at the
13-21 time of the applicant's initial licensure in that state, license
13-22 requirements and continuing education requirements substantially
13-23 equivalent to those currently required in this state.> The
13-24 examination must include examination in pharmacology and related
13-25 pathology.
13-26 SECTION 10. Sections 3.02(a) and (b), Texas Optometry Act
13-27 (Article 4552-3.02, Vernon's Texas Civil Statutes), are amended to
14-1 read as follows:
14-2 (a) The applicant shall make application, furnishing to the
14-3 executive director <secretary of the board>, on forms to be
14-4 furnished by the board, satisfactory sworn evidence that the
14-5 applicant <he> has attained the age of majority, is of good moral
14-6 character, and has <at least graduated from a first grade high
14-7 school, or has> a preliminary education equivalent to permit the
14-8 applicant <him> to matriculate in The University of Texas, and that
14-9 the applicant <he> has attended and graduated from a reputable
14-10 <university or> college of optometry which meets with the
14-11 requirements of the board, and such other information as the board
14-12 may deem necessary for the enforcement of this Act.
14-13 (b) A college <university or school> of optometry is
14-14 reputable whose entrance requirements and course of instruction are
14-15 as high as those adopted by the better class of universities and
14-16 schools of optometry and whose course of instruction shall be
14-17 equivalent to not less than six terms of eight months each, and
14-18 approved by the board. Provided, however, that the provisions of
14-19 this subsection shall only apply to those students enrolling in
14-20 school from and after September 1, 1969 <the effective date of this
14-21 Act>.
14-22 SECTION 11. Section 3.03, Texas Optometry Act (Article
14-23 4552-3.03, Vernon's Texas Civil Statutes), is amended to read as
14-24 follows:
14-25 Sec. 3.03. Fees. (a) The board shall establish reasonable
14-26 and necessary fees so that the fees, in the aggregate, produce
14-27 sufficient revenue to cover the cost of administering <for the
15-1 administration of> this Act. The fees established by the board
15-2 under this section may include fees for examination,
15-3 re-examination, issuance of a license, renewal of a license,
15-4 issuance of a duplicate license, and other acts performed by or
15-5 services provided by the board. The board may not set a fee for an
15-6 amount less than the amount of that fee on September 1, 1993. The
15-7 fees may be adjusted upward to reflect increased costs in the
15-8 administration of this Act. <in amounts not to exceed:>
15-9 <1. Examination $ 55>
15-10 <2. Re-examination 20>
15-11 <3. License 40>
15-12 <4. License renewal 135>
15-13 <5. Lost license 15>
15-14 The board shall not maintain unnecessary fund balances, and fee
15-15 amounts shall be set in accordance with this requirement.
15-16 (b) If anyone successfully passing the examination and
15-17 meeting the requirements of the board has not paid the fee for
15-18 issuance of a license within 90 days after having been notified by
15-19 registered mail at the address given on the <his> examination
15-20 papers, or at the time of the examination, that the person <he> is
15-21 eligible for the license <same>, such person shall by the person's
15-22 <his> own act have waived the <his> right to obtain the <his>
15-23 license, and the board may at its discretion refuse to issue such
15-24 license until such person has taken and successfully passed another
15-25 examination.
15-26 SECTION 12. Section 3.03B, Texas Optometry Act (Article
15-27 4552-3.03B, Vernon's Texas Civil Statutes), is amended by adding
16-1 Subsections (c) and (d) to read as follows:
16-2 (c) The fee increase imposed by this section may not apply
16-3 to a person who is not engaged in the practice of optometry or
16-4 therapeutic optometry in this state at the time the fee is imposed.
16-5 (d) The fee increase imposed by this section may not be used
16-6 to compute the amount dedicated to the University of Houston
16-7 Development Fund under Section 2.15(b) of this Act.
16-8 SECTION 13. Sections 3.05 and 3.06, Texas Optometry Act
16-9 (Articles 4552-3.05 and 4552-3.06, Vernon's Texas Civil Statutes),
16-10 are amended to read as follows:
16-11 Sec. 3.05. Subjects of examination. The examination shall
16-12 consist of written, oral or practical tests, in practical,
16-13 theoretical, and physiological optics, in theoretical and practical
16-14 optometry, and in the anatomy, physiology and pathology of the eye
16-15 as applied to optometry and in such other subjects as may be
16-16 regularly taught in <all> recognized accredited colleges of
16-17 optometry <standard optometric universities or schools>.
16-18 Sec. 3.06. Conduct of examination. All examinations shall
16-19 be conducted in writing and by such other means as the board shall
16-20 determine adequate to ascertain the qualifications of applicants
16-21 and in such manner as shall be entirely fair and impartial to all
16-22 individuals and every recognized school of optometry. If the
16-23 written portion of the examination is not prepared by a national
16-24 testing organization, the board shall have the written portion
16-25 validated by an independent testing professional. All applicants
16-26 examined at the same time shall be given the same written
16-27 examination. Within 30 days after the date a licensing examination
17-1 is administered under this Act, the board shall notify each
17-2 examinee of the results of the examination. However, if an
17-3 examination is graded or reviewed by a national testing service,
17-4 the board shall notify each examinee of the results of the
17-5 examination within two weeks after the date the board receives the
17-6 results from the testing service. If the notice of the examination
17-7 results will be delayed for more than 90 days after the examination
17-8 date, the board shall notify each examinee of the reason for the
17-9 delay before the 90th day. If requested in writing by a person who
17-10 fails the licensing examination administered under this Act, the
17-11 board shall furnish the person with an analysis of the person's
17-12 performance on the examination.
17-13 SECTION 14. Article 3, Texas Optometry Act (Article
17-14 4552-3.01 et seq., Vernon's Texas Civil Statutes), is amended by
17-15 adding Sections 3.08, 3.09, and 3.10 to read as follows:
17-16 Sec. 3.08. PROVISIONAL LICENSE FOR PERSON LICENSED IN
17-17 ANOTHER STATE. (a) On application, the board shall grant a
17-18 provisional license to practice optometry or therapeutic optometry.
17-19 An applicant for a provisional license under this section must:
17-20 (1) be licensed in good standing as an optometrist or
17-21 therapeutic optometrist in another state, the District of Columbia,
17-22 or a territory of the United States that has licensing requirements
17-23 that are substantially equivalent to the requirements of this Act;
17-24 (2) have passed a national or other examination
17-25 recognized by the board relating to the practice of optometry or
17-26 therapeutic optometry; and
17-27 (3) be sponsored by a person licensed by the board
18-1 under this Act with whom the provisional license holder may
18-2 practice under this section.
18-3 (b) An applicant for a provisional license may be excused
18-4 from the requirement of Subsection (a)(3) of this section if the
18-5 board determines that compliance with that subdivision constitutes
18-6 a hardship to the applicant.
18-7 (c) A provisional license is valid until the date the board
18-8 approves or denies the provisional license holder's application for
18-9 a license. The board shall issue a license under this Act to the
18-10 holder of a provisional license under this section if:
18-11 (1) the provisional license holder passes the
18-12 examination required by Section 3.01 of this Act;
18-13 (2) the board verifies that the provisional license
18-14 holder has the academic and experience requirements for a license
18-15 under this Act; and
18-16 (3) the provisional license holder satisfies any other
18-17 license requirements under this Act.
18-18 (d) The board must complete the processing of a provisional
18-19 license holder's application for a license not later than the 180th
18-20 day after the date the provisional license is issued. The board
18-21 may extend this time as necessary to receive the results of an
18-22 examination administered or graded by a testing organization.
18-23 Sec. 3.09. LIMITED LICENSE FOR CLINICAL FACULTY. (a) The
18-24 board by rule may provide for the issuance of a limited license to
18-25 a full-time clinical faculty member of an institution of higher
18-26 education of this state who provides instruction in optometry or
18-27 therapeutic optometry.
