Part III.
Texas Board of Chiropractic Examiners
Chapter 73.
Licenses and Renewals
22 TAC §73.1, §73.2
The Texas Board of Chiropractic Examiners proposes to amend
§73.1 and §73.2 of Chapter 73 relating to recording of a license
and renewal of a license, respectively, in conjunction with its review of
this chapter pursuant to the requirements of the Appropriations Act of 1997,
House Bill 1, Article IX, §167. In accordance with §167, the board
has reviewed this chapter and has determined that it should be readopted,
with changes to these sections. The board finds that the reasons for this
chapter, with the proposed changes, continue to exist.
The proposed amendments conform and clarify these rules as to current renewal
procedures. Other changes are proposed for further clarity, grammar and consistency.
Proposed amendments include a new subsection (d) for §73.2, that explains
the consequences of practicing with an expired license under the Chiropractic
Act and board rules. A similar provision was included in a prior version of
this section and inadvertently left out in later amendments. It is added to
provide notice to licensees of the consequences of practicing with an expired
license.
Joyce Kershner, Director of Licensure, Texas Board of Chiropractic Examiners,
has determined that for the first five-year period the proposed amendments
are in effect, there will be no fiscal implications for state or local government
as a result of enforcing or administering the sections as amended.
Ms. Kershner has also determined that for each year of the first five years,
the proposed amendments are in effect, the public benefit anticipated as a
result of enforcing the rules, as amended, will be that licensees and the
public are provided better notice of the board's current requirements for
license renewal. There will be no added effect on small businesses versus
that on larger businesses. Each licensee is subject to the same requirements,
regardless of the size of their practice. There is no anticipated economic
cost to persons who are required to comply with the amended rules inasmuch
as the primary purpose of the proposal is to revise board rules to remove
unnecessary language and to conform language to current procedures and other
related rules for consistency.
Comments may be submitted, no later than 30 days from the date of this
publication, to Joyce Kershner, Rules Committee, Texas Board of Chiropractic
Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, Texas 78701.
The amendments are proposed under Texas Civil Statutes, Article
4512b, §4(c), §4a, which the board interprets as authorizing it
to adopt rules necessary for the performance of its duties, the regulation
of the practice of chiropractic, and the enforcement of the Act, and §§8,
8a, which the board interprets as establishing a licensee and the board's
duties relating to license renewal.
The following are the statutes, articles, or codes affected by the proposed
amendments:
Chapter 73 - Texas Civil Statutes, Article 4512b, §§4(c), 4a,
8, 8a.
§73.1. Notification and Change of Business Address [
(a)
Licensees
shall maintain a current business address
with the board. A different mailing address may be provided in addition to
the business address. Licensees shall
[
(b)
The notification shall
[
§73.2. Renewal of License.
(a)
Annual renewal.
[
[
Each year, on or before the first day
of a licensee's birth month, a licensee shall renew his or her license or
apply for inactive status in accordance with §73.4 of this title (relating
to Inactive Status).
[
[
[
(b)-(c)
(No change.)
(d)
Practicing with an expired
license. Practicing chiropractic with an expired license constitutes practicing
chiropractic without a license. A licensee whose license expires shall not
practice chiropractic until the license is renewed or a new license is obtained
as provided by subsection (c) of this section.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
July 19, 1999.
TRD-9904332
Gary K. Cain, Ed. D.
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: August 29, 1999
For further information, please call: (512) 305-6709
Chapter 271.
Examinations
22 TAC §271.2
The Texas Optometry Board proposes the adoption of amendments
to §271.2 regarding applications for examination. The amendments, if
adopted, will allow an applicant for licensure to provide documentation regarding
the granting of a doctor of optometry degree, allowing the applicant to sit
for the jurisprudence examination prior to graduation based on the documentation
received, and will establish a time element for submission of applications.
This amendment is required in order to comply with House Bill 2394, 76th Legislature.
Lois Ewald, Executive Director of the Texas Optometry Board, has determined
that for the first five-year period the amended rule is in effect, there will
be no fiscal implications for state and local governments as a result of enforcing
or administering the rule.
Lois Ewald also has determined that for each of the first five years the
amended rule is in effect, the public benefit anticipated as a result of enforcing
the amended rule is the assurance that candidates for licensure have met all
statutory requirements to obtain and hold a valid license to practice and
because the amendment to the rule does not require any additional duties for
optometrists, there are no anticipated economic costs to persons required
to comply with the rule as proposed. The amendment to the rule imposes no
duties on small businesses, and thus there will be no economic effect on small
businesses.
