Proposed Rules Title 22

TITLE 22. EXAMINING BOARDS

The Texas Optometry Board proposes the following repeal to 22 TAC Title 14 Chapter 271 Examinations.

The rules in the Chapter 271 were reviewed as a result of the Board's general rule review under Texas Government Code §2001.039. Notice of the review was published in the March 1, 2024, issue of the Texas Register (49 TexReg 1288). No comments were received regarding the Board's notice of review. The Board has determined that there continues to be a need for the rules in Chapter 271.

However, the Board has determined the substance of §271.1 Definitions would be better suited for Chapter 272 and is proposing to repeal the rule in its entirety.

The substance of the language will be proposed for amendment to Chapter 272 in a separate rule submission with the Texas Register.

Government Growth Impact Statement. For the first five-year period the repeal is in effect, the Board estimates that the repeal will have no effect on government growth. The repeal does not create or eliminate a government program; does not require the creation or elimination of employee positions; does not require the increase or decrease in future legislative appropriations to this agency; does not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand an existing regulation; does not increase or decrease the number of individuals subject to the rule's applicability; and does not positively or adversely affect the state's economy.

Small Business, Micro-Business, and Rural Community Impact Statement. Ms. McCoy has determined for the first five-year period following the repeal, there will be no adverse effect on small businesses, micro-businesses, or rural communities and the repeal does not positively or adversely impact the state's economy.

Regulatory Flexibility Analysis for Small and Micro-Businesses and Rural Communities. Ms. McCoy has determined that the repeal will have no adverse economic effect on small businesses, micro-businesses, or rural communities and does not positively or adversely impact the state's economy. Thus, the Board is not required to prepare a regulatory flexibility analysis pursuant to §2006.002 of the Government Code.

Takings Impact Assessment. Ms. McCoy has determined that there are no private real property interests affected by the repeal. Thus, the Board is not required to prepare a takings impact assessment pursuant to §2007.043 of the Government Code.

Local Employment Impact Statement. Ms. McCoy has determined that the repeal will have no impact on local employment or a local economy. Thus, the Board is not required to prepare a local employment impact statement pursuant to §2001.024 of the Government Code.

Public Benefit. Ms. McCoy has determined for the first five-year period the repeal is in effect there is no impact on the public.

Fiscal Note. Janice McCoy, Executive Director of the Board, has determined that for the first five-year period following the repeal, there will be no additional estimated cost, reduction in costs, or loss or increase in revenue to local governments.

Additionally, Ms. McCoy has determined that enforcing or administering the rules do not have foreseeable implications relating to the costs or revenues of state or local government.

Requirement for Rules Increasing Costs to Regulated Persons. The proposed repeal does not impose any new or additional costs to regulated persons, state agencies, special districts, or local governments; therefore, pursuant to §2001.0045 of the Government Code, no repeal or amendment of another rule is required to offset any increased costs. Additionally, no repeal or amendment of another rule is required because the proposed rules are necessary to protect the health, safety, and welfare of the residents of this state and because regulatory costs imposed by the Board on licensees is not expected to increase.

PUBLIC COMMENTS: Comments on the proposed repeal rules may be submitted electronically to: janice.mccoy@tob.texas.gov or in writing to Janice McCoy, Executive Director, Texas Optometry Board, 1801 N. Congress, Suite 9.300, Austin, Texas 78701. The deadline for furnishing comments is thirty days after publication in the Texas Register.

Statutory Authority. The Board proposes this rule pursuant to the authority found in §351.151 of the Occupations Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Occupations Code.

No other sections are affected by the amendments.

§271.1.Definitions.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 30, 2024.

TRD-202402417

Janice McCoy

Executive Director

Texas Optometry Board

Earliest possible date of adoption: July 14, 2024

For further information, please call: (512) 305-8500

22 TAC §§271.2, 271.6, 271.8 - 271.12

The Texas Optometry Board proposes amendments and the addition of new sections to 22 TAC Title 14 Chapter 271 Examinations. The Board is amending the following rules: §271.2 and §271.6. The Board is adding the following rules: §§271.8 - 271.12.

The rules were concurrently reviewed as part of an effort by the Board's Administration and Licensing Committee to simplify the Board's application process. This review encompassed both Chapters 271 and 280. The Committee recommended that the Board combine the application for the Therapeutic license and Optometric Glaucoma Specialist designation as all graduates after 2008 qualify for the enhanced Optometric Glaucoma Specialist designation. The Board recognized that having the application in two steps was a deterrent to about 20 percent of the applicant pool who failed to complete the second application step although qualified to do so.

Additionally, the Committee recommended that the Board move all license requirements and application steps found in Chapter 280 to Chapter 271 for clarity to both staff and potential applicants.

The Board is not making changes to the following rules: §271.3 Jurisprudence Examination Administration; §271.5 Licensure without Examination; and §271.7 Criminal History Evaluation Letters.

First, the Board proposes to amend the title of Chapter 271 to "Licensing" instead of "Examinations" for clarity purposes.

The Board is amending the following rules: §271.2 Applications for Licensure as Therapeutic Optometrist and §271.6 National Board Examination to add language currently found in Chapter 280.

The Board is adding the following rules by moving language currently found in Chapter 280: §271.8 Converting Optometric License to Therapeutic Optometric License; §271.9 Licensure as Optometric Glaucoma Specialist; §271.10 Optometric Glaucoma Specialist: Required Education and Examination; §271.11 Required Education for Therapeutic Licensure; and §271.12 License Designation.

Note: current Board rule §271.1 Definitions is being repealed in a separate submission. However, the substance of the rule will be included in Chapter 272.

Overview and Explanation of the Proposed Amendments. The proposal combines the application of the Therapeutic and Optometric Glaucoma Specialist applications as all graduates after 2008 qualify for the enhanced Optometric Glaucoma Specialist designation. This will clarify the application process for both applicants and staff. Additionally, by moving all new graduates to a single license type, the public is better protected as all licensees will have the enhanced license and be able to treat conditions to the full extent of their optometric education.

The proposal still would allow anyone who does not qualify for the Optometric Glaucoma Certification (i.e. those who graduated from optometry school prior to 2008 and who have not taken the 30-hour glaucoma course) to be licensed as a therapeutic optometrist in Texas. The agency anticipates the number of applicants who fall into this scenario to be less than 10 per year.

The difference in the cost of renewal between a therapeutic license and an optometric glaucoma specialist license is $19.28 which is collected on behalf of the Prescription Monitoring Program.

Government Growth Impact Statement. For the first five-year period the proposed rules are in effect, the Board estimates that the proposed rules will have no effect on government growth. The proposed rules do not create or eliminate a government program; do not require the creation or elimination of employee positions; do not require the increase or decrease in future legislative appropriations to this agency; do not require an increase or decrease in fees paid to the agency; do not create a new regulation; do not expand an existing regulation; do not increase or decrease the number of individuals subject to the rule's applicability; and do not positively or adversely affect the state's economy.

Small Business, Micro-Business, and Rural Community Impact Statement. Ms. McCoy has determined for the first five-year period the proposed rules are in effect, there will be no adverse effect on small businesses, micro-businesses, or rural communities and the amendments do not positively or adversely impact the state's economy.

Regulatory Flexibility Analysis for Small and Micro-Businesses and Rural Communities. Ms. McCoy has determined that the proposed rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities and do not positively or adversely impact the state's economy. Thus, the Board is not required to prepare a regulatory flexibility analysis pursuant to §2006.002 of the Government Code.

Takings Impact Assessment. Ms. McCoy has determined that there are no private real property interests affected by the proposed rules. Thus, the Board is not required to prepare a takings impact assessment pursuant to §2007.043 of the Government Code.

Local Employment Impact Statement. Ms. McCoy has determined that the proposed rules will have no impact on local employment or a local economy. Thus, the Board is not required to prepare a local employment impact statement pursuant to §2001.024 of the Government Code.

Public Benefit. Ms. McCoy has determined for the first five-year period the proposed rules are in effect there will be a benefit to the general public because by moving all new graduates to a single license type, the public is better protected as all licensees will have the enhanced license and be able to treat conditions to the full extent of their optometric education.

Fiscal Note. Janice McCoy, Executive Director of the Board, has determined that for the first five-year period the proposed rules are in effect, there will be no additional estimated cost, reduction in costs, or loss or increase in revenue to local governments as a result of enforcing or administering the rules. Twenty percent of the approximately 200 applicants each year fail to submit the application for their Optometric Glaucoma Specialist certification even though they meet the qualifications. Those approximately 40 people will see an increase in their renewal fee of $19.28 (paid every two years) resulting in an increase in revenue collected of approximately $800 that will be paid to the Prescription Monitoring Program.

Additionally, Ms. McCoy has determined that enforcing or administering the rules do not have foreseeable implications relating to the costs or revenues of state or local government.

Requirement for Rules Increasing Costs to Regulated Persons. The proposed rule does not impose any new or additional costs to regulated persons, state agencies, special districts, or local governments; therefore, pursuant to §2001.0045 of the Government Code, no repeal or amendment of another rule is required to offset any increased costs. Additionally, no repeal or amendment of another rule is required because the proposed rules are necessary to protect the health, safety, and welfare of the residents of this state and because regulatory costs imposed by the Board on licensees is not expected to increase.

PUBLIC COMMENTS: Comments on the amended rules may be submitted electronically to: janice.mccoy@tob.texas.gov or in writing to Janice McCoy, Executive Director, Texas Optometry Board, 1801 N. Congress, Suite 9.300, Austin, Texas 78701. The deadline for furnishing comments is thirty days after publication in the Texas Register.

The Board also proposes this rule under the authority found in Texas Optometry Act §§351.252, 351.253, 351.358, and 351.3581.

No other sections are affected by the amendments.

§271.2.Applications for Licensure as Therapeutic Optometrist.