19-1 (b) A license under this section may authorize the faculty
19-2 member to practice optometry or therapeutic optometry only on the
19-3 premises of the institution of higher education and its affiliated
19-4 teaching clinics and only as part of the institution's teaching
19-5 program.
19-6 (c) The board by rule may adopt criteria and fees for
19-7 issuance and renewal of a license under this section.
19-8 Sec. 3.10. INACTIVE STATUS. The board by rule may provide
19-9 for a person who holds a license under this Act to be placed on
19-10 inactive status.
19-11 SECTION 15. Section 4.01, Texas Optometry Act (Article
19-12 4552-4.01, Vernon's Texas Civil Statutes), is amended to read as
19-13 follows:
19-14 Sec. 4.01. Annual renewal. (a) On or before January 1 of
19-15 each year, every licensed optometrist and therapeutic optometrist
19-16 in this state shall pay to <the secretary-treasurer of> the board
19-17 an annual renewal fee for the renewal of a <his> license to
19-18 practice optometry or therapeutic optometry for the current year.
19-19 The amount of the fee shall be as determined by the board. A
19-20 person may renew an unexpired license by paying to the board before
19-21 the expiration date of the license the required renewal fee.
19-22 (b) If a person's license has been expired for 90 <not more
19-23 than 180> days or less, the person may renew the license by paying
19-24 to the board the required renewal fee and a fee that is one-half of
19-25 the examination fee for the license.
19-26 (c) If a person's license has been expired for longer than
19-27 90 <more than 180> days but less than one year <three years>, the
20-1 person may renew the license by paying to the board all unpaid
20-2 renewal fees and a fee that is equal to the examination fee for the
20-3 license.
20-4 (d) If a person's license has been expired for one year or
20-5 longer <three years or more>, the person may not renew the license.
20-6 The person may obtain a new license by submitting to reexamination
20-7 and complying with the requirements and procedures for obtaining an
20-8 original license. However, the board may renew without examination
20-9 an expired license of a person who was licensed in this state,
20-10 moved to another state, and is currently licensed and has been in
20-11 practice in the other state for the two years preceding
20-12 application. The person must pay to the board a fee that is equal
20-13 to the examination fee for the license.
20-14 (e) At least 30 days before the expiration of a person's
20-15 license, the board shall send written notice of the impending
20-16 license expiration to the person at the person's last known address
20-17 according to the records of the board.
20-18 (f) <(b)> On receipt of the required fees, the board shall
20-19 issue an annual renewal certificate bearing the number of the
20-20 license, the year for which renewed, and such other information
20-21 from the records of the board as said board may deem necessary for
20-22 the proper enforcement of this Act.
20-23 (g) <(c) When the person's license has been expired for
20-24 three years, the board shall notify the county clerk of the county
20-25 in which such license may have been recorded of the cancellation,
20-26 and such clerk, upon receipt of such notice from said board, shall
20-27 enter upon the optometry register of such county the fact that such
21-1 license has been cancelled for nonpayment of annual renewal fee and
21-2 shall notify the board in writing that such entry has been made.>
21-3 <(d)> Practicing optometry or therapeutic optometry without
21-4 an annual renewal certificate for the current year as provided
21-5 herein, shall have the same force and effect and be subject to all
21-6 penalties of practicing optometry or therapeutic optometry without
21-7 a license.
21-8 SECTION 16. Section 4.01B, Texas Optometry Act (Article
21-9 4552-4.01B, Vernon's Texas Civil Statutes), is amended by amending
21-10 Subsections (b), (c), and (e) and adding Subsections (f) and (g) to
21-11 read as follows:
21-12 (b) The length of study required is 16 <12> hours per
21-13 calendar year. At least six hours of study per calendar year must
21-14 be in the diagnosis or treatment of ocular disease.
21-15 (c) The continuing education requirements established by
21-16 this section shall be fulfilled by attendance in continuing
21-17 education courses sponsored by an accredited college of optometry
21-18 or in a course approved by the board. Attendance at a course of
21-19 study shall be certified to the board on a form approved <provided>
21-20 by the board and shall be submitted by each licensed optometrist
21-21 and therapeutic optometrist in conjunction with the <his>
21-22 application for renewal of the <his> license and submission of
21-23 renewal fee.
21-24 (e) The <Licensees who have not complied with the
21-25 requirement of this section may not be issued a renewal license,
21-26 except for the> following persons <who> are exempt from the
21-27 requirements of this section:
22-1 (1) a person who holds a Texas license but who does
22-2 not practice optometry or therapeutic optometry in Texas;
22-3 (2) a licensee who served in the regular armed forces
22-4 of the United States during part of the 12 months immediately
22-5 preceding the annual license renewal date;
22-6 (3) a licensee who submits proof that the licensee
22-7 <he> suffered a serious or disabling illness or physical disability
22-8 which prevented the licensee <him> from complying with the
22-9 requirements of this section during the 12 months immediately
22-10 preceding the annual license renewal date; or
22-11 (4) a licensee first licensed within the 12 months
22-12 immediately preceding the annual renewal date.
22-13 (f) The board may not issue a renewal license to a licensee
22-14 who has not complied with the requirements of this section unless
22-15 the licensee:
22-16 (1) provides the board with evidence acceptable to the
22-17 board that the licensee has, since the expiration of the license,
22-18 completed sufficient hours of approved continuing education courses
22-19 to satisfy any deficiency in the previous year; and
22-20 (2) pays to the board the license renewal fee plus a
22-21 penalty in an amount equal to the amount of the license renewal
22-22 fee.
22-23 (g) Continuing education hours used by a licensee to satisfy
22-24 a deficiency for a previous year under Subsection (f)(1) of this
22-25 section may not be used to satisfy the requirements for the year in
22-26 which they are earned.
22-27 SECTION 17. Sections 4.02 and 4.03, Texas Optometry Act
23-1 (Articles 4552-4.02 and 4552-4.03, Vernon's Texas Civil Statutes),
23-2 are amended to read as follows:
23-3 Sec. 4.02. Renewal after discharge from military. Any
23-4 licensed optometrist or therapeutic optometrist whose renewal
23-5 certificate has expired while the licensee <he> has been engaged in
23-6 active duty with any United States military service or with the
23-7 United States Public Health Service, engaged in full-time federal
23-8 service, or engaged in training or education under the supervision
23-9 of the United States, preliminary to induction into the military
23-10 service, may have the <his> renewal certificate reinstated without
23-11 paying any lapsed renewal fee or registration fee, or without
23-12 passing an examination, if within one year after termination of
23-13 said service, training or education, other than by dishonorable
23-14 discharge, the licensee <he> furnishes the board with affidavit to
23-15 the effect that the licensee <he> has been so engaged and that the
23-16 <his> service, training or education has been so terminated.
23-17 Sec. 4.03. Lost or destroyed license. If any license issued
23-18 under this law shall be lost or destroyed, the holder of said
23-19 license shall make an affidavit of its loss or destruction, and
23-20 that the person making the affidavit <he> is the same person to
23-21 whom such license was issued, and such other information as may be
23-22 desired by the board, and shall, upon payment of a fee set in
23-23 accordance with Section 3.03 of this Act, <of $10> be granted a
23-24 license under this law.