Comments on the proposal may be submitted to Lois Ewald, Executive Director,
Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas, 78701-3942.
The deadline for furnishing comments is September 1, 1999.
The amendment is proposed under the Texas Optometry Act, Texas
Civil Statutes, Articles 4552-2.14, 4552-3.02, and 4552-3.03.
The Texas Optometry Board interprets §2.14 as authorizing the adoption
of procedural and substantive rules for the regulation of the optometric profession.
The Board interprets §3.02 as authorizing the procedures for application
to take the examination and interprets §3.03 as authorizing procedures
for submitting the examination fee.
Texas Civil Statutes, Articles 4552-3.02 and 4552-3.03, are affected by
this proposed action.
§271.2.Applications.
(a)
The applicant shall make application furnishing to the
executive director, on forms to be furnished by the board, satisfactory sworn
evidence that the applicant has attained the age of 21 years, is of good moral
character, and has a preliminary education equivalent to permit matriculation
in the University of Texas, and that the applicant has attended and graduated
from a reputable university or college of optometry which meets with the requirements
of the board
, or in the alternative, submit a written statement from
the dean of a reputable college of optometry that the applicant is enrolled
in good standing in the college and is in the final semester before graduation,
and such other information as the board may deem necessary for the
enforcement of the Act.
(b)-(f)
(No change.)
(g)
The completed application and examination fee must be filed
with the executive director not later than
45
[
(h)-(i)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
July 12, 1999.
TRD-9904211
Lois Ewald
Executive Director
Texas Optometry Board
Earliest possible date of adoption: August 29, 1999
For further information, please call: (512) 305-8502
22 TAC §271.5
The Texas Optometry Board proposes the adoption of new §271.5
regarding licensure without examination. The rule, if adopted, will allow
an individual licensed in another state to obtain a license to practice therapeutic
optometry in Texas based on the equivalency of another state's licensing examination.
The new rule establishes procedures to implement the amendments of House Bill
2394, 76th legislature.
Lois Ewald, Executive Director of the Texas Optometry Board, has determined
that for the first five-year period the rule is in effect, there will be no
fiscal implications for state and local governments as a result of enforcing
or administering the rule.
Lois Ewald also has determined that for each of the first five years the
amended rule is in effect, the public benefit anticipated as a result of enforcing
the rule is the assurance that candidates for licensure have met all statutory
requirements to obtain and hold a valid license to practice and because the
amendment to the rule does not require any additional duties for optometrists,
there are no anticipated economic costs to persons required to comply with
the rule as proposed. The rule imposes no duties on small businesses, and
thus there will be no economic effect on small businesses.
Comments on the proposal may be submitted to Lois Ewald, Executive Director,
Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas, 78701-3942.
The deadline for furnishing comments is September 1, 1999.
The rule is proposed under the Texas Optometry Act, Texas Civil
Statutes, Articles 4552-2.14, 4552-3.02, 4552-3.03, and 4552-3.085, recently
added by House Bill 2394, 76th Legislature.
The Texas Optometry Board interprets §2.14 as authorizing the adoption
of procedural and substantive rules for the regulation of the optometric profession.
The Board interprets §3.02 as authorizing the procedures for application
to take the examination, §3.03 as authorizing procedures for submitting
the examination fee and §3.085 as authorizing licensure without examination.
Texas Civil Statutes, Articles 4552-3.02,4552-3.03, and 4552-3.085 are
affected by this proposed action.
§271.5.Licensure without Examination.
(a)
Upon payment of a fee in an amount set by the Board, the
board may license applicants without examination who:
(1)
have no pending disciplinary actions in the state, district,
or territory in which the applicant is licensed;
(2)
have never had their license suspended or revoked;
(3)
meet all requirements of the Act;
(4)
are currently licensed as a therapeutic optometrist
in good standing in another state, the District of Columbia, or territory
of the United States;
(5)
have passed an examination that is equivalent or superior
to the examination required by §351.253 and §351.256 of the Act;
and
(6)
have, for at least five of the seven years preceding
the application date, been :
(A)
actively engaged in the practice of therapeutic optometry;
or
(B)
engaged in full-time teaching at an accredited college
of optometry or medicine.
(b)
The applicant must furnish a certificate of good standing
from the jurisdictions where 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.