(a) The applicant shall make application by providing [~~furnishing~~] to the Executive Director, on forms to be furnished by the Board, satisfactory evidence that the applicant has attended and graduated from a reputable school [~~university~~ ] or college of optometry which meets with the requirements of the Board and such other information as the Board may deem necessary for the enforcement of the Act.

(b) The applicant shall report all felony and misdemeanor criminal convictions as outlined under Texas Occupations Code Chapter 53. Failure of an applicant to report every criminal conviction is deceit, dishonesty and misrepresentation in seeking admission to practice and authorizes the Board to take disciplinary action under §351.501 of the Act. An applicant is not required to report a Class C Misdemeanor traffic violation. The applicant shall furnish any document relating to the criminal conviction as requested by the Board. The applicant shall also provide a complete criminal history by submitting fingerprints to the authority authorized by the Department of Public Safety to take the fingerprints in the form required by that authority.

(c) In such application, the applicant shall state that the applicant will abide by the laws of this state regulating the practice of optometry and that all facts, statements, and answers contained in the application are true and correct. Such application shall be signed (manually or digitally) and dated.

(d) Applicants shall submit a report of out-of-state disciplinary action prepared by an approved national databank.

(e) Any person furnishing false information in such application shall be denied the issuance of a license, or if the applicant has been licensed before it is made known to the Board of the falseness of such information, such license shall be subject to suspension, revocation, or cancellation in accordance with §351.501 of the Act.

(f) Applications must contain a certified optometry school transcript, which shall show the total number of hours of attendance, the subjects studied, the grades or marks given, and the date of graduation of the applicant. The optometry school transcript must show proof of the required education as set forth in §271.1 of this chapter (relating to Definitions). Applicants must also submit a copy of the transcript from any undergraduate school attended which shall show the total number of hours of attendance, the subjects studied, the grades or marks given, and the date of graduation of the applicant.

(g) The Board may require other documentation not specified by this section be submitted with the application. All required documents must be received within one year of application; otherwise, the applicant must reapply and pay the application fee. A person may apply for licensure prior to graduation from a reputable school [~~university~~] or college of optometry.

(h) The application must be accompanied by a fee as set forth in §273.4 of this title (relating to Fees (Not Refundable)) [~~set by the Board~~].

(i) If applicable, the applicant [~~application~~ ] must furnish a certificate of good standing from any jurisdiction where licensed or previously licensed. The certificate must establish that:

(1) the applicant's license has never been suspended or revoked;

(2) there are no pending disciplinary actions against the applicant; and

(3) the applicant is presently authorized to practice therapeutic optometry without restrictions.

(j) If the certificate of good standing does not establish the items in subsection (i) of this section, the applicant will be required to submit additional information for further Board review.

§271.6.National Board Examination.

(a) The Board determines that the written examination by the National Board of Examiners in Optometry (NBEO) known as Part I and Part II complies in all material respects with the examination requirements of §351.256 of the Act. The passing score on each Part of the National Board written examination is determined by the criterion-referenced standard setting approach, in which the passing score is set at the scaled score of 300. The Board will accept scores from an NBEO written examination if Part I or II was satisfactorily completed on or after January 1, 1984.

(b) The Board determines that the practical examination known as Part III by the National Board of Examiners in Optometry (NBEO) complies in all material respects with the practical examination requirements of §351.256 of the Act. The passing scores on Part III shall be determined by the NBEO. The Board will accept scores from an NBEO Part III examination if Part III was satisfactorily completed on or after June of 1994.

(c) The Board determines therapeutic optometrist examination shall be the Treatment and Management of Ocular Disease Examination (TMOD) administered by the National Board of Examiners in Optometry. A passing score from any TMOD test administered after April 1985 will be accepted. A pass/fail grade is sufficient. [~~All applicants must comply with the application process and qualification criteria of §351.254 of the Act, as well as all applicable Board rules.~~]

(d) Each applicant shall submit a true and correct copy of the applicant's score report and such other evidence of having achieved a passing grade on each part of the NBEO examination as outlined in subsections (a) and (b) of this section. No license will be issued to an applicant until evidence of passage of the NBEO examinations are [~~examination is~~] received.

§271.8.Converting Optometric License to Therapeutic Optometric License.

Optometrists licensed in Texas who graduated prior to January 1, 1991, may apply for licensure as a therapeutic optometrist. Proof of the successful completion of the minimum of 90 Board-approved classroom hours in postgraduate courses of general and ocular pharmacology and related pathology and proof of the successful passage of the TMOD must be submitted with the application.

§271.9.Licensure as Optometric Glaucoma Specialist.

(a) For licensure as an Optometric Glaucoma Specialist:

(1) Beginning January 1, 2025, an applicant under §271.2 of this chapter (relating to Applications for Licensure as Therapeutic Optometrist) who graduated after May 1, 2008 shall concurrently apply for licensure as optometric glaucoma specialist on a joint application form promulgated by the Board.

(2) An applicant under §271.2 of this chapter who graduated before May 1, 2008, may apply for a therapeutic license unless the applicant meets the requirements set out under §271.11(b) of this chapter (relating to Required Education for Therapeutic Licensure) in which case they shall apply for licensure as an optometric glaucoma specialist.

(3) A therapeutic optometrist licensed prior to January 1, 2025, may submit an application to convert the license to an optometric glaucoma specialist if the applicant meets the requirements set out under §271.10(b) of this chapter (relating to Optometric Glaucoma Specialist: Required Education and Examination).

(b) Proof of the required successfully completed education, examination, and clinical assessment as set forth in §271.10 of this chapter must accompany the application form.

(c) Proof of a two-hour continuing education course related to prescribing and monitoring controlled substances as required by Section 481.07635 of the Health and Safety Code must accompany the application form.

§271.10.Optometric Glaucoma Specialist: Required Education and Examination.

(a) Applicants who graduated after May 1, 2008, from a school or college of optometry for which the Board has issued a determination, hereby meet the education and examination requirements of §351.3581 of the Texas Optometry Act provided:

(1) the course work (as described in the Board's Resolution dated April 14, 2000) required for certification, including an instructional clinic review component, is part of the school or college of optometry's regular curriculum;

(2) the examination required for graduation from the school or college is the substantive equivalent of an examination as described in the Board's Resolution dated April 14, 2000; and

(3) the applicant received clinical training while in optometry school that satisfies the skills requirements set out in subsection (b)(3) of this section.

(b) Applicants who graduated from optometry school prior to May 1, 2008:

(1) must provide documentation showing successful completion of at least 30 verified instruction or classroom hours covering glaucoma diagnosis and treatment and pharmacology of approved oral and anti-glaucoma drugs (as described in the Board's Resolution dated April 14, 2000);

(2) must have passed, with a grade of 75 or above, the final examination covering the education course set out in subsection (b)(1) of this section; and

(3) must submit a signed and dated certification prepared by a licensed ophthalmologist or Texas licensed optometric glaucoma specialist confirming the demonstration by the applicant in an adequate and appropriate manner, as directly observed by the ophthalmologist or optometric glaucoma specialist, of the following skills: tonometry, gonioscopy, slit lamp examination, optic nerve examination/fundus, and interpretation of visual fields.

§271.11.Required Education for Therapeutic Licensure.

In order to demonstrate compliance in regard to therapeutic optometry, successful completion of at least 90 classroom hours of postgraduate course work and clinical training in general and ocular pharmacology and related pathology conducted by an accredited institution which has facilities for both didactic and clinical instruction, or via other educational programs approved by the Board, is required. Of the required 90 classroom hours, a minimum of 20 hours must be obtained in applied clinical skills. The applicant must provide documentation of successful completion of course work from the institution. Optometrists graduated after January 1, 1991, shall be considered as having met the educational requirements for a therapeutic license.

§271.12.License Designation.

(a) Designation of authority as a therapeutic optometrist will appear along with the optometrist's license number in the format of the license numbers followed by the letter "T." Such designation must appear whenever the license number is required under Board statutes or rules.

(b) Designation of authority as an optometric glaucoma specialist will appear along with the optometrist's license number in the format of the license numbers followed by the letter "T" and "G." Such designation must appear whenever the license number is required under Board statutes or rules.

(c) The license to practice must be displayed in a conspicuous place in the principal office where the optometrist practices such that the patient can view the license.

(d) In the event the original certificate is lost or destroyed, the Board may issue a duplicate certificate; the person entitled thereto must make written application to the Board for a duplicate, under affidavit setting forth that such certificate was lost or destroyed, and the circumstances under which loss or destruction occurred. Should the original subsequently be found, it must be forwarded immediately to the Board and not used by the person to whom issued originally or by any other person. A fee as set forth in §273.4 of this title (relating to Fees (Not Refundable)) must be submitted to the Board along with the affidavit for the duplicate issue.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 30, 2024.

TRD-202402418

Janice McCoy

Executive Director

Texas Optometry Board

Earliest possible date of adoption: July 14, 2024

For further information, please call: (512) 305-8500

CHAPTER 272. ADMINISTRATION

22 TAC §§272.1 - 272.9

The Texas Optometry Board proposes amendments and new rules to 22 TAC Title 14 Chapter 272 Administration, §§272.1 - 272.9.

The rules in the Chapter 272 were reviewed as a result of the Board's general rule review under Texas Government Code §2001.039. Notice of the review was published in the March 1, 2024, issue of the Texas Register (49 TexReg 1288). No comments were received regarding the Board's notice of review. The Board voted to close the rule review at its May 3, 2024, meeting.

The Board has determined that there continues to be a need for the rules in Chapter 272. The Board has also determined that changes to the following rules as currently in effect are necessary to clarify the statute: §272.1 - Open Records; §272.2 - Historically Underutilized Businesses; and §272.3 Contract and Purchasing Procedures.

In addition, the agency is proposing to move two existing rules from other chapters to Chapter 272 to include: §272.4 Public Participation in Meetings (currently in Chapter 273) and §272.5 Definitions (currently in Chapter 271).

Finally, the agency is proposing to add the following new rules: §272.6 Dual Office Holding; §272.7 Agency Staff Training and Education; §272.8 Leave Pools; and §272.9 Petition for Rulemaking.