23-25 SECTION 18. Section 4.04, Texas Optometry Act (Article
23-26 4552-4.04, Vernon's Texas Civil Statutes), is amended by amending
23-27 Subsections (a), (b), and (e) and adding Subsection (g) to read as
24-1 follows:
24-2 (a) By five or more votes, the board may refuse to issue a
24-3 license to an applicant, revoke or suspend a license, place on
24-4 probation a person whose license has been suspended, impose a fine,
24-5 impose a stipulation, limitation, or condition relating to
24-6 continued practice, including conditioning continued practice on
24-7 counseling or additional education <probate a license suspension>,
24-8 or reprimand a licensee if it finds that:
24-9 (1) the applicant or licensee is guilty of any fraud,
24-10 deceit, dishonesty, or misrepresentation in the practice of
24-11 optometry or therapeutic optometry or in <his> seeking admission to
24-12 such practice;
24-13 (2) the applicant or licensee is unfit or incompetent
24-14 by reason of negligence;
24-15 (3) the applicant or licensee has been convicted of a
24-16 felony or a misdemeanor which involves moral turpitude;
24-17 (4) the applicant or licensee is an habitual drunkard
24-18 or is addicted to the use of morphine, cocaine or other drugs
24-19 having similar effect or has become insane or has been adjudged by
24-20 a court of competent jurisdiction to be of unsound mind;
24-21 (5) the licensee has directly or indirectly employed,
24-22 hired, procured, or induced a person, not licensed to practice
24-23 optometry or therapeutic optometry in this state, to so practice;
24-24 (6) the licensee directly or indirectly aids or abets
24-25 in the practice of optometry or therapeutic optometry any person
24-26 not duly licensed to practice under this Act;
24-27 (7) the licensee lends, leases, rents or in any other
25-1 manner places the <his> license at the disposal or in the service
25-2 of any person not licensed to practice optometry or therapeutic
25-3 optometry in this state;
25-4 (8) the applicant or licensee has willfully or
25-5 repeatedly violated any of the provisions of this Act or a lawful
25-6 rule of the board;
25-7 (9) the licensee has willfully or repeatedly
25-8 represented to the public or any member thereof that the licensee
25-9 <he> is authorized or competent to cure or treat diseases of the
25-10 eye beyond the authorization granted in this Act; <or>
25-11 (10) the licensee has the <his> right to practice
25-12 optometry or therapeutic optometry suspended or revoked by any
25-13 federal agency for a cause which in the opinion of the board
25-14 warrants such action;
25-15 (11) the applicant or licensee has engaged in conduct
25-16 to deceive, defraud, or harm the public;
25-17 (12) the applicant or licensee is found by the board
25-18 to be guilty of gross incompetence in the practice of optometry or
25-19 therapeutic optometry;
25-20 (13) the applicant or licensee is found by the board
25-21 to have engaged in a pattern of practice or other behavior that
25-22 demonstrates a willful rendering of substandard care;
25-23 (14) the applicant or licensee commits an act of
25-24 sexual abuse, misconduct, or exploitation with a patient or
25-25 otherwise unethically or immorally abuses the doctor-patient
25-26 relationship;
25-27 (15) the applicant or licensee prescribes, sells,
26-1 administers, distributes, or gives any drug legally classified as a
26-2 controlled substance or as an addictive or dangerous drug for other
26-3 than accepted diagnostic or therapeutic purposes;
26-4 (16) the applicant or licensee fails to report to the
26-5 board the relocation of the applicant's or licensee's office not
26-6 later than the 30th day after the relocation, whether in or out of
26-7 this state; or
26-8 (17) the licensee practices or attempts to practice
26-9 optometry while the licensee's license is under suspension.
26-10 (b) Any person may begin proceedings under this section by
26-11 filing charges with the board in writing and under oath. If
26-12 charges are filed against a person or if the board proposes to
26-13 refuse a person's application for a license or to suspend or revoke
26-14 a person's license, the person is entitled to a hearing. The State
26-15 Office of Administrative Hearings shall conduct the hearing <before
26-16 the board>. Except as provided by Subsection (c) of this section,
26-17 proceedings are governed by the Administrative Procedure and Texas
26-18 Register Act<, as amended> (Article 6252-13a, Vernon's Texas Civil
26-19 Statutes) and its subsequent amendments.
26-20 (e) Nothing in this Act shall be construed to prevent the
26-21 administrator or executor of the estate of a deceased optometrist
26-22 or therapeutic optometrist from employing a licensed optometrist or
26-23 therapeutic optometrist to carry on the practice of such deceased
26-24 during the administration of such estate nor to prevent a licensed
26-25 optometrist or therapeutic optometrist from working for such person
26-26 during the administration of the estate when the legal
26-27 representative thereof has been authorized by the county judge to
27-1 continue the operation of such practice. Operation of a practice
27-2 by an estate under this subsection must terminate before the first
27-3 anniversary of the death of the optometrist or therapeutic
27-4 optometrist.
27-5 (g) If a license suspension is probated, the board may
27-6 require the licensee to:
27-7 (1) report regularly to the board on matters that are
27-8 the basis of the probation;
27-9 (2) limit practice to the areas prescribed by the
27-10 board; or
27-11 (3) continue or review professional education until
27-12 the licensee attains a degree of skill satisfactory to the board in
27-13 those areas that are the basis of the probation.
27-14 SECTION 19. Article 4, Texas Optometry Act (Article
27-15 4552-4.01 et seq., Vernon's Texas Civil Statutes), is amended by
27-16 adding Sections 4.05, 4.06, 4.07, 4.08, and 4.09 to read as
27-17 follows:
27-18 Sec. 4.05. ADMINISTRATIVE PENALTIES. (a) The board may
27-19 impose an administrative penalty against a person licensed or
27-20 regulated under this Act who violates this Act or a rule or order
27-21 adopted under this Act.
27-22 (b) The penalty for each violation may be in an amount not
27-23 to exceed $2,500. Each day a violation continues or occurs is a
27-24 separate violation for purposes of imposing a penalty.
27-25 (c) The amount of the penalty shall be based on:
27-26 (1) the seriousness of the violation, including the
27-27 nature, circumstances, extent, and gravity of any prohibited acts,
28-1 and the hazard or potential hazard created to the health, safety,
28-2 or economic welfare of the public;
28-3 (2) the economic harm to property or the environment
28-4 caused by the violation;
28-5 (3) the history of previous violations;
28-6 (4) the amount necessary to deter future violations;
28-7 (5) efforts to correct the violation; and
28-8 (6) any other matter that justice may require.
28-9 (d) If the executive director or a subcommittee of the board
28-10 appointed for that purpose determines that a violation has
28-11 occurred, the executive director or subcommittee may issue to the
28-12 board a report that states the facts on which the determination is
28-13 based and the recommendation of the executive director or
28-14 subcommittee on the imposition of a penalty, including a
28-15 recommendation on the amount of the penalty. A subcommittee of the
28-16 board appointed under this subsection must include at least one
28-17 public member of the board.
28-18 (e) Within 14 days after the date the report is issued, the
28-19 executive director or subcommittee shall give written notice of the
28-20 report to the person. The notice may be given by certified mail.
28-21 The notice must include a brief summary of the alleged violation
28-22 and a statement of the amount of the recommended penalty and must
28-23 inform the person that the person has a right to a hearing on the
28-24 occurrence of the violation, the amount of the penalty, or both the
28-25 occurrence of the violation and the amount of the penalty.
28-26 (f) Within 20 days after the date the person receives the
28-27 notice, the person in writing may accept the determination and
29-1 recommended penalty of the executive director or subcommittee, as
29-2 applicable, or may make a written request for a hearing on the
29-3 occurrence of the violation, the amount of the penalty, or both the
29-4 occurrence of the violation and the amount of the penalty.
29-5 (g) If the person accepts the determination and recommended
29-6 penalty of the executive director or subcommittee, as applicable,
29-7 the board by order shall approve the determination and impose the
29-8 recommended penalty.
29-9 (h) If the person requests a hearing or fails to respond
29-10 timely to the notice, the executive director shall set a hearing
29-11 and give notice of the hearing to the person. The hearing shall be
29-12 held by an administrative law judge of the State Office of
29-13 Administrative Hearings. The administrative law judge shall make
29-14 findings of fact and conclusions of law. The administrative law
29-15 judge shall promptly issue to the board a proposal for a decision
29-16 about the occurrence of the violation and the amount of a proposed
29-17 penalty. Based on the findings of fact, conclusions of law, and
29-18 proposal for a decision, the board by order may find that a
29-19 violation has occurred and impose a penalty or may find that no
29-20 violation occurred.
