73R9871 DLF-F
By Cain, Berlanga H.B. No. 1479
Substitute the following for H.B. No. 1479:
By Berlanga C.S.H.B. No. 1479
A BILL TO BE ENTITLED
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 Subsection (j) to read as
4-9 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 SECTION 4. Sections 2.06(a), (b), (c), and (f), Texas
5-14 Optometry Act (Article 4552-2.06, Vernon's Texas Civil Statutes),
5-15 are amended to read as follows:
5-16 (a) The board shall preserve a record of its proceedings <in
5-17 a book kept for that purpose>.
5-18 (b) A record shall be kept showing the name, age, and
5-19 present legal and mailing address of each applicant for
5-20 examination, the name and location of the school of optometry from
5-21 which the applicant <he> holds credentials, and the time devoted to
5-22 the study and practice of optometry, together with such information
5-23 as the board may desire to record. Said record shall also show
5-24 whether applicants were rejected or licensed and shall be prima
5-25 facie evidence of all matters therein contained. The executive
5-26 director <secretary of the board> shall on or before September
5-27 <March> 1 of each year send a certified copy of said record to the
6-1 secretary of state for permanent record. A certified copy of said
6-2 record with the hand and seal of the executive director <secretary
6-3 of said board> to the secretary of state, shall be admitted as
6-4 evidence in all courts.
6-5 (c) Every license and annual renewal certificate issued
6-6 shall be numbered and recorded <in a book kept> by the executive
6-7 director <secretary of the board>.
6-8 (f) The board shall maintain <an information file about
6-9 each> complaint files in accordance with Section 4.06 of this Act
6-10 <filed with the board relating to a licensee. If a written
6-11 complaint is filed with the board relating to a licensee, the
6-12 board, at least as frequently as quarterly and until final
6-13 disposition of the complaint, shall notify the parties to the
6-14 complaint of the status of the complaint unless the notification
6-15 would jeopardize an undercover investigation>.
6-16 SECTION 5. Section 2.08, Texas Optometry Act (Article
6-17 4552-2.08, Vernon's Texas Civil Statutes), is amended by amending
6-18 Subsections (b) and (c) and adding Subsections (d), (e), (f), and
6-19 (g) to read as follows:
6-20 (b) The executive director <of the board> or the executive
6-21 director's <his> designee shall develop an intra-agency
6-22 <intraagency> career ladder program. The program shall require
6-23 intra-agency<, one part of which shall be the intraagency> posting
6-24 of all nonentry level positions concurrently with <for at least 10
6-25 days before> any public posting.
6-26 (c) The executive director <of the board> or the executive
6-27 director's <his> designee shall develop a system of annual
7-1 performance evaluations based on measurable job tasks. All merit
7-2 pay for board employees must be based on the system established
7-3 under this subsection.
7-4 (d) The executive director or the executive director's
7-5 designee shall prepare and maintain a written policy statement to
7-6 ensure implementation of a program of equal opportunity under which
7-7 all personnel transactions are made without regard to race, color,
7-8 disability, sex, religion, age, or national origin. The policy
7-9 statement must include:
7-10 (1) personnel policies, including policies relating to
7-11 recruitment, evaluation, selection, appointment, training, and
7-12 promotion of personnel, that are in compliance with requirements of
7-13 the Commission on Human Rights Act (Article 5221k, Vernon's Texas
7-14 Civil Statutes) and its subsequent amendments;
7-15 (2) a comprehensive analysis of the board work force
7-16 that meets federal and state guidelines;
7-17 (3) procedures by which a determination can be made of
7-18 significant underuse in the board work force of all persons for
7-19 whom federal or state guidelines encourage a more equitable
7-20 balance; and
7-21 (4) reasonable methods to appropriately address those
7-22 areas of significant underuse.
7-23 (e) A policy statement prepared under Subsection (d) of this
7-24 section must cover an annual period, be updated annually, be
7-25 reviewed by the Commission on Human Rights for compliance with
7-26 Subsection (d)(1) of this section, and be filed with the governor's
7-27 office.
8-1 (f) The governor's office shall deliver a biennial report to
8-2 the legislature based on information received under Subsection (e)
8-3 of this section. The report may be made separately or as part of
8-4 other biennial reports made to the legislature.
8-5 (g) The board shall develop and implement policies that
8-6 clearly define the respective responsibilities of the board and the
8-7 staff of the board.
8-8 SECTION 6. Sections 2.10 and 2.11, Texas Optometry Act
8-9 (Articles 4552-2.10 and 4552-2.11, Vernon's Texas Civil Statutes),
8-10 are amended to read as follows:
8-11 Sec. 2.10. Proceedings; subpoenas; oaths. The board, any
8-12 committee, or any member thereof, shall have the power to issue
8-13 subpoenas and subpoenas duces tecum to compel the attendance of
8-14 witnesses and the production of books, records and documents, to
8-15 administer oaths and to take testimony concerning all matters
8-16 within the <its or his> jurisdiction of the board, committee, or
8-17 member. The board shall not be bound by strict rules of procedure
8-18 or by the laws of evidence in the conduct of its proceedings but
8-19 the determination shall be founded upon sufficient legal evidence
8-20 to sustain it.
8-21 Sec. 2.11. BOND OF EXECUTIVE DIRECTOR <SECRETARY-TREASURER>.
8-22 Before entering upon the discharge of the duties of <his> office,
8-23 the executive director <secretary-treasurer of the board> shall
8-24 give such bond for the performance of the executive director's
8-25 <his> duties as the board may require, the premium of which is to
8-26 be paid from funds in the possession of the board.
8-27 SECTION 7. Sections 2.15(a), (b), and (d), Texas Optometry
9-1 Act (Article 4552-2.15, Vernon's Texas Civil Statutes), are amended
9-2 to read as follows:
9-3 (a) Except as provided by Subsection (b) of this section,
9-4 the fund realized from all fees payable under this Act shall first
9-5 be applied to the payment of all necessary expenses of the board,
9-6 and the remainder shall be applied, by order of the board, to
9-7 compensate members of the board. Each member of the board is
9-8 entitled to a per diem as set by legislative appropriation for each
9-9 day that the member engages in the business of the board. A member
9-10 may be compensated <not receive any compensation> for actual travel
9-11 expenses, including expenses for meals and lodging and<, other
9-12 than> transportation expenses. A member is entitled to
9-13 compensation for transportation expenses as provided by the General
9-14 Appropriations Act. Each board member shall make out, under oath,
9-15 a complete statement of the number of days engaged and the amount
9-16 of the member's <his> expenses when presenting same for payment.
9-17 (b) The funds realized from annual renewal fees shall be
9-18 distributed as follows: 15 percent <$10> of each renewal fee
9-19 collected by the board under Section 3.03 of this Act shall be
9-20 dedicated to the University of Houston Development Fund. The
9-21 license money placed in the development fund pursuant hereto shall
9-22 be utilized solely for scholarships and improvements in the
9-23 physical facilities, including library, of the College <School> of
9-24 Optometry.
9-25 The remainder of the fees attributable to annual renewal fees
9-26 and all other fees payable under this Act shall be placed in the
9-27 state treasury to the credit of a special fund to be known as the
10-1 "Optometry Fund," and the comptroller shall upon requisition of the
10-2 board from time to time draw warrants upon the state treasurer for
10-3 the amounts specified in such requisition; provided, however, the
10-4 fees from this optometry fund shall be expended as specified by
10-5 itemized appropriation in the General Appropriations bill and shall
10-6 be used by the Texas Optometry Board, and under its direction in
10-7 carrying out its statutory duties.
10-8 (d) The <On or before January 1 of each year, the> board
10-9 shall file annually with <make in writing to> the governor and the
10-10 presiding officer of each house of the legislature a complete and
10-11 detailed written <annual> report accounting for all funds received
10-12 and disbursed by the board during the preceding fiscal year. The
10-13 annual report must be in the form and reported in the time provided
10-14 by the General Appropriations Act.
10-15 SECTION 8. Article 2, Texas Optometry Act (Article 4552-2.01
10-16 et seq., Vernon's Texas Civil Statutes), is amended by adding
10-17 Sections 2.16, 2.17, 2.18, and 2.19 to read as follows:
10-18 Sec. 2.16. QUALIFICATIONS FOR OFFICE OR EMPLOYMENT. The
10-19 board shall provide to its members and employees, as often as
10-20 necessary, information regarding their qualification for office or
10-21 employment under this Act and their responsibilities under
10-22 applicable law relating to standards of conduct for state officers
10-23 or employees.
10-24 Sec. 2.17. PUBLIC INTEREST INFORMATION. (a) The board
10-25 shall prepare information of public interest describing the
10-26 functions of the board and the board's procedures by which
10-27 complaints are filed with and resolved by the board. The board
11-1 shall make the information available to the public and appropriate
11-2 state agencies.