Overview and Explanation of the Proposed Amendments. The majority of the changes made to Chapter 272 will update the agency's rules to better comply with various statutes that require the agency to have administrative rules on these issues. The proposal amends references to other administrative rules that have been updated since the Board last amended the rule. Finally, the amendment would make non-substantive capitalization changes to ensure consistency across the Board's rules.

The one substantive change is the inclusion of a definition of "synchronous" found in the new §272.5 Definitions which was not part of the original definitions moved from §271.1 - Definitions. The rule defines synchronous as "live, real-time audiovisual interaction between the practitioner and the patient in a separate location."

Public Benefit. Ms. McCoy has determined for the first five-year period the proposed rules are in effect there will be a benefit to the general public because the proposed rules ensure the agency is in compliance with statute.

The Board also proposes this rule under the authority found in §574.003 Gov't Code; §656.048 Gov't Code; §661.002 Gov't Code; §661.022 Gov't Code; §2001.021 Gov't Code; §2155.076 Gov't Code; §2156.005 Gov't Code; §2161.003 Gov't Code; §2260.052 Gov't Code; §2261.202 Gov't Code; and §2261.253 Gov't Code.

No other sections are affected by the amendments.

§272.1.Open Records.

[~~(a)~~] Open records requests. The Executive Director shall be the official custodian of all Board records and the Executive Director or his or her designee shall process and respond to all requests for information in the manner prescribed by Chapter 552, Government Code. [~~The following guidelines apply to requests for records under the Open Records Act, Government Code, Chapter 552.~~

~~[(1) Requests must be in writing and reasonably identify the records requested.]~~

~~[(2) Records access will be by appointment only.]~~

~~[(3) Records access is available only during the regular business hours of the agency.]~~

[(4) Generally, unless confidential information is involved, review may be by physical access or by duplication at the requester's option. Any person, however, whose request would be unduly disruptive to the ongoing business of the office may be denied physical access and will only be provided the option of receiving copies.]

~~[(5) When the safety of any public record is at issue, physical access may be denied, and the records will be provided by duplication as previously described.]~~

~~[(6) Confidential files will not be made available for inspection or for duplication except under certain circumstances, e.g., court order.]~~

~~[(7) All open records request appointments will be referred to the executive director before complying with a request.]~~

~~[(8) The open records coordinator for the agency is the executive director.]~~

[(b) Charges for public records. In accordance with Chapter 428, Acts, 73rd Legislature (1993), the following specifies the charges the Texas Optometry Board will make for copies of public records. These charges are based on the full cost to the agency for providing the copies.]

~~[(1) Definitions. The following words and terms, when used in the section, shall have the following meanings, unless the context clearly indicates otherwise.]~~

[(A) Standard-size copy. A printed impression on one side of a piece of paper that measures up to 8-1/2 by 14 inches. Each side of the paper on which an impression is made is counted as a single copy. A piece of paper printed on both sides is counted as two copies.]

~~[(B) Copy charge. A charge for costs incurred in copying standard-size paper copies reproduced by an office machine copier or a computer printer.]~~

~~[(C) Postage and shipping charge. A charge for costs incurred in sending information to a requester, such as cost of postage, envelope, or long-distance phone call for facsimile transmission.]~~

[(D) Personnel charge. A charge imposed for costs incurred for personnel time expended in processing a request for public information. This charge may include the time any employee spends reading/reviewing the initial request for records, making copies of records, conducting a file search, conducting a computer search, preparing and reviewing the response to the records request (administrative oversight/review), and any other type of personnel time necessary to respond to the request.]

[(E) Overhead charge. A charge for direct and indirect costs incurred in addition to the personnel charge. This charge covers such costs as depreciation of capital assets, rent, maintenance and repair, and utilities.]

~~[(F) Microfiche and microfilm charge. A charge for costs incurred for making a copy of microfiche or microfilm.]~~

~~[(G) Remote document retrieval charge. A charge for costs incurred in obtaining information not in current use in remote storage locations.]~~

[(H) Computer resource charge. A charge for costs incurred in obtaining information on computers based on the amortized cost of acquisition, lease, operation, and maintenance of computer resources. This charge may also include programming time if a request requires a programmer to enter data in order to execute an existing program or create a new program so that requested information may be accessed.]

[(I) Not readily available information. Information that is not readily available includes information that requires personnel to locate and retrieve a specific file, review the file to locate the record, and replace the file after the record has been located. Information that is not readily available also includes information that requires personnel review to determine if the records contain information confidential by law. Information that is not readily available includes, but is not limited to:]

~~[(i) information in optometrist licensing files;]~~

~~[(ii) information in complaint files;]~~

~~[(iii) information in investigation files;]~~

~~[(iv) information in personnel files; and]~~

~~[(v) information in the agency's computerized data base system.]~~

~~[(2) Charges.]~~

~~[(A) For 1 to 50 standard-size copies of readily available information, the charge shall be $.10 per page.]~~

~~[(B) For 51 pages or more of readily available information, or any quantity of not readily available information, the charge shall be the sum of the following:]~~

~~[(i) $.10 per page;]~~

~~[(ii) personnel charge in an amount reflecting the average hourly cost for classified state employees as determined from time to time by the General Services Commission;]~~

~~[(iii) overhead charge in an amount to be determined in accordance with the guidelines of the General Services Commission;]~~

~~[(iv) microfiche and microfilm charge (if applicable) in an amount equal to the actual cost to the agency of the reproduction, or in accordance with General Services Commission Guidelines;]~~

~~[(v) remote document retrieval charge (if applicable) in an amount equal to the actual cost to the agency of the retrieval or in accordance with General Services Commission Guidelines;]~~

~~[(vi) computer resource charge (if applicable) including any programming time, in an amount equal to the cost to the agency, or in accordance with General Services Commission Guidelines; and]~~

~~[(vii) actual cost of miscellaneous supplies (if applicable) in an amount equal to the actual cost to the agency.]~~

[(C) If, in the opinion of the executive director, a request for information may result in substantial cost to the agency, the executive director may require the requester to make a deposit in the anticipated approximate amount of the charges, which may be applied to the costs incurred in responding to the request.]

[(D) If a particular request may involve considerable time and resources to process, the agency may advise the requesting party of what may be involved and provide an estimate of date of completion and the charges that may result.]

[(E) The agency has the discretion to furnish public records without charge or at a reduced charge if the agency determines that a waiver or reduction is in the public interest. The executive director is authorized to determine whether a public interest/benefit exists on a case-by-case basis.]

§272.2.Historically Underutilized Businesses.

The [~~Texas Optometry~~] Board adopts by reference the rules of the Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter D, Division 1 in accordance with §2161.003 of the Government Code [promulgated by the General Services Commission regarding the Historically Underutilized Business Program which are set forth in Chapter 111, Subchapter B, of Title 1, Part 5 of the Texas Administrative Code].

§272.3.Contract and Purchasing Procedures.

(a) In accordance with [~~Tex. Gov't Code~~] §2155.076 of the Government Code, the Board adopts by reference the rules of the Comptroller of Public Accounts regarding purchasing protest procedures set forth in 34 TAC, Part 1, Chapter 20, Subchapter F, Division 3 [~~34 Tex. Admin. Code §20.384~~ ]. All vendor protests under this rule must be submitted to the Board's purchaser, who shall initiate a review of the protest. Any appeal to a determination of a protest by the purchaser shall be to the Executive Director [~~executive director~~], who may elect to submit the appeal to the Board for final determination. The Board shall maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the Board's retention schedule.

(b) In accordance with [~~Tex. Gov't Code~~] §2156.005 of the Government Code, the Board adopts by reference the rules of the Comptroller of Public Accounts regarding bid opening and tabulation set forth in 34 TAC, Part 1, Chapter 20, Subchapter C, Division 2 [~~34 Tex. Admin. Code §20.35~~].

(c) In accordance with [~~Tex. Gov't Code~~] §2260.052 of the Government Code, the Board adopts by reference the rules of the Office of the Attorney General in 1 TAC [~~Tex. Admin. Code~~] Part 3, Chapter 68 (relating to Negotiation and Mediation of Certain Contract Disputes). The rules set forth a process to permit parties to structure a negotiation or mediation in a manner that is most appropriate for a particular dispute regardless of the contract's complexity, subject matter, dollar amount, or method and time of performance.

(d) In accordance with [~~Tex. Gov't Code~~] §2261.202 of the Government Code, the Executive Director [~~executive director~~] shall be responsible for monitoring agency contracts and for monitoring agency compliance with all applicable laws governing agency contracting. The Executive Director [~~executive director~~] may delegate those duties necessary to carry out this responsibility to other agency staff who report directly to the Executive Director [~~executive director~~].

(e) Enhanced Contract and Performance Monitoring.

(1) The Board will complete a risk assessment to identify procurement contracts for goods or services from a private vendor that require enhanced contract or performance monitoring.

(2) For all contracts with a value greater than $25,000, the Executive Director will complete a risk assessment to evaluate whether enhanced contract or performance monitoring may be required. The risk assessment may consider the following factors: total cost of the contract, including contract renewals; risk of loss to the agency under the contract; risk of fraud, waste or abuse; scope of the goods or services provided; availability of agency resources; complexity of the contract; vendor past performance; and whether the vendor is a foreign or domestic person or entity.

(3) Contracts identified for enhanced contract and/or performance monitoring will be reported to the Board at the first regular Board meeting after the contract is executed. The report shall include: the basis for the determination that enhanced contract or performance monitoring is appropriate; any serious issues or risks identified with the contract, if applicable; and the plan for carrying out the enhanced contract or performance monitoring.

(4) For any contract subject to enhanced contract or performance monitoring, the Executive Director shall provide the Board with progress reports, as directed by the Board.

(5) This section does not apply to a memorandum of understanding, interagency contract, interlocal agreement, or contract for which there is not a cost.

§272.4.Public Participation in Meetings.

