SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 351.001 - Short Title
This chapter may be cited as the Texas Optometry Act. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 351.002 - Definitions
In this chapter: (1) "Adnexa" means the lids and drainage system of the eye. (2) "Board" means the Texas Optometry Board. (3) "Dispensing optician" or...
- Texas Section 351.003 - Reference In Other Law
A reference in another law of this state or in a law of a subdivision of this state to "optometrist" means an optometrist or therapeutic...
- Texas Section 351.004 - Sunset Provision
The Texas Optometry Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board...
SUBCHAPTER B TEXAS OPTOMETRY BOARD
- Texas Section 351.005 - Application Of Chapter; Exemptions
(a) This chapter does not: (1) apply to an officer or agent of the United States or this state in performing official duties; (2) prevent...
- Texas Section 351.051 - Texas Optometry Board; Membership
(a) The Texas Optometry Board consists of nine members appointed by the governor with the advice and consent of the senate as follows: (1) six...
- Texas Section 351.052 - Membership Eligibility
(a) An optometrist or therapeutic optometrist member of the board must have been a resident of this state engaged in the practice of optometry or...
- Texas Section 351.053 - Membership And Employee Restrictions; Conflicts Of Interest
(a) A member or employee of the board may not: (1) be a member of the faculty of a college of optometry or an agent,...
- Texas Section 351.054 - Terms
(a) Members of the board serve staggered six-year terms. The terms of two optometrist or therapeutic optometrist members and one public member expire on January...
- Texas Section 351.055 - Officers
(a) The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure...
- Texas Section 351.056 - Grounds For Removal
(a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications...
- Texas Section 351.057 - Per Diem; Reimbursement
(a) A board member is entitled to a per diem as set by legislative appropriation for each day that the member engages in the business...
- Texas Section 351.058 - Meetings
(a) At least twice a year the board shall hold regular meetings. (b) The board shall hold special meetings on the request of five members...
- Texas Section 351.0585 - Certain Reports Required At Regular Meetings
The board shall receive a report regarding complaints at each board meeting. Added by Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.006, eff....
SUBCHAPTER C EXECUTIVE DIRECTOR AND OTHER AGENCY PERSONNEL
- Texas Section 351.059 - Training
(a) The board shall establish a training program for the members of the board in consultation with the governor, the attorney general, and the Texas...
- Texas Section 351.101 - Executive Director
The board may employ an executive director as the executive head of the agency. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1,
- Texas Section 351.103 - Staff Attorney
The board is authorized to employ a staff attorney. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 351.104 - Other Personnel
The board may employ personnel necessary to administer this chapter, including stenographers, secretaries, inspectors, and legal assistants. Acts 1999, 76th Leg., ch. 388, Sec. 1,...
- Texas Section 351.105 - Division Of Responsibilities
The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and...
- Texas Section 351.106 - Qualifications And Standards Of Conduct Information
The board shall provide, as often as necessary, to its members and employees information regarding their: (1) qualifications for office or employment under this chapter;...
- Texas Section 351.107 - Career Ladder Program; Performance Evaluations
(a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency posting of all nonentry...
SUBCHAPTER D POWERS AND DUTIES
- Texas Section 351.108 - Equal Opportunity Policy; Report
(a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal opportunity program...
- Texas Section 351.151 - Rules
(a) The board by a majority vote of a quorum may adopt procedural and substantive rules. (b) The board may not adopt a substantive rule...
- Texas Section 351.152 - Fees
(a) The board shall set fees in amounts reasonable and necessary so that in the aggregate the fees produce sufficient revenue to cover the cost...
- Texas Section 351.154 - Application Of Fees
(a) Except as otherwise provided by this section, the board shall apply the funds realized from all fees payable under this chapter first to pay...
- Texas Section 351.155 - Rules Restricting Advertising Or Competitive Bidding
(a) The board may not adopt a rule restricting advertising or competitive bidding by a person regulated by the board except to prohibit a false,...
- Texas Section 351.156 - Board Duties Regarding Complaints
(a) The board by rule shall: (1) adopt a form to standardize information concerning complaints made to the board; and (2) prescribe information to be...