11-3 (b) The board by rule shall establish methods by which
11-4 consumers and service recipients are notified of the name, mailing
11-5 address, and telephone number of the board for the purpose of
11-6 directing complaints to the board. The board may provide for that
11-7 notification:
11-8 (1) on each registration form, application, or written
11-9 contract for services of an individual or entity regulated under
11-10 this Act;
11-11 (2) on a sign prominently displayed in the place of
11-12 business of each individual or entity regulated under this Act; or
11-13 (3) in a bill for services provided by an individual
11-14 or entity regulated under this Act.
11-15 (c) The board shall list along with its regular telephone
11-16 number the toll-free telephone number that may be called to present
11-17 a complaint about a health professional if the toll-free number is
11-18 established under other state law.
11-19 Sec. 2.18. PUBLIC PARTICIPATION IN BOARD HEARINGS. The
11-20 board shall develop and implement policies that provide the public
11-21 with a reasonable opportunity to appear before the board and to
11-22 speak on any issue under the jurisdiction of the board.
11-23 Sec. 2.19. PROGRAM ACCESSIBILITY. The board shall prepare
11-24 and maintain a written plan that describes how a person who does
11-25 not speak English can be provided reasonable access to the board's
11-26 programs. The board shall also comply with federal and state laws
11-27 for program and facility accessibility.
12-1 SECTION 9. Section 3.01, Texas Optometry Act (Article
12-2 4552-3.01, Vernon's Texas Civil Statutes), is amended to read as
12-3 follows:
12-4 Sec. 3.01. Must pass examination. Every person hereafter
12-5 desiring to be licensed to practice therapeutic optometry in this
12-6 state shall be required to pass the examination given by the Texas
12-7 Optometry Board. <However, the board may adopt substantive rules
12-8 to authorize the waiver of this or other license requirements for
12-9 an applicant with a valid license from another state having, at the
12-10 time of the applicant's initial licensure in that state, license
12-11 requirements and continuing education requirements substantially
12-12 equivalent to those currently required in this state.> The
12-13 examination must include examination in pharmacology and related
12-14 pathology.
12-15 SECTION 10. Sections 3.02(a) and (b), Texas Optometry Act
12-16 (Article 4552-3.02, Vernon's Texas Civil Statutes), are amended to
12-17 read as follows:
12-18 (a) The applicant shall make application, furnishing to the
12-19 executive director <secretary of the board>, on forms to be
12-20 furnished by the board, satisfactory sworn evidence that the
12-21 applicant <he> has attained the age of majority, is of good moral
12-22 character, and has <at least graduated from a first grade high
12-23 school, or has> a preliminary education equivalent to permit the
12-24 applicant <him> to matriculate in The University of Texas, and that
12-25 the applicant <he> has attended and graduated from a reputable
12-26 <university or> college of optometry which meets with the
12-27 requirements of the board, and such other information as the board
13-1 may deem necessary for the enforcement of this Act.
13-2 (b) A college <university or school> of optometry is
13-3 reputable whose entrance requirements and course of instruction are
13-4 as high as those adopted by the better class of universities and
13-5 schools of optometry and whose course of instruction shall be
13-6 equivalent to not less than six terms of eight months each, and
13-7 approved by the board. Provided, however, that the provisions of
13-8 this subsection shall only apply to those students enrolling in
13-9 school from and after September 1, 1969 <the effective date of this
13-10 Act>.
13-11 SECTION 11. Section 3.03, Texas Optometry Act (Article
13-12 4552-3.03, Vernon's Texas Civil Statutes), is amended to read as
13-13 follows:
13-14 Sec. 3.03. Fees. (a) The board shall establish reasonable
13-15 and necessary fees so that the fees, in the aggregate, produce
13-16 sufficient revenue to cover the cost of administering <for the
13-17 administration of> this Act. The fees established by the board
13-18 under this section may include fees for examination,
13-19 re-examination, issuance of a license, renewal of a license,
13-20 issuance of a duplicate license, and other acts performed by or
13-21 services provided by the board. The board may not set a fee for an
13-22 amount less than the amount of that fee on September 1, 1993. The
13-23 fees may be adjusted upward to reflect increased costs in the
13-24 administration of this Act. <in amounts not to exceed:>
13-25 <1. Examination $ 55>
13-26 <2. Re-examination 20>
13-27 <3. License 40>
14-1 <4. License renewal 135>
14-2 <5. Lost license 15>
14-3 The board shall not maintain unnecessary fund balances, and fee
14-4 amounts shall be set in accordance with this requirement.
14-5 (b) If anyone successfully passing the examination and
14-6 meeting the requirements of the board has not paid the fee for
14-7 issuance of a license within 90 days after having been notified by
14-8 registered mail at the address given on the <his> examination
14-9 papers, or at the time of the examination, that the person <he> is
14-10 eligible for the license <same>, such person shall by the person's
14-11 <his> own act have waived the <his> right to obtain the <his>
14-12 license, and the board may at its discretion refuse to issue such
14-13 license until such person has taken and successfully passed another
14-14 examination.
14-15 SECTION 12. Section 3.03B, Texas Optometry Act (Article
14-16 4552-3.03B, Vernon's Texas Civil Statutes), is amended by adding
14-17 Subsections (c) and (d) to read as follows:
14-18 (c) The fee increase imposed by this section may not apply
14-19 to a person who is not engaged in the practice of optometry or
14-20 therapeutic optometry in this state at the time the fee is imposed.
14-21 (d) The fee increase imposed by this section may not be used
14-22 to compute the amount dedicated to the University of Houston
14-23 Development Fund under Section 2.15(b) of this Act.
14-24 SECTION 13. Sections 3.05 and 3.06, Texas Optometry Act
14-25 (Articles 4552-3.05 and 4552-3.06, Vernon's Texas Civil Statutes),
14-26 are amended to read as follows:
14-27 Sec. 3.05. Subjects of examination. The examination shall
15-1 consist of written, oral or practical tests, in practical,
15-2 theoretical, and physiological optics, in theoretical and practical
15-3 optometry, and in the anatomy, physiology and pathology of the eye
15-4 as applied to optometry and in such other subjects as may be
15-5 regularly taught in <all> recognized accredited colleges of
15-6 optometry <standard optometric universities or schools>.
15-7 Sec. 3.06. Conduct of examination. All examinations shall
15-8 be conducted in writing and by such other means as the board shall
15-9 determine adequate to ascertain the qualifications of applicants
15-10 and in such manner as shall be entirely fair and impartial to all
15-11 individuals and every recognized school of optometry. If the
15-12 written portion of the examination is not prepared by a national
15-13 testing organization, the board shall have the written portion
15-14 validated by an independent testing professional. All applicants
15-15 examined at the same time shall be given the same written
15-16 examination. Within 30 days after the date a licensing examination
15-17 is administered under this Act, the board shall notify each
15-18 examinee of the results of the examination. However, if an
15-19 examination is graded or reviewed by a national testing service,
15-20 the board shall notify each examinee of the results of the
15-21 examination within two weeks after the date the board receives the
15-22 results from the testing service. If the notice of the examination
15-23 results will be delayed for more than 90 days after the examination
15-24 date, the board shall notify each examinee of the reason for the
15-25 delay before the 90th day. If requested in writing by a person who
15-26 fails the licensing examination administered under this Act, the
15-27 board shall furnish the person with an analysis of the person's
16-1 performance on the examination.
16-2 SECTION 14. Article 3, Texas Optometry Act (Article
16-3 4552-3.01 et seq., Vernon's Texas Civil Statutes), is amended by
16-4 adding Sections 3.08, 3.09, and 3.10 to read as follows:
16-5 Sec. 3.08. PROVISIONAL LICENSE FOR PERSON LICENSED IN
16-6 ANOTHER STATE. (a) On application, the board shall grant a
16-7 provisional license to practice optometry or therapeutic optometry.
16-8 An applicant for a provisional license under this section must:
16-9 (1) be licensed in good standing as an optometrist or
16-10 therapeutic optometrist in another state, the District of Columbia,
16-11 or a territory of the United States that has licensing requirements
16-12 that are substantially equivalent to the requirements of this Act;
16-13 (2) have passed a national or other examination
16-14 recognized by the board relating to the practice of optometry or
16-15 therapeutic optometry; and
16-16 (3) be sponsored by a person licensed by the board
16-17 under this Act with whom the provisional license holder may
16-18 practice under this section.
16-19 (b) An applicant for a provisional license may be excused
16-20 from the requirement of Subsection (a)(3) of this section if the
16-21 board determines that compliance with that subdivision constitutes
16-22 a hardship to the applicant.
16-23 (c) A provisional license is valid until the date the board
16-24 approves or denies the provisional license holder's application for
16-25 a license. The board shall issue a license under this Act to the
16-26 holder of a provisional license under this section if:
16-27 (1) the provisional license holder passes the
17-1 examination required by Section 3.01 of this Act;
17-2 (2) the board verifies that the provisional license
17-3 holder has the academic and experience requirements for a license
17-4 under this Act; and
17-5 (3) the provisional license holder satisfies any other
17-6 license requirements under this Act.
17-7 (d) The board must complete the processing of a provisional
17-8 license holder's application for a license not later than the 180th
17-9 day after the date the provisional license is issued. The board
17-10 may extend this time as necessary to receive the results of an
17-11 examination administered or graded by a testing organization.