A scheduled time shall be established on each posted agenda to allow the opportunity for public comment on any issue under the jurisdiction of the Board. The time allowed an individual may be limited at the discretion of the chair.

§272.5.Definitions.

The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Act--The Texas Optometry Act, Chapter 351, Texas Occupations Code.

(2) APA--The Administrative Procedure Act, Chapter 2001, Government Code.

(3) Board--The Texas Optometry Board.

(4) Contested case--A proceeding, including but not restricted to licensing, in which the legal rights, duties, or privileges of a party are to be determined by the board after an opportunity for adjudicative hearing.

(5) Executive Director--Executive Director of the Texas Optometry Board.

(6) PFD--Proposal for decision.

(7) Respondent--A person against whom a formal charge has been made alleging conduct that violates the Act or rules, regulations, or orders of the Board and whose legal rights are to be determined by the board after the opportunity for an adjudicative hearing in a contested case as defined by the APA.

(8) SOAH--State Office of Administrative Hearings.

(9) Synchronous--live, real-time audiovisual interaction between the practitioner and the patient in a separate location.

§272.6.Dual Office Holding.

(a) The Executive Director and appointed members of the Board may not accept an offer to serve in another non-elective office unless they first obtain from the Board, a finding that the member has satisfied Article XVI, §40, of the Texas Constitution.

(b) The Board must make a written record of any finding under subsection (a) of this section. The finding must include any compensation that the member or Executive Director receives from holding the additional office, including salary, bonus, or per diem payment.

§272.7.Agency Staff Training and Education.

(a) In accordance with Government Code, Chapter 656, Subchapter C, agency staff may be permitted or required to attend training or education programs if those programs relate to the employee's duties or prospective duties, materially aid effective administration of the agency's functions, and serve an important public purpose.

(b) The Executive Director shall be eligible to attend training and education programs, and shall determine which other employees will be permitted or required to attend training.

(c) Employees who receive training must utilize the training opportunity to prepare for technological and legal developments facing the agency, or to increase professional capabilities or competence directly related to the work of the agency.

(d) An employee, prior to receiving training for three or more months, during which the employee does not perform the employee's regular duties, must enter into a written agreement with the Board to comply with the requirements of §656.103(a) of the Government Code. Employees who fail or refuse to enter into such an agreement shall not be permitted to attend training lasting three or more months.

(e) The Board may pay the costs and expenses related to approved training in accordance with the State Employee Training Act, the Comptroller's rules and regulations, and the Board's own policies relating to employee reimbursement.

§272.8.Leave Pools.

(a) Sick Leave Pool. The Board's sick leave pool shall be administered by the Executive Director in accordance with Chapter 661 of the Government Code, the rules and regulations of the Employees Retirement System of Texas, and the Texas Human Resources Statutes Inventory manual published by the Texas State Auditor's Office. The Executive Director shall develop and prescribe procedures for the operation of the sick leave pool, and include such procedures in the Board's personnel manual.

(b) Family Leave Pool. The Board's family leave pool shall be administered by the Executive Director in accordance with Chapter 661 of the Government Code and the Texas Human Resources Statutes Inventory manual published by the Texas State Auditor's Office. The Executive Director shall develop and prescribe procedures for the operation of the family leave pool and include such procedures in the Board's personnel manual.

§272.9.Petition for Rulemaking.

(a) Any interested person may petition for rulemaking in accordance with §2001.021 of the Government Code by submitting to the Board a written request for the adoption of a rule or rule change. The written request must contain a return mailing address for the agency's response.

(b) The written request must, at a minimum, set forth or identify the rule the petitioner wants the Board to adopt or change, reasons why the petitioner believes the requested rulemaking is necessary, and include a copy of the proposed rule or any proposed changes with deletions crossed through and additions underlined. Additionally, the written request must affirmatively show that the requestor qualifies as an interested person under this rule. Requests which do not affirmatively show that the requestor qualifies as an interested person under this rule may be denied.

(c) The written request should also address the economic cost to persons required to comply with the rule, the effects of the rule on small or micro-businesses or rural communities, and the impact the rule would have on local employment or economics, if such information can be derived from available sources without undue cost or burden.

(d) A petition for rulemaking which involves any of those matters set forth in §507.153(a) of the Occupations Code will be submitted to the Executive Director for initial review and consideration.

(e) The Board will respond to a written request for adoption of a rule from an interested person in accordance with §2001.021 of the Government Code.

(f) The term "interested person" as used in this rule, shall have the same meaning as that assigned by §2001.021(d) of the Government Code.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 30, 2024.

TRD-202402423

Janice McCoy

Executive Director

Texas Optometry Board

Earliest possible date of adoption: July 14, 2024

For further information, please call: (512) 305-8500

CHAPTER 273. GENERAL RULES

22 TAC §§273.1, 273.4 - 273.10, 273.18

The Texas Optometry Board proposes amendments to 22 TAC Title 14 Chapter 273 General Rules, §§273.1, 273.4 - 273.10 and new §273.18.

The rules in the Chapter 273 were reviewed as a result of the Board's general rule review under Texas Government Code §2001.039. Notice of the review was published in the March 1, 2024, issue of the Texas Register (49 TexReg 1288). No comments were received regarding the Board's notice of review.

The Board has determined that there continues to be a need for the rules in Chapter 273.

The Board determined the following rules should continue as written and will not be amended: §273.2 Use of Name of Retired or Deceased Optometrist; §273.3 Contact Lenses as a Prize or Premium; §273.12 Profile Information; §273.13 Contract or Employment with Community Health Centers; §273.14 License Applications for Military Service Member, Military Veteran, and Military Spouse; §273.15 Retired License for Volunteer Charity Care; §273.16 Licensee Compliance with Board Investigations; and §273.17 Emergency Management.

The Board also determined that changes to the following rules as currently in effect are necessary to further clarify the statute: §273.1 Surrender of License; §273.4 Fee (Not Refundable); §273.5 Clinical Instruction and Practice- Limited License for Clinical Faculty; §273.6 Licenses for a Limited Period; §273.7 Inactive Licenses; §273.8 Renewal of License; §273.9 Public Interest Information; and §273.10 Licensee Compliance with Payment Obligations.

The Board is adding new rule §273.18 as Clinical Instruction for Optometry Students. The text of the new rule was previously a subsection of §273.5 Clinical Instruction and Practice- Limited License for Clinical Faculty.

The Board determined the substance of §273.11 Public Participation in Meetings should be moved to Chapter 272 - Administration. This repeal will be published as separate submission in the Texas Register.

Overview and Explanation of the Proposed Amendments. The majority of the changes made to Chapter 273 provide non-substantive capitalization and grammatical changes to ensure consistency across the Board's rules.

The changes to §273.4 Fees (Not Refundable) removes language that references previous steps to move from an annual to biennial license as the agency has fully transitioned to a biennial license. The proposal increases the application fee from $150 to $205 as a result of changes made to Chapter 271 that require all applicants to concurrently apply as a therapeutic optometrist and an optometric glaucoma specialist. Of the roughly 200 new licensees each year, about 80 percent pay the $205 amount each year but in two application steps. So roughly 20 percent of licensees (about 40 individuals) will see a $55 increase in the application fee paid each year.

The changes to §273.8 Renewal of License clarify that a person needs to be practicing as a therapeutic optometrist in another state in order to renew an expired license.

Government Growth Impact Statement. For the first five-year period the proposed rules are in effect, the Board estimates that the proposed rules will have no effect on government growth. The proposed rules do not create or eliminate a government program; do not require the creation or elimination of employee positions; do not require the increase or decrease in future legislative appropriations to this agency; do not create a new regulation; do not expand an existing regulation; do not increase or decrease the number of individuals subject to the rule's applicability; and do not positively or adversely affect the state's economy. The rules could increase the total application fee paid by roughly 20 percent of the applicant pool each year by a total of $55. This change would result in a total revenue increase to the state of approximately $2,200 each fiscal year.

Fiscal Note. Janice McCoy, Executive Director of the Board, has determined that for the first five-year period the proposed rules are in effect, there will be no additional estimated cost or reduction in cost to the state or local governments as a result of enforcing or administering the rules. The rules could increase the total application fee paid by roughly 20 percent of the applicant pool each year by a total of $55. This change would result in a total revenue increase to the state of approximately $2,200 each fiscal year. Additionally, Ms. McCoy has determined that enforcing or administering the rules do not have foreseeable implications relating to the costs or revenues of state or local government.

Requirement for Rules Increasing Costs to Regulated Persons. The proposed rule could impose additional costs to a small subset of regulated persons. However, the Board proposes the rule to increase the application fee as a result of changes to Chapter 271 related to requiring all applicants to apply concurrently as a therapeutic optometrist and an optometric glaucoma specialist. This change is proposed to ensure all licensees have the most advanced license available. It reduces the burden on about 80 percent of applicants who currently have to apply in two steps with two application fees and protects the health, safety, and welfare of the residents of this state by ensuring all licensees have the same upgraded license which allows the licensee to practice at the highest scope provided by law. Therefore, pursuant to §2001.0045 of the Tex. Gov't Code, no repeal or amendment of another rule is required to offset any increased costs.

Statutory Authority. The Board proposes this rule pursuant to the authority found in §351.151 of the Tex. Occ. Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Tex. Occ. Code.

The Board also proposes this rule under the authority found in Texas Occupations Code §§351.152 Fees and 351.302 License Renewal; and §232.0135 of the Family Code.

No other sections are affected by the amendments.

§273.1.Surrender of License.

Any person formerly licensed to practice optometry in this state, who receives notification from the Board [~~board~~] that the person's license to practice optometry has expired for failure to pay the annual renewal fee, shall within 10 days of receipt of such notification from the Board [~~board~~] either pay the applicable renewal fee or surrender the license by mailing or otherwise delivering such license to the Board [~~board~~] office. Alternatively, rather than physically surrender the license, the person may file with the Board [~~board~~] an affidavit in the form acceptable to the Executive Director [~~executive director~~] to the effect that such person is not practicing and will not practice optometry.

