PART 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS
CHAPTER 80. COMPLAINTS
The Texas Board of Chiropractic Examiners (Board) adopts the repeal of 22 TAC §80.5 (Expert Review Process) without changes as published in the July 7, 2023, issue of the Texas Register (48 TexReg 3615), and thus will not be republished. The Board will adopt a new §80.5 (Peer Review Process) in a separate rulemaking. This rulemaking action will clarify language relating to the Board's authority to conduct standard of care reviews during complaint investigations.
The Board received no comments from the public concerning the repeal.
The repeal is adopted under Texas Occupations Code §201.152, which authorizes the Board to adopt rules necessary to perform the Board's duties and to regulate the practice of chiropractic, and Texas Occupations Code and §201.210, which authorizes the Board to adopt rules to develop a review process for complaints requiring additional chiropractic expertise.
No other statutes or rules are affected by this repeal.
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 11, 2023.
TRD-202302932
Christopher Burnett
General Counsel
Texas Board of Chiropractic Examiners
Effective date: August 31, 2023
Proposal publication date: July 7, 2023
For further information, please call: (512) 305-6700
The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §80.5 (Peer Review Process) without changes to the text as published in the July 7, 2023, issue of the Texas Register (48 TexReg 3616), and thus will not be republished. The current §80.5 is being repealed in a separate rulemaking.
Texas Occupations Code §201.210 requires the Board to set up a system where the Board may draw on outside chiropractic expertise (an "expert" reviewer of patient records) to help in investigations involving standard of care allegations. The Board adopted such a system through §80.5.
However, the use of the term "expert" in both the statute and the Board's current rule has caused confusion for some complainants as to the exact role and authority of the reviewer. Some complainants have thought that the reviewer's job is to assign legal liability for any injury the complainant may have suffered as the result of a licensee's failure to meet the profession's standard of care; in effect, some complainants believe that the reviewer is the same as an expert witness in a trial court who is called upon to render an opinion as to causation (and thus assign legal liability). That is not the case with the Board's reviewers.
Unlike an expert witness, a Board reviewer does not examine any patient; the reviewer only performs a review of records. Also, a Board reviewer is not statutorily authorized to render an opinion as to causation, only whether the standard of care for chiropractic was met; those are different standards. An opinion on causation is within the purview of the courts, not the Board.
The adopted §80.5 keeps the Board's current system of outside standard of care review, but clarifies to both reviewers hired by the Board and complainants that the reviewer is not authorized to make a legal opinion as to any violation of statutes or rules under the Board's jurisdiction, nor authorized to make a legal opinion as to the liability for any injury possibly sustained by the complainant. To that end, the rule has been retitled as "Peer Review Process" to eliminate the perception that a Board reviewer is the same as an expert witness.
The Board received no comments regarding the new rule.
The rule is adopted under Texas Occupations Code §201.152 (which authorizes the Board to adopt rules necessary to perform the Board's duties and to regulate the practice of chiropractic), and §201.210 (which requires the Board to develop a review process of complaints filed with the Board that require additional chiropractic expertise).
No other statutes or rules are affected by this adopted rule.
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 11, 2023.
TRD-202302933
Christopher Burnett
General Counsel
Texas Board of Chiropractic Examiners
Effective date: August 31, 2023
Proposal publication date: July 7, 2023
For further information, please call: (512) 305-6700
The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §80.8 (Board Member and Staff Initiated Complaints) without changes to the text as published in the July 7, 2023, issue of the Texas Register (48 TexReg 3618), and thus will not be republished. This action puts into rule the Board's current policy for processing complaints initiated by Board members and staff.
As practicing chiropractors, Board members interact with other licensees. On occasion, a Board (or staff) member may become aware of facts that indicate that another licensee may be in violation of the statutes and rules under the Board's jurisdiction and thus need to file a formal complaint. The adopted rule formalizes the Board's procedures for processing those complaints.
The intent is transparency: the licensee who is the subject of a complaint under this rule will know the identity of the Board or staff member making the complaint; know that the allegations were considered independently by the Board's executive director before the complaint is forwarded to the Board's enforcement director; and know that any Board member filing a complaint will be prohibited from voting on or considering the results of any investigation or subsequent administrative action taken by the Board on the complaint.