29-21 (i) The notice of the board's order given to the person
29-22 under the Administrative Procedure and Texas Register Act (Article
29-23 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
29-24 amendments must include a statement of the right of the person to
29-25 judicial review of the order.
29-26 (j) Within 30 days after the date the board's order is final
29-27 as provided by Section 16(c), Administrative Procedure and Texas
30-1 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
30-2 its subsequent amendments, the person shall:
30-3 (1) pay the amount of the penalty;
30-4 (2) pay the amount of the penalty and file a petition
30-5 for judicial review contesting the occurrence of the violation, the
30-6 amount of the penalty, or both the occurrence of the violation and
30-7 the amount of the penalty; or
30-8 (3) without paying the amount of the penalty, file a
30-9 petition for judicial review contesting the occurrence of the
30-10 violation, the amount of the penalty, or both the occurrence of the
30-11 violation and the amount of the penalty.
30-12 (k) Within the 30-day period, a person who acts under
30-13 Subsection (j)(3) of this section may:
30-14 (1) stay enforcement of the penalty by:
30-15 (A) paying the amount of the penalty to the
30-16 court for placement in an escrow account; or
30-17 (B) giving to the court a supersedeas bond
30-18 approved by the court for the amount of the penalty and that is
30-19 effective until all judicial review of the board's order is final;
30-20 or
30-21 (2) request the court to stay enforcement of the
30-22 penalty by:
30-23 (A) filing with the court a sworn affidavit of
30-24 the person stating that the person is financially unable to pay the
30-25 amount of the penalty and is financially unable to give the
30-26 supersedeas bond; and
30-27 (B) giving a copy of the affidavit to the
31-1 executive director by certified mail.
31-2 (l) If the executive director receives a copy of an
31-3 affidavit under Subsection (k)(2) of this section, the executive
31-4 director may file with the court, within five days after the date
31-5 the copy is received, a contest to the affidavit. The court shall
31-6 hold a hearing on the facts alleged in the affidavit as soon as
31-7 practicable and shall stay the enforcement of the penalty on
31-8 finding that the alleged facts are true. The person who files an
31-9 affidavit has the burden of proving that the person is financially
31-10 unable to pay the amount of the penalty and to give a supersedeas
31-11 bond.
31-12 (m) If the person does not pay the amount of the penalty and
31-13 the enforcement of the penalty is not stayed, the executive
31-14 director may refer the matter to the attorney general for
31-15 collection of the amount of the penalty.
31-16 (n) Judicial review of the order of the board:
31-17 (1) is instituted by filing a petition as provided by
31-18 Section 19, Administrative Procedure and Texas Register Act
31-19 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
31-20 subsequent amendments; and
31-21 (2) is under the substantial evidence rule.
31-22 (o) If the court sustains the occurrence of the violation,
31-23 the court may uphold or reduce the amount of the penalty and order
31-24 the person to pay the full or reduced amount of the penalty. If
31-25 the court does not sustain the occurrence of the violation, the
31-26 court shall order that no penalty is owed.
31-27 (p) When the judgment of the court becomes final, the court
32-1 shall proceed under this subsection. If the person paid the amount
32-2 of the penalty and if that amount is reduced or is not upheld by
32-3 the court, the court shall order that the appropriate amount plus
32-4 accrued interest be remitted to the person. The rate of the
32-5 interest is the rate charged on loans to depository institutions by
32-6 the New York Federal Reserve Bank, and the interest shall be paid
32-7 for the period beginning on the date the penalty was paid and
32-8 ending on the date the penalty is remitted. If the person gave a
32-9 supersedeas bond and if the amount of the penalty is not upheld by
32-10 the court, the court shall order the release of the bond. If the
32-11 person gave a supersedeas bond and if the amount of the penalty is
32-12 reduced, the court shall order the release of the bond after the
32-13 person pays the amount.
32-14 (q) A penalty collected under this section shall be remitted
32-15 to the comptroller for deposit in the general revenue fund.
32-16 (r) All proceedings under this section are subject to the
32-17 Administrative Procedure and Texas Register Act (Article 6252-13a,
32-18 Vernon's Texas Civil Statutes) and its subsequent amendments.
32-19 Sec. 4.06. COMPLAINT PROCEDURE IN GENERAL. (a) The board
32-20 shall keep an information file about each complaint filed with the
32-21 board. The board's information file shall be kept current and
32-22 contain a record for each complaint of:
32-23 (1) all persons contacted in relation to the
32-24 complaint;
32-25 (2) a summary of findings made at each step of the
32-26 complaint process;
32-27 (3) an explanation of the legal basis and reason for a
33-1 complaint that is dismissed; and
33-2 (4) other relevant information.
33-3 (b) If a written complaint is filed with the board that the
33-4 board has authority to resolve, the board, at least as frequently
33-5 as quarterly and until final disposition of the complaint, shall
33-6 notify the parties to the complaint of the status of the complaint
33-7 unless the notice would jeopardize an undercover investigation.
33-8 (c) The board by rule shall adopt a form to standardize
33-9 information concerning complaints made to the board. The board by
33-10 rule shall prescribe information to be provided to a person when
33-11 the person files a complaint with the board.
33-12 (d) The board shall provide reasonable assistance to a
33-13 person who wishes to file a complaint with the board.
33-14 Sec. 4.07. COMPLAINT INVESTIGATION AND DISPOSITION.
33-15 (a) The board shall adopt rules concerning the investigation of a
33-16 complaint filed with the board. The rules adopted under this
33-17 subsection shall:
33-18 (1) distinguish between categories of complaints;
33-19 (2) ensure that complaints are not dismissed without
33-20 appropriate consideration;
33-21 (3) require that the board be advised of a complaint
33-22 that is dismissed and that a letter be sent to the person who filed
33-23 the complaint explaining the action taken on the dismissed
33-24 complaint;
33-25 (4) ensure that the person who filed the complaint has
33-26 an opportunity to explain the allegations made in the complaint;
33-27 and
34-1 (5) prescribe guidelines concerning the categories of
34-2 complaints that require the use of a private investigator and the
34-3 procedures for the board to obtain the services of a private
34-4 investigator.
34-5 (b) The board shall dispose of all complaints in a timely
34-6 manner. The board shall establish a schedule for conducting each
34-7 phase of a complaint that is under the control of the board not
34-8 later than the 30th day after the date the complaint is received by
34-9 the board. The schedule shall be kept in the information file for
34-10 the complaint and all parties shall be notified of the projected
34-11 time requirements for pursuing the complaint. A change in the
34-12 schedule must be noted in the complaint information file and all
34-13 parties to the complaint must be notified not later than the
34-14 seventh day after the date the change is made.
34-15 (c) The executive director shall notify the board of a
34-16 complaint that extends beyond the time prescribed by the board for
34-17 resolving the complaint so that the board may take necessary action
34-18 on the complaint.
34-19 Sec. 4.08. MONITORING OF LICENSE HOLDER. The board by rule
34-20 shall develop a system for monitoring license holders' compliance
34-21 with the requirements of this Act. Rules adopted under this
34-22 section shall include procedures for monitoring a license holder
34-23 who is ordered by the board to perform certain acts to ascertain
34-24 that the license holder performs the required acts and to identify
34-25 and monitor license holders who represent a risk to the public.
34-26 Sec. 4.09. INFORMAL PROCEEDINGS. (a) The board by rule
34-27 shall adopt procedures governing:
35-1 (1) informal disposition of a contested case under
35-2 Section 13(e), Administrative Procedure and Texas Register Act
35-3 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
35-4 subsequent amendments; and
35-5 (2) informal proceedings held in compliance with
35-6 Section 18(c), Administrative Procedure and Texas Register Act
35-7 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
35-8 subsequent amendments.
