Part 14. TEXAS OPTOMETRY BOARD
The Texas Optometry Board proposes amendments to §273.10, concerning limitations on license renewal when the agency is notified that a licensee is in arrears on court ordered child support. The amendments impose the procedure authorized by Senate Bill 288, 80th Legislature, and permit the agency to charge a fee to recover administrative costs.
Chris Kloeris, executive director of the Texas Optometry Board, 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, during this same period, any additional administrative costs should be offset by the fee that the amendments allow the agency to impose.
Chris Kloeris also has determined that for each of the first five years the amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be that child support obligations are satisfied.
Economic Impact Statement and Regulatory Flexibility Analysis
The Board licenses approximately 3,600 optometrists and therapeutic optometrists. A significant majority of licensees own or work in one or more of the 1,000 to 3,000 optometric practices which meet the definition of a small business. Some of these practices meet the definition of a micro business. The Board does not license these practices.
The economic costs for persons who are required to comply with the amendments will be a charge for the administrative costs expended by the agency to comply with the requirements of Texas Family Code §232.0135. Only those licensees who are in arrears of child support obligations would be subject to the fee, which is estimated to be no more than $200 for each notice the agency receives. The fee is not imposed on small or micro-businesses, but on professional licensees. The Board will be collecting administrative costs from the actual licensees requiring the additional procedures rather than passing such costs to all licensees of the Board.
Comments on the proposal may be submitted to Chris Kloeris, Executive Director, Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701-3942. The deadline for furnishing comments is thirty days after publication in the Texas Register.
The amendment is proposed under the Texas Optometry Act, Texas Occupations Code, §351.151 and Senate Bill 288, 80th Legislature, Texas Family Code §232.0135. No other sections are affected by the amendments.
The Texas Optometry Board interprets §351.151 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession. Texas Family Code §232.0135 requires the agency to refuse to renew a license when requested to do so by a child support agency and allows the agency to recoup costs.
§273.10.Licensee Compliance with Payment Obligations [ Guaranteed Student Loan Corporation ].
(a) Texas Guaranteed Student Loan Corporation
(1) If, after a hearing or an opportunity for hearing, the board determines that a licensee is in default on a loan guaranteed by the Texas Guaranteed Student Loan Corporation, the license shall not be renewed unless the licensee presents a certificate issued by the corporation certifying that:
(A) [(1)] the licensee has entered
into a repayment agreement on the defaulted loan; or
(B) [(2)] the licensee is not
in default on a loan guaranteed by the corporation.
(2) [(b)] If, after a hearing
or an opportunity for hearing, the board determines that a licensee
has defaulted on a repayment agreement with the Texas Guaranteed Student
Loan Corporation, the license shall not be renewed unless the licensee
presents a certificate issued by the corporation certifying that:
(A) [(1)] the licensee has entered
into another repayment agreement on the defaulted loan; or
(B) [(2)] the licensee is not
in default on a loan guaranteed by the corporation or on a repayment
agreement.
(b) Child support payments; Chapter 232 of the Texas Family Code
(1) An application for license renewal will not be accepted if a child support agency provides the Board with notice that a licensee has failed to pay child support for six months or more and requests that the board not accept the application.
(2) The application will be considered once the board receives notice from the child support agency that the licensee is in compliance with the requirements of Chapter 232 of the Texas Family Code.
(3) The board may charge the licensee a fee in an amount sufficient to recover the administrative costs incurred by the board under this chapter.
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 February 28, 2008.
TRD-200801177
Chris Kloeris
Executive Director
Texas Optometry Board
Earliest possible date of adoption: April 13, 2008
For further information, please call: (512) 305-8502
The Texas Optometry Board proposes amendments to §275.1, concerning required continuing education in professional responsibility. The amendments require licensees to obtain one of the 16 hours of continuing education in a course covering professional responsibility administered by an instate optometry school or college.
Chris Kloeris, executive director of the Texas Optometry Board, has determined that for the first five-year period the amendments are in effect, there will be no fiscal implications for state and local government as a result of enforcing or administering the amendments.
Chris Kloeris also has determined that for each of the first five years the amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be that licensees must exhibit continued competency in state law, prescribing of medications and other subjects related to professional responsibility.
Economic Impact Statement and Regulatory Flexibility Analysis
The Board licenses approximately 3,600 optometrists and therapeutic optometrists. A significant majority of licensees own or work in one or more of the 1,000 to 3,000 optometric practices which meet the definition of a small business. Some of these practices meet the definition of a micro business. The Board does not license these practices.
