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Texas Occupations Code - Chapter 352 OpticiansLegal Research Home > Texas Lawyer > Occupations Code > Texas Occupations Code - Chapter 352 Opticians This chapter may be cited as the Opticians' Registry Act. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ... In this chapter: (1) "Board" means the Texas Board of Health. (2) "Contact lens dispensing" means fabricating, ordering, mechanically adjusting, dispensing, selling, and delivering to ... (a) This chapter does not: (1) authorize a dispensing optician to perform an act on the optician's own authority that the optician is not otherwise ... The department shall administer this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ... The department may employ administrative and clerical staff as necessary to carry out this chapter. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. ... (a) The board shall adopt procedural rules to implement the registration procedures under this chapter. (b) The board may adopt substantive and procedural rules relating ... The board by rule shall prescribe fees in reasonable amounts sufficient to cover the costs of administering this chapter, including fees for: (1) an initial ... (a) The board may not adopt rules restricting advertising or competitive bidding by a registrant except to prohibit false, misleading, or deceptive practices. (b) In ... (a) A person may not represent to the public that the person is a "Registered Dispensing Optician" or "Registered Spectacle Dispenser" unless the person is ... (a) The department shall issue a certificate of registration to an applicant who: (1) applies and pays a registration fee; (2) presents evidence satisfactory to ... (a) At least once a year, the department shall administer to applicants for certificates of registration a written qualifying spectacle dispensing examination and a written ... (a) Not later than the 30th day after the date a person takes a qualifying examination under this chapter, the department shall notify the person ... (a) A person issued a certificate of registration shall publicly display the certificate in an appropriate manner specified by board rule. (b) The certificate is ... (a) A certificate of registration is valid for one year after the date of issuance. (b) The department shall adopt a system under which certificates ... (a) To renew a certificate of registration, a person must submit an application for renewal in the manner prescribed by the board. (b) The application ... (a) The board shall recognize, prepare, or administer continuing education programs for its registrants. A person registered under this chapter must participate in the programs ... (a) A person who was registered in this state, moved to another state, and is currently licensed or registered and has been in practice in ... A physician's directions, instructions, or orders may be performed or a physician's prescription may be filled by a registered dispensing optician who is separate from ... (a) A person registered under this chapter may not dispense contact lenses other than from a contact lens prescription that specifies that the prescription is ... A registered contact lens dispenser may take measurements of the eye or cornea and evaluate the physical fit of lenses for a patient of a ... The department shall deny an application for a certificate of registration, suspend or revoke a certificate of registration, or reprimand a person who is registered ... The department shall investigate: (1) a person who engages in a practice that violates this chapter; and (2) each complaint filed with the department against ... The board may place on probation a person whose certificate of registration is suspended. If the suspension is probated, the board may require the person ... (a) A person whose application for a certificate of registration is denied, whose certificate of registration is suspended or revoked, or who is reprimanded is ... (a) The department shall temporarily suspend the certificate of registration of a certificate holder if the department determines from the evidence or information presented to ... The department may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter. Acts 1999, 76th Leg., ... (a) The amount of the administrative penalty may not exceed $1,000 for each violation. Each day of a continuing violation is a separate violation. (b) ... If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall give ... (a) Not later than the 20th day after the date the person receives the notice, the person may: (1) accept the department's determination and proposed ... (a) If the person requests a hearing in a timely manner, the department shall: (1) set a hearing; (2) give written notice of the hearing ... (a) Based on the findings of fact, conclusions of law, and proposal for decision, the commissioner of public health or the commissioner's designee by order ... (a) Not later than the 30th day after the date the order becomes final, the person shall: (1) pay the administrative penalty; (2) pay the ... (a) If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the administrative penalty and order the ... (a) If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1) ... (a) In this section, "reasonable expenses and costs" includes expenses incurred by the department and the attorney general in the investigation, initiation, or prosecution of ... A proceeding for the assessment of an administrative penalty under this subchapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, ... (a) The board, the attorney general, or the district or county attorney for the county in which an alleged violation of this chapter occurs shall, ... In addition to any other remedy provided by law, including injunctive relief, a court may impose a civil penalty for a violation of this chapter ... (a) A person commits an offense if the person violates this chapter. (b) An offense under this section is a Class B misdemeanor. Acts 1999, ... Last modified: August 10, 2007 |