35-9 (b) Rules adopted under this section must provide the
35-10 complainant and the licensee an opportunity to be heard and must
35-11 require the presence of a representative of the office of the
35-12 attorney general to advise the board or the board's employees.
35-13 SECTION 20. Sections 5.01, 5.02, 5.03, 5.04, and 5.08, Texas
35-14 Optometry Act (Articles 4552-5.01, 4552-5.02, 4552-5.03, 4552-5.04,
35-15 and 4552-5.08, Vernon's Texas Civil Statutes), are amended to read
35-16 as follows:
35-17 Sec. 5.01. Display of license. Every person practicing
35-18 optometry or therapeutic optometry in this state shall display the
35-19 person's <his> license or certificate in a conspicuous place in the
35-20 principal office where the person <he> practices optometry or
35-21 therapeutic optometry and whenever required, exhibit such license
35-22 or certificate to said board, or its authorized representative, and
35-23 whenever practicing said profession of optometry or therapeutic
35-24 optometry outside of, or away from said office or place of
35-25 business, the person <he> shall deliver to each person fitted with
35-26 glasses a bill, which shall contain the person's <his> signature,
35-27 post-office address, and number of the person's <his> license or
36-1 certificate, together with a specification of the lenses and
36-2 material furnished and the prices charged for the same
36-3 respectively.
36-4 Sec. 5.02. LICENSEE INFORMATION. Each licensee shall file
36-5 with the board:
36-6 (1) the licensee's mailing address;
36-7 (2) the address of the licensee's residence;
36-8 (3) the mailing address of each of the licensee's
36-9 offices; and
36-10 (4) the address for the location of each of the
36-11 licensee's offices if that address is different from the office's
36-12 mailing address <RECORDATION OF LICENSE. It shall be unlawful for
36-13 any person to practice optometry or therapeutic optometry within
36-14 the limits of this state who has not registered and recorded his
36-15 license in the office of the county clerk of the county in which he
36-16 resides, and in each county in which he practices, together with
36-17 his age, post-office address, place of birth, subscribed and
36-18 verified by his oath. The fact of such oath and record shall be
36-19 endorsed by the county clerk upon the license. The absence of
36-20 record of such license in the office of the county clerk shall be
36-21 prima facie evidence of the lack of the possession of such license
36-22 to practice optometry or therapeutic optometry>.
36-23 Sec. 5.03. DUTY TO UPDATE INFORMATION. Not later than the
36-24 10th day after the date of a change in any of the information
36-25 required to be filed with the board under Section 5.02 of this Act,
36-26 the licensee shall file with the board a written notice of the
36-27 change <OPTOMETRY REGISTER. Each county clerk in this state shall
37-1 purchase a book of suitable size, to be known as the "Optometry
37-2 Register" of such county, and set apart at least one full page for
37-3 the registration of each optometrist and therapeutic optometrist,
37-4 and record in said optometry register the name and record of each
37-5 optometrist and therapeutic optometrist who presents for record a
37-6 license or certificate issued by the state board. When an
37-7 optometrist or therapeutic optometrist shall have his license
37-8 revoked, suspended, or cancelled, said county clerk, upon being
37-9 notified by the board, shall make a note of the fact beneath the
37-10 record in the optometry register, which entry shall close the
37-11 record and be prima facie evidence of the fact that the license has
37-12 been so cancelled, suspended or revoked. The county clerk of each
37-13 county shall, upon the request of the secretary of the board,
37-14 certify to the board a correct list of the optometrists and
37-15 therapeutic optometrists then registered in the county, together
37-16 with such other information as the board may require>.
37-17 Sec. 5.04. Practice without license; fraud; house-to-house.
37-18 It shall be unlawful for any person to:
37-19 (1) falsely impersonate any person duly licensed as an
37-20 optometrist or therapeutic optometrist under the provisions of this
37-21 Act or to falsely assume another name;
37-22 (2) buy, sell, or fraudulently obtain any optometry
37-23 diploma, optometry or therapeutic optometry license, record of
37-24 registration or aid or abet therein;
37-25 (3) practice, offer, or represent to others that the
37-26 person is <hold himself out as> authorized to practice optometry or
37-27 therapeutic optometry or use in connection with the person's <his>
38-1 name any designation tending to imply that the person <he> is a
38-2 practitioner of optometry or therapeutic optometry if not licensed
38-3 to practice under the provisions of this Act;
38-4 (4) practice optometry or therapeutic optometry during
38-5 the time the <his> license shall be suspended or revoked;
38-6 (5) fill an expired contact lens prescription; or
38-7 (6) practice optometry or therapeutic optometry from
38-8 house-to-house or on the streets or highways, notwithstanding any
38-9 laws for the licensing of peddlers. This shall not be construed as
38-10 prohibiting an optometrist, therapeutic optometrist, or physician
38-11 from attending, prescribing for and furnishing spectacles,
38-12 eyeglasses or ophthalmic lenses to a person who is confined to the
38-13 person's <his> abode by reason of illness or physical or mental
38-14 infirmity, or in response to an unsolicited request or call, for
38-15 such professional services.
38-16 Sec. 5.08. PRACTICE WHILE SUFFERING FROM CONTAGIOUS DISEASE.
38-17 (a) No licensed optometrist or therapeutic optometrist shall
38-18 practice optometry or therapeutic optometry while knowingly
38-19 suffering from a contagious or infectious disease, as defined by
38-20 the Texas Department of Health, if the disease is one that could
38-21 reasonably be transmitted in the normal performance of optometry or
38-22 therapeutic optometry.
38-23 (b) The board by rule shall adopt guidelines that define,
38-24 according to guidelines issued by the Texas Department of Health
38-25 and specific to the practice of optometry or therapeutic optometry,
38-26 each disease or type of disease that could reasonably be
38-27 transmitted in the normal performance of optometry or therapeutic
39-1 optometry.
39-2 SECTION 21. Section 5.09, Texas Optometry Act (Article
39-3 4552-5.09, Vernon's Texas Civil Statutes), is amended by amending
39-4 Subsection (c) and adding Subsection (h) to read as follows:
39-5 (c) Any advertisement of the price of prescription
39-6 spectacles or contact lenses is required to contain the following
39-7 information:
39-8 (1) a statement of whether or not the cost of an
39-9 examination, prescription services, and follow-up care by an eye
39-10 doctor is included in the price;
39-11 (2) if the advertised goods are to be available to the
39-12 public at the advertised price for less than 30 days after the date
39-13 of publication of the advertisement, the advertisement shall state
39-14 the time limitation on the offer;
39-15 (3) if the advertised goods are to be available to the
39-16 public in limited quantities and no rainchecks are given upon total
39-17 depletion of the inventory of the goods advertised, the
39-18 advertisement shall state the total quantity available to all
39-19 customers; <and>
39-20 (4) if the advertised goods are to be available to the
39-21 public at a limited number per customer, the advertisement shall
39-22 state the limit per customer; and
39-23 (5) with regard to contact lenses, the advertisement
39-24 shall state the number of lenses included for the price specified.
39-25 (h) A statement required to appear in an advertisement under
39-26 this section must be readily audible or readable by a person of
39-27 average comprehension or reading speed.
40-1 SECTION 22. Section 5.10, Texas Optometry Act (Article
40-2 4552-5.10, Vernon's Texas Civil Statutes), is amended to read as
40-3 follows:
40-4 Sec. 5.10. BOARD RULES RESTRICTING ADVERTISING. (a) The
40-5 board may not adopt <substantive> rules restricting competitive
40-6 bidding or advertising by a person regulated by the board except to
40-7 prohibit <adopt such rules as are necessary to prevent> false,
40-8 misleading, or deceptive practices.