17-12 Sec. 3.09. LIMITED LICENSE FOR CLINICAL FACULTY. (a) The
17-13 board by rule may provide for the issuance of a limited license to
17-14 a full-time clinical faculty member of an institution of higher
17-15 education of this state who provides instruction in optometry or
17-16 therapeutic optometry.
17-17 (b) A license under this section may authorize the faculty
17-18 member to practice optometry or therapeutic optometry only on the
17-19 premises of the institution of higher education and its affiliated
17-20 teaching clinics and only as part of the institution's teaching
17-21 program.
17-22 (c) The board by rule may adopt criteria and fees for
17-23 issuance and renewal of a license under this section.
17-24 Sec. 3.10. INACTIVE STATUS. The board by rule may provide
17-25 for a person who holds a license under this Act to be placed on
17-26 inactive status.
17-27 SECTION 15. Section 4.01, Texas Optometry Act (Article
18-1 4552-4.01, Vernon's Texas Civil Statutes), is amended to read as
18-2 follows:
18-3 Sec. 4.01. Annual renewal. (a) On or before January 1 of
18-4 each year, every licensed optometrist and therapeutic optometrist
18-5 in this state shall pay to <the secretary-treasurer of> the board
18-6 an annual renewal fee for the renewal of a <his> license to
18-7 practice optometry or therapeutic optometry for the current year.
18-8 The amount of the fee shall be as determined by the board. A
18-9 person may renew an unexpired license by paying to the board before
18-10 the expiration date of the license the required renewal fee.
18-11 (b) If a person's license has been expired for 90 <not more
18-12 than 180> days or less, the person may renew the license by paying
18-13 to the board the required renewal fee and a fee that is one-half of
18-14 the examination fee for the license.
18-15 (c) If a person's license has been expired for longer than
18-16 90 <more than 180> days but less than one year <three years>, the
18-17 person may renew the license by paying to the board all unpaid
18-18 renewal fees and a fee that is equal to the examination fee for the
18-19 license.
18-20 (d) If a person's license has been expired for one year or
18-21 longer <three years or more>, the person may not renew the license.
18-22 The person may obtain a new license by submitting to reexamination
18-23 and complying with the requirements and procedures for obtaining an
18-24 original license. However, the board may renew without examination
18-25 an expired license of a person who was licensed in this state,
18-26 moved to another state, and is currently licensed and has been in
18-27 practice in the other state for the two years preceding
19-1 application. The person must pay to the board a fee that is equal
19-2 to the examination fee for the license.
19-3 (e) At least 30 days before the expiration of a person's
19-4 license, the board shall send written notice of the impending
19-5 license expiration to the person at the person's last known address
19-6 according to the records of the board.
19-7 (f) <(b)> On receipt of the required fees, the board shall
19-8 issue an annual renewal certificate bearing the number of the
19-9 license, the year for which renewed, and such other information
19-10 from the records of the board as said board may deem necessary for
19-11 the proper enforcement of this Act.
19-12 (g) <(c) When the person's license has been expired for
19-13 three years, the board shall notify the county clerk of the county
19-14 in which such license may have been recorded of the cancellation,
19-15 and such clerk, upon receipt of such notice from said board, shall
19-16 enter upon the optometry register of such county the fact that such
19-17 license has been cancelled for nonpayment of annual renewal fee and
19-18 shall notify the board in writing that such entry has been made.>
19-19 <(d)> Practicing optometry or therapeutic optometry without
19-20 an annual renewal certificate for the current year as provided
19-21 herein, shall have the same force and effect and be subject to all
19-22 penalties of practicing optometry or therapeutic optometry without
19-23 a license.
19-24 SECTION 16. Section 4.01B, Texas Optometry Act (Article
19-25 4552-4.01B, Vernon's Texas Civil Statutes), is amended by amending
19-26 Subsections (b), (c), and (e) and adding Subsections (f) and (g) to
19-27 read as follows:
20-1 (b) The length of study required is 16 <12> hours per
20-2 calendar year. At least six hours of study per calendar year must
20-3 be in the diagnosis or treatment of ocular disease.
20-4 (c) The continuing education requirements established by
20-5 this section shall be fulfilled by attendance in continuing
20-6 education courses sponsored by an accredited college of optometry
20-7 or in a course approved by the board. Attendance at a course of
20-8 study shall be certified to the board on a form approved <provided>
20-9 by the board and shall be submitted by each licensed optometrist
20-10 and therapeutic optometrist in conjunction with the <his>
20-11 application for renewal of the <his> license and submission of
20-12 renewal fee.
20-13 (e) The <Licensees who have not complied with the
20-14 requirement of this section may not be issued a renewal license,
20-15 except for the> following persons <who> are exempt from the
20-16 requirements of this section:
20-17 (1) a person who holds a Texas license but who does
20-18 not practice optometry or therapeutic optometry in Texas;
20-19 (2) a licensee who served in the regular armed forces
20-20 of the United States during part of the 12 months immediately
20-21 preceding the annual license renewal date;
20-22 (3) a licensee who submits proof that the licensee
20-23 <he> suffered a serious or disabling illness or physical disability
20-24 which prevented the licensee <him> from complying with the
20-25 requirements of this section during the 12 months immediately
20-26 preceding the annual license renewal date; or
20-27 (4) a licensee first licensed within the 12 months
21-1 immediately preceding the annual renewal date.
21-2 (f) The board may not issue a renewal license to a licensee
21-3 who has not complied with the requirements of this section unless
21-4 the licensee:
21-5 (1) provides the board with evidence acceptable to the
21-6 board that the licensee has, since the expiration of the license,
21-7 completed sufficient hours of approved continuing education courses
21-8 to satisfy any deficiency in the previous year; and
21-9 (2) pays to the board the license renewal fee plus a
21-10 penalty in an amount equal to the amount of the license renewal
21-11 fee.
21-12 (g) Continuing education hours used by a licensee to satisfy
21-13 a deficiency for a previous year under Subsection (f)(1) of this
21-14 section may not be used to satisfy the requirements for the year in
21-15 which they are earned.
21-16 SECTION 17. Sections 4.02 and 4.03, Texas Optometry Act
21-17 (Articles 4552-4.02 and 4552-4.03, Vernon's Texas Civil Statutes),
21-18 are amended to read as follows:
21-19 Sec. 4.02. Renewal after discharge from military. Any
21-20 licensed optometrist or therapeutic optometrist whose renewal
21-21 certificate has expired while the licensee <he> has been engaged in
21-22 active duty with any United States military service or with the
21-23 United States Public Health Service, engaged in full-time federal
21-24 service, or engaged in training or education under the supervision
21-25 of the United States, preliminary to induction into the military
21-26 service, may have the <his> renewal certificate reinstated without
21-27 paying any lapsed renewal fee or registration fee, or without
22-1 passing an examination, if within one year after termination of
22-2 said service, training or education, other than by dishonorable
22-3 discharge, the licensee <he> furnishes the board with affidavit to
22-4 the effect that the licensee <he> has been so engaged and that the
22-5 <his> service, training or education has been so terminated.
22-6 Sec. 4.03. Lost or destroyed license. If any license issued
22-7 under this law shall be lost or destroyed, the holder of said
22-8 license shall make an affidavit of its loss or destruction, and
22-9 that the person making the affidavit <he> is the same person to
22-10 whom such license was issued, and such other information as may be
22-11 desired by the board, and shall, upon payment of a fee set in
22-12 accordance with Section 3.03 of this Act, <of $10> be granted a
22-13 license under this law.