It is anticipated that there will be no economic costs for persons who are required to comply with the amendments. The amendments do not require licensees to obtain hours in addition to that currently required by statute and rule. To minimize the possibility of any additional costs, the amendments require that course providers present the course on the Internet and in live meetings allowing licensees to obtain the specific hour in the same manner as presently required hours. No disparate effect is foreseen on small or micro-businesses.
Comments on the proposal may be submitted to Chris Kloeris, Executive Director, Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701-3942. The deadline for furnishing comments is thirty days after publication in the Texas Register.
The amendment is proposed under the Texas Optometry Act, Texas Occupations Code, §351.151 and §351.308. No other sections are affected by the amendments.
The Texas Optometry Board interprets §351.151 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession. Section 351.308 sets the requirements for the continuing education each licensee must take annually.
§275.1.General Requirements.
(a) The Act requires each optometrist licensed in this state to take 16 hours of continuing education per calendar year with at least six hours in the diagnosis or treatment of ocular disease. Beginning with the 2010 license renewal, the subject of at least one hour of the required 16 hours shall be professional responsibility. The calendar year is considered to begin January 1 and run through December 31.
(b) The board accepts for continuing education credit all courses sponsored by any board-accredited college or schools of optometry and such other programs or courses of other organizations as are approved by the board upon recommendation from the Continuing Education Committee, appointed by the Board Chair. The Continuing Education Committee will consider, among other things in its discretion, the following criteria in approving courses and classifying the hours as general, diagnosis or treatment of ocular disease, and professional responsibility:
(1) (No change.)
(2) courses sponsored by or given by accredited optometry schools will be granted automatic approval as limited by paragraph (9) of this subsection;
(3) courses meeting evaluation standards and receiving approval of the Association of Regulatory Boards of Optometry will be granted automatic approval as limited by paragraph (9) of this subsection;
(4) - (8) (No change.)
(9) courses in professional responsibility given by a board accredited instate college or school of optometry may be given approval if the course:
(A) is made available as a live course in this state and on the internet, and
(B) includes the study of professional ethics, the Texas Optometry Act and Board Rules, judicious prescribing of dangerous drugs, pain management, or drug abuse by professionals.
(c) - (g) (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 February 28, 2008.
TRD-200801178
Chris Kloeris
Executive Director
Texas Optometry Board
Earliest possible date of adoption: April 13, 2008
For further information, please call: (512) 305-8502
Chapter 523. CONTINUING PROFESSIONAL EDUCATION
Subchapter D. STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS
The Texas State Board of Public Accountancy (Board) proposes an amendment to §523.143 concerning Sponsor's Record.
The amendment to §523.143 will require CPE sponsors to keep a copy of the complete course material as required by §523.140 rather than just an outline for the course.
William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing or administering the amendment will be negligible because the amendment does not impose additional costs to the state.
B. the estimated reduction in costs to the state and to local governments as a result of enforcing or administering the amendment will be negligible because the amendment does not reduce costs to the state.
C. the estimated loss or increase in revenue to the state as a result of enforcing or administering the amendment will be negligible because the amendment does not affect revenue.
Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a more thorough record for CPE sponsors.
The probable economic cost to persons required to comply with the amendment will be negligible because the amendment does not impose additional costs on those required to comply.
Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.
Mr. Treacy has determined that the proposed amendment will not have an adverse economic effect on small businesses because the amendment does not impose additional costs on small businesses.
The Board requests comments on the substance and effect of the proposed amendment from any interested person. Comments must be received at the Board no later than noon on April 2, 2008. Comments should be addressed to J. Randel (Jerry) Hill, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower 3, Suite 900, Austin, Texas 78701 or faxed to his attention at (512) 305-7854.
The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small business; if the amendment is believed to have such an effect, then how may the Board legally and feasibly reduce that effect considering the purpose of the statute under which the amendment is to be adopted; and if the amendment is believed to have such an effect, how the cost of compliance for a small business compares with the cost of compliance for the largest business affected by the amendment under any of the following standards: (a) cost per employee; (b) cost for each hour of labor; or (c) cost for each $100 of sales. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§523.143.Sponsor's Record.
(a) In order to support the reports required of participants, the sponsor of group or self-study programs must retain for an appropriate period:
(1) record of participation;
(2) course materials as required by §523.140
of this title (relating to Program Standards); [outline
of the course (or equivalent);]
(3) date(s);
(4) location;
(5) instructor(s);
(6) number of credit hours; and
(7) evaluation of program as directed in §523.141(b) of this title (relating to Evaluation).
(b) To satisfy the detailed requirements of all jurisdictions, a retention period of three years from the date the program is completed is appropriate. The record of attendance should reflect the credit hours earned by each participant, including those who arrive late or leave early.
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 February 28, 2008.
TRD-200801181
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Earliest possible date of adoption: April 13, 2008
For further information, please call: (512) 305-7848