(c)
An examination is deemed equivalent or superior to the
examination required by §351.253 and §351.256 of the Act if at the
time the applicant took the examination, the examination met the requirements
of §351.253 and §351.256 of the Act.
(d)
The applicant shall take and pass the jurisprudence examination
administered by the board.
(e)
The applicant must have complied with §271.2 of this
title (relating to Applications).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
July 12, 1999.
TRD-9904210
Lois Ewald
Executive Director
Texas Optometry Board
Earliest possible date of adoption: August 29, 1999
For further information, please call: (512) 305-8502
22 TAC §273.4
The Texas Optometry Board proposes amendments to §273.4
concerning Fees. The amendments raise the license renewal and corresponding
late fees by $10 in order to provide funding for the appropriations made by
the 76th Legislature as well as implement House Bill 2394 regarding licensure
without examination.
Lois Ewald, Executive Director, has determined that for the first five-
year period the amendments are in effect there will be no fiscal implications
for local government as a result of enforcing or administering the amendments.
For state government, there will be increased revenue of $60,350.00 for the
biennium that the amended license fee amounts are in effect. It would be difficult
to determine revenue from fees generated by applicants seeking licensure without
examination.
Lois Ewald also has determined that for the first five years the amendments
are in effect, the public benefit anticipated as a result of enforcing the
amendments will be the funding of those programs the 76th Legislature found
appropriate to fund.
The economic costs for persons who are required to comply with the amendments,
including small businesses, will be an additional license fee of $10 for each
license holder and a fee of $300 for those applicants seeking licensure in
Texas without an examination. No disparate effect is foreseen on small businesses
as the fee is imposed on individual professionals regardless of the size of
any business. Comments are solicited if a cost of compliance can be established.
Written comments on the proposal may be submitted in writing to Lois Ewald,
Texas Optometry Board, 333 Guadalupe, Suite 2-420, Austin, Texas, 78701-3942,
telephone: (512) 305-8500, and must be received by September 1, 1999.
The amendments are proposed under the authority of the Texas
Optometry Act, Texas Civil Statutes, article 4552, §2.14 which grants
the Board the authority to establish by rule reasonable and necessary fees
to cover the costs of administering the act.
The amendments affect the Texas Optometry Act, article 4552, §2.15
which places limits on the Board's authority to set fees.
§273.4.Fees (Not Refundable).
(a)-(f)
(No change.)
(g)
License Renewal--
$150
[
(h)-(i)
(No change.)
(j)
Late fees (for all renewals with delayed continuing education)--
$150
[
(k)-(l)
(No change.)
(m)
License Without Examination Fee--$300
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
July 12, 1999.
TRD-9904209
Lois Ewald
Executive Director
Texas Optometry Board
Earliest possible date of adoption: August 29, 1999
For further information, please call: (512) 305-8502
22 TAC §279.11
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Optometry Board or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Optometry Board proposes the repeal of
§279.11 regarding the practice of optometry in nursing homes and other
abodes of patient confinement. The repeal, if adopted, will remove rule language
which is not applicable since the Board has incorporated the same language
within proposed rule amendment §279.13, finally adopted on July 9, 1999.
Lois Ewald, executive director of the Texas Optometry Board, has determined
that for the first five-year period the repeal of the rule is in effect, there
will be no fiscal implications for state and local governments as a result
of enforcing or administering the rule. The repeal imposes no duties on small
businesses, and thus there will be no economic effect on small businesses.
Lois Ewald also has determined that for each of the first five years the
repeal is in effect, the public benefit anticipated as a result of repealing
the rule is that licensees and the general public will be able to consult
only one rule to determine the duties imposed when optometric services are
provided under Article 4552 §5.04, and because the repeal of the rule
does not require any additional duties for optometrists, there are no anticipated
economic costs to persons required to comply with the rule as proposed.
Comments on the proposal may be submitted to Lois Ewald, Executive Director,
Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701-3942.
The deadline for furnishing comments is September 1, 1999.
The repeal is proposed under the Texas Optometry Act, Texas Civil
Statutes, Article 4552-2.14 and 4552-5.04.
The Texas Optometry Board interprets §2.14 as authorizing the adoption
of procedural and substantive rules for the regulation of the optometric profession.
The Board interprets §5.04 as authorizing the practice of optometry in
nursing homes.
Texas Civil Statutes, Article 4552-5.04 is affected by this proposed action.