The Board received no comments regarding this rulemaking.
The rule is adopted under Texas Occupations Code §201.152 (which authorizes the Board to adopt rules necessary to perform the Board's duties and to regulate the practice of chiropractic), §201.2205 (which requires the Board to adopt rules concerning the investigation of a complaint), and §201.2065 (which prohibits the Board from accepting anonymous complaints).
No other statutes or rules are affected by this adopted rule.
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 11, 2023.
TRD-202302934
Christopher Burnett
General Counsel
Texas Board of Chiropractic Examiners
Effective date: August 31, 2023
Proposal publication date: July 7, 2023
For further information, please call: (512) 305-6700
The Texas Board of Chiropractic Examiners (Board) adopts new 22 TAC §82.7 (Employee Equity Salary Adjustments) without changes to the text as published in the July 7, 2023, issue of the Texas Register (48 TexReg 3619), and thus will not be republished. The General Appropriations Act (GAA) authorizes an agency executive director to make employee equity salary adjustments only if the agency has adopted a rule permitting that action. The adopted rule, which is compliant with the terms of the GAA (Article IX, §3.07, 87th Legislature - Regular Session, 2021 (or successor provisions)), permits the agency executive director to make such adjustments if necessary.
The Board received no comments regarding this rule.
The rule is adopted under Texas Occupations Code §201.152 (which authorizes the Board to adopt rules necessary to perform the Board's duties and to regulate the practice of chiropractic) and the General Appropriations Act, Article IX, §3.07 (87th Legislature - Regular Session, 2021) or successor provisions (which authorizes the Board to adopt rules concerning employee equity salary adjustments).
No other statutes or rules are affected by this adopted rule.
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 11, 2023.
TRD-202302935
Christopher Burnett
General Counsel
Texas Board of Chiropractic Examiners
Effective date: August 31, 2023
Proposal publication date: July 7, 2023
For further information, please call: (512) 305-6700
CHAPTER 271. EXAMINATIONS
22 TAC §§271.2, 271.3, 271.5, 271.6
The Texas Optometry Board (Board) adopts amendments to 22 TAC Chapter 271, Examinations. The specific rules being amended include: §271.2 Applications; §271.3 Jurisprudence Examination Administration; §271.5 Licensure without Examination; and §271.6 National Board Examination. The Board adopts these rules without changes to the proposed text as published in the May 26, 2023, issue of the Texas Register (48 TexReg 2651). The amended rules will not be republished.
BACKGROUND AND JUSTIFICATION
The rules in Chapter 271 were reviewed by the Board's Administration and Licensing Committee in January 2023 to ensure the licensing and renewal process was efficient and effective. By updating rules relating to licensing, the Board can provide better customer service to its licensees.
The adopted amendments include non-substantive changes to all references from "board" to "Board" and from "executive director" to "Executive Director." Substantive changes to specific rules are outlined as follows.
In §271.2 Applications, the Board amends the title of the rule to read "Applications for Licensure as Therapeutic Optometrist"; updates the documents required for licensure; updates the statutory reference to Texas Occupations Code Chapter 53 as it relates to convictions that must be reported upon application; states that applications must be approved within one year of application submission or applicants will have to reapply; sets out requirements for applicants who are licensed in other states; and removes language related to scheduling the jurisprudence exam as the Board will allow an applicant to take the exam at any point.
In §271.3 Jurisprudence Examination Administration, the amends the title of the rule to read "Jurisprudence Examination"; clarifies the jurisprudence exam is an "open book" exam; removes language related to scheduling the jurisprudence exam as the Board will allow an applicant to take the exam at any point; states that jurisprudence exam scores are only valid for one year and if an applicant fails to get licensed in that year, applicants will have to retake the exam; and removes language related to the administration of the exam as the Board has outsourced the exam administration to another entity.
In §271.5 Licensure without Examination, the Board clarifies that the rule only applies to those applicants who have not taken Part III of the National Board of Examiners in Optometry and makes other non-substantive grammatical changes and references to statute.
In §271.6 National Board Examination, the Board removes language regarding the jurisprudence exam as it is referenced in a separate rule; and makes other non-substantive grammatical changes and references to statute.