22-14 SECTION 18. Section 4.04, Texas Optometry Act (Article
22-15 4552-4.04, Vernon's Texas Civil Statutes), is amended by amending
22-16 Subsections (a), (b), and (e) and adding Subsection (g) to read as
22-17 follows:
22-18 (a) By five or more votes, the board may refuse to issue a
22-19 license to an applicant, revoke or suspend a license, place on
22-20 probation a person whose license has been suspended, impose a fine,
22-21 impose a stipulation, limitation, or condition relating to
22-22 continued practice, including conditioning continued practice on
22-23 counseling or additional education <probate a license suspension>,
22-24 or reprimand a licensee if it finds that:
22-25 (1) the applicant or licensee is guilty of any fraud,
22-26 deceit, dishonesty, or misrepresentation in the practice of
22-27 optometry or therapeutic optometry or in <his> seeking admission to
23-1 such practice;
23-2 (2) the applicant or licensee is unfit or incompetent
23-3 by reason of negligence;
23-4 (3) the applicant or licensee has been convicted of a
23-5 felony or a misdemeanor which involves moral turpitude;
23-6 (4) the applicant or licensee is an habitual drunkard
23-7 or is addicted to the use of morphine, cocaine or other drugs
23-8 having similar effect or has become insane or has been adjudged by
23-9 a court of competent jurisdiction to be of unsound mind;
23-10 (5) the licensee has directly or indirectly employed,
23-11 hired, procured, or induced a person, not licensed to practice
23-12 optometry or therapeutic optometry in this state, to so practice;
23-13 (6) the licensee directly or indirectly aids or abets
23-14 in the practice of optometry or therapeutic optometry any person
23-15 not duly licensed to practice under this Act;
23-16 (7) the licensee lends, leases, rents or in any other
23-17 manner places the <his> license at the disposal or in the service
23-18 of any person not licensed to practice optometry or therapeutic
23-19 optometry in this state;
23-20 (8) the applicant or licensee has willfully or
23-21 repeatedly violated any of the provisions of this Act or a lawful
23-22 rule of the board;
23-23 (9) the licensee has willfully or repeatedly
23-24 represented to the public or any member thereof that the licensee
23-25 <he> is authorized or competent to cure or treat diseases of the
23-26 eye beyond the authorization granted in this Act; <or>
23-27 (10) the licensee has the <his> right to practice
24-1 optometry or therapeutic optometry suspended or revoked by any
24-2 federal agency for a cause which in the opinion of the board
24-3 warrants such action;
24-4 (11) the applicant or licensee has engaged in conduct
24-5 to deceive, defraud, or harm the public;
24-6 (12) the applicant or licensee is found by the board
24-7 to be guilty of gross incompetence in the practice of optometry or
24-8 therapeutic optometry;
24-9 (13) the applicant or licensee is found by the board
24-10 to have engaged in a pattern of practice or other behavior that
24-11 demonstrates a willful rendering of substandard care;
24-12 (14) the applicant or licensee commits an act of
24-13 sexual abuse, misconduct, or exploitation with a patient or
24-14 otherwise unethically or immorally abuses the doctor-patient
24-15 relationship;
24-16 (15) the applicant or licensee prescribes, sells,
24-17 administers, distributes or gives any drug legally classified as a
24-18 controlled substance or as an addictive or dangerous drug for other
24-19 than accepted diagnostic or therapeutic purposes;
24-20 (16) the applicant or licensee fails to report to the
24-21 board the relocation of the applicant's or licensee's office not
24-22 later than the 30th day after the relocation, whether in or out of
24-23 this state; or
24-24 (17) the licensee practices or attempts to practice
24-25 optometry while the licensee's license is under suspension.
24-26 (b) Any person may begin proceedings under this section by
24-27 filing charges with the board in writing and under oath. If
25-1 charges are filed against a person or if the board proposes to
25-2 refuse a person's application for a license or to suspend or revoke
25-3 a person's license, the person is entitled to a hearing. The State
25-4 Office of Administrative Hearings shall conduct the hearing <before
25-5 the board>. Except as provided by Subsection (c) of this section,
25-6 proceedings are governed by the Administrative Procedure and Texas
25-7 Register Act<, as amended> (Article 6252-13a, Vernon's Texas Civil
25-8 Statutes) and its subsequent amendments.
25-9 (e) Nothing in this Act shall be construed to prevent the
25-10 administrator or executor of the estate of a deceased optometrist
25-11 or therapeutic optometrist from employing a licensed optometrist or
25-12 therapeutic optometrist to carry on the practice of such deceased
25-13 during the administration of such estate nor to prevent a licensed
25-14 optometrist or therapeutic optometrist from working for such person
25-15 during the administration of the estate when the legal
25-16 representative thereof has been authorized by the county judge to
25-17 continue the operation of such practice. Operation of a practice
25-18 by an estate under this subsection must terminate before the first
25-19 anniversary of the death of the optometrist or therapeutic
25-20 optometrist.
25-21 (g) If a license suspension is probated, the board may
25-22 require the licensee to:
25-23 (1) report regularly to the board on matters that are
25-24 the basis of the probation;
25-25 (2) limit practice to the areas prescribed by the
25-26 board; or
25-27 (3) continue or review professional education until
26-1 the licensee attains a degree of skill satisfactory to the board in
26-2 those areas that are the basis of the probation.
26-3 SECTION 19. Article 4, Texas Optometry Act (Article
26-4 4552-4.01 et seq., Vernon's Texas Civil Statutes), is amended by
26-5 adding Sections 4.05, 4.06, 4.07, 4.08, and 4.09 to read as
26-6 follows:
26-7 Sec. 4.05. ADMINISTRATIVE PENALTIES. (a) The board may
26-8 impose an administrative penalty against a person licensed or
26-9 regulated under this Act who violates this Act or a rule or order
26-10 adopted under this Act.
26-11 (b) The penalty for each violation may be in an amount not
26-12 to exceed $2,500. Each day a violation continues or occurs is a
26-13 separate violation for purposes of imposing a penalty.
26-14 (c) The amount of the penalty shall be based on:
26-15 (1) the seriousness of the violation, including the
26-16 nature, circumstances, extent, and gravity of any prohibited acts,
26-17 and the hazard or potential hazard created to the health, safety,
26-18 or economic welfare of the public;
26-19 (2) the economic harm to property or the environment
26-20 caused by the violation;
26-21 (3) the history of previous violations;
26-22 (4) the amount necessary to deter future violations;
26-23 (5) efforts to correct the violation; and
26-24 (6) any other matter that justice may require.
26-25 (d) If the executive director or a subcommittee of the board
26-26 appointed for that purpose determines that a violation has
26-27 occurred, the executive director or subcommittee may issue to the
27-1 board a report that states the facts on which the determination is
27-2 based and the recommendation of the executive director or
27-3 subcommittee on the imposition of a penalty, including a
27-4 recommendation on the amount of the penalty. A subcommittee of the
27-5 board appointed under this subsection must include at least one
27-6 public member of the board.
27-7 (e) Within 14 days after the date the report is issued, the
27-8 executive director or subcommittee shall give written notice of the
27-9 report to the person. The notice may be given by certified mail.
27-10 The notice must include a brief summary of the alleged violation
27-11 and a statement of the amount of the recommended penalty and must
27-12 inform the person that the person has a right to a hearing on the
27-13 occurrence of the violation, the amount of the penalty, or both the
27-14 occurrence of the violation and the amount of the penalty.
27-15 (f) Within 20 days after the date the person receives the
27-16 notice, the person in writing may accept the determination and
27-17 recommended penalty of the executive director or subcommittee, as
27-18 applicable, or may make a written request for a hearing on the
27-19 occurrence of the violation, the amount of the penalty, or both the
27-20 occurrence of the violation and the amount of the penalty.
27-21 (g) If the person accepts the determination and recommended
27-22 penalty of the executive director or subcommittee, as applicable,
27-23 the board by order shall approve the determination and impose the
27-24 recommended penalty.
27-25 (h) If the person requests a hearing or fails to respond
27-26 timely to the notice, the executive director shall set a hearing
27-27 and give notice of the hearing to the person. The hearing shall be
28-1 held by an administrative law judge of the State Office of
28-2 Administrative Hearings. The administrative law judge shall make
28-3 findings of fact and conclusions of law. The administrative law
28-4 judge shall promptly issue to the board a proposal for a decision
28-5 about the occurrence of the violation and the amount of a proposed
28-6 penalty. Based on the findings of fact, conclusions of law, and
28-7 proposal for a decision, the board by order may find that a
28-8 violation has occurred and impose a penalty or may find that no
28-9 violation occurred.
28-10 (i) The notice of the board's order given to the person
28-11 under the Administrative Procedure and Texas Register Act (Article
28-12 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
28-13 amendments must include a statement of the right of the person to
28-14 judicial review of the order.
28-15 (j) Within 30 days after the date the board's order is final
28-16 as provided by Section 16(c), Administrative Procedure and Texas
28-17 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
28-18 its subsequent amendments, the person shall:
28-19 (1) pay the amount of the penalty;
28-20 (2) pay the amount of the penalty and file a petition
28-21 for judicial review contesting the occurrence of the violation, the
28-22 amount of the penalty, or both the occurrence of the violation and
28-23 the amount of the penalty; or
28-24 (3) without paying the amount of the penalty, file a
28-25 petition for judicial review contesting the occurrence of the
28-26 violation, the amount of the penalty, or both the occurrence of the
28-27 violation and the amount of the penalty.
29-1 (k) Within the 30-day period, a person who acts under
29-2 Subsection (j)(3) of this section may:
29-3 (1) stay enforcement of the penalty by:
29-4 (A) paying the amount of the penalty to the
29-5 court for placement in an escrow account; or
29-6 (B) giving to the court a supersedeas bond
29-7 approved by the court for the amount of the penalty and that is
29-8 effective until all judicial review of the board's order is final;
29-9 or
29-10 (2) request the court to stay enforcement of the
29-11 penalty by:
29-12 (A) filing with the court a sworn affidavit of
29-13 the person stating that the person is financially unable to pay the
29-14 amount of the penalty and is financially unable to give the
29-15 supersedeas bond; and
29-16 (B) giving a copy of the affidavit to the
29-17 executive director by certified mail.