§279.11.Board Interpretation Number Eleven.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904208
Lois Ewald
Executive Director
Texas Optometry Board
Earliest possible date of adoption: August 29, 1999
For further information, please call: (512) 305-8502
22 TAC §279.17
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Optometry Board or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Optometry Board proposes the repeal of
§279.17 regarding the definition of surgery. The repeal, if adopted,
will remove language which has been superceded by Article 4552-1.02, as amended
by the 76th Legislature in H.B. 1051.
Lois Ewald, executive director of the Texas Optometry Board, has determined
that for the first five-year period the repeal of the rule is in effect, there
will be no fiscal implications for state and local governments as a result
of enforcing or administering the rule. The repeal imposes no duties on small
businesses, and thus, there will be no economic effect on small businesses.
Lois Ewald also has determined that for each of the first five years the
repeal is in effect, the public benefit anticipated as a result of repealing
the rule is that licensees and the general public will be fully informed regarding
the definition of surgery by consulting the statute, Article 4552-1.02, which
fully defines surgery as it applies to optometrists. Because the repeal of
the rule does not require any additional duties for optometrists, there are
no anticipated economic costs to persons required to comply with the rule
as proposed.
Comments on the proposal may be submitted to Lois Ewald, Executive Director,
Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701-3942.
The deadline for furnishing comments is September 1, 1999.
The repeal is proposed under the Texas Optometry Act, Texas Civil
Statutes, Article 4552-2.14 and 4552-1.02.
The Texas Optometry Board interprets §2.14 as authorizing the adoption
of procedural and substantive rules for the regulation of the optometric profession.
The Board interprets §1.02 as authorizing the practice of optometry which
does not permit the use of surgery as defined by that section.
Texas Civil Statutes, Article 4552-1.02 is affected by this proposed action.
§279.17.Interpretation Number Seventeen.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904207
Lois Ewald
Executive Director
Texas Optometry Board
Earliest possible date of adoption: August 29, 1999
For further information, please call: (512) 305-8502
22 TAC §280.4
(Editor's note: The text of the following section
proposed for repeal will not be published. The section may be examined in
the offices of the Texas Optometry Board or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Optometry Board proposes the repeal of §280.4,
regarding the use of topical steroids by a therapeutic optometrist. The repeal,
if adopted, will remove language which has been superceded by Article 4552-1.03,
as amended by the 76th Legislature in House Bill 1051.
Lois Ewald, executive director of the Texas Optometry Board, has determined
that for the first five-year period the repeal of the rule is in effect, there
will be no fiscal implications for state and local governments as a result
of enforcing or administering the rule. The repeal imposes no duties on small
businesses, and thus, there will be no economic effect on small businesses.
Ms. Ewald also has determined that for each of the first five years the
repeal is in effect, the public benefit anticipated as a result of repealing
the rule is that licensees will be fully informed regarding proper medications
prescribed, removing the restriction formerly in the statutes and rules. Because
the repeal of the rule does not require any additional duties for optometrists,
there are no anticipated economic costs to persons required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Lois Ewald, Executive Director,
Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701-3942.
The deadline for furnishing comments is September 1, 1999.
The repeal is proposed under the Texas Optometry Act, Texas Civil
Statutes, Article 4552-2.14 and 4552-1.03.
The Texas Optometry Board interprets §2.14 as authorizing the adoption
of procedural and substantive rules for the regulation of the optometric profession.
The Board interprets §1.03 as authorizing the practice of therapeutic
optometry.
Texas Civil Statutes, Article 4552-1.03 is affected by this proposed action.
§280.4.Utilization of Pharmaceutical Agents.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
July 12, 1999.
TRD-9904206
Lois Ewald
Executive Director
Texas Optometry Board
Earliest possible date of adoption: August 29, 1999
For further information, please call: (512) 305-8502
22 TAC §280.5
The Texas Optometry Board proposes the amendment to §280.5
to implement House Bill 1051, 76th Legislature, which redefined the classes
of medications that therapeutic optometrists may administer and prescribe.
The amendments remove restrictions that were deleted by House Bill 1051.
Lois Ewald, executive director of the Texas Optometry Board, has determined
that for the first five-year period the amended rule is in effect, there will
be no fiscal implications for state and local governments as a result of enforcing
or administering the rule. The rule imposes no duties on small businesses,
thus, there will be no economic effect on small businesses.