- Texas Section 351.157 - Enforcement
(a) The board, a committee of the board, or a member of the board or a committee may: (1) issue a subpoena or subpoena duces...
- Texas Section 351.1575 - Inspection Of Premises And Review Of Records Authorized
(a) The board, at any time and without notice during regular business hours, may: (1) enter and inspect a facility operated by a person engaged...
- Texas Section 351.158 - Legal Representation
(a) In a hearing before the board or in a suit in which the board is a party, the board may appoint the board's staff...
- Texas Section 351.159 - Committee Appointments And Recommendations
(a) The board may appoint committees from its own membership. (b) A committee shall consider any matter referred to the committee relating to the enforcement...
- Texas Section 351.160 - Pharmaceutical Agents
The board by rule shall designate classifications of pharmaceutical agents that therapeutic optometrists may use in the practice of therapeutic optometry as authorized by this...
- Texas Section 351.161 - Seal; Design Of License
The board shall adopt an official seal and a license of suitable design. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 351.162 - Office
The board shall maintain an office in which it keeps all permanent records. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 351.163 - Board Records
(a) The board shall keep a record of its proceedings. (b) The board may keep a record of any information the board wants to record....
- Texas Section 351.166 - Information Provided To License Holders
At least once each biennium, the board shall provide to license holders information on: (1) prescribing and dispensing pain medications, with particular emphasis on Schedule...
- Texas Section 351.167 - Poison Control Center Information
The board shall provide to license holders information regarding the services provided by poison control centers. Added by Acts 2003, 78th Leg., ch. 1163, Sec....
- Texas Section 351.168 - Technological Solutions Policy Required
The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy...
SUBCHAPTER E PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 351.169 - Alternative Rulemaking And Dispute Resolution
(a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
- Texas Section 351.201 - Public Interest Information
(a) The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and...
- Texas Section 351.202 - Public Participation
(a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on...
- Texas Section 351.203 - Complaints
(a) The board by rule shall establish methods by which a consumer or service recipient is notified of the name, mailing address, and telephone number...
- Texas Section 351.2035 - Complaints Resulting From Inspections
(a) The board shall handle as a complaint any violation of this chapter or a rule adopted by the board that is discovered during an...
- Texas Section 351.2036 - Procedure For Processing Complaints
(a) The board may delegate to board staff the authority to dismiss or enter into an agreed settlement of a complaint that does not directly...
- Texas Section 351.204 - Records Of Complaints
(a) The board shall maintain a system to act promptly and efficiently on each complaint filed with the board. The board shall maintain information concerning:...
- Texas Section 351.2045 - Confidentiality Of Investigation Files
(a) The board's investigation files are confidential, privileged, and not subject to discovery, subpoena, or any other means of legal compulsion for release other than...
SUBCHAPTER F LICENSE REQUIREMENTS
- Texas Section 351.205 - General Rules Regarding Complaint Investigation And Disposition
(a) The board shall adopt rules concerning the investigation of a complaint filed with the board. The rules adopted under this section must: (1) distinguish...
- Texas Section 351.251 - License Required
A person may not practice optometry or therapeutic optometry unless the person holds a license issued under this chapter. Acts 1999, 76th Leg., ch. 388,...
- Texas Section 351.252 - Education Requirements For Therapeutic Optometrist
(a) A person must satisfactorily complete the education requirements established by board rule to be licensed as a therapeutic optometrist. (b) The education necessary to...
- Texas Section 351.253 - Examination Requirement For Therapeutic Optometrist
A person must pass the examination given by the board to be licensed to practice therapeutic optometry in this state. Acts 1999, 76th Leg., ch....
- Texas Section 351.254 - Examination Application
(a) An applicant is eligible to take the licensing examination if the applicant provides to the executive director, on a form provided by the board,...
- Texas Section 351.255 - Conduct Of Examination
(a) The board shall give an applicant notice of the date and place of the examination. The examination shall be given at least twice a...
- Texas Section 351.256 - Examination Subjects
(a) The examination must consist of written or practical tests in subjects regularly taught in recognized accredited colleges of optometry, including: (1) practical, theoretical, and...