COMMENTS:
The 30-day comment period ended on June 25, 2023. The Board did not receive any comments.
STATUTORY AUTHORITY
These rules are adopted under the Texas Optometry Act, Texas Occupations Code, §351.151 and Texas Occupations Code Chapter 351, Subchapter F - License Requirements.
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 7, 2023.
TRD-202302788
Janice McCoy
Executive Director
Texas Optometry Board
Effective date: August 27, 2023
Proposal publication date: May 26, 2023
For further information, please call: (512) 305-8500
22 TAC §§273.7, 273.8, 273.12, 273.14, 273.15
The Texas Optometry Board (Board) adopts amendments to 22 TAC Chapter 273, General Rules. The specific rules being amended include: §273.7 - Inactive Licenses and Retired License for Volunteer Charity Care (to include splitting one rule into two separate rules for clarification purposes), §273.8 - Renewal of License, §273.12 - Profile Information, and §273.14 - License Applications for Military Service Member, Military Veteran, and Military Spouse. The Board adopts a new rule titled §273.15 - Retired License for Volunteer Charity Care. The Board adopts these rules with changes to the proposed text as published in the June 2, 2023, issue of the Texas Register (48 TexReg 2813). The amended rules will be republished.
BACKGROUND AND JUSTIFICATION
The rules in Chapter 273 were reviewed by the Board's Administration and Licensing Committee in January 2023 to ensure the licensing and renewal process was efficient and effective. By updating rules relating to licensing, the Board can provide better customer service to its licensees.
The adopted amendments include non-substantive changes to all references from "board" to "Board" and from "executive director" to "Executive Director." Substantive changes to specific rules are outlined as follows.
In §273.7 - Inactive Licenses and Retired License for Volunteer Charity Care, the Board split the rule into two separate rules - one related to Inactive Licenses and one related to Retired License for Volunteer Charity Care. Splitting the rule provides ease of understanding the differences between inactive and retired licenses. In the new §273.7 - Inactive Licenses, the rule eliminates the ability to place a license on inactive status at any time and instead allows it only at renewal.
In the new §273.15 - Retired License for Volunteer Charity Care, the rule moves language previously outlined in §273.7 and also ensures only therapeutic optometrists can update an expired license to a retired license.
In §273.8 - Renewal of License, the Board updates the process to reflect the full transition to the biennial renewal system, clarifies the process for expired licenses to be reinstated under certain circumstances. It ensures the Board's consideration of convictions are in compliance with Chapter 53 of the Occupations Code, and makes other clarifying corrections to ensure the renewal process is both efficient and effective for licensees and Board staff.
In §273.12 - Profile Information, the Board removes the requirement that licensees provide certain information to the Board upon renewal as the Board no longer collects and disseminates this information. It adds the requirement that a licensee provide a personal email address at renewal.
In §273.14 - License Applications for Military Service Member, Military Veteran, and Military Spouse, the Board updates the definition of "Armed Forces of the United States" to update statutory language, to update the application requirements to ensure military applicants provide the same information as a regular applicant, and changes the initial expiration date of a military license to be the same as a regular applicant. Finally, with the changes to the jurisprudence exam occurring in Chapter 271 - Examination, the Board is requiring military applicants to take the jurisprudence exam prior to licensure instead of prior to the first renewal as waiting to take the jurisprudence exam no longer creates a barrier to expedited licensure.
COMMENTS
The 30-day comment period ended on July 3, 2023. The Board did not receive any comments.
CHANGES TO TEXT AS PROPOSED
In §273.14(e), the Board adds the term "military service member" or "service member's" in front of every mention of "military spouse" or "spouse's." This change is a direct result of legislation that passed during the 88th Legislative Session (SB422 by Senator Angela Paxton) that extended the authority of the Board to issue a license under Texas Occupations Code §55.0041 from just military spouses to include military service members.
Section (e) now reads: "(e) Alternate licensing procedure for military service member or military spouse..."
Section (e)(1)(A) now reads: "(A) The military service member or military spouse applicant..."
Section (e)(1)(B) now reads: "The military service member or military spouse..."
Section (e)(1))(B)(i) now reads: "proof of the service member's or spouse's..."