§273.4.Fees (Not Refundable).

(a) [~~Examination~~] Application Fee $205.00 [~~$150.00~~].

(b) License Without Examination Application Fee $305.00.

(d) Optometric Glaucoma Specialist License Application Fee $55.00.

(e) Initial Therapeutic License Fee: [$55.00 plus $5.00 fee required by House Bill 2985, 78th Legislature. Total fee: $60.00. Beginning January 1, 2021, a fee of $265.36 plus $6.00 fee required by House Bill 2985, 78th Legislature. Total fee for biennial renewal:] $271.36.

(f) License Renewal.

(1) Fee for licenses renewed on or before the January 1 expiration date:

(A) Optometrist, Therapeutic Optometrist and inactive Optometric Glaucoma Specialist: $432.72 [~~$220.36 plus $1.00 fee required by House Bill 2985, 78th Legislature. Total fee: $221.36~~].

(B) Active Optometric Glaucoma Specialist: $452.00 [~~$230.00 plus $1.00 fee required by House Bill 2985, 78th Legislature. Total fee: $231.00~~].

~~[(C) Beginning January 1, 2021, the renewal fee for biennial renewal is:]~~

~~[(i) Optometrist, Therapeutic Optometrist and inactive Optometric Glaucoma Specialist: $430.72 plus $2.00 fee required by House Bill 2985, 78th Legislature. Total fee: $432.72.]~~

~~[(ii) Active Optometric Glaucoma Specialist: $450.00 plus $2.00 fee required by House Bill 2985, 78th Legislature. Total fee: $452.00]~~

~~[(iii) Licenses renewed for the one year for 2021: the fee will be prorated for the one-year period.]~~

(2) License fee for late renewal, one to 90 days late.

(A) Optometrist, Therapeutic Optometrist and inactive Optometric Glaucoma Specialist: $643.08 [~~$325.54 plus $1.00 fee required by House Bill 2985, 78th Legislature. Total late license fee: $326.54~~].

(B) Active Optometric Glaucoma Specialist: $672 [~~$340.00 plus $1.00 fee required by House Bill 2985, 78th Legislature. Total fee: $341.00~~].

~~[(C) Beginning January 1, 2021, the renewal fee for biennial renewal, one to 90 days late is:]~~

~~[(i) Optometrist, Therapeutic Optometrist and inactive Optometric Glaucoma Specialist: $641.08 plus $2.00 fee required by House Bill 2985, 78th Legislature. Total fee: $643.08.]~~

~~[(ii) Active Optometric Glaucoma Specialist: $670.00 plus $2.00 fee required by House Bill 2985, 78th Legislature. Total fee: $672.00.]~~

~~[(iii) Licenses renewed for the one year for 2021: the one to 90 days late fee will be prorated for the one-year period.]~~

(3) License fee for late renewal, 91 days to one year late.

(A) Optometrist, Therapeutic Optometrist and inactive Optometric Glaucoma Specialist: $853.44 [~~$430.72 plus $1.00 fee required by House Bill 2985, 78th Legislature. Total late license fee: $431.72~~].

(B) Optometric Glaucoma Specialist: $892.00 [~~$450.00 plus $1.00 fee required by House Bill 2985, 78th Legislature. Total fee: $451.00~~].

~~[(C) Beginning January 1, 2021, the renewal fee for biennial renewal 91 days to one year late is:]~~

~~[(i) Optometrist, Therapeutic Optometrist and inactive Optometric Glaucoma Specialist: $851.44 plus $2.00 fee required by House Bill 2985, 78th Legislature. Total fee: $853.44.]~~

~~[(ii) Active Optometric Glaucoma Specialist: $890.00 plus $2.00 fee required by House Bill 2985, 78th Legislature. Total fee: $892.00.]~~

~~[(iii) Licenses renewed for the one year for 2021: the 91 days to one-year late fee will be prorated for the one-year period.]~~

(4) Late fees (for all renewals with delayed continuing education) $420.72.

(g) Provisional License $75.00.

(h) Initial Limited Faculty License $50.00.

(i) Duplicate License, Renewal Certificate, Therapeutic Certificate or Optometric Glaucoma Specialist Certificate (lost, destroyed, or name change) $25.00.

(j) Retired License.

(1) Optometrist and Therapeutic Optometrist: $222.36 [~~$210.36 plus $1.00 fee required by House Bill 2985, 78th Legislature. Total fee: $211.36~~].

(2) Optometric Glaucoma Specialist: $232.00 [~~$220.00 plus $1.00 fee required by House Bill 2985, 78th Legislature. Total fee: $221.00~~].

~~[(3) Beginning January 1, 2021, the renewal fee for biennial renewal is:]~~

~~[(A) Optometrist, Therapeutic Optometrist and inactive Optometric Glaucoma Specialist: $220.36 plus $2.00 fee required by House Bill 2985, 78th Legislature. Total fee: $222.36.]~~

~~[(B) Active Optometric Glaucoma Specialist: $230.00 plus $2.00 fee required by House Bill 2985, 78th Legislature. Total fee: $232.00.]~~

(k) Retired License to Active License Application Fee. For individuals holding Retired License making application for active license. $30.00.

(l) Request for Criminal History Evaluation Letters $125.00.

(m) Fee for official license verification: $40.00.

(n) Fee for list of optometrists: $65.00.

§273.5.Clinical Instruction and Practice - Limited License for Clinical Faculty.

(a) Issuance of limited license. The criteria for the issuance of a limited faculty license are as follows:

(1) the applicant must be a full-time faculty member of an institution accredited by the Accreditation Council on Optometric Education (ACOE) or a state recognized accrediting entity;

(2) the applicant must be a graduate of an institution accredited by the ACOE;

(3) the applicant's practice must be limited to the premises of the institution and its affiliated clinics;

(4) the practice must be an adjunct to the institution's teaching program; and

(5) the applicant must have paid the fees required by §273.4 of this chapter [~~title~~] (relating to Fees).

(b) Duties and Responsibilities of Dean of Institution. As a condition to continued approval of the institution, the board imposes the following duties and responsibilities upon the dean of the institution relating to those faculty members performing professional optometric services in programs of the institution. The dean shall:

(1) furnish each applicant for a limited faculty license a certificate that such applicant is a bona fide member of the faculty;

(2) report immediately to the board any information received relating in any way to a member of the faculty holding only a limited license who is performing professional optometric services other than as an adjunct to such faculty member's function at the institution. Every reasonable means to prevent such unlawful practice shall be used by the dean;

(3) cooperate fully and completely with the board toward the end that the limited license provided will be used only for the purpose for which it is intended; and

(4) promptly notify the board of any changes in limited license personnel on the faculty.

(c) Application and renewal. Each member of the faculty desiring a limited license shall make written application to the Executive Director [~~executive director of the board~~] and attach to the application the original certificate of the dean herein above provided and shall enclose therewith the payment of a fee as set forth in §273.4 of this chapter [~~of $50~~] for the issuance of the limited license [~~and the fee imposed by Section 351.153 of the Texas Optometry Act~~]. The annual renewal fee for a limited license is equal to the fee charged for a regular license as specified in §273.4 of this chapter [~~title~~ ] (relating to Fees). Holders of limited licenses shall also be required to meet the same continuing education requirements as holders of regular licenses. Said renewal fee shall be due on January 1 and expire after December 31 of each renewal cycle [~~year~~ ]. Failure to pay the renewal fee on or before January 1 shall subject the license to the same requirements of renewal as a regular license, including late penalties.

(d) Validity of limited license. The limited license shall be valid as long as the holder thereof remains a faculty member of the institution and abides by all regulations of the Board [~~board~~].

(e) Limitation of limited license. It shall be a violation of this rule for the holder of a limited license who is not regularly licensed under the statutes to perform optometric services in any manner except as part of the program of the institution and as an adjunct to teaching functions in the institution.

(f) Revocation of limited license. Those persons granted a limited license shall be subject to the same disciplinary procedures as the holder of a regular license. If, after disciplinary proceedings as set out in Board [~~board~~] rules, a holder of a limited license is found to be in violation of the Texas Optometry Act or Board [~~board~~] rules, the Board [~~board~~] may revoke the limited license. In such event, the Executive Director [~~executive director~~] shall promptly notify the limited licensee and the dean of the institution.

~~[(g) A student currently enrolled in an approved college of optometry or school may participate in clinical instruction and practice, provided that:]~~

[(1) The clinical instruction and practice is conducted on the premises of an approved college of optometry or school, or the affiliated clinics and offices, under the instruction and supervision of a licensed optometrist, or physician employed by the college of optometry; or]

[(2) The clinical instruction and practice is conducted as an externship in the office of a licensed optometrist or physician appointed as a clinical instructor by an approved college of optometry or school. The clinical training must be under the instruction and supervision of the appointed clinical instructor.]

~~[(h) No provision of this rule is intended to remove an exemption provided by statute.]~~

§273.6.Licenses for a Limited Period.

(a) Provisional License.

(1) Requirements for Provisional License. On application for examination, a candidate may apply for a provisional license under the following circumstances:

(A) The applicant must be licensed in good standing as a therapeutic optometrist in another state, the District of Columbia, or a territory of the United States that has licensing requirements that are substantially equivalent to the requirements of the Texas Optometry Act, and must furnish proof of such licensure on board forms provided.

(B) The applicant must have passed the National Board of Examiners in Optometry (NBEO) Examination Parts I and II, after January 1, 1984, and Part III after June of 1994, as well as the Treatment and Management of Ocular Disease (TMOD) Examination after January of 1985 and must submit a true and correct copy of the applicant's score report.

(C) The applicant must have satisfied the educational requirement of §271.1 [~~§280.2~~] of this title (relating to Required Education for Therapeutic Optometrist).

(D) The applicant must not have failed an examination for a license conducted by the Board [~~board~~].

(E) The applicant's license to practice optometry must not have been revoked or suspended by any jurisdiction.