40-9 (b) The board may not include in its rules to prohibit
40-10 false, misleading, or deceptive practices by a person regulated by
40-11 the board a rule that:
40-12 (1) restricts the use of any medium for advertising;
40-13 (2) restricts the person's personal appearance or use
40-14 of the person's voice in an advertisement;
40-15 (3) relates to the size or duration of an
40-16 advertisement by the person;
40-17 (4) restricts the person's advertisement under a trade
40-18 name;
40-19 (5) restricts any truthful statement regarding:
40-20 (A) the address or telephone number of an office
40-21 maintained by the person;
40-22 (B) office hours regularly maintained by the
40-23 person;
40-24 (C) languages, other than English, fluently
40-25 spoken by the person or a person in the person's office;
40-26 (D) whether the person provides services under a
40-27 specified private or public insurance plan or health-care plan;
41-1 (E) publications authored by the person;
41-2 (F) a teaching position held or formerly held by
41-3 the person and the dates the position was held;
41-4 (G) an affiliation with a hospital or clinic;
41-5 (H) the fact that the person regularly accepts
41-6 installment payment of fees;
41-7 (I) the manufacturer, designer, style, make,
41-8 trade name, brand name, color, size, or type of commodities
41-9 advertised; or
41-10 (J) other factual information that is not false,
41-11 fraudulent, misleading, or likely to deceive; or
41-12 (6) restricts any truthful statement that relates to
41-13 public health or that encourages preventive or corrective care.
41-14 (c) Subsection (b) of this section may not be construed to
41-15 prevent the board from restricting advertising that is false,
41-16 fraudulent, misleading, or likely to deceive.
41-17 SECTION 23. Section 5.12, Texas Optometry Act (Article
41-18 4552-5.12, Vernon's Texas Civil Statutes), is amended to read as
41-19 follows:
41-20 Sec. 5.12. BASIC COMPETENCE. (a) In order to ensure
41-21 <insure> an adequate examination of a patient for whom an
41-22 optometrist or therapeutic optometrist signs or causes to be signed
41-23 a prescription for an ophthalmic lens, in the initial examination
41-24 of the patient the optometrist or therapeutic optometrist shall
41-25 make and record, if possible, the following findings of the
41-26 condition of the patient:
41-27 (1) Case History (ocular, physical, occupational and
42-1 other pertinent information).
42-2 (2) Visual <Far point> acuity<, O.D., O.S., O.U.,
42-3 unaided; with old glasses, if available, and with new glasses, if
42-4 any>.
42-5 (3) Biomicroscopy <External> examination (lids,
42-6 cornea, sclera, etc.).
42-7 (4) Internal ophthalmoscopic examination (media,
42-8 fundus, etc.).
42-9 (5) Static retinoscopy, O.D., O.S., or autorefractor.
42-10 (6) Subjective findings, far point and near point.
42-11 (7) Assessment of binocular function <Phorias or
42-12 ductions, far and near, lateral and vertical>.
42-13 (8) Amplitude or range of accommodation.
42-14 (9) Tonometry <Amplitude or range of convergence>.
42-15 (10) Angle of vision, to right and to left.
42-16 (b) Every prescription for an ophthalmic lens shall include
42-17 <the following information: interpupillary distance, far and near;
42-18 lens prescription, right and left; color or tint; segment type,
42-19 size and position;> the optometrist's or therapeutic optometrist's
42-20 signature and the information and parameters that the optometrist
42-21 or therapeutic optometrist considers relevant or necessary. The
42-22 prescription may not contain restrictions limiting the parameters
42-23 to private labels not available to the optical industry as a whole.
42-24 Specifications of a prescription for an ophthalmic lens may not be
42-25 altered without the consent of the prescribing doctor.
42-26 (c) The willful or repeated failure or refusal of an
42-27 optometrist or therapeutic optometrist to comply with any of the
43-1 foregoing requirements shall be considered by the board to
43-2 constitute prima facie evidence that the optometrist or therapeutic
43-3 optometrist <he> is unfit or incompetent by reason of negligence
43-4 within the meaning of Section 4.04(a)(3) of this Act, and shall be
43-5 sufficient ground for the filing of charges to cancel, revoke or
43-6 suspend the <his> license. The charges shall state the specific
43-7 instances in which it is alleged that the rule was not complied
43-8 with. At a hearing pursuant to the filing of such charges, the
43-9 person charged shall have the burden of establishing that
43-10 compliance with the rule in each instance in which proof is adduced
43-11 that it was not complied with was not necessary to a proper
43-12 examination of the patient in that particular case.
43-13 SECTION 24. Sections 5.13(d), (e), (g), (i), and (j), Texas
43-14 Optometry Act (Article 4552-5.13, Vernon's Texas Civil Statutes),
43-15 are amended to read as follows:
43-16 (d) An optometrist or therapeutic optometrist may practice
43-17 optometry or therapeutic optometry under a trade name or an assumed
43-18 name or under the name of a professional corporation or a
43-19 professional association. Every optometrist or therapeutic
43-20 optometrist practicing in the State of Texas, including those
43-21 practicing under a trade or assumed name, shall be required to
43-22 display the actual name under which the optometrist or therapeutic
43-23 optometrist <he> is licensed by the board in a manner such that the
43-24 <his> name will be visible to the public prior to entry of the
43-25 optometrist's or therapeutic optometrist's office reception area.
43-26 (e) No optometrist or therapeutic optometrist shall use,
43-27 cause or allow to be used, the optometrist's or therapeutic
44-1 optometrist's <his> name or professional identification, as
44-2 authorized by Article 4590e, <as amended,> Revised <Civil> Statutes
44-3 <of Texas, 1925>, and its subsequent amendments, on or about the
44-4 door, window, wall, directory, or any sign or listing whatsoever,
44-5 of any office, location or place where optometry or therapeutic
44-6 optometry is practiced, unless said optometrist or therapeutic
44-7 optometrist is actually present and practicing optometry or
44-8 therapeutic optometry therein during the hours such office,
44-9 location or place of practice is open to the public for the
44-10 practice of optometry or therapeutic optometry.
44-11 (g) The requirement of Subsections (e) and (f) of this
44-12 section that an optometrist or therapeutic optometrist be "actually
44-13 present" in an office, location or place of practice holding the
44-14 optometrist's or therapeutic optometrist's <his> name out to the
44-15 public shall be deemed satisfied if the optometrist or therapeutic
44-16 optometrist is, as to such office, location or place of practice,
44-17 either:
44-18 (1) physically present therein more than half the
44-19 total number of hours such office, location, or place of practice
44-20 is open to the public for the practice of optometry or therapeutic
44-21 optometry during each calendar month for at least nine months in
44-22 each calendar year; or
44-23 (2) physically present in such office, location, or
44-24 place of practice for at least one-half of the time such person
44-25 conducts, directs, or supervises any practice of optometry or
44-26 therapeutic optometry.
44-27 (i) The requirement of Subsections (e) and (f) of this
45-1 section that an optometrist or therapeutic optometrist be
45-2 "practicing optometry or therapeutic optometry" at an office,
45-3 location, or place of practice holding the optometrist's or
45-4 therapeutic optometrist's <his> name out to the public shall be
45-5 deemed satisfied if the optometrist or therapeutic optometrist
45-6 regularly makes personal examination at such office, location, or
45-7 place of practice of the eyes of some of the persons prescribed for
45-8 therein or regularly supervises or directs in person at such
45-9 office, location or place of practice such examinations.
45-10 (j) The willful or repeated failure or refusal of an
45-11 optometrist or therapeutic optometrist to comply with any of the
45-12 provisions of this section shall be considered by the board to
45-13 constitute prima facie evidence that such optometrist or
45-14 therapeutic optometrist is guilty of violation of this Act, and
45-15 shall be sufficient ground for the filing of charges to cancel,
45-16 revoke or suspend a <his> license. The charges shall state the
45-17 specific instance or instances in which it is alleged that the rule
45-18 was not complied with. Alternatively, or in addition to the above,
45-19 it shall be the duty of the board to institute and prosecute an
45-20 action in a court of competent jurisdiction to restrain or enjoin
45-21 the violation of any of the preceding rules.