Section (e)(2)(A)(ii) now reads: "the date when the military service member or military spouse..."
STATUTORY AUTHORITY
These rules are adopted under the Texas Optometry Act, Texas Occupations Code, §351.151, Texas Occupations Code Chapter 351, Subchapter F - License Requirements and Subchapter G - License Renewal, and Texas Occupations Code Chapter 55.
§273.7.Inactive Licenses.
(a) Placing a license on inactive status. A person who is licensed by the Board to practice optometry but who is not engaged in the practice of optometry in this state may place the license on inactive status at the time of license renewal as follows. The licensee shall:
(1) complete and submit before the expiration date a license renewal application provided by the Board;
(2) state on the renewal application that the license is to be placed on inactive status and that the licensee shall not practice optometry in Texas while the license is inactive; and
(3) pay the fee for renewal of license as specified in §273.4 of this title (relating to Fees (Not Refundable)). Penalty fees as provided by Section 351.304 of the Act, will apply to those received after December 31 of the applicable renewal period.
(b) Reactivation of an Inactive License. A holder of a license that is on inactive status may return the license to active status by:
(1) applying for active status on a form prescribed by the Board;
(2) providing proof of completion certificates from approved continuing education programs as specified in Chapter 275 of this title (relating to Continuing Education Requirements) for the number of hours that would otherwise have been required for the renewal of the license. Approved continuing education earned within the two years prior to the licensee applying for the return to active status may be applied toward the continuing education requirement; and
(3) paying the license renewal fee specified in §273.4 of this chapter (relating to Fees (Not Refundable)).
(c) Prohibition against practicing optometry in Texas. A holder of a license that is on inactive status shall not practice optometry in this state. The practice of optometry by a holder of a license that is on inactive status constitutes the practice of optometry without a license.
§273.8.Renewal of License.
(a) Expired license.
(1) If a license is not renewed on or before the expiration date, it becomes expired. All licenses renew on a biennial basis. Initial licenses expire on the second January 1 after the date the license is first issued.
(2) If a person's license has been expired for 90 days or less, the person may renew the license by paying to the Board the amount of one and one-half times the renewal fee.
(3) If a person's license has been expired for longer than 90 days but less than one year, the person may renew the license by paying to the Board the amount of two times the renewal fee.
(4) If a person's license has been expired for one year or longer, the person may not renew the license but may obtain a new license by reapplying and passing the jurisprudence exam and complying with the requirements and procedures for obtaining an initial license. However, the Board may reinstate a license without requiring reapplication and reexamination of the jurisprudence examination an expired license of a person who was previously licensed in Texas, is currently licensed in another state, and has been in practice for two years immediately preceding application for reinstatement. The person shall be required to furnish documentation of continuous practice for the two-year period and pay the renewal fee as established by subsection (a)(3) of this section. The person must furnish license verifications from each state in which the person is currently or previously licensed. A license renewal under this section is subject to the same requirements of §351.501 of the Act as a license applicant.
(5) For licenses expired for more than one year, if the person was not licensed as a therapeutic optometrist when the license expired, the person must also complete the requirements for therapeutic license in §§280.1 - 280.3 of this title (relating to Application for Certification Required; Education; Certified Therapeutic Optometrist Examination, respectively) prior to obtaining a new license.
(6) A licensee receiving a felony or misdemeanor criminal conviction as outlined under Occupations Code Chapter 53 shall report the conviction on the next license renewal. This requirement is in addition to the 30 day reporting requirement in §277.5 of this title (relating to Convictions). This paragraph does not require the reporting of a Class C Misdemeanor traffic violation. The failure of a licensee to report a criminal conviction is deceit, dishonesty and misrepresentation in the practice of optometry and authorizes the Board to take disciplinary action under §351.501 of the Act. The licensee shall furnish any document relating to the criminal conviction as requested by the Board.
(7) Only an active licensee who has provided a complete fingerprint criminal history report to the Board is eligible to renew a license.
(b) Mandatory Continuing Education for Renewal of License.
(1) The Board may not issue a renewal license to a licensee who has not complied with the mandatory continuing education requirements unless an exemption provided by §275.1 of this title (relating to General Requirements) is applicable.