(2) Sponsorship. A candidate for provisional licensure must be sponsored by a therapeutic optometrist who is currently licensed by the Board [~~board~~] with the following conditions applicable.

(A) Prior to practice in Texas, on forms provided by the Board [~~board~~], the sponsor licensee will certify to the Board [~~board~~] the following:

(i) that such candidate will be working within the same office as the licensee, under direct supervision of the sponsor licensee; and

(ii) that such sponsor licensee is aware of the Act and rules governing provisional licensure and that the sponsorship will cease upon the invalidity of the provisional license.

(B) Sponsor licensee will be held responsible for the unauthorized practice of optometry should such provisional license expire.

(3) Hardship. An applicant for a provisional license may be excused from the requirements of sponsorship if the Board [~~board~~] determines that compliance constitutes a hardship to the applicant.

(4) Application and fee.

(A) The candidate for provisional licensure will be subject to all application requirements required by Chapter 271 of this title (relating to Licensure [~~Examinations~~]) and subject to the applicable [~~examination~~] fees established under §273.4 of this chapter [~~title~~] (relating to [~~Optometry~~] Fees (Not Refundable)). In addition, the candidate will be subject to a fee for issuance of a provisional license, as established under §273.4 of this chapter [~~title~~].

(B) No provisional license can be issued until all application forms and fees are received [~~in the board office~~] and the application is approved.

(C) A provisional license expires upon the earlier to occur of the passage of 180 days or notice by the Board [~~board~~] of the candidate's successful passage or failure of all examinations required by Chapter 271 of this title. It shall be the responsibility of the candidate and sponsor to return the provisional license to the Board [~~board office~~] upon expiration.

[(D) The candidate's failure to sit for the first scheduled board examination following application for examination invalidates the provisional license unless in the discretion of the board sufficient and reasonable evidence regarding nonappearance exists.]

(D) [~~(E)~~] Each candidate for provisional license shall receive only one nonrenewable license prior to the issuance of a therapeutic optometry license.

(5) If at any time during the provisional licensure period it is determined that the holder of such provisional license has violated the Optometry Act or Board [~~board~~] rules, such provisional license will be subject to termination.

(b) Military Limited Volunteer License.

(1) Pursuant to §351.266 of the Texas Optometry Act, the Board may issue a military limited volunteer license to practice optometry or therapeutic optometry to an applicant who:

(A) is licensed and in good standing, or was licensed and retired in good standing, as an [a] optometrist or therapeutic optometrist in another state;

(B) is or was authorized as an optometrist or therapeutic optometrist to treat personnel enlisted in a branch of the United States armed forces or veterans; and

(2) The Board [~~board~~] may not issue a license under this section to an applicant who:

(A) holds an optometry or therapeutic optometry license that:

(i) is currently under investigation by a state or territory of the United States, or a uniformed service of the United States;

(ii) is or was restricted, cancelled, suspended, revoked, or subject to other discipline or denial of licensure by a state or territory of the United States, or a uniformed service of the United States;

(B) holds a license issued by the Drug Enforcement Agency or a state public safety agency to prescribe, dispense, administer, supply, or sell a controlled substance that:

(i) is currently under investigation by a state or territory of the United States, or a uniformed service of the United States;

(ii) is or was restricted, cancelled, suspended, revoked, or subject to other discipline or denial by a state or territory of the United States, or a uniformed service of the United States; or

(C) is currently under investigation or has been convicted of, or placed on deferred adjudication, community supervision, or deferred disposition for a felony or a misdemeanor involving moral turpitude.

(3) An optometrist or therapeutic optometrist who practices optometry or therapeutic optometry under a license issued under this section may:

(A) only practice at a clinic that primarily treats indigent populations; and

(B) not receive direct or indirect compensation or payment of anything of monetary value in exchange for the optometric services rendered by the optometrist or therapeutic optometrist to the indigent patients at the clinic.

(4) A military limited volunteer license holder is subject to Board [~~board~~] rules, including rules regarding disciplinary action, license registration and renewal.

(5) A military limited volunteer license shall be issued for a period of one year and may be renewed and maintained according to registration requirements as prescribed by Board Rules.

§273.7.Inactive Licenses.

(a) Placing a license on inactive status. A person who is licensed by the Board to practice optometry but who is not engaged in the practice of optometry in this state may place the license on inactive status at the time of license renewal as follows. The licensee shall:

(1) complete and submit before the expiration date a license renewal application provided by the Board;

(2) state on the renewal application that the license is to be placed on inactive status and that the licensee shall not practice optometry in Texas while the license is inactive; and

(3) pay the fee for renewal of license as specified in §273.4 of this chapter [~~title~~] (relating to Fees (Not Refundable)). Penalty fees as provided by Section 351.304 of the Act, will apply to those received after December 31 of the applicable renewal period.

(b) Reactivation of an Inactive License. A holder of a license that is on inactive status may return the license to active status by:

(1) applying for active status on a form prescribed by the Board;

(2) providing proof of completion certificates from approved continuing education programs as specified in Chapter 275 of this title (relating to Continuing Education Requirements) for the number of hours that would otherwise have been required for the renewal of the license. Approved continuing education earned within the two years prior to the licensee applying for the return to active status may be applied toward the continuing education requirement; and

(3) paying the license renewal fee specified in §273.4 of this chapter (relating to Fees (Not Refundable)).

(c) Prohibition against practicing optometry in Texas. A holder of a license that is on inactive status shall not practice optometry in this state. The practice of optometry by a holder of a license that is on inactive status constitutes the practice of optometry without a license.

§273.8.Renewal of License.

(a) Expired license.

(1) If a license is not renewed on or before the expiration date, it becomes expired. All licenses renew on a biennial basis. Initial licenses expire on the second January 1 after the date the license is first issued.

(2) If a person's license has been expired for 90 days or less, the person may renew the license by paying to the Board the amount of one and one-half times the renewal fee.

(3) If a person's license has been expired for longer than 90 days but less than one year, the person may renew the license by paying to the Board the amount of two times the renewal fee.

(4) If a person's license has been expired for one year or longer, the person may not renew the license but may obtain a new license by reapplying and passing the jurisprudence exam and complying with the requirements and procedures for obtaining an initial license. However, the Board may reinstate a license without requiring reapplication and reexamination of the jurisprudence examination an expired license of a person who was previously licensed in Texas, is currently licensed in another state, and has been in practice as a therapeutic optometrist for two years immediately preceding application for reinstatement. The person shall be required to furnish documentation of continuous practice for the two-year period and pay the renewal fee as established by subsection (a)(3) of this section. The person must furnish license verifications from each state in which the person is currently or previously licensed. A license renewal under this section is subject to the same requirements of §351.501 of the Act as a license applicant.

(5) For licenses expired for more than one year, if the person was not licensed as a therapeutic optometrist when the license expired, the person must also complete the requirements for therapeutic license as outlined in Chapter 271 of this title [~~in §§280.1 - 280.3 of this title (relating to Application for Certification Required; Education; Certified Therapeutic Optometrist Examination, respectively)~~] prior to obtaining a new license.

(6) A licensee receiving a felony or misdemeanor criminal conviction as outlined under Occupations Code Chapter 53 shall report the conviction on the next license renewal. This requirement is in addition to the 30 day reporting requirement in §277.5 of this title (relating to Convictions). This paragraph does not require the reporting of a Class C Misdemeanor traffic violation. The failure of a licensee to report a criminal conviction is deceit, dishonesty and misrepresentation in the practice of optometry and authorizes the Board to take disciplinary action under §351.501 of the Act. The licensee shall furnish any document relating to the criminal conviction as requested by the Board.

(7) Only an active licensee who has provided a complete fingerprint criminal history report to the Board is eligible to renew a license.

(b) Mandatory Continuing Education for Renewal of License.

(1) The Board may not issue a renewal license to a licensee who has not complied with the mandatory continuing education requirements unless an exemption provided by §275.1 of this title (relating to General Requirements) is applicable.

(2) If a licensee has not fulfilled the required continuing education requirements prior to the license renewal date, the license shall expire. To renew that expired license, the licensee may obtain and provide the Board with certified records that the licensee has, since the expiration of the license, completed sufficient hours of approved continuing education courses to satisfy any deficiency. Education obtained for renewal of an expired license cannot be applied toward subsequent renewal of license.

(3) The licensee cannot practice optometry until such time as education is obtained and the expired license has been renewed.

(4) The licensee must pay to the Board the license renewal fee with a late penalty fee authorized by §351.304 of the Act, plus a penalty authorized by §351.308 of the Act.

(5) The Executive Director shall determine if all requirements for renewal of license have been fulfilled, and will notify the licensee when the practice of optometry can resume.

(6) To practice optometry with an expired license shall constitute the practice of optometry without a license.

(1) The Board may refuse to renew a license to a person who has:

(A) not paid an administrative penalty owed to the Board at the time of renewal; or

(B) not complied with a term or condition of a disciplinary order or agreement issued by the Board.

(2) The Board may refuse to renew a license, until such time as:

(A) every administrative penalty payable on or before the time of renewal is paid; or

(B) all terms or conditions of a disciplinary order or agreement issued by the Board are satisfied.

§273.9.Public Interest Information.

(a) In order for the public to be informed regarding the functions of the Board [~~board~~] and the Board's [~~board's~~] procedures by which complaints are filed with and resolved by the Board [~~board~~], each licensee is required to display at every location where optometric services are provided information regarding the Board's [~~board's~~] name, address, and telephone number.

(b) The licensee may either display a placard or sign furnished by the Board [~~board~~] or provide to all patients and consumers a consumer pamphlet developed [~~furnished~~] by the Board [~~board~~] containing the name of the Board [~~board~~], mailing address, and telephone number for the purpose of directing complaints to the Board [~~board~~].

(c) The placard or sign shall be conspicuously and prominently displayed in a location where it may be seen by all patients.

(d) The consumer pamphlet, if chosen, shall be prominently displayed and available to patients at all times.