29-18 (l) If the executive director receives a copy of an
29-19 affidavit under Subsection (k)(2) of this section, the executive
29-20 director may file with the court, within five days after the date
29-21 the copy is received, a contest to the affidavit. The court shall
29-22 hold a hearing on the facts alleged in the affidavit as soon as
29-23 practicable and shall stay the enforcement of the penalty on
29-24 finding that the alleged facts are true. The person who files an
29-25 affidavit has the burden of proving that the person is financially
29-26 unable to pay the amount of the penalty and to give a supersedeas
29-27 bond.
30-1 (m) If the person does not pay the amount of the penalty and
30-2 the enforcement of the penalty is not stayed, the executive
30-3 director may refer the matter to the attorney general for
30-4 collection of the amount of the penalty.
30-5 (n) Judicial review of the order of the board:
30-6 (1) is instituted by filing a petition as provided by
30-7 Section 19, Administrative Procedure and Texas Register Act
30-8 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
30-9 subsequent amendments; and
30-10 (2) is under the substantial evidence rule.
30-11 (o) If the court sustains the occurrence of the violation,
30-12 the court may uphold or reduce the amount of the penalty and order
30-13 the person to pay the full or reduced amount of the penalty. If
30-14 the court does not sustain the occurrence of the violation, the
30-15 court shall order that no penalty is owed.
30-16 (p) When the judgment of the court becomes final, the court
30-17 shall proceed under this subsection. If the person paid the amount
30-18 of the penalty and if that amount is reduced or is not upheld by
30-19 the court, the court shall order that the appropriate amount plus
30-20 accrued interest be remitted to the person. The rate of the
30-21 interest is the rate charged on loans to depository institutions by
30-22 the New York Federal Reserve Bank, and the interest shall be paid
30-23 for the period beginning on the date the penalty was paid and
30-24 ending on the date the penalty is remitted. If the person gave a
30-25 supersedeas bond and if the amount of the penalty is not upheld by
30-26 the court, the court shall order the release of the bond. If the
30-27 person gave a supersedeas bond and if the amount of the penalty is
31-1 reduced, the court shall order the release of the bond after the
31-2 person pays the amount.
31-3 (q) A penalty collected under this section shall be remitted
31-4 to the comptroller for deposit in the general revenue fund.
31-5 (r) All proceedings under this section are subject to the
31-6 Administrative Procedure and Texas Register Act (Article 6252-13a,
31-7 Vernon's Texas Civil Statutes) and its subsequent amendments.
31-8 Sec. 4.06. COMPLAINT PROCEDURE IN GENERAL. (a) The board
31-9 shall keep an information file about each complaint filed with the
31-10 board. The board's information file shall be kept current and
31-11 contain a record for each complaint of:
31-12 (1) all persons contacted in relation to the
31-13 complaint;
31-14 (2) a summary of findings made at each step of the
31-15 complaint process;
31-16 (3) an explanation of the legal basis and reason for a
31-17 complaint that is dismissed; and
31-18 (4) other relevant information.
31-19 (b) If a written complaint is filed with the board that the
31-20 board has authority to resolve, the board, at least as frequently
31-21 as quarterly and until final disposition of the complaint, shall
31-22 notify the parties to the complaint of the status of the complaint
31-23 unless the notice would jeopardize an undercover investigation.
31-24 (c) The board by rule shall adopt a form to standardize
31-25 information concerning complaints made to the board. The board by
31-26 rule shall prescribe information to be provided to a person when
31-27 the person files a complaint with the board.
32-1 (d) The board shall provide reasonable assistance to a
32-2 person who wishes to file a complaint with the board.
32-3 Sec. 4.07. COMPLAINT INVESTIGATION AND DISPOSITION. (a)
32-4 The board shall adopt rules concerning the investigation of a
32-5 complaint filed with the board. The rules adopted under this
32-6 subsection shall:
32-7 (1) distinguish between categories of complaints;
32-8 (2) ensure that complaints are not dismissed without
32-9 appropriate consideration;
32-10 (3) require that the board be advised of a complaint
32-11 that is dismissed and that a letter be sent to the person who filed
32-12 the complaint explaining the action taken on the dismissed
32-13 complaint;
32-14 (4) ensure that the person who filed the complaint has
32-15 an opportunity to explain the allegations made in the complaint;
32-16 and
32-17 (5) prescribe guidelines concerning the categories of
32-18 complaints that require the use of a private investigator and the
32-19 procedures for the board to obtain the services of a private
32-20 investigator.
32-21 (b) The board shall dispose of all complaints in a timely
32-22 manner. The board shall establish a schedule for conducting each
32-23 phase of a complaint that is under the control of the board not
32-24 later than the 30th day after the date the complaint is received by
32-25 the board. The schedule shall be kept in the information file for
32-26 the complaint and all parties shall be notified of the projected
32-27 time requirements for pursuing the complaint. A change in the
33-1 schedule must be noted in the complaint information file and all
33-2 parties to the complaint must be notified not later than the
33-3 seventh day after the date the change is made.
33-4 (c) The executive director shall notify the board of a
33-5 complaint that extends beyond the time prescribed by the board for
33-6 resolving the complaint so that the board may take necessary action
33-7 on the complaint.
33-8 Sec. 4.08. MONITORING OF LICENSE HOLDER. The board by rule
33-9 shall develop a system for monitoring license holders' compliance
33-10 with the requirements of this Act. Rules adopted under this
33-11 section shall include procedures for monitoring a license holder
33-12 who is ordered by the board to perform certain acts to ascertain
33-13 that the license holder performs the required acts and to identify
33-14 and monitor license holders who represent a risk to the public.
33-15 Sec. 4.09. INFORMAL PROCEEDINGS. (a) The board by rule
33-16 shall adopt procedures governing:
33-17 (1) informal disposition of a contested case under
33-18 Section 13(e), Administrative Procedure and Texas Register Act
33-19 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
33-20 subsequent amendments; and
33-21 (2) informal proceedings held in compliance with
33-22 Section 18(c), Administrative Procedure and Texas Register Act
33-23 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
33-24 subsequent amendments.
33-25 (b) Rules adopted under this section must provide the
33-26 complainant and the licensee an opportunity to be heard and must
33-27 require the presence of a representative of the office of the
34-1 attorney general to advise the board or the board's employees.
34-2 SECTION 20. Sections 5.01, 5.02, 5.03, and 5.04, Texas
34-3 Optometry Act (Articles 4552-5.01, 4552-5.02, 4552-5.03, and
34-4 4552-5.04, Vernon's Texas Civil Statutes), are amended to read as
34-5 follows:
34-6 Sec. 5.01. Display of license. Every person practicing
34-7 optometry or therapeutic optometry in this state shall display the
34-8 person's <his> license or certificate in a conspicuous place in the
34-9 principal office where the person <he> practices optometry or
34-10 therapeutic optometry and whenever required, exhibit such license
34-11 or certificate to said board, or its authorized representative, and
34-12 whenever practicing said profession of optometry or therapeutic
34-13 optometry outside of, or away from said office or place of
34-14 business, the person <he> shall deliver to each person fitted with
34-15 glasses a bill, which shall contain the person's <his> signature,
34-16 post-office address, and number of the person's <his> license or
34-17 certificate, together with a specification of the lenses and
34-18 material furnished and the prices charged for the same
34-19 respectively.
34-20 Sec. 5.02. LICENSEE INFORMATION. Each licensee shall file
34-21 with the board:
34-22 (1) the licensee's mailing address;
34-23 (2) the address of the licensee's residence;
34-24 (3) the mailing address of each of the licensee's
34-25 offices; and
34-26 (4) the address for the location of each of the
34-27 licensee's offices if that address is different from the office's
35-1 mailing address <RECORDATION OF LICENSE. It shall be unlawful for
35-2 any person to practice optometry or therapeutic optometry within
35-3 the limits of this state who has not registered and recorded his
35-4 license in the office of the county clerk of the county in which he
35-5 resides, and in each county in which he practices, together with
35-6 his age, post-office address, place of birth, subscribed and
35-7 verified by his oath. The fact of such oath and record shall be
35-8 endorsed by the county clerk upon the license. The absence of
35-9 record of such license in the office of the county clerk shall be
35-10 prima facie evidence of the lack of the possession of such license
35-11 to practice optometry or therapeutic optometry>.
35-12 Sec. 5.03. DUTY TO UPDATE INFORMATION. Not later than the
35-13 10th day after the date of a change in any of the information
35-14 required to be filed with the board under Section 5.02 of this Act,
35-15 the licensee shall file with the board a written notice of the
35-16 change <OPTOMETRY REGISTER. Each county clerk in this state shall
35-17 purchase a book of suitable size, to be known as the "Optometry
35-18 Register" of such county, and set apart at least one full page for
35-19 the registration of each optometrist and therapeutic optometrist,
35-20 and record in said optometry register the name and record of each
35-21 optometrist and therapeutic optometrist who presents for record a
35-22 license or certificate issued by the state board. When an
35-23 optometrist or therapeutic optometrist shall have his license
35-24 revoked, suspended, or cancelled, said county clerk, upon being
35-25 notified by the board, shall make a note of the fact beneath the
35-26 record in the optometry register, which entry shall close the
35-27 record and be prima facie evidence of the fact that the license has
36-1 been so cancelled, suspended or revoked. The county clerk of each
36-2 county shall, upon the request of the secretary of the board,
36-3 certify to the board a correct list of the optometrists and
36-4 therapeutic optometrists then registered in the county, together
36-5 with such other information as the board may require>.