(2) If a licensee has not fulfilled the required continuing education requirements prior to the license renewal date, the license shall expire. To renew that expired license, the licensee may obtain and provide the Board with certified records that the licensee has, since the expiration of the license, completed sufficient hours of approved continuing education courses to satisfy any deficiency. Education obtained for renewal of an expired license cannot be applied toward subsequent renewal of license.
(3) The licensee cannot practice optometry until such time as education is obtained and the expired license has been renewed.
(4) The licensee must pay to the Board the license renewal fee with a late penalty fee authorized by §351.304 of the Act, plus a penalty authorized by §351.308 of the Act.
(5) The Executive Director shall determine if all requirements for renewal of license have been fulfilled, and will notify the licensee when the practice of optometry can resume.
(6) To practice optometry with an expired license shall constitute the practice of optometry without a license.
(c) Outstanding Administrative Penalty or Failure to Comply with Board Condition.
(1) The Board may refuse to renew a license to a person who has:
(A) not paid an administrative penalty owed to the Board at the time of renewal; or
(B) not complied with a term or condition of a disciplinary order or agreement issued by the Board.
(2) The Board may refuse to renew a license, until such time as:
(A) every administrative penalty payable on or before the time of renewal is paid; or
(B) all terms or conditions of a disciplinary order or agreement issued by the Board are satisfied.
§273.12.Profile Information.
(a) All licensees shall provide, on each application for renewal of license, the information listed in subsection (b). New licensees shall provide the information listed in subsection (b) prior to receiving a license.
(b) Each license holder is required to furnish:
(1) the name of the license holder and the address and telephone number of the license holder's primary practice location; and
(2) a personal email address.
§273.14.License Applications for Military Service Member, Military Veteran, and Military Spouse.
(a) Definitions.
(1) "Military service member" means a person who is on active duty.
(2) "Military spouse" means a person who is married to a military service member.
(3) "Military veteran" means a person who has served on active duty, who was discharged or released from active duty, and who was not dishonorably discharged.
(4) "Active duty" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by §437.001, Government Code, or similar military service of another state.
(5) "Armed forces of the United States" means the army, navy, air force, space force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.
(b) License eligibility requirements for applicants with military experience.
(1) Verified military service, training, or education will be credited toward the licensing requirements, other than an examination requirement, of an applicant who is a military service member or military veteran.
(2) This subsection does not apply if the applicant holds a restricted license issued by another jurisdiction or has an unacceptable criminal history.
(c) Alternate licensing procedure authorized by Texas Occupations Code §55.004 and §55.005.
(1) Applicants currently licensed in another state.
(A) Application.
(i) The military service member, military veteran or military spouse applicant must be licensed in good standing as a therapeutic optometrist or the equivalent 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 Act.
(ii) The military service member, military veteran or military spouse applicant shall submit a completed Military application, including the submission of proof of the applicant's status as a military service member, military veteran or military spouse along with all documents required under §271.2 of this title.
(iii) A military service member, military veteran, or military spouse licensed in another state is exempt from the application fee in §273.4 of this chapter (relating to Fees (Not Refundable)). Such an applicant is not exempt from exam administration fees charged for an exam administered by an organization or person other than the Board.
(iv) A license issued under this subsection shall be a license to practice therapeutic optometry with the same obligations and duties required of a licensed therapeutic optometrist and subject to the same disciplinary requirements for that license.
(B) License Renewal.
(i) Initial military licenses expire on the second January 1 after the date the license is first issued. If the initial license is timely renewed, the licensee may thereafter renew the license by paying the renewal fee prior to the expiration date set in §273.8 of this chapter.
(ii) The requirements for renewing the license are the same as the requirements for renewing an active license.
(2) Requirements for license for military requirements for renewing an active service member, military veteran or military spouse applicant not currently licensed to practice optometry who was licensed in Texas within five years of the application submission.
(A) Application.
(i) The military service member, military veteran or military spouse applicant shall submit a completed Military application, including the submission of proof of the applicant's status as a military service member, military veteran or military spouse along with all documents required under §271.2 of this title.
(ii) An application fee in the same amount as the application fee set out in §273.4 of this chapter must be submitted with the application.