§273.10.Nonrenewal for Failure to Pay Child Support [~~Licensee Compliance with Payment Obligations~~].

[~~Child support payments; Chapter 232 of the Texas Family Code.~~]

(a) [~~(1)~~] In accordance with §232.0135 of the Family Code, an [An] application for license renewal will not be accepted if a child support agency provides the Board [~~board~~] with notice that a licensee has failed to pay child support for six months or more and requests that the Board deny the renewal of an existing license [~~board not accept the application~~].

(b) [~~(2)~~] The application will be considered once the Board [~~board~~] receives notice from the child support agency that the licensee has met one or more of the requirements set out in §232.0135(b) of the Family Code [~~is in compliance with the requirements of Chapter 232 of the Texas Family Code~~].

(c) [~~(3)~~] The Board [~~board~~] may charge the licensee a fee in an amount sufficient to recover the administrative costs incurred by the Board [~~board~~] under this chapter.

§273.18.Clinical Instruction for Optometry Student.

A student currently enrolled in an approved college of optometry or school may participate in clinical instruction and practice, provided that:

(1) The clinical instruction and practice is conducted on the premises of an approved college of optometry or school, or the affiliated clinics and offices, under the instruction and supervision of a licensed optometrist, or physician employed by the college of optometry; or

(2) The clinical instruction and practice is conducted as an externship in the office of a licensed optometrist or physician appointed as a clinical instructor by an approved college of optometry or school. The clinical training must be under the instruction and supervision of the appointed clinical instructor.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 30, 2024.

TRD-202402420

Janice McCoy

Executive Director

Texas Optometry Board

Earliest possible date of adoption: July 14, 2024

For further information, please call: (512) 305-8500

22 TAC §273.11

The Texas Optometry Board proposes the following repeal to 22 TAC Title 14 Chapter 273 General Rules, §273.11.

However, the Board has determined the substance of §273.11 Public Participation in Meetings would be better suited for Chapter 272 and is proposing to repeal the rule in its entirety.

The substance of the language will be proposed for amendment to Chapter 272 in a separate rule submission with the Texas Register.

Public Benefit. Ms. McCoy has determined for the first five-year period the repeal is in effect there is no impact on the public.

Additionally, Ms. McCoy has determined that enforcing or administering the rules do not have foreseeable implications relating to the costs or revenues of state or local government.

No other sections are affected by the amendments.

§273.11.Public Participation in Meetings.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 30, 2024.

TRD-202402419

Janice McCoy

Executive Director

Texas Optometry Board

Earliest possible date of adoption: July 14, 2024

For further information, please call: (512) 305-8500

CHAPTER 280. THERAPEUTIC OPTOMETRY

22 TAC §§280.1, 280.3, 280.8

The Texas Optometry Board proposes the repeal of 22 TAC Chapter 280 Therapeutic Optometry. The Board is repealing the following rules: §280.1 Required Education; §280.3 Certified Therapeutic Optometrist Examination; and §280.8 Optometric Glaucoma Specialist: Required Education, Examination and Clinical Skills Evaluation..

The text of the rules will be added as amendments to Chapter 271 as a separate rule submission with the Texas Register.

Public Benefit. Ms. McCoy has determined for the first five-year period the repeal is in effect there is no impact on the public.

Additionally, Ms. McCoy has determined that enforcing or administering the rules do not have foreseeable implications relating to the costs or revenues of state or local government.

Statutory Authority. The Board proposes this repeal pursuant to the authority found in §351.151 of the Occupations Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Occupations Code.

No other sections are affected by the repeal.

§280.1.Required Education.

§280.3.Certified Therapeutic Optometrist Examination.

§280.8.Optometric Glaucoma Specialist: Required Education, Examination and Clinical Skills Evaluation.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 30, 2024.

TRD-202402421

Janice McCoy

Executive Director

Texas Optometry Board

Earliest possible date of adoption: July 14, 2024

For further information, please call: (512) 305-8500

22 TAC §§280.1, 280.5, 280.9

The Texas Optometry Board proposes amendments to 22 TAC Title 14 Chapter 280 Therapeutic Optometry. The Board is amending the following rules: §280.1 Application for Therapeutic Certification; §280.9 Application for Licensure as Optometric Glaucoma Specialist; and §280.5(f) Prescription and Diagnostic Drugs for Therapeutic Optometry.

The rules in the Chapter 280 were reviewed as part of an effort by the Board's Administration and Licensing Committee to simplify the Board's application process. The Committee recommended that the Board combine the application of the Therapeutic and Optometric Glaucoma Specialist applications as all graduates after 2008 qualify for the enhanced Optometric Glaucoma Specialist designation. The Board recognized that having the application in two steps was a deterrent to about 20 percent of the applicant pool who failed to complete the second application step.

Additionally, the Board was concurrently reviewing Chapter 271 - Examinations under its quadrennial rules review process. The Committee recommended that the Board move all license requirements and applications steps to Chapter 271 for clarity to both staff and potential applicants.

As such the Board proposes to move all education and examination requirements found in Chapter 280 to Chapter 271 - which also is being published in the Texas Register for public comment.

The Board is not making changes to the following rules: §280.6 Procedures Authorized for Therapeutic Optometrists and §280.10 Optometric Glaucoma Specialist: Administration and Prescribing of Oral Medications and Anti-Glaucoma Drugs

The following rules are being amended to remove the licensing requirements: §280.1 Application for Therapeutic Certification and §280.9 Application for Licensure as Optometric Glaucoma Specialist. The language remaining in these sections outlines the current authority provided to each license type.

The Board is making changes to §280.5(f) Prescription and Diagnostic Drugs for Therapeutic Optometry unrelated to the licensing process.

Finally, the following rules are being repealed from Chapter 280 and being readopted in Chapter 271: §280.2 Required Education; §280.3 Certified Therapeutic Optometrist Examination; and §280.8 Optometric Glaucoma Specialist: Required Education, Examination and Clinical Skills Evaluation. The repeal can be found in a separate rule proposal in the Texas Register.

The one substantive change that is not related to the licensing process is the clarification found in §280.5(f) as the Board realized the language adopted in 2023 was not clear in that therapeutic optometrists only have prescriptive authority for over the counter oral medications. The language is proposed to read: "A therapeutic optometrist may administer and prescribe all: (1) ophthalmic devices; (2) over-the-counter medications including oral and other treatments; and (3) appropriate prescription topical pharmaceutical agents used for diagnosing and treating visual defects, abnormal conditions, and diseases of the human eye and adnexa."

The Board also proposes this rule under the authority found in Texas Optometry Act §§351.252, 351.253, 351.358, and 351.3581.

No other sections are affected by the amendments.

§280.1.[~~Application for~~] Therapeutic License [~~Certification~~].

(a) Therapeutic optometrists are licensed [~~To be certified~~] to administer and prescribe ophthalmic devices, over-the-counter medications, and topical ocular pharmaceutical agents, other than antiglaucoma agents, for the purpose of diagnosing and treating visual defects, abnormal conditions and diseases of the human eye and adnexa, and to be able to remove superficial foreign matter and eyelashes from the external eye or adnexa [, a licensed optometrist must submit a completed application on forms provided by the Texas Optometry Board (Board). After September 1, 1992, all applicants for initial licensure in Texas must be licensed as a therapeutic optometrist in order to practice optometry in Texas].

(b) A licensed optometrist who is not certified as a therapeutic optometrist may only use topical ocular pharmaceutical agents for the purpose of ascertaining and measuring the powers of vision of the human eye, examining and diagnosing visual defects, abnormal conditions, and diseases of the human eye and adnexa, and fitting lenses or prisms to correct or remedy any defect or abnormal condition of vision.

[(c) An application for certification must be completed by the applicant, signed, and forwarded to the Board along with an application fee. Proof of the required education as set forth in §280.2 of this title (relating to Required Education) must accompany the application form.]

[(d) Successful examination results of the Treatment and Management of Ocular Disease (TMOD) Examination must be submitted prior to the issuance of the certificate to practice as a therapeutic optometrist.]

[(e) Designation of authority as a certified therapeutic optometrist will appear along with the optometrist's license number in the format of the license numbers followed by the letter "T." Such designation must appear whenever the license number is required under Board statutes or Board rules.]

[(f) In the event the original certification is lost or destroyed, the Board may issue a duplicate certificate; the person entitled thereto must make written application to the Board for a duplicate, under affidavit setting forth that such certificate was lost or destroyed, and the circumstances under which loss or destruction occurred. Should the original subsequently be found, it must be forwarded immediately to the Board and not used by the person to whom issued originally or by any other person. A fee must be submitted to the Board along with the affidavit for the duplicate issue.]

[(g) Successful completion of a Board approved examination testing knowledge of general and ocular pharmacology and related pathology with particular emphasis on the topical application of pharmaceutical agents shall be required, as defined in §280.3 of this title (relating to Certified Therapeutic Optometrist Examination).]

§280.5.Prescription and Diagnostic Drugs for Therapeutic Optometry.

(a) A therapeutic optometrist may administer and prescribe any drug authorized by Section 351.358 of the [~~Texas Optometry~~] Act.

(b) To prohibit substitution of a generically equivalent drug product on a written prescription drug order, a therapeutic optometrist must write across the face of the written prescription, in the therapeutic optometrist's own handwriting, "brand necessary" or "brand medically necessary." If the therapeutic optometrist does not clearly indicate "brand necessary" or "brand medically necessary," the pharmacist may substitute a generically equivalent drug product in compliance with the Texas Pharmacy Act, (Tex. Occ. Code Sections 562.008 and 562.009), and §309.3 of this title (relating to Substitution Requirements).