36-6 Sec. 5.04. Practice without license; fraud; house-to-house.
36-7 It shall be unlawful for any person to:
36-8 (1) falsely impersonate any person duly licensed as an
36-9 optometrist or therapeutic optometrist under the provisions of this
36-10 Act or to falsely assume another name;
36-11 (2) buy, sell, or fraudulently obtain any optometry
36-12 diploma, optometry or therapeutic optometry license, record of
36-13 registration or aid or abet therein;
36-14 (3) practice, offer, or represent to others that the
36-15 person is <hold himself out as> authorized to practice optometry or
36-16 therapeutic optometry or use in connection with the person's <his>
36-17 name any designation tending to imply that the person <he> is a
36-18 practitioner of optometry or therapeutic optometry if not licensed
36-19 to practice under the provisions of this Act;
36-20 (4) practice optometry or therapeutic optometry during
36-21 the time the <his> license shall be suspended or revoked;
36-22 (5) fill an expired contact lens prescription; or
36-23 (6) practice optometry or therapeutic optometry from
36-24 house-to-house or on the streets or highways, notwithstanding any
36-25 laws for the licensing of peddlers. This shall not be construed as
36-26 prohibiting an optometrist, therapeutic optometrist, or physician
36-27 from attending, prescribing for and furnishing spectacles,
37-1 eyeglasses or ophthalmic lenses to a person who is confined to the
37-2 person's <his> abode by reason of illness or physical or mental
37-3 infirmity, or in response to an unsolicited request or call, for
37-4 such professional services.
37-5 SECTION 21. Section 5.09, Texas Optometry Act (Article
37-6 4552-5.09, Vernon's Texas Civil Statutes), is amended by amending
37-7 Subsection (c) and adding Subsection (h) to read as follows:
37-8 (c) Any advertisement of the price of prescription
37-9 spectacles or contact lenses is required to contain the following
37-10 information:
37-11 (1) a statement of whether or not the cost of an
37-12 examination, prescription services, and follow-up care by an eye
37-13 doctor is included in the price;
37-14 (2) if the advertised goods are to be available to the
37-15 public at the advertised price for less than 30 days after the date
37-16 of publication of the advertisement, the advertisement shall state
37-17 the time limitation on the offer;
37-18 (3) if the advertised goods are to be available to the
37-19 public in limited quantities and no rainchecks are given upon total
37-20 depletion of the inventory of the goods advertised, the
37-21 advertisement shall state the total quantity available to all
37-22 customers; <and>
37-23 (4) if the advertised goods are to be available to the
37-24 public at a limited number per customer, the advertisement shall
37-25 state the limit per customer; and
37-26 (5) with regard to contact lenses, the advertisement
37-27 shall state the number of lenses included for the price specified.
38-1 (h) A statement required to appear in an advertisement under
38-2 this section must be readily audible or readable by a person of
38-3 average comprehension or reading speed.
38-4 SECTION 22. Section 5.10, Texas Optometry Act (Article
38-5 4552-5.10, Vernon's Texas Civil Statutes), is amended to read as
38-6 follows:
38-7 Sec. 5.10. BOARD RULES RESTRICTING ADVERTISING. (a) The
38-8 board may not adopt <substantive> rules restricting competitive
38-9 bidding or advertising by a person regulated by the board except to
38-10 prohibit <adopt such rules as are necessary to prevent> false,
38-11 misleading, or deceptive practices.
38-12 (b) The board may not include in its rules to prohibit
38-13 false, misleading, or deceptive practices by a person regulated by
38-14 the board a rule that:
38-15 (1) restricts the use of any medium for advertising;
38-16 (2) restricts the person's personal appearance or use
38-17 of the person's voice in an advertisement;
38-18 (3) relates to the size or duration of an
38-19 advertisement by the person;
38-20 (4) restricts the person's advertisement under a trade
38-21 name;
38-22 (5) restricts any truthful statement regarding:
38-23 (A) the address or telephone number of an office
38-24 maintained by the person;
38-25 (B) office hours regularly maintained by the
38-26 person;
38-27 (C) languages, other than English, fluently
39-1 spoken by the person or a person in the person's office;
39-2 (D) whether the person provides services under a
39-3 specified private or public insurance plan or health-care plan;
39-4 (E) publications authored by the person;
39-5 (F) a teaching position held or formerly held by
39-6 the person and the dates the position was held;
39-7 (G) an affiliation with a hospital or clinic;
39-8 (H) the fact that the person regularly accepts
39-9 installment payment of fees;
39-10 (I) the manufacturer, designer, style, make,
39-11 trade name, brand name, color, size, or type of commodities
39-12 advertised; or
39-13 (J) other factual information that is not false,
39-14 fraudulent, misleading, or likely to deceive; or
39-15 (6) restricts any truthful statement that relates to
39-16 public health or that encourages preventive or corrective care.
39-17 (c) Subsection (b) of this section may not be construed to
39-18 prevent the board from restricting advertising that is false,
39-19 fraudulent, misleading, or likely to deceive.
39-20 SECTION 23. Section 5.12, Texas Optometry Act (Article
39-21 4552-5.12, Vernon's Texas Civil Statutes), is amended to read as
39-22 follows:
39-23 Sec. 5.12. BASIC COMPETENCE. (a) In order to ensure
39-24 <insure> an adequate examination of a patient for whom an
39-25 optometrist or therapeutic optometrist signs or causes to be signed
39-26 a prescription for an ophthalmic lens, in the initial examination
39-27 of the patient the optometrist or therapeutic optometrist shall
40-1 make and record, if possible, the following findings of the
40-2 condition of the patient:
40-3 (1) Case History (ocular, physical, occupational and
40-4 other pertinent information).
40-5 (2) Visual <Far point> acuity<, O.D., O.S., O.U.,
40-6 unaided; with old glasses, if available, and with new glasses, if
40-7 any>.
40-8 (3) Biomicroscopy <External> examination (lids,
40-9 cornea, sclera, etc.).
40-10 (4) Internal ophthalmoscopic examination (media,
40-11 fundus, etc.).
40-12 (5) Static retinoscopy, O.D., O.S., or autorefractor.
40-13 (6) Subjective findings, far point and near point.
40-14 (7) Assessment of binocular function <Phorias or
40-15 ductions, far and near, lateral and vertical>.
40-16 (8) Amplitude or range of accommodation.
40-17 (9) Tonometry <Amplitude or range of convergence>.
40-18 (10) Angle of vision, to right and to left.
40-19 (b) Every prescription for an ophthalmic lens shall include
40-20 <the following information: interpupillary distance, far and near;
40-21 lens prescription, right and left; color or tint; segment type,
40-22 size and position;> the optometrist's or therapeutic optometrist's
40-23 signature and the information and parameters that the optometrist
40-24 or therapeutic optometrist considers relevant or necessary. The
40-25 prescription may not contain restrictions limiting the parameters
40-26 to private labels not available to the optical industry as a whole.
40-27 Specifications of a prescription for an ophthalmic lens may not be
41-1 altered without the consent of the prescribing doctor.
41-2 (c) The willful or repeated failure or refusal of an
41-3 optometrist or therapeutic optometrist to comply with any of the
41-4 foregoing requirements shall be considered by the board to
41-5 constitute prima facie evidence that the optometrist or therapeutic
41-6 optometrist <he> is unfit or incompetent by reason of negligence
41-7 within the meaning of Section 4.04(a)(3) of this Act, and shall be
41-8 sufficient ground for the filing of charges to cancel, revoke or
41-9 suspend the <his> license. The charges shall state the specific
41-10 instances in which it is alleged that the rule was not complied
41-11 with. At a hearing pursuant to the filing of such charges, the
41-12 person charged shall have the burden of establishing that
41-13 compliance with the rule in each instance in which proof is adduced
41-14 that it was not complied with was not necessary to a proper
41-15 examination of the patient in that particular case.
41-16 SECTION 24. Sections 5.13(d), (e), (g), (i), and (j), Texas
41-17 Optometry Act (Article 4552-5.13, Vernon's Texas Civil Statutes),
41-18 are amended to read as follows:
41-19 (d) An optometrist or therapeutic optometrist may practice
41-20 optometry or therapeutic optometry under a trade name or an assumed
41-21 name or under the name of a professional corporation or a
41-22 professional association. Every optometrist or therapeutic
41-23 optometrist practicing in the State of Texas, including those
41-24 practicing under a trade or assumed name, shall be required to
41-25 display the actual name under which the optometrist or therapeutic
41-26 optometrist <he> is licensed by the board in a manner such that the
41-27 <his> name will be visible to the public prior to entry of the
42-1 optometrist's or therapeutic optometrist's office reception area.