- Texas Section 351.257 - Examination Results
(a) The board shall notify each examinee of the examination results not later than the 30th day after the date the examination is administered. If...
- Texas Section 351.258 - Issuance Of License To Therapeutic Optometrist; Fee
(a) The board shall: (1) register as qualified under this chapter an applicant who passes the examination and meets all board requirements; and (2) issue...
- Texas Section 351.259 - Provisional License
(a) The board shall issue a provisional license to practice optometry or therapeutic optometry to an applicant who: (1) is licensed in good standing as...
- Texas Section 351.2595 - License Without Examination
The board may issue a license to practice therapeutic optometry without requiring the applicant to pass all or part of the examination required by Section...
- Texas Section 351.260 - Limited License For Clinical Faculty
(a) The board by rule may issue a limited license to a full-time clinical faculty member of an institution of higher education of this state...
- Texas Section 351.261 - Display Of License Or Certificate
A person practicing optometry or therapeutic optometry in this state shall: (1) display the person's license or certificate in a conspicuous place in the principal...
- Texas Section 351.262 - Information Presented To Patient
(a) An optometrist or therapeutic optometrist shall, within a reasonable time after completing an examination of a patient, present to the patient a prescription, bill,...
- Texas Section 351.263 - Lost Or Destroyed License
The board shall issue a license under this chapter to a license holder whose license has been lost or destroyed on: (1) submission of an...
- Texas Section 351.264 - Inactive Status
The board by rule may provide for a license holder's license to be placed on inactive status. Acts 1999, 76th Leg., ch. 388, Sec. 1,...
SUBCHAPTER G LICENSE RENEWAL
- Texas Section 351.265 - Retired Status
(a) The board by rule may allow a license holder to place the person's license on retired status. A license holder must apply to the...
- Texas Section 351.301 - Annual Renewal Certificate
(a) A person required by this subchapter to hold an annual renewal certificate may not practice optometry or therapeutic optometry without the certificate. (b) A...
- Texas Section 351.302 - License Renewal
(a) The board by rule may adopt a system under which licenses expire on various dates during the year. The board shall adjust the final...
- Texas Section 351.303 - Notice Of License Expiration
Not later than the 30th day before the date a person's license is to expire, the board shall send written notice of the impending license...
- Texas Section 351.304 - Procedure For Renewal
(a) Not later than January 1 of each year or as otherwise provided under Section 351.302, an optometrist or therapeutic optometrist shall pay to the...
- Texas Section 351.305 - Issuance Of Certificate
On receipt of the required fees, the board shall issue an annual renewal certificate containing information from board records that the board considers necessary for...
- Texas Section 351.306 - Renewal Of Expired License By Out-of-state Practitioner
(a) The board may renew without examination the expired license of a person who was licensed in this state, moved to another state, and is...
- Texas Section 351.3065 - Renewal Of Expired License By Retired Optometrist Or Therapeutic Optometrist
The board may renew the license of a person whose license has been expired for one year or more without requiring the person to comply...
- Texas Section 351.307 - Governmental Service, Training, Or Education
An optometrist or therapeutic optometrist may obtain reinstatement of an expired license without paying a lapsed renewal fee or other fee and without passing an...
- Texas Section 351.308 - Continuing Education
(a) An optometrist or therapeutic optometrist must take annual courses in subjects relating to the use and application of scientific, technical, and clinical advances in...
SUBCHAPTER H PRACTICE BY LICENSE HOLDER
- Texas Section 351.309 - Continuing Education Exemptions
A person is exempt from the continuing education requirements of Section 351.308 if the person: (1) holds a license but does not practice optometry or...
- Texas Section 351.351 - License Holder Information
(a) A license holder shall file with the board: (1) the license holder's mailing address; (2) the address of the license holder's residence; (3) the...
- Texas Section 351.352 - Optometric Files And Records
(a) All prescription files, patient records, and business records of an optometric practice are the sole property of the optometrist or therapeutic optometrist. (b) A...