45-22 SECTION 25. Sections 5.14(c) and (g), Texas Optometry Act
45-23 (Article 4552-5.14, Vernon's Texas Civil Statutes), are amended to
45-24 read as follows:
45-25 (c) The prescription files and all business records of the
45-26 optometric practice shall be the sole property of the optometrist
45-27 or therapeutic optometrist and free from involvement with the
46-1 mercantile establishment or any unlicensed person. Except,
46-2 however, that those business records essential to the successful
46-3 initiation or continuation of a percentage of gross receipts lease
46-4 of space may be inspected by the applicable lessor.
46-5 (g) The optometrist or therapeutic optometrist shall not
46-6 permit the optometrist's or therapeutic optometrist's <his> name or
46-7 <his> practice to be directly or indirectly used in connection with
46-8 the mercantile establishment in any advertising, displays, signs,
46-9 or in any other manner.
46-10 SECTION 26. Sections 5.15(d) and (e), Texas Optometry Act
46-11 (Article 4552-5.15, Vernon's Texas Civil Statutes), are amended to
46-12 read as follows:
46-13 (d) No person, firm, or corporation engaged in the business
46-14 of a dispensing optician, other than a licensed optometrist,
46-15 therapeutic optometrist, or physician, shall have, own, or acquire
46-16 any interest in the practice, books, records, files, equipment, or
46-17 materials of a licensed optometrist or therapeutic optometrist, or
46-18 have, own, or acquire any interest in the premises or space
46-19 occupied by a licensed optometrist or therapeutic optometrist for
46-20 the practice of optometry or therapeutic optometry other than a
46-21 lease for a specific term without retention of the present right of
46-22 occupancy on the part of the dispensing optician. In the event an
46-23 optometrist, therapeutic optometrist, or physician who is also
46-24 engaged in the business of a dispensing optician (whether as an
46-25 individual, firm, or corporation) does own an interest in the
46-26 practice, books, records, files, equipment or materials of another
46-27 licensed optometrist or therapeutic optometrist, the optometrist,
47-1 therapeutic optometrist, or physician <he> shall maintain a
47-2 completely separate set of books, records, files, and accounts in
47-3 connection therewith.
47-4 (e) If, after examining a patient, an optometrist or
47-5 therapeutic optometrist believes that lenses are required to
47-6 correct or remedy any defect or abnormal condition of vision, the
47-7 optometrist or therapeutic optometrist shall so inform the patient
47-8 and shall provide the patient with a copy of the patient's
47-9 spectacle prescription. The optometrist or therapeutic optometrist
47-10 shall expressly indicate verbally or by other means that the
47-11 patient has two alternatives for the preparation of the lenses
47-12 according to the optometrist's or therapeutic optometrist's
47-13 prescription: First, that the optometrist or therapeutic
47-14 optometrist will prepare or have the lenses prepared according to
47-15 the prescription; and second, that the patient may have the
47-16 prescription filled by any dispensing optician but should return
47-17 for an optometrical examination of the lenses. This subsection
47-18 does not require an optometrist or therapeutic optometrist to
47-19 provide a prescription to a patient before the patient has paid the
47-20 examination fee.
47-21 SECTION 27. Section 5.17, Texas Optometry Act (Article
47-22 4552-5.17, Vernon's Texas Civil Statutes), is amended to read as
47-23 follows:
47-24 Sec. 5.17. Exceptions. (a) Nothing in this Act shall be
47-25 construed to apply to <persons who sell ready-to-wear spectacles
47-26 and eyeglasses as merchandise at retail or> officers or agents of
47-27 the United States or the State of Texas, in the discharge of their
48-1 official duties.
48-2 (b) Nothing in this Act shall prevent, limit, or interfere
48-3 with the right of a physician duly licensed by the Texas State
48-4 Board of Medical Examiners to treat or prescribe for <his> patients
48-5 or to direct or instruct others under the control, supervision, or
48-6 direction of such a physician to aid or minister to the needs of
48-7 <his> patients according to the physician's specific directions,
48-8 instructions or prescriptions; and where such directions,
48-9 instructions, or prescriptions are to be followed, performed, or
48-10 filled outside or away from the physician's office such directions,
48-11 instructions, or prescriptions shall be in writing.
48-12 (c) Nothing in this Act shall be construed to prevent
48-13 persons from selling ready-to-wear spectacles as merchandise at
48-14 retail, nor to prevent unlicensed persons from making simple
48-15 repairs to spectacles.
48-16 (d) Nothing in this Act shall prevent, limit, or interfere
48-17 with the right of a dispensing optician or ophthalmic dispenser
48-18 registered under the Opticians' Registry Act (Article 4551-1,
48-19 Vernon's Texas Civil Statutes) and its subsequent amendments to
48-20 engage in spectacle or contact lens dispensing as defined by that
48-21 Act. This subsection does not prohibit the board from acting under
48-22 this Act to restrict the unauthorized practice of optometry.
48-23 SECTION 28. Section 5.18, Texas Optometry Act (Article
48-24 4552-5.18, Vernon's Texas Civil Statutes), is amended by amending
48-25 Subsections (a) and (b) and adding Subsection (e) to read as
48-26 follows:
48-27 (a) It shall be a violation of this Act for any person who
49-1 is not a licensed optometrist, therapeutic optometrist, or
49-2 physician to engage in the practice of optometry or therapeutic
49-3 optometry as such practices are defined by this Act or to engage in
49-4 any activity prohibited by this Act.
49-5 (b) Any person who shall be injured by another person who
49-6 violates this section may institute suit in any district court in
49-7 Travis County or in the county wherein the violation is alleged to
49-8 have occurred to require enforcement by injunctive procedures and
49-9 to recover damages sustained, plus costs of court and reasonable
49-10 attorney's fees.
49-11 (e) A person commits an offense if that person dispenses
49-12 contact lenses by mail or otherwise to a patient in this state
49-13 without having a valid prescription signed by an optometrist,
49-14 therapeutic optometrist, or physician. An offense under this
49-15 subsection is a misdemeanor punishable by a fine in the amount of
49-16 $1,000 for each lens so dispensed. This fine is in addition to any
49-17 other penalty imposed under this Act.
49-18 SECTION 29. Section 5.19, Texas Optometry Act (Article
49-19 4552-5.19, Vernon's Texas Civil Statutes), is amended to read as
49-20 follows:
49-21 Sec. 5.19. PENALTY. A person who violates any provision of
49-22 this Act is guilty of a misdemeanor and upon conviction is
49-23 punishable by a fine of not less than $100 <$50> nor more than
49-24 $1,000 <$500> or by confinement in the county jail for not less
49-25 than two months nor more than six months, or both. A separate
49-26 offense is committed each day a violation of this Act occurs or
49-27 continues.
50-1 SECTION 30. Article 5, Texas Optometry Act (Article
50-2 4552-5.01 et seq., Vernon's Texas Civil Statutes), is amended by
50-3 adding Section 5.21 to read as follows:
50-4 Sec. 5.21. OWNERSHIP OF RECORDS. (a) All prescription
50-5 files, patient records, and business records of an optometric
50-6 practice are the sole property of the optometrist or therapeutic
50-7 optometrist.
50-8 (b) A patient may obtain a copy of the patient's optometric
50-9 records, or may have them forwarded to another doctor, by making a
50-10 signed, written request to the optometrist or therapeutic
50-11 optometrist for the records.
50-12 (c) The optometrist or therapeutic optometrist may charge a
50-13 reasonable processing fee for providing optometric records to a
50-14 patient.
50-15 (d) The optometric records may be provided in summary form
50-16 unless the patient specifically requests otherwise.