Ms. Ewald also has determined that for each of the first five years the
amended rule is in effect, the public benefit anticipated as a result of enforcing
the rule is that qualified therapeutic optometrists will be able to administer
and prescribe additional appropriate medications. It has also been determined
that there will be no cost to those affected by the rule over the first five
years as a result of enforcing or administering the rule.
Comments on the proposal may be submitted to Lois Ewald, Executive Director,
Texas Optometry Board, 333 Guadalupe Street, Suite 2- 420, Austin, Texas 78701-3942.
The deadline for furnishing comments is September 1, 1999.
The amendment is proposed under the Texas Optometry Act, Texas
Civil Statutes, Article 4552, §2.14 and §1.03.
The Texas Optometry Board interprets §2.14 as authorizing the adoption
of procedural and substantive rules for the regulation of the optometric profession.
The Board interprets § 1.03 as authorizing the interpretation of the
therapeutic optometry requirements.
Texas Civil Statutes, Article 4552-1.03 is affected by this rule.
§280.5.Prescription and Diagnostic Drugs for Therapeutic Optometry.
(a)
A certified therapeutic optometrist may
administer
and
prescribe a drug authorized by the Texas Optometry Act, §1.02
and §1.03.
(b)-(f)
(No change.)
(g)
A therapeutic optometrist may
administer and
prescribe
all:
(1)
ophthalmic devices;
(2)
over-the-counter oral medications; and
(3)
appropriate
topical pharmaceutical agents
used for
diagnosing and
treating visual defects, abnormal conditions,
and diseases of the human eye and adnexa, which are included in the following
classifications or are combinations of agents in the classifications. No drug
falling within one of the following categories may be used for the treatment
of glaucoma in a manner that was not permitted by law on August 31, 1991 [
(A)
anti-allergy:
(i)
antihistamine;
(ii)
membrane stabilizer;
(B)
anti-fungal:
(i)
imidazoles;
(ii)
polyenes;
(C)
anti-infective:
(i)
aminoglycoside;
(ii)
anti-cell membrane;
(iii)
anti-cell wall synthesis;
(iv)
anti-DNA synthesis;
(v)
anti-protein synthesis (excluding chloramphenicol);
(vi)
anti-ACHase;
(vii)
cephalosporin;
(viii)
agents affecting intermediary metabolism;
(D)
anti-inflammatory:
(i)
nonsteroidal anti-inflammatory drug (NSAID);
(ii)
steroid;
(E)
antiseptic;
(F)
chelating agent;
(G)
chemical cautery;
(H)
cycloplegic: parasympatholytic;
(I)
hyperosmotic;
(J)
miotic:
(i)
anti-ACHase;
(ii)
parasympathomimetic;
(K)
mucolytic;
(L)
mydriatic: sympathomimetic (Alpha 1 agonists only);
(M)
vasoconstrictor: sympathomimetic (Alpha 1 agonists only).
(h)
(No change.)
(i)
This formulary specifically lists the types of drugs which
may be prescribed by a therapeutic optometrist. Subject to the antiglaucoma
[
(j)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
July 12, 1999.
TRD-9904205
Lois Ewald
Executive Director
Texas Optometry Board
Earliest possible date of adoption: August 29, 1999
For further information, please call: (512) 305-8502
22 TAC §280.7
The Texas Optometry Board proposes new §280.7 to implement
House Bill 1051, 76th Legislature, which establishes a six-member committee
to be known as the Optometric Health Care Advisory Committee. This rule will
define the committee's responsibilities.
Since committee members will not be reimbursed for expenses, Lois Ewald,
executive director of the Texas Optometry Board, has determined that for the
first five-year period the amended rule is in effect, there will be no fiscal
implications for state and local governments as a result of enforcing or administering
the rule. The rule imposes no duties on small businesses, thus, there will
be no economic effect on small businesses.
Ms. Ewald also has determined that for each of the first five years the
amended rule is in effect, the public benefit anticipated as a result of enforcing
the rule is that the committee will have procedures that will permit it to
implement educational and testing requirements for therapeutic optometrists
to become glaucoma specialists. It has also been determined that there will
be no cost to those affected by the rule over the first five years as a result
of enforcing or administering the rule.
Comments on the proposal may be submitted to Lois Ewald, Executive Director,
Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701-3942.
The deadline for furnishing comments is September 1, 1999.
The amendment is proposed under the Texas Optometry Act, Texas
Civil Statutes, Article 4552, §2.14 and §1.03A.
The Texas Optometry Board interprets § 2.14 as authorizing the adoption
of procedural and substantive rules for the regulation of the optometric profession.