(iii) A license issued under this subsection shall be a license to practice therapeutic optometry with the same obligations and duties required of a licensed therapeutic optometrist and subject to the same disciplinary requirements for that license.
(B) License Renewal.
(i) Initial military licenses expire on the second January 1 after the date the license is first issued. If the initial license is timely renewed, the licensee may thereafter renew the license by paying the renewal fee prior to the expiration date set in §273.8 of this chapter.
(ii) The requirements for renewing the license are the same as the requirements for renewing an active license.
(d) Alternative method to demonstrate competency. To protect the health and safety of the citizens of this state, a license to practice optometry requires the licensee to obtain a doctorate degree in optometry and passing scores on lengthy and complex nationally accepted examinations. An alternative method to demonstrate competency is not available at this time.
(e) Alternate licensing procedure for military service member or military spouse authorized by Texas Occupations Code §55.0041.
(1) Application.
(A) The military service member or military spouse applicant must be licensed in good standing as a therapeutic optometrist or the equivalent 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 Act. For purposes of this subsection, the Board finds that every state and territory that issues a therapeutic license to a graduate of an accredited optometry school has licensing requirements that are substantially equivalent to the requirements of the Act.
(B) The military service member or military spouse applicant shall submit:
(i) proof of the service member's or spouse's residency in this state and a copy of the service member's or spouse's military identification card;
(ii) a completed Federal Bureau of Investigation fingerprint card provided by the Board;
(iii) an official license verification from the state in which the applicant is licensed that has licensing requirements substantially equivalent to the Act; and
(iv) application form.
(2) License.
(A) A license issued under this subsection:
(i) shall be a license to practice therapeutic optometry with the same obligations and duties required of a licensed therapeutic optometrist and subject to the same disciplinary requirements for that license,
(ii) will expire three years after the license is issued, or if occurring prior to the expiration of the three-year period, the date when the military service member or military spouse is no longer stationed at a military installation in this state, and
(iii) may not be renewed.
(B) The application and license is exempt from the Texas Jurisprudence Examination and the application fee and initial license fee in §273.4 of this chapter.
§273.15.Retired License for Volunteer Charity Care.
(a) Retired License. The Board may issue a Retired License to optometrists or therapeutic optometrists whose only practice is volunteer charity care pursuant to this section.
(b) Application. An optometrist holding a current license may apply for a Retired License by submitting to the Board a completed application with the license fee required by §273.4 of this chapter (relating to Fees (Not Refundable)). There is no charge to apply. A Retired License will not be issued to applicants subject to current or pending disciplinary action. In determining whether to grant retired status, the board shall consider the age, years of practice, and status of the license holder at the time of the application. Applicants must supply proof that the continuing education requirements for a Retired License have been met in §275.1(g)(1) of this title (relating to General Requirements).
(c) Application by Expired Licensee. A former therapeutic optometrist whose license has expired for one year or more may apply for a Retired License by submitting to the Board a completed application with the license fee required by §273.4 of this chapter. There is no charge to apply. A Retired License will not be issued to applicants subject to current or pending disciplinary action. Applicants must supply proof of having met the continuing education requirements of §275.1(g)(2) of this title. An applicant for a Retired License whose license has been expired for five years or more must supply proof of a passing score on the jurisprudence examination taken within the one year period prior to the submission of the application. In determining whether to grant retired status, the Board shall consider the age, years of practice, and status of the license holder at the time of the application.
(d) Scope of License. The holder of a Retired License may practice optometry or therapeutic optometry in the same manner as an active licensee of the Board, subject to the restrictions contained in this section. A holder of a Retired License may only practice optometry or therapeutic optometry when such practice is without compensation or expectation of compensation (except for the reimbursement of travel and supply expenses) as a direct service volunteer of a charitable organization.
(e) Charitable Organization. A charitable organization includes any bona fide charitable, religious, prevention of cruelty to children or animals, youth sports and youth recreational, neighborhood crime prevention or patrol, or educational organization (excluding fraternities, sororities, and secret societies), or other organization organized and operated exclusively for the promotion of social welfare by being primarily engaged in promoting the common good and general welfare of the people in a community, including these types of organizations with a §501(c)(3) or (4) exemption from federal income tax, some chambers of commerce, and volunteer centers certified by the Department of Public Safety.