50-17 SECTION 31. The Texas Optometry Act (Article 4552-1.01 et
50-18 seq., Vernon's Texas Civil Statutes) is amended by amending Article
50-19 6 and adding Article 7 to read as follows:
50-20 ARTICLE 6. DISCRIMINATION PROHIBITED <MISCELLANEOUS PROVISIONS>
50-21 Sec. 6.01. GOVERNMENTAL DISCRIMINATION PROHIBITED. (a) A
50-22 program supported, in whole or in part, by this state, or a program
50-23 supported or provided by a state agency, or a county, municipality,
50-24 or other political subdivision, may not discriminate against a
50-25 health-care practitioner because the practitioner is an optometrist
50-26 or therapeutic optometrist or physician specializing in
50-27 ophthalmology.
51-1 (b) A law of this state or a rule, ordinance, or policy of
51-2 an agency or political subdivision of this state that requires or
51-3 encourages a person to obtain vision care or medical eye care that
51-4 is within the scope of practice of an optometrist or therapeutic
51-5 optometrist may not discriminate against a health-care practitioner
51-6 because the practitioner is an optometrist or therapeutic
51-7 optometrist or physician specializing in ophthalmology.
51-8 ARTICLE 7. MISCELLANEOUS PROVISIONS
51-9 Sec. 7.01. REFERENCE TO BOARD OF EXAMINERS <ABOLISHED>.
51-10 <The Texas State Board of Examiners in Optometry is abolished. All
51-11 property, equipment, records, files, and papers in the possession
51-12 of that board are transferred to the Texas Optometry Board created
51-13 by this Act.> All references in the statutes to the Texas State
51-14 Board of Examiners in Optometry shall be construed to mean the
51-15 Texas Optometry Board.
51-16 Sec. 7.02 <6.02>. Severability. If any provision, section
51-17 or clause of this Act or application thereof to any person or
51-18 circumstances is held invalid, such invalidity shall not affect
51-19 other provisions or applications thereof which can be given effect
51-20 without the invalid provision, section or clause, and to this end
51-21 the provisions of this Act are declared to be severable.
51-22 <Sec. 6.03. REPEALER. Chapter 10, Title 71, Revised Civil
51-23 Statutes of Texas, 1925, as amended, and Chapter 5, Title 12, Penal
51-24 Code of Texas, 1925, as amended, and all other laws and parts of
51-25 laws in conflict with this Act are hereby repealed.>
51-26 <Sec. 6.04. EFFECTIVE DATE. This Act takes effect September
51-27 1, 1969.>
52-1 <Sec. 6.05. EMERGENCY. The fact that the practice of
52-2 optometry has become one of the important health professions and it
52-3 is in the interest of the people of Texas that the practice of
52-4 optometry and that optometrists, in keeping with the traditions of
52-5 the other health professions, be properly regulated, and the
52-6 further fact that existing laws have proved ineffective in securing
52-7 the underlying purposes and objectives of this Act, create an
52-8 emergency of the greatest importance to the visual health and
52-9 welfare of the people of Texas and an imperative public necessity
52-10 requiring that the Constitutional Rule that bills be read on three
52-11 several days in each House be suspended, and such Rule is hereby
52-12 suspended; and this Act shall take effect and be in force from and
52-13 after its passage, and it is so enacted.>
52-14 SECTION 32. Subchapter E, Chapter 21, Insurance Code, is
52-15 amended by adding Article 21.52D to read as follows:
52-16 Art. 21.52D. USE OF OPTOMETRISTS AND OPHTHALMOLOGISTS BY
52-17 MANAGED CARE PLAN. (a) In this article:
52-18 (1) "Managed care plan" means a health maintenance
52-19 organization, a preferred provider organization, or another
52-20 organization that provides or arranges for health care benefits to
52-21 participants and that requires or encourages participants to use
52-22 health care practitioners designated by the plan.
52-23 (2) "Ophthalmologist" means a physician who is
52-24 licensed by the Texas State Board of Medical Examiners and who
52-25 specializes in ophthalmology.
52-26 (b) A managed care plan that provides or arranges for
52-27 benefits for vision or medical eye care services or procedures that
53-1 are within the scope of the license of an optometrist or
53-2 therapeutic optometrist may not:
53-3 (1) discriminate against a health care practitioner
53-4 because the practitioner is an optometrist, therapeutic
53-5 optometrist, or ophthalmologist;
53-6 (2) fail to include optometrists, therapeutic
53-7 optometrists, and ophthalmologists as participating practitioners
53-8 in the plan;
53-9 (3) restrict or discourage a participant from
53-10 obtaining covered vision or medical eye care services or procedures
53-11 from a participating optometrist, therapeutic optometrist, or
53-12 ophthalmologist because the practitioner is an optometrist,
53-13 therapeutic optometrist, or ophthalmologist;
53-14 (4) fail to include the name of a participating
53-15 optometrist, therapeutic optometrist, or ophthalmologist on a list
53-16 of participating practitioners or fail to give equal prominence to
53-17 the name;
53-18 (5) fail to include an optometrist, therapeutic
53-19 optometrist, or ophthalmologist as a participating practitioner in
53-20 the plan because the optometrist, therapeutic optometrist, or
53-21 ophthalmologist does not have medical staff privileges at a
53-22 hospital or at a particular hospital; or
53-23 (6) fail to include an optometrist, therapeutic
53-24 optometrist, or ophthalmologist as a participating practitioner in
53-25 the plan because the services or procedures provided by the
53-26 optometrist, therapeutic optometrist, or ophthalmologist may be
53-27 provided by another type of practitioner.
54-1 (c) This article does not require a managed care plan to
54-2 provide vision or medical eye care services or procedures.
54-3 SECTION 33. The changes in law made by this Act to the
54-4 requirements for membership on the Texas Optometry Board apply only
54-5 to an appointment made on or after the effective date of this Act
54-6 and do not affect the entitlement of a member serving on the board
54-7 on the effective date of this Act to continue to hold office for
54-8 the remainder of the term for which the person was appointed.
54-9 SECTION 34. On and after January 1, 1994, the State Office
54-10 of Administrative Hearings shall assume responsibility for hearings
54-11 held with respect to each contested case arising under the Texas
54-12 Optometry Act (Article 4552-1.01 et seq., Vernon's Texas Civil
54-13 Statutes). The Texas Optometry Board and the chief administrative
54-14 law judge of the State Office of Administrative Hearings may agree
54-15 to transfer contested cases pending before the board to the State
54-16 Office of Administrative Hearings before January 1, 1994.
54-17 SECTION 35. Not later than January 1, 1994, each person
54-18 licensed under the Texas Optometry Act (Article 4552-1.01 et seq.,
54-19 Vernon's Texas Civil Statutes) shall file with the Texas Optometry
54-20 Board the information required under Section 5.02, Texas Optometry
54-21 Act (Article 4552-5.02, Vernon's Texas Civil Statutes), as amended
54-22 by this Act.
54-23 SECTION 36. The Texas Optometry Board shall adopt rules
54-24 required by this Act not later than December 31, 1993.
54-25 SECTION 37. Article 21.52D, Insurance Code, as added by this
54-26 Act, applies only to a managed care plan that is delivered, issued
54-27 for delivery, or renewed on or after January 1, 1994. A managed
55-1 care plan that is delivered, issued for delivery, or renewed before
55-2 January 1, 1994, is governed by the law as it existed immediately
55-3 before the effective date of this Act, and that law is continued in
55-4 effect for that purpose.
55-5 SECTION 38. This Act takes effect September 1, 1993.
55-6 SECTION 39. The importance of this legislation and the
55-7 crowded condition of the calendars in both houses create an
55-8 emergency and an imperative public necessity that the
55-9 constitutional rule requiring bills to be read on three several
55-10 days in each house be suspended, and this rule is hereby suspended.