The Board interprets § 1.03A as authorizing the interpretation of the
therapeutic optometry requirements, including the establishment of the Optometric
Health Care Advisory Committee.
Texas Civil Statutes, Article 4552-1.03A is affected by this rule.
§280.7.Optometric Health Care Advisory Committee.
(a)
The Optometric Health Care Advisory Committee's purpose
is to assist with the implementation of House Bill 1051, 76th Legislature,
Regular Session, regarding the scope of therapeutic optometry.
(b)
The committee consists of six members.
(c)
In accordance with Section 1.03A the advisory committee
is composed of the following:
(1)
two members who are therapeutic optometrists, appointed
by the Texas Optometry Board;
(2)
two members who are board certified ophthalmologists,
appointed by the Texas State Board of Medical Examiners; and
(3)
two members who are pharmacologists, appointed by
the Texas State Board of Pharmacy. A person is not eligible for appointment
as a pharmacologist member if the person is licensed as a therapeutic optometrist
or ophthalmologist or is related within the second degree by affinity or
consanguinity to a person who is licensed as a therapeutic optometrist or
ophthalmologist.
(d)
Members of the committee serve staggered two-year terms
with the terms of half of the members expiring September 1 of each year.
(e)
Members of the committee may not be reimbursed for any
expenses incurred nor be entitled to per diem or any other allowance.
(f)
The committee will be consulted and meet as the need arises.
Meetings of the committee are subject to the Open Meetings Act, Chapter 551
of the Government Code. The committee shall elect its president annually.
(g)
The committee shall make recommendations that:
(1)
establish educational and clinical training requirements
for certification as an optometric glaucoma specialist;
(2)
establish the parameters of care for treatment of
ocular diseases and conditions by optometric glaucoma specialists as health
care technology advances;
(3)
identify additional classes of pharmaceuticals under
§1.03(f) of the Act that are effective treatments for ocular diseases
and conditions and that may be effectively used by certified optometric glaucoma
specialists; and
(4)
consider patient safety, patient costs, the effect
on a patient's access to health care, patient convenience, and any added
efficiencies to the health care delivery system the decision may involve
when making a recommendation.
(h)
The committee's recommendations shall be reported in writing
at the next meeting of the affected boards.
(i)
Recommendations of the committee become law when the Texas
Optometry Board and the Texas State Board of Medical Examiners promulgate
rules adopting the recommendations.
(j)
The Optometric Health Care Advisory Committee is abolished
on September 1, 2005, unless continued in existence by an act of the legislature.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
July 12, 1999.
TRD-9904204
Lois Ewald
Executive Director
Texas Optometry Board
Earliest possible date of adoption: August 29, 1999
For further information, please call: (512) 305-8502
Chapter 365.
Licensing
Recording of License ].
must
] notify the board
, in writing,
of any change in
business
[
street
]
or
mailing address
[
post office address
] within 30 days
of the change
[
in writing
].
Notification must
] be signed by the licensee and must include
the
license
number.
Unexpired License.
]
(1)
]
The license renewal fee shall be paid on
or before the date published on the license renewal form provided by the board.
]
In order to renew a license, a licensee must submit to the board
the license renewal form provided by the board, the renewal fee for an active
license as provided in §75.7 of this title (relating to Fees), any late
fees, if applicable as provided in subsection (c) of this section, and verification
of continuing education attendance as required by §73.3 of this title
(relating to Continuing Education). An annual renewal certificate shall not
be issued until all information and fees required by this section are provided
to the board. The license
(2)
]
License
] renewal fee shall
be paid by cashier's check or money order made payable to the Texas Board
of Chiropractic Examiners.
Part XIV.
Texas Optometry Board
30
] days
prior to the date of the examination. In the event an applicant intends to
retake the examination, the fee therefor and the notice of this intention
to retake said examination must [
also
] be in the executive director's
office 30 days prior to the date of the examination.
Chapter 273.
General Rules
$140
]
$140
]
Chapter 279.
Interpretations
Chapter 280.
Therapeutic Optometry
Antiviral drugs falling within the anti-infective classification are not included
in the formulary
]:
and antiviral
] limitations described in subsections (g) and (h)
of this section, a therapeutic optometrist may possess and administer any
topical ocular pharmaceutical agent which has a legitimate diagnostic or therapeutic
use.
Part XVII.
Texas State Board of Plumbing Examiners