PART 14. TEXAS OPTOMETRY BOARD
CHAPTER 271. EXAMINATIONS
The Texas Optometry Board adopts the following repeal to 22 TAC Title 14 Chapter 271 Examinations. The Board adopts the repeal of §271.1 Definitions as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4129). The repeal will not be republished.
The substance of the language found in the repealed rule is being adopted as a new section in Chapter 272 in a separate adoption with the Texas Register.
There was one public comment from the Texas Optometric Association supporting the changes proposed by the Board.
The Board adopts the repeal of 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 27, 2024.
TRD-202403981
Janice McCoy
Executive Director
Texas Optometry Board
Effective date: September 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 305-8500
The Texas Optometry Board (Board) adopts amendments and new sections to 22 TAC Title 14 Chapter 271 Licensing. Sections 271.2 and §271.9 are adopted with changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4130). These rules will be republished. Sections 271.6, 271.8, and 271.10 - 271.12 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4130). These rules will not be republished. The Board updates the title of the chapter to Licensing.
The Board adopts amendments to §271.2 and §271.6. The Board adopts the following new rules: §§271.8 - 271.12. The Board updates the title of the chapter to Licensing.
The rules were 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.
There was one public comment from the Texas Optometric Association supporting the changes proposed by the Board.
The Board adopts §271.2 Applications for Licensure as Therapeutic Optometrist with changes to the rule as published simply to correct the rule reference. Change as follows:
Originally Proposed: §271.2(f) "... The optometry school transcript must show proof of the required education as set forth in §271.1 of this chapter (relating to Definitions) ..."
Adopted: §271.2(f) "... The optometry school transcript must show proof of the required education as set forth in §271.11 of this chapter (relating to Required Education for Therapeutic Licensure) ..."
The Board adopts §271.9(a)(2) Licensure as Optometric Glaucoma Specialist with changes to the rule as published simply to correct the rule reference. Change as follows:
Originally proposed: §271.9(a)(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 Applications for Licensure as a Therapeutic Optometrist) in which case they shall apply for licensure as an optometric glaucoma specialist.
Adopted: (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 §271.10(b) of this chapter (relating to Optometric Glaucoma Specialist: Required Education and Examination) in which case they shall apply for licensure as an optometric glaucoma specialist.
The Board adopts these adopted and new rules 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. The Board also adopts these rules under the authority found in Texas Optometry Act §§351.252, 351.253, 351.358, and 351.3581.
§271.2.Applications for Licensure as Therapeutic Optometrist.
(a) The applicant shall make application by providing 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 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 §271.11 of this chapter (related to Required Education for Therapeutic Licensure). 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 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)).
(i) If applicable, the applicant 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.
§271.9.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 a 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 §271.10(b) of this chapter (relating to Optometric Glaucoma Specialist: Required Education and Examination) 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 27, 2024.
TRD-202403982
Janice McCoy
Executive Director
Texas Optometry Board
Effective date: September 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 305-8500
The Texas Optometry Board (Board) adopts amendments and new sections to 22 TAC Title 14 Chapter 272 Administration. Section 272.9 is adopted with changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4133). The text of the rule will be republished. Sections 272.1 - 272.8 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4133). These rules will not be republished.
The Board adopts amendments to §§272.1 - 272.3. The Board adds the following rules: §§272.4 - 272.9.
The majority of the changes made to Chapter 272 update the agency's rules to better comply with various statutes that require the agency to have administrative rules on these issues.
The Board adopts §272.9. Petition for Rulemaking with changes to the rule as published as follows:
Proposed: §272.9(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."
Adopted: §272.9(d) "A petition for rulemaking will be submitted to the Executive Director for initial review and consideration."
There was one public comment from the Texas Optometric Association supporting the changes proposed by the Board.
The Board adopts these amended and new rules 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. The Board also adopts these rules 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.
§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 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 adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 27, 2024.