- Texas Section 351.353 - Initial Examination Of Patient
To ensure adequate examination of a patient for whom an optometrist or therapeutic optometrist signs or causes to be signed an ophthalmic lens prescription, in...
- Texas Section 351.354 - Certain Optometric Services Authorized
An optometrist or therapeutic optometrist may: (1) perform: (A) vision therapy; (B) hand-eye coordination exercises; (C) visual training; and (D) developmental vision therapy; and (2)...
- Texas Section 351.355 - Determining Or Measuring Vision
In determining or measuring the powers of vision of the human eye, an optometrist or therapeutic optometrist may: (1) examine the eye to diagnose the...
- Texas Section 351.356 - Fitting Lenses Or Prisms
In fitting lenses or prisms, an optometrist or therapeutic optometrist may: (1) directly or indirectly prescribe or supply lenses or prisms; (2) make measurements involving...
- Texas Section 351.357 - Fitting And Dispensing Contact Lenses
(a) Contact lenses may be fitted only by an optometrist, therapeutic optometrist, or licensed physician. (b) An ophthalmic dispenser may dispense contact lenses on a...
- Texas Section 351.358 - Ophthalmic Devices, Oral Medications, And Pharmaceutical Agents
(a) An optometrist may not treat the eye for a defect or administer or prescribe a drug or physical treatment unless the optometrist is a...
- Texas Section 351.3581 - Diagnosis And Treatment Of Glaucoma
(a) A therapeutic optometrist may not administer or prescribe an oral or parenteral medication or treat glaucoma unless the therapeutic optometrist holds a certificate issued...
- Texas Section 351.359 - Prescription
(a) An ophthalmic lens prescription must include: (1) the signature of the optometrist or therapeutic optometrist; and (2) the information and parameters the optometrist or...
- Texas Section 351.360 - Professional Standard Of Therapeutic Optometrist
A therapeutic optometrist, including an optometric glaucoma specialist, is subject to the same standard of professional care and judgment as a person practicing as an...
- Texas Section 351.361 - Lease; Payment Basis; Accounts Receivable
(a) An optometrist or therapeutic optometrist may: (1) lease space from an establishment; (2) pay for franchise fees or other services on a percentage or...
- Texas Section 351.362 - Professional Responsibility; Name Of Practice
(a) An optometrist or therapeutic optometrist may practice under a trade name, an assumed name, or the name of a professional corporation or association. (b)...
- Texas Section 351.363 - Mercantile Establishment
(a) To safeguard the visual welfare of the public and the doctor-patient relationship, assign professional responsibility, establish standards of professional surroundings, more nearly secure to...
- Texas Section 351.364 - Relationships With Dispensing Opticians
(a) If an optometrist or therapeutic optometrist occupies space for the practice of optometry or therapeutic optometry on premises on which a person engages in...
- Texas Section 351.365 - Patient Rights Regarding Spectacle Prescription
(a) If, after examining a patient, an optometrist or therapeutic optometrist believes that lenses are required to correct or remedy a defect or abnormal condition...
- Texas Section 351.366 - Authority To Form Certain Jointly Owned Entities
(a) Except as provided by Section 351.361 or 351.457, an optometrist or therapeutic optometrist and a physician may, for the purposes described by Subsection (b),...
SUBCHAPTER I PROHIBITED PRACTICES IN GENERAL
- Texas Section 351.367 - Contract Or Employment With Community Health Centers
(a) In this section, "community health center" means a health organization that: (1) is a nonprofit corporation under the Texas Non-Profit Corporation Act (Article 1396-1.01...
- Texas Section 351.401 - Prohibited Offer, Representation, Or Designation
Unless a person is licensed to practice under this chapter, the person may not: (1) offer to practice optometry or therapeutic optometry; (2) represent to...
- Texas Section 351.402 - Impersonation Prohibited
A person may not: (1) impersonate an optometrist or therapeutic optometrist or falsely assume another name; or (2) buy, sell, or fraudulently obtain an optometry...
- Texas Section 351.403 - False, Deceptive, Or Misleading Advertising
(a) A person may not publish or display, or cause or permit to be published or displayed, by any means, including by newspaper, radio, television,...
