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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition of the Texas Optometry Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 351.051(a), Occupations Code, is amended |
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to read as follows: |
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(a) The Texas Optometry Board consists of 13 [nine] members |
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appointed by the governor with the advice and consent of the senate |
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as follows: |
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(1) seven [six] optometrists or therapeutic |
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optometrists; [and] |
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(2) three learned and eminent physicians who |
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specialize in ophthalmology and who have been licensed under |
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Subtitle B for at least three years before the date of appointment; |
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and |
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(3) three members who represent the public. |
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SECTION 2. Section 351.054(a), Occupations Code, is amended |
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to read as follows: |
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(a) Members of the board serve staggered six-year terms. |
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The terms of two or three optometrist or therapeutic optometrist |
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members, as applicable, one physician member, and one public member |
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expire on January 31 of each odd-numbered year. |
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SECTION 3. Section 351.058(b), Occupations Code, is amended |
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to read as follows: |
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(b) The board shall hold special meetings on the request of |
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seven [five] members of the board or on the call of the presiding |
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officer. |
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SECTION 4. Section 351.501(a), Occupations Code, is amended |
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to read as follows: |
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(a) On the vote of seven [five] or more members, the board |
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may refuse to issue a license to an applicant, revoke or suspend a |
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license, place on probation a person whose license has been |
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suspended, impose a fine, impose a stipulation, limitation, or |
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condition relating to continued practice, including conditioning |
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continued practice on counseling or additional education, or |
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reprimand a license holder if the board determines that: |
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(1) the applicant or license holder is guilty of |
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fraud, deceit, dishonesty, or misrepresentation in the practice of |
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optometry or therapeutic optometry or in seeking admission to that |
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practice; |
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(2) the applicant or license holder is unfit or |
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incompetent by reason of negligence; |
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(3) the applicant or license holder has been convicted |
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of a misdemeanor involving moral turpitude or a felony; |
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(4) the applicant or license holder: |
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(A) is a habitual drunkard; |
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(B) is addicted to the use of morphine, cocaine, |
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or other drugs having similar effect; |
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(C) has become insane; or |
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(D) has been found by a court to be of unsound |
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mind; |
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(5) the license holder has directly or indirectly |
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employed, hired, procured, or induced a person to practice |
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optometry or therapeutic optometry in this state without a license; |
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(6) the license holder has directly or indirectly |
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aided or abetted an unlicensed person in the practice of optometry |
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or therapeutic optometry; |
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(7) the license holder has placed the holder's license |
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at the disposal or service of, including lending, leasing, or |
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renting to, a person not licensed to practice optometry or |
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therapeutic optometry in this state; |
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(8) the applicant or license holder has wilfully or |
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repeatedly violated this chapter or a board rule adopted under this |
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chapter; |
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(9) the license holder has wilfully or repeatedly |
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represented to a member of the public that the license holder is |
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authorized or competent to cure or treat an eye disease beyond the |
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authorization granted by this chapter; |
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(10) the license holder has had the right to practice |
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optometry or therapeutic optometry suspended or revoked by a |
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federal agency for a cause that the board believes warrants that |
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action; |
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(11) the applicant or license holder has acted to |
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deceive, defraud, or harm the public; |
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(12) the applicant or license holder is guilty of |
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gross incompetence in the practice of optometry or therapeutic |
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optometry; |
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(13) the applicant or license holder has engaged in a |
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pattern of practice or other behavior demonstrating a wilful |
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provision of substandard care; |
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(14) the applicant or license holder has committed an |
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act of sexual abuse, misconduct, or exploitation with a patient or |
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has otherwise unethically or immorally abused the doctor-patient |
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relationship; |
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(15) the applicant or license holder has prescribed, |
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sold, administered, distributed, or given a drug legally classified |
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as a controlled substance or as an addictive or dangerous drug for |
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other than an accepted diagnostic or therapeutic purpose; |
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(16) the applicant or license holder has failed to |
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report to the board the relocation of the applicant's or license |
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holder's office not later than the 30th day after the date of |
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relocation, whether in or out of this state; or |
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(17) the license holder has practiced or attempted to |
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practice optometry while the license holder's license was |
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suspended. |
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SECTION 5. As soon as practicable on or after the effective |
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date of this Act, the governor shall appoint four additional |
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members to the Texas Optometry Board. In appointing those members, |
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the governor shall appoint one physician member to a term expiring |
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January 31, 2011, one physician member to a term expiring January |
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31, 2013, and one physician member and one optometrist or |
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therapeutic optometrist member to terms expiring January 31, 2015. |
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SECTION 6. This Act takes effect September 1, 2009. |