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79R7796 MSE-F
By: Hunter H.B. No. 2641
A BILL TO BE ENTITLED
AN ACT
relating to the voluntary regulation of persons providing certain
ophthalmic goods and services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 352.002, Occupations Code, is amended by
adding Subdivision (3-a) and amending Subdivisions (4) and (5) to
read as follows:
(3-a) "Contact lens technician" means a person who
provides or offers to provide contact lens dispensing services or
products to the public.
(4) "Department" means the [Texas] Department of State
Health Services.
(5) "Dispensing optician" [or "ophthalmic dispenser"]
means a person who provides or offers to provide spectacle [or
contact lens] dispensing services or products to the public.
SECTION 2. Section 352.101, Occupations Code, is amended by
amending Subsections (a), (b), and (d) and adding Subsection (e) to
read as follows:
(a) A person may not represent to the public that the person
is a "Registered Dispensing Optician" [or "Registered Spectacle
Dispenser"] unless the person is registered as a [spectacle]
dispensing optician and complies with this chapter.
(b) A person may not represent to the public that the person
is a ["Registered Contact Lens Dispenser" or] "Registered Contact
Lens Technician" unless the person is registered as a contact lens
technician [dispenser] and complies with this chapter.
(d) A person properly registered under this chapter may
represent to the public that the person is a "Registered Dispensing
Optician," ["Registered Spectacle Dispenser,"] "Registered Contact
Lens Technician," or "Registered Optician [Contact Lens
Dispenser]."
(e) A person may not represent to the public that the person
is a registered optician unless the person is registered as an
optician and complies with this chapter.
SECTION 3. Section 352.102, Occupations Code, is amended to
read as follows:
Sec. 352.102. ISSUANCE OF CERTIFICATE; QUALIFICATIONS.
(a) The department shall issue a certificate of registration as a
dispensing optician to an applicant who:
(1) applies and pays a registration fee;
(2) presents evidence satisfactory to the department
that the applicant has:
(A) been actively engaged in spectacle
dispensing, contact lens dispensing, or both for at least four
years;
(B) has completed a four-year apprenticeship in
spectacle dispensing, contact lens dispensing, or both; or
(C) has a degree relating to the field of
ophthalmic optics and has engaged in spectacle dispensing, contact
lens dispensing, or both for at least two years [successfully
completed the number of classroom hours of training required by the
board]; and
(3) passes the appropriate examination required under
Section 352.103.
(b) The department shall issue a certificate of
registration as a contact lens technician to an applicant who:
(1) applies and pays a registration fee;
(2) presents evidence satisfactory to the department
that the applicant:
(A) has been actively engaged in spectacle
dispensing, contact lens dispensing, or both for at least four
years;
(B) has completed a four-year apprenticeship in
spectacle dispensing, contact lens dispensing, or both; or
(C) has a degree relating to the field of
ophthalmic optics and has engaged in spectacle dispensing, contact
lens dispensing, or both for at least two years; and
(3) passes the appropriate examination required under
Section 352.103 [board may not require more than 30 classroom hours
of training as a prerequisite to registration].
(c) A person may qualify and be registered as:
(1) a dispensing optician;
(2) a contact lens technician;
(3) both a dispensing optician and a contact lens
technician; or
(4) an optician.
(d) The department shall issue a certificate of
registration as an optician to an applicant who:
(1) applies and pays a registration fee;
(2) presents evidence satisfactory to the department
that the applicant has been actively engaged in spectacle
dispensing, contact lens dispensing, or both for at least six
years;
(3) is actively registered under this chapter as a
dispensing optician, a contact lens technician, or both; and
(4) presents evidence satisfactory to the department
that the applicant has completed educational requirements
established by department rule that must:
(A) be provided by an entity approved by the
department;
(B) include at least 100 hours of classroom
instruction; and
(C) be determined by the department to include
advanced training in ophthalmic optics.
(e) A person registered under this chapter as an optician
must continue to be registered under this chapter as a dispensing
optician, a contact lens technician, or both a dispensing optician
and a contact lens technician [a spectacle dispenser, contact lens
dispenser, or both].
SECTION 4. Section 352.153(b), Occupations Code, is amended
to read as follows:
(b) The department [board] may not require more than:
(1) 10 classroom hours of dispensing optician
continuing education courses each year for registration under
Section 352.102(a) as a dispensing optician;
(2) 12 classroom hours of contact lens technician
continuing education courses each year for registration under
Section 352.102(b) as a contact lens technician; or
(3) 18 classroom hours of continuing education courses
each year for registration under this chapter as both a dispensing
optician and a contact lens technician, provided that half of the
hours are approved for dispensing optician continuing education and
half of the hours are approved for contact lens technician
continuing education.
SECTION 5. The changes in law made by this Act apply only to
a certificate of registration issued or renewed under Chapter 352,
Occupations Code, on or after the effective date of this Act. An
issuance or renewal that occurs before the effective date of this
Act is governed by the law in effect immediately before that date,
and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2005.