- Texas Section 351.404 - Eyeglasses As Prize Or Inducement
A person in this state may not give or deliver, or cause to be given or delivered, in any manner, eyeglasses as: (1) a prize...
- Texas Section 351.405 - Alteration Of Prescription
A person may not alter the specifications of an ophthalmic lens prescription without the prescribing doctor's consent. Acts 1999, 76th Leg., ch. 388, Sec. 1,...
- Texas Section 351.406 - Expired Contact Lens Prescription
A person may not fill an expired contact lens prescription. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 351.407 - Governmental Discrimination Prohibited
(a) A program supported by the state or by a political subdivision of the state may not discriminate against a health care practitioner because the...
- Texas Section 351.408 - Control Of Optometry
(a) This section and Sections 351.602(c)(2), 351.603(b), 351.604(3), and 351.605 shall be liberally construed to prevent manufacturers, wholesalers, and retailers of ophthalmic goods from controlling...
SUBCHAPTER J PROHIBITED PRACTICES BY LICENSE HOLDER
- Texas Section 351.409 - Prohibited Activity By Unlicensed Person
An unlicensed person may not engage in any activity prohibited by this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 351.451 - Prohibited Treatment By License Holder
(a) An optometrist or therapeutic optometrist may not provide a person with treatment except as authorized by law. (b) An optometrist or therapeutic optometrist who...
- Texas Section 351.452 - Prohibited Use Of Pharmaceutical Agent
A therapeutic optometrist may not use a pharmaceutical agent not authorized by the board or by law. Acts 1999, 76th Leg., ch. 388, Sec. 1,...
- Texas Section 351.4521 - Performance Of Surgery Prohibited
A therapeutic optometrist may not perform surgery or laser surgery. Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.152(e), eff. Sept. 1, 2001.
- Texas Section 351.453 - Examination Required For Prescription
An optometrist or therapeutic optometrist may not sign, or cause to be signed, an ophthalmic lens prescription without first personally examining the eyes of the...
- Texas Section 351.454 - Contagious Or Infectious Disease
(a) An optometrist or therapeutic optometrist may not practice optometry or therapeutic optometry while knowingly suffering from a contagious or infectious disease, as defined by...
- Texas Section 351.455 - Practice Prohibited From House To House
(a) A person may not practice optometry or therapeutic optometry from house to house or on the streets or highways, notwithstanding any laws for the...
- Texas Section 351.456 - Practice Prohibited During License Suspension Or Revocation
A person may not practice optometry or therapeutic optometry while the person's license is suspended or revoked. Acts 1999, 76th Leg., ch. 388, Sec. 1,...
- Texas Section 351.457 - Professional Responsibility; Fees
(a) An optometrist or therapeutic optometrist may not directly or indirectly divide, share, split, or allocate a fee for optometric services or materials with: (1)...
- Texas Section 351.458 - Professional Responsibility; Use Of Name Or Professional Identification
(a) An optometrist or therapeutic optometrist may not use, or cause or allow to be used, the optometrist's or therapeutic optometrist's name or professional identification,...
- Texas Section 351.459 - Mercantile Establishment; Prohibited Acts
(a) This section applies to an optometrist or therapeutic optometrist who leases space from and practices optometry or therapeutic optometry on the premises of a...
SUBCHAPTER K DISCIPLINARY PROCEDURES
- Texas Section 351.460 - Relationships With Dispensing Opticians; Prohibited Acts
(a) A person who is engaged in the business of a dispensing optician, other than an optometrist, therapeutic optometrist, or licensed physician, may not have:...
- Texas Section 351.501 - Denial Of License And Disciplinary Action By Board
(a) On the vote of five or more members, the board may refuse to issue a license to an applicant, revoke or suspend a license,...
- Texas Section 351.5015 - Temporary Suspension Or Restriction Of License
(a) The board shall appoint a three-member disciplinary panel consisting of board members to determine whether a license issued to a person under this chapter...
- Texas Section 351.502 - Wilful Or Repeated Noncompliance
(a) The board shall consider the wilful or repeated failure or refusal of an optometrist or therapeutic optometrist to comply with the requirements of Sections...