(1) the date of issuance;

(2) the name and address of the patient for whom the drug is prescribed;

(3) the name, strength, and quantity of the drug, medicine, or device prescribed;

(4) the direction for use of the drug, medicine, or device prescribed;

(5) the name and address of the therapeutic optometrist;

(6) the manually written signature of the prescribing therapeutic optometrist; or an electronic signature provided that the prescription is electronically signed by the practitioner using a system which electronically replicates the practitioner's manual signature on the written prescription, and provided:

(A) that security features of the system require the practitioner to authorize each use; and

(B) the prescription is printed on paper that is designed to prevent unauthorized copying of a completed prescription and to prevent the erasure or modification of information written on the prescription by the prescribing practitioner; and

(7) the license number of the prescribing therapeutic optometrist including the therapeutic designation.

(d) The prescribing therapeutic optometrist issuing verbal or electronic prescription drug orders to a pharmacist shall furnish the same information required for a written prescription, except for the written signature. If the therapeutic optometrist does not clearly indicate "brand necessary" or "brand medically necessary" when communicating the prescription to the pharmacist, the pharmacist may substitute a generically equivalent drug product in compliance with the Texas Pharmacy Act and §309.3 of this title (related to Substitution Requirements).

(e) A therapeutic optometrist may charge a reasonable fee for drugs administered within the optometric office, but a therapeutic optometrist shall not charge for any drugs supplied to the patient as take-home medication. Any drug supplied by a therapeutic optometrist other than an over-the counter drug shall be labeled in compliance with the following information in compliance with the Texas Dangerous Drug Act (Health and Safety Code, Chapter 483), and it shall contain the following:

(1) the name, address, and telephone number of the therapeutic optometrist;

(2) the date of dispensing;

(3) the name of the patient;

(4) the name and strength of the drug; and

(5) the directions for use.

(f) A therapeutic optometrist may administer and prescribe all:

(1) ophthalmic devices;

(2) over-the-counter medications including oral and other treatments; and

(3) appropriate prescription topical [~~or oral~~] pharmaceutical agents used for diagnosing and treating visual defects, abnormal conditions, and diseases of the human eye and adnexa.

(g) The authority of an optometric glaucoma specialist to prescribe antiglaucoma drugs is defined by Section 351.3581 of the [~~Texas Optometry~~] Act.

(h) A therapeutic optometrist may possess and administer cocaine eye drops for diagnostic purpose. The cocaine eye drops must be no greater than 10 percent solution in prepackaged liquid form.

(1) A therapeutic optometrist must observe all requirements of the Texas Controlled Substances Act, the Health and Safety Code, Chapter 481, and all requirements of the Texas Department of Public Safety (DPS) Drug Rules in making application and maintaining renewal of a United States Drug Enforcement Administration (DEA) registration number for possession of the cocaine eye drops, a Schedule II controlled substance.

(2) The therapeutic optometrist must use the required DEA form for the purchase of the cocaine eye drops and shall maintain a complete and accurate record of purchases (to include samples received from pharmaceutical manufacturer representatives) and administration of controlled substances. The maximum amount to be purchased and maintained in an office of practice shall be no more than two vials, one opened and one in inventory.

(3) The recordkeeping listed in this section shall be subject to inspection at all times by the Texas Department of Public Safety, the U.S. Drug Enforcement Administration, and the Texas Optometry Board. Any officer or employee of the governmental agencies shall have the right to inspect and copy records, reports, and other documents and inspect security controls, inventory, and premises where such cocaine eye drops are possessed or administered.

(4) Minimum security controls shall be established to include but not limited to:

(A) establishing adequate security to prevent unauthorized access and diversion of the controlled substance; [,]

(B) during the course of business activities, not allowing any individual access to the storage area for controlled substances except those authorized by the therapeutic optometrist; [,]

(C) storing the controlled substance in a securely locked, substantially constructed cabinet or security cabinet which shall meet the requirements under the DPS Drug Rules; or [,]

(D) not employ in any manner an individual that would have access to controlled substances who has had a federal or state application for controlled substances denied or revoked, or have been convicted of a felony offense under any state or federal law relating to controlled substances or been convicted of any other felony, or have been a licensee of a health regulatory agency whose license has been revoked, canceled, or suspended.

(5) Failure of the therapeutic optometrist to maintain strict security and proper accountability of controlled substances shall be deemed to be a violation of the [~~Texas Optometry~~] Act, §351.501 and §351.551.

§280.9.[~~Application for Licensure as~~] Optometric Glaucoma Specialist.

[~~(a)~~] [~~A licensed therapeutic optometrist must submit a completed application on forms provided by the Texas Optometry Board (Board) to be eligible for licensure as an optometric glaucoma specialist.~~] An optometric glaucoma specialist may:

(1) administer and prescribe appropriate medications by topical or oral means for the purpose of diagnosing and treating visual defects, abnormal conditions and diseases of the human vision system, including the eye and adnexa, as set forth in §280.10 of this chapter (relating to Optometric Glaucoma Specialist: Administration and Prescribing of Oral Medications and Anti-Glaucoma Drugs); and

(2) treat glaucoma, as set forth in §351.3581 of the [~~Texas Optometry~~] Act and §280.10 of this chapter, including the administration and prescribing of appropriate medications by topical, oral, or parenteral means.

[(b) A completed application for license as an optometric glaucoma specialist consists of a signed application form entirely filled out by the applicant and forwarded to the Board along with an application fee. Proof of the required successfully completed education, examination and clinical assessment as set forth in §280.8 of this chapter (relating to Required Education) must accompany the application form. The Board may license the applicant as an optometric glaucoma specialist provided the applicant submits a completed application as defined in this rule, and provided that the applicant is currently licensed and authorized to practice therapeutic optometry in this state.]

~~[(c) The license to practice as an optometric glaucoma specialist must be displayed along with all licenses in a conspicuous place in the principal office where the optometrist practices.]~~

[(d) Designation of authority as an optometric glaucoma specialist will appear along with the optometrist's license number in the format of the license numbers followed by the letter "T" and "G." Such designation must appear whenever the license number is required under Board statutes or Board rules.]

[(e) In the event the original certification is lost or destroyed, the Board may issue a duplicate certificate; the person entitled thereto must make written application to the Board for a duplicate, under affidavit setting forth that such certificate was lost or destroyed, and the circumstances under which loss or destruction occurred. Should the original subsequently be found, it must be forwarded immediately to the Board and not used by the person to whom issued originally or by any other person. A fee must be submitted to the Board along with the affidavit for the duplicate issue.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 30, 2024.

TRD-202402422

Janice McCoy

Executive Director

Texas Optometry Board

Earliest possible date of adoption: July 14, 2024

For further information, please call: (512) 305-8500

PART 15. TEXAS STATE BOARD OF PHARMACY

CHAPTER 281. ADMINISTRATIVE PRACTICE AND PROCEDURES

SUBCHAPTER C. DISCIPLINARY GUIDELINES

22 TAC §281.69

The Texas State Board of Pharmacy proposes amendments to §281.69, concerning Automatic Denial or Revocation. The amendments, if adopted, correct subparagraph lettering and grammatical errors.

Daniel Carroll, Pharm.D., Executive Director/Secretary, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Dr. Carroll has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be clear and grammatically correct regulations. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.

For each year of the first five years the proposed amendments will be in effect, Dr. Carroll has determined the following:

(1) The proposed amendments do not create or eliminate a government program;

(2) Implementation of the proposed amendments does not require the creation of new employee positions or the elimination of existing employee positions;

(3) Implementation of the proposed amendments does not require an increase or decrease in the future legislative appropriations to the agency;

(4) The proposed amendments do not require an increase or decrease in fees paid to the agency;

(5) The proposed amendments do not create a new regulation;

(6) The proposed amendments do not limit or expand an existing regulation;

(7) The proposed amendments do not increase or decrease the number of individuals subject to the rule's applicability; and

(8) The proposed amendments do not positively or adversely affect this state's economy.

Written comments on the amendments may be submitted to Eamon D. Briggs, Deputy General Counsel, Texas State Board of Pharmacy, 1801 Congress Avenue, Suite 13.100, Austin, Texas, 78701-1319, FAX (512) 305-8061. Comments must be received by 5:00 p.m., July 30, 2024.

The amendments are proposed under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.

The statutes affected by these amendments: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.

§281.69.Automatic Denial or Revocation.

(a) Notwithstanding subsection (c) of this section, as required in Texas Occupations Code, §§108.052 and 108.053, the board shall deny an application for licensure as a pharmacist [by] or immediately upon receiving notification as specified in §108.053(b) revoke the pharmacist license of a person who:

(1) is required to register as a sex offender under Chapter 62, Code of Criminal Procedure;

(2) has been previously convicted of or placed on deferred adjudication community supervision for the commission of a felony offense involving the use or threat of force; or

(3) has been previously convicted of or placed on deferred adjudication community supervision for the commission of an offense:

(A) under Penal Code, §§22.011, 22.02, 22.021, or 22.04, or an offense under the laws of another state or federal law that is equivalent to an offense under one of those sections;

(B) committed:

(i) when the applicant held a license as a health care professional in this state or another state; and

(ii) in the course of providing services within the scope of the applicant's license; and

(b) As specified in Texas Occupations Code, §108.054, a person whose license application is denied under this subsection:

(1) based on a conviction or placement on deferred adjudication community supervision for an offense described by subsections (a)(2) or (3) of this section may reapply for a license if the conviction or deferred adjudication is reversed, set aside, or vacated on appeal; or

(2) based on a requirement to register as a sex offender under Chapter 62, Code of Criminal Procedure, may reapply for a license after the expiration of the period for which the person is required to register.

(1) based on a conviction or placement on deferred adjudication community supervision for an offense described by subsections (a)(2) or (3) of this section may apply for reinstatement of the license if the conviction or deferred adjudication is reversed, set aside, or vacated on appeal; or

(2) based on a requirement to register as a sex offender under Chapter 62, Code of Criminal Procedure, may apply for reinstatement of the license after the expiration of the period for which the person is required to register.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 24, 2024.

TRD-202402353

Daniel Carroll, Pharm.D.

Executive Director

Texas State Board of Pharmacy

Earliest possible date of adoption: July 14, 2024

For further information, please call: (512) 305-8084