42-2 (e) No optometrist or therapeutic optometrist shall use,
42-3 cause or allow to be used, the optometrist's or therapeutic
42-4 optometrist's <his> name or professional identification, as
42-5 authorized by Article 4590e, <as amended,> Revised <Civil> Statutes
42-6 <of Texas, 1925>, and its subsequent amendments, on or about the
42-7 door, window, wall, directory, or any sign or listing whatsoever,
42-8 of any office, location or place where optometry or therapeutic
42-9 optometry is practiced, unless said optometrist or therapeutic
42-10 optometrist is actually present and practicing optometry or
42-11 therapeutic optometry therein during the hours such office,
42-12 location or place of practice is open to the public for the
42-13 practice of optometry or therapeutic optometry.
42-14 (g) The requirement of Subsections (e) and (f) of this
42-15 section that an optometrist or therapeutic optometrist be "actually
42-16 present" in an office, location or place of practice holding the
42-17 optometrist's or therapeutic optometrist's <his> name out to the
42-18 public shall be deemed satisfied if the optometrist or therapeutic
42-19 optometrist is, as to such office, location or place of practice,
42-20 either:
42-21 (1) physically present therein more than half the
42-22 total number of hours such office, location, or place of practice
42-23 is open to the public for the practice of optometry or therapeutic
42-24 optometry during each calendar month for at least nine months in
42-25 each calendar year; or
42-26 (2) physically present in such office, location, or
42-27 place of practice for at least one-half of the time such person
43-1 conducts, directs, or supervises any practice of optometry or
43-2 therapeutic optometry.
43-3 (i) The requirement of Subsections (e) and (f) of this
43-4 section that an optometrist or therapeutic optometrist be
43-5 "practicing optometry or therapeutic optometry" at an office,
43-6 location, or place of practice holding the optometrist's or
43-7 therapeutic optometrist's <his> name out to the public shall be
43-8 deemed satisfied if the optometrist or therapeutic optometrist
43-9 regularly makes personal examination at such office, location, or
43-10 place of practice of the eyes of some of the persons prescribed for
43-11 therein or regularly supervises or directs in person at such
43-12 office, location or place of practice such examinations.
43-13 (j) The willful or repeated failure or refusal of an
43-14 optometrist or therapeutic optometrist to comply with any of the
43-15 provisions of this section shall be considered by the board to
43-16 constitute prima facie evidence that such optometrist or
43-17 therapeutic optometrist is guilty of violation of this Act, and
43-18 shall be sufficient ground for the filing of charges to cancel,
43-19 revoke or suspend a <his> license. The charges shall state the
43-20 specific instance or instances in which it is alleged that the rule
43-21 was not complied with. Alternatively, or in addition to the above,
43-22 it shall be the duty of the board to institute and prosecute an
43-23 action in a court of competent jurisdiction to restrain or enjoin
43-24 the violation of any of the preceding rules.
43-25 SECTION 25. Sections 5.14(c) and (g), Texas Optometry Act
43-26 (Article 4552-5.14, Vernon's Texas Civil Statutes), are amended to
43-27 read as follows:
44-1 (c) The prescription files and all business records of the
44-2 optometric practice shall be the sole property of the optometrist
44-3 or therapeutic optometrist and free from involvement with the
44-4 mercantile establishment or any unlicensed person. Except,
44-5 however, that those business records essential to the successful
44-6 initiation or continuation of a percentage of gross receipts lease
44-7 of space may be inspected by the applicable lessor.
44-8 (g) The optometrist or therapeutic optometrist shall not
44-9 permit the optometrist's or therapeutic optometrist's <his> name or
44-10 <his> practice to be directly or indirectly used in connection with
44-11 the mercantile establishment in any advertising, displays, signs,
44-12 or in any other manner.
44-13 SECTION 26. Sections 5.15(d) and (e), Texas Optometry Act
44-14 (Article 4552-5.15, Vernon's Texas Civil Statutes), are amended to
44-15 read as follows:
44-16 (d) No person, firm, or corporation engaged in the business
44-17 of a dispensing optician, other than a licensed optometrist,
44-18 therapeutic optometrist, or physician, shall have, own, or acquire
44-19 any interest in the practice, books, records, files, equipment, or
44-20 materials of a licensed optometrist or therapeutic optometrist, or
44-21 have, own, or acquire any interest in the premises or space
44-22 occupied by a licensed optometrist or therapeutic optometrist for
44-23 the practice of optometry or therapeutic optometry other than a
44-24 lease for a specific term without retention of the present right of
44-25 occupancy on the part of the dispensing optician. In the event an
44-26 optometrist, therapeutic optometrist, or physician who is also
44-27 engaged in the business of a dispensing optician (whether as an
45-1 individual, firm, or corporation) does own an interest in the
45-2 practice, books, records, files, equipment or materials of another
45-3 licensed optometrist or therapeutic optometrist, the optometrist,
45-4 therapeutic optometrist, or physician <he> shall maintain a
45-5 completely separate set of books, records, files, and accounts in
45-6 connection therewith.
45-7 (e) If, after examining a patient, an optometrist or
45-8 therapeutic optometrist believes that lenses are required to
45-9 correct or remedy any defect or abnormal condition of vision, the
45-10 optometrist or therapeutic optometrist shall so inform the patient
45-11 and shall provide the patient with a copy of the patient's
45-12 spectacle prescription. The optometrist or therapeutic optometrist
45-13 shall expressly indicate verbally or by other means that the
45-14 patient has two alternatives for the preparation of the lenses
45-15 according to the optometrist's or therapeutic optometrist's
45-16 prescription: First, that the optometrist or therapeutic
45-17 optometrist will prepare or have the lenses prepared according to
45-18 the prescription; and second, that the patient may have the
45-19 prescription filled by any dispensing optician but should return
45-20 for an optometrical examination of the lenses. This subsection
45-21 does not require an optometrist or therapeutic optometrist to
45-22 provide a prescription to a patient before the patient has paid the
45-23 examination fee.
45-24 SECTION 27. Section 5.17, Texas Optometry Act (Article
45-25 4552-5.17, Vernon's Texas Civil Statutes), is amended to read as
45-26 follows:
45-27 Sec. 5.17. Exceptions. (a) Nothing in this Act shall be
46-1 construed to apply to <persons who sell ready-to-wear spectacles
46-2 and eyeglasses as merchandise at retail or> officers or agents of
46-3 the United States or the State of Texas, in the discharge of their
46-4 official duties.
46-5 (b) Nothing in this Act shall prevent, limit, or interfere
46-6 with the right of a physician duly licensed by the Texas State
46-7 Board of Medical Examiners to treat or prescribe for <his> patients
46-8 or to direct or instruct others under the control, supervision, or
46-9 direction of such a physician to aid or minister to the needs of
46-10 <his> patients according to the physician's specific directions,
46-11 instructions or prescriptions; and where such directions,
46-12 instructions, or prescriptions are to be followed, performed, or
46-13 filled outside or away from the physician's office such directions,
46-14 instructions, or prescriptions shall be in writing.
46-15 (c) Nothing in this Act shall be construed to prevent
46-16 persons from selling ready-to-wear spectacles as merchandise at
46-17 retail, nor to prevent unlicensed persons from making simple
46-18 repairs to spectacles.
46-19 (d) Nothing in this Act shall prevent, limit, or interfere
46-20 with the right of a dispensing optician or ophthalmic dispenser
46-21 registered under the Opticians' Registry Act (Article 4551-1,
46-22 Vernon's Texas Civil Statutes) and its subsequent amendments to
46-23 engage in spectacle or contact lens dispensing as defined by that
46-24 Act. This subsection does not prohibit the board from acting under
46-25 this Act to restrict the unauthorized practice of optometry.
46-26 SECTION 28. Section 5.18, Texas Optometry Act (Article
46-27 4552-5.18, Vernon's Texas Civil Statutes), is amended by amending
47-1 Subsections (a) and (b) and adding Subsection (e) to read as
47-2 follows:
47-3 (a) It shall be a violation of this Act for any person who
47-4 is not a licensed optometrist, therapeutic optometrist, or
47-5 physician to engage in the practice of optometry or therapeutic
47-6 optometry as such practices are defined by this Act or to engage in
47-7 any activity prohibited by this Act.
47-8 (b) Any person who shall be injured by another person who
47-9 violates this section may institute suit in any district court in
47-10 Travis County or in the county wherein the violation is alleged to
47-11 have occurred to require enforcement by injunctive procedures and
47-12 to recover damages sustained, plus costs of court and reasonable
47-13 attorney's fees.
47-14 (e) A person commits an offense if that person dispenses
47-15 contact lenses by mail or otherwise to a patient in this state
47-16 without having a valid prescription signed by an optometrist,
47-17 therapeutic optometrist, or physician. An offense under this
47-18 subsection is a misdemeanor punishable by a fine in the amount of
47-19 $1,000 for each lens so dispensed. This fine is in addition to any
47-20 other penalty imposed under this Act.