TRD-202403983
Janice McCoy
Executive Director
Texas Optometry Board
Effective date: September 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 305-8500
22 TAC §§273.1, 273.4 - 273.10, 273.18
The Texas Optometry Board (Board) adopts amendments to 22 TAC Title 14 Chapter 273 General Rules. Section 273.6 is adopted with changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4137). The text of the rule will be republished. Sections 273.1, 273.4, 273.5, 273.7 - 273.10, and 273.18 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4137). The text of the rules will not be republished.
The Board is adopting amendments to §273.1 and §§273.4 - 273.10. The Board is adding the following rule: §273.18
The majority of the changes made to Chapter 273 provide non-substantive capitalization and grammatical changes to ensure consistency across the Board's rules. Additionally, the change to §273.8 Renewal of License clarifies that a person needs to be practicing as a therapeutic optometrist in another state in order to renew an expired license.
The Board adopts an increase in 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.
The Board adopts §273.6 Licenses for a Limited Period with changes to the rule as published as follows:
Originally Proposed: §273.6(a)(1)(C) "... The applicant must have satisfied the educational requirement of §271.1 of this title (relating to Required Education for Therapeutic Optometrist) ..."
Adopted: §273.6(a)(1)(C) "... The applicant must have satisfied the educational requirement of §271.11 of this title (relating to Required Education for Therapeutic Licensure) ..."
There was one public comment from the Texas Optometric Association supporting the changes proposed by the Board.
The Board adopts these amended rules and new 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 adopts 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.
§273.6.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 §271.11 of this title (relating to Required Education for Therapeutic Licensure).
(D) The applicant must not have failed an examination for a license conducted by the 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 with the following conditions applicable.
(A) Prior to practice in Texas, on forms provided by the Board, the sponsor licensee will certify to the 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 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 Licensing) and subject to the applicable fees established under §273.4 of this chapter (relating to 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.
(B) No provisional license can be issued until all application forms and fees are received 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 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 upon expiration.
(D) 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 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 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
(C) meets all other requirements prescribed by Board Rule.
(2) The 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 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 27, 2024.
TRD-202403985
Janice McCoy
Executive Director
Texas Optometry Board
Effective date: September 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 305-8500
The Texas Optometry Board adopts the following repeal to 22 TAC Title 14 Chapter 273 General Rules. The Board adopts the repeal of §273.11 Public Participation in Meetings as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4142). The repeal will not be republished.
The substance of the language found in the repealed rule is being adopted as a new section in Chapter 272 in a separate adoption with the Texas Register.
There was one public comment from the Texas Optometric Association supporting the changes proposed by the Board.
The Board adopts the repeal of 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 27, 2024.
TRD-202403984
Janice McCoy
Executive Director
Texas Optometry Board
Effective date: September 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 305-8500
The Texas Optometry Board (Board) adopts amendments to 22 TAC Title 14 Chapter 280 Therapeutic Optometry without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4144). The rules will not be republished.
The Board is amending §§280.1, 280.5, and 280.9. In a separate adoption, the Board is repealing §§280.2, 280.3, and 280.8.
The rules were 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.
Finally, the Board is adopting clarifications to §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.
There was one public comment from the Texas Optometric Association supporting the changes proposed by the Board.
The Board adopts these amended rules 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. The Board also adopts these rules under the authority found in Texas Optometry Act §§351.252, 351.253, 351.358, and 351.3581.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 27, 2024.
TRD-202403987
Janice McCoy
Executive Director
Texas Optometry Board
Effective date: September 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 305-8500
The Texas Optometry Board adopts the following repeal to 22 TAC Title 14 Chapter 280 - Therapeutic Optometry. The Board adopts the repeal of §280.2 Required Education; §280.3 Certified Therapeutic Optometrist Examination; and §280.8 Optometric Glaucoma Specialist: Required Education, Examination and Clinical Skills Evaluation as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4143) and corrected in the June 21, 2024, issue of the Texas Register (49 TexReg 4630). The repeal will not be republished.
The substance of the language found in the repealed rules is being adopted as new sections of Chapter 271 in a separate adoption with the Texas Register.
There was one public comment from the Texas Optometric Association supporting the changes proposed by the Board.
The Board adopts the repeal of 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 27, 2024.
TRD-202403986
Janice McCoy
Executive Director
Texas Optometry Board
Effective date: September 16, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 305-8500