- Texas Section 351.503 - Disciplinary Proceedings
(a) A person may initiate disciplinary proceedings under Section 351.501 by filing a charge with the board in writing and under oath. (b) A person...
- Texas Section 351.504 - Judicial Review
A petition for judicial review of a board action may be filed in a district court in the county of residence of the person against...
- Texas Section 351.505 - Reissuance Of License After Revocation
(a) A person whose license has been revoked: (1) may not apply for reissuance under Subsection (b) before the first anniversary of the date of...
- Texas Section 351.506 - Probation
If a license suspension is probated, the board may require the license holder to: (1) report regularly to the board on matters that are the...
- Texas Section 351.507 - Informal Proceedings; Informal Settlement Conference And Refunds
(a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) an informal...
- Texas Section 351.508 - Recusal Required
A member of the board who reviews and investigates a complaint under Section 351.2036(c) or participates in an informal settlement conference under Section 351.507 may...
SUBCHAPTER L ADMINISTRATIVE PENALTY
- Texas Section 351.509 - Remedial Plan
(a) The board may issue and establish the terms of a remedial plan to resolve the investigation of a complaint filed under this chapter. (b)...
- Texas Section 351.551 - Imposition Of Penalty
The board may impose an administrative penalty on a person licensed or regulated under this chapter who violates this chapter or a rule or order...
- Texas Section 351.552 - Amount Of Penalty
(a) The amount of an administrative penalty may not exceed $2,500 for each violation. Each day a violation continues or occurs is a separate violation....
- Texas Section 351.553 - Report And Notice Of Violation And Penalty
(a) If the executive director or a subcommittee of the board appointed for that purpose determines that a violation has occurred, the executive director or...
- Texas Section 351.554 - Penalty To Be Paid Or Hearing Requested
(a) Not later than the 20th day after the date the person receives the notice under Section 351.553, the person in writing may: (1) accept...
- Texas Section 351.555 - Hearing On Recommendations
(a) If the person requests a hearing or fails to respond in a timely manner to the notice, the executive director shall set a hearing...
- Texas Section 351.556 - Decision By Board
(a) Based on the findings of fact, conclusions of law, and proposal for decision, the board by order may determine that: (1) a violation occurred...
- Texas Section 351.557 - Options Following Decision: Pay Or Appeal
(a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; (2) pay...
- Texas Section 351.558 - Collection Of Penalty
If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter...
- Texas Section 351.559 - Determination By Court
(a) If a court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order...
- Texas Section 351.560 - Remittance Of Penalty And Interest
(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)...
SUBCHAPTER M OTHER PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 351.561 - Administrative Procedure
A proceeding under this subchapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 351.601 - Monitoring License Holder
The board by rule shall develop a system for monitoring a license holder's compliance with the requirements of this chapter. Rules adopted under this section...
- Texas Section 351.602 - Injunction; Damages
(a) The board may sue in the board's own name to enjoin a violation of this chapter. This remedy is in addition to any other...
- Texas Section 351.603 - Enforcement By Attorney General Or Board; Civil Penalty
(a) The attorney general or board may institute an action in a district court in the county in which a violation of Section 351.251, 351.403,...
- Texas Section 351.604 - Deceptive Trade Practices
A violation of any of the following sections is actionable under Subchapter E, Chapter 17, Business & Commerce Code: (1) Section 351.251; (2) Section 351.403;...
- Texas Section 351.605 - Lessee Entitled To Remedies
A person injured as a result of a violation of Section 351.408, including an optometrist who is a lessee of a manufacturer, wholesaler, or retailer,...
- Texas Section 351.606 - General Criminal Penalty
(a) A person commits an offense if the person violates this chapter. (b) An offense under Subsection (a) is a misdemeanor punishable by: (1) a...
- Texas Section 351.607 - Dispensing Contact Lenses; Penalty
(a) A person commits an offense if the person dispenses a contact lens by mail or otherwise to a patient in this state without having...
- Texas Section 351.608 - Cease And Desist Order
(a) If it appears to the board that a person is engaging in an act or practice that constitutes the practice of optometry or therapeutic...