47-21 SECTION 29. Section 5.19, Texas Optometry Act (Article
47-22 4552-5.19, Vernon's Texas Civil Statutes), is amended to read as
47-23 follows:
47-24 Sec. 5.19. PENALTY. A person who violates any provision of
47-25 this Act is guilty of a misdemeanor and upon conviction is
47-26 punishable by a fine of not less than $100 <$50> nor more than
47-27 $1,000 <$500> or by confinement in the county jail for not less
48-1 than two months nor more than six months, or both. A separate
48-2 offense is committed each day a violation of this Act occurs or
48-3 continues.
48-4 SECTION 30. Article 5, Texas Optometry Act (Article
48-5 4552-5.01 et seq., Vernon's Texas Civil Statutes), is amended by
48-6 adding Section 5.21 to read as follows:
48-7 Sec. 5.21. OWNERSHIP OF RECORDS. (a) All prescription
48-8 files, patient records, and business records of an optometric
48-9 practice are the sole property of the optometrist or therapeutic
48-10 optometrist.
48-11 (b) A patient may obtain a copy of the patient's optometric
48-12 records, or may have them forwarded to another doctor, by making a
48-13 signed, written request to the optometrist or therapeutic
48-14 optometrist for the records.
48-15 (c) The optometrist or therapeutic optometrist may charge a
48-16 reasonable processing fee for providing optometric records to a
48-17 patient.
48-18 (d) The optometric records may be provided in summary form
48-19 unless the patient specifically requests otherwise.
48-20 SECTION 31. The Texas Optometry Act (Article 4552-1.01 et
48-21 seq., Vernon's Texas Civil Statutes) is amended by amending Article
48-22 6 and adding Article 7 to read as follows:
48-23 ARTICLE 6. DISCRIMINATION PROHIBITED <MISCELLANEOUS PROVISIONS>
48-24 Sec. 6.01. GOVERNMENTAL DISCRIMINATION PROHIBITED. (a) A
48-25 program supported, in whole or in part, by this state, or a program
48-26 supported or provided by a state agency, or a county, municipality,
48-27 or other political subdivision, may not discriminate against a
49-1 health-care practitioner because the practitioner is an optometrist
49-2 or therapeutic optometrist or physician specializing in
49-3 ophthalmology.
49-4 (b) A law of this state or a rule, ordinance, or policy of
49-5 an agency or political subdivision of this state that requires or
49-6 encourages a person to obtain vision care or medical eye care that
49-7 is within the scope of practice of an optometrist or therapeutic
49-8 optometrist may not discriminate against a health-care practitioner
49-9 because the practitioner is an optometrist or therapeutic
49-10 optometrist or physician specializing in ophthalmology.
49-11 ARTICLE 7. MISCELLANEOUS PROVISIONS
49-12 Sec. 7.01. REFERENCE TO BOARD OF EXAMINERS <ABOLISHED>.
49-13 <The Texas State Board of Examiners in Optometry is abolished. All
49-14 property, equipment, records, files, and papers in the possession
49-15 of that board are transferred to the Texas Optometry Board created
49-16 by this Act.> All references in the statutes to the Texas State
49-17 Board of Examiners in Optometry shall be construed to mean the
49-18 Texas Optometry Board.
49-19 Sec. 7.02 <6.02>. Severability. If any provision, section
49-20 or clause of this Act or application thereof to any person or
49-21 circumstances is held invalid, such invalidity shall not affect
49-22 other provisions or applications thereof which can be given effect
49-23 without the invalid provision, section or clause, and to this end
49-24 the provisions of this Act are declared to be severable.
49-25 <Sec. 6.03. REPEALER. Chapter 10, Title 71, Revised Civil
49-26 Statutes of Texas, 1925, as amended, and Chapter 5, Title 12, Penal
49-27 Code of Texas, 1925, as amended, and all other laws and parts of
50-1 laws in conflict with this Act are hereby repealed.>
50-2 <Sec. 6.04. EFFECTIVE DATE. This Act takes effect September
50-3 1, 1969.>
50-4 <Sec. 6.05. EMERGENCY. The fact that the practice of
50-5 optometry has become one of the important health professions and it
50-6 is in the interest of the people of Texas that the practice of
50-7 optometry and that optometrists, in keeping with the traditions of
50-8 the other health professions, be properly regulated, and the
50-9 further fact that existing laws have proved ineffective in securing
50-10 the underlying purposes and objectives of this Act, create an
50-11 emergency of the greatest importance to the visual health and
50-12 welfare of the people of Texas and an imperative public necessity
50-13 requiring that the Constitutional Rule that bills be read on three
50-14 several days in each House be suspended, and such Rule is hereby
50-15 suspended; and this Act shall take effect and be in force from and
50-16 after its passage, and it is so enacted.>
50-17 SECTION 32. Subchapter E, Chapter 21, Insurance Code, is
50-18 amended by adding Article 21.52D to read as follows:
50-19 Art. 21.52D. USE OF OPTOMETRISTS AND OPHTHALMOLOGISTS BY
50-20 MANAGED CARE PLAN. (a) In this article:
50-21 (1) "Managed care plan" means a health maintenance
50-22 organization, a preferred provider organization, or another
50-23 organization that provides or arranges for health care benefits to
50-24 participants and that requires or encourages participants to use
50-25 health care practitioners designated by the plan.
50-26 (2) "Ophthalmologist" means a physician who is
50-27 licensed by the Texas State Board of Medical Examiners and who
51-1 specializes in ophthalmology.
51-2 (b) A managed care plan that provides or arranges for
51-3 benefits for vision or medical eye care services or procedures that
51-4 are within the scope of the license of an optometrist or
51-5 therapeutic optometrist may not:
51-6 (1) discriminate against a health care practitioner
51-7 because the practitioner is an optometrist, therapeutic
51-8 optometrist, or ophthalmologist;
51-9 (2) fail to include optometrists, therapeutic
51-10 optometrists, and ophthalmologists as participating practitioners
51-11 in the plan;
51-12 (3) restrict or discourage a participant from
51-13 obtaining covered vision or medical eye care services or procedures
51-14 from a participating optometrist, therapeutic optometrist, or
51-15 ophthalmologist because the practitioner is an optometrist,
51-16 therapeutic optometrist, or ophthalmologist;
51-17 (4) fail to include the name of a participating
51-18 optometrist, therapeutic optometrist, or ophthalmologist on a list
51-19 of participating practitioners or fail to give equal prominence to
51-20 the name;
51-21 (5) fail to include an optometrist, therapeutic
51-22 optometrist, or ophthalmologist as a participating practitioner in
51-23 the plan because the optometrist, therapeutic optometrist, or
51-24 ophthalmologist does not have medical staff privileges at a
51-25 hospital or at a particular hospital; or
51-26 (6) fail to include an optometrist, therapeutic
51-27 optometrist, or ophthalmologist as a participating practitioner in
52-1 the plan because the services or procedures provided by the
52-2 optometrist, therapeutic optometrist, or ophthalmologist may be
52-3 provided by another type of practitioner.
52-4 (c) This article does not require a managed care plan to
52-5 provide vision or medical eye care services or procedures.
52-6 SECTION 33. The changes in law made by this Act to the
52-7 requirements for membership on the Texas Optometry Board apply only
52-8 to an appointment made on or after the effective date of this Act
52-9 and do not affect the entitlement of a member serving on the board
52-10 on the effective date of this Act to continue to hold office for
52-11 the remainder of the term for which the person was appointed.
52-12 SECTION 34. On and after January 1, 1994, the State Office
52-13 of Administrative Hearings shall assume responsibility for hearings
52-14 held with respect to each contested case arising under the Texas
52-15 Optometry Act (Article 4552-1.01 et seq., Vernon's Texas Civil
52-16 Statutes). The Texas Optometry Board and the chief administrative
52-17 law judge of the State Office of Administrative Hearings may agree
52-18 to transfer contested cases pending before the board to the State
52-19 Office of Administrative Hearings before January 1, 1994.
52-20 SECTION 35. Not later than January 1, 1994, each person
52-21 licensed under the Texas Optometry Act (Article 4552-1.01 et seq.,
52-22 Vernon's Texas Civil Statutes) shall file with the Texas Optometry
52-23 Board the information required under Section 5.02, Texas Optometry
52-24 Act (Article 4552-5.02, Vernon's Texas Civil Statutes), as amended
52-25 by this Act.
52-26 SECTION 36. The Texas Optometry Board shall adopt rules
52-27 required by this Act not later than December 31, 1993.
53-1 SECTION 37. Section 21.52D, Insurance Code, as added by this
53-2 Act, applies only to a managed care plan that is delivered, issued
53-3 for delivery, or renewed on or after January 1, 1994. A managed
53-4 care plan that is delivered, issued for delivery, or renewed before
53-5 January 1, 1994, is governed by the law as it existed immediately
53-6 before the effective date of this Act, and that law is continued in
53-7 effect for that purpose.
53-8 SECTION 38. This Act takes effect September 1, 1993.
53-9 SECTION 39. The importance of this legislation and the
53-10 crowded condition of the calendars in both houses create an
53-11 emergency and an imperative public necessity that the
53-12 constitutional rule requiring bills to be read on three several
53-13 days in each house be suspended, and this rule is hereby suspended.