(f) Renewal. A Retired License expires on the same date as a regular license. Prior to renewing the license, the licensee must supply proof that the continuing education requirements for a Retired License have been met. The license renewal fee is set in §273.4 of this chapter.
(g) Penalty. The holder of a Retired License shall not receive compensation for the practice of optometry. To do so constitutes the practice of optometry without a license and subjects the optometrist or therapeutic optometrist to the penalties imposed for this violation.
(h) Reinstatement of an Active License by a Holder of a Retired License. Retired licensees may apply for reinstatement by submitting to the Board a completed application with the application fee required by §273.4 of this chapter. Applicants must supply proof that the continuing education requirements for an active license have been met.
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 7, 2023.
TRD-202302789
Janice McCoy
Executive Director
Texas Optometry Board
Effective date: August 27, 2023
Proposal publication date: June 2, 2023
For further information, please call: (512) 305-8500
CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS
The Texas State Board of Pharmacy adopts amendments to §283.4, concerning Internship Requirements. These amendments are adopted without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3033). The rule will not be republished.
The amendments extend the period that internship hours may be used for licensure from two years to three years from the date the internship is completed.
No comments were received.
The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas 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 7, 2023.
TRD-202302786
Julie Spier, R.Ph.
President
Texas State Board of Pharmacy
Effective date: August 27, 2023
Proposal publication date: June 16, 2023
For further information, please call: (512) 305-8026
The Texas State Board of Pharmacy adopts amendments to §283.6, concerning Preceptor Requirements and Ratio of Preceptors to Pharmacist-Interns. These amendments are adopted without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3035). The rule will not be republished.
The amendments remove the condition that a pharmacist preceptor must have six months of residency training if the pharmacist-intern's residency program is accredited by the American Society of Health System Pharmacists.
No comments were received.
The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas 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 7, 2023.
TRD-202302787
Julie Spier, R.Ph.
President
Texas State Board of Pharmacy
Effective date: August 27, 2023
Proposal publication date: June 16, 2023
For further information, please call: (512) 305-8026
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
The Texas State Board of Pharmacy adopts the repeal of §291.24, concerning Pharmacy Residency Programs. The repeal is adopted without changes to the proposed repeal as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3038). The rule will not be republished.
The repeal of §291.24 removes standards for a statutory program that no longer exists.
No comments were received.
STATUTORY AUTHORITY
The repeal is adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by the adopted repeal: Texas Pharmacy Act, Chapters 551 - 569, Texas 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 7, 2023.
TRD-202302790
Julie Spier, R.Ph.
President
Texas State Board of Pharmacy
Effective date: August 27, 2023
Proposal publication date: June 16, 2023
For further information, please call: (512) 305-8026
The Texas State Board of Pharmacy adopts amendments to §291.27, concerning Confidentiality. These amendments are adopted without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3039). The rule will not be republished.
The amendments correct a misspelled word.
No comments were received.
The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas 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 7, 2023.
TRD-202302791
Julie Spier, R.Ph.
President
Texas State Board of Pharmacy
Effective date: August 27, 2023
Proposal publication date: June 16, 2023
For further information, please call: (512) 305-8026
The Texas State Board of Pharmacy adopts amendments to §291.121, concerning Remote Pharmacy Services. These amendments are adopted without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3040). The rule will not be republished.
The amendments allow remote pharmacy services to be provided using an automated pharmacy system to be provided at healthcare facilities regulated under Chapter 534, Health and Safety Code.
The Board received comments from Angela Babin, BSPharm, MBA, with The Harris Center, in support of the amendments.
The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas 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 7, 2023.
TRD-202302792
Julie Spier, R.Ph.
President
Texas State Board of Pharmacy
Effective date: August 27, 2023
Proposal publication date: June 16, 2023
For further information, please call: (512) 305-8026
The Texas State Board of Pharmacy adopts amendments to §291.151, concerning Freestanding Emergency Medical Care Facility (Class F). These amendments are adopted without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3051). The rule will not be republished.
The amendments clarify that a pharmacist must verify the completeness and reconciliation of the perpetual inventory of controlled substances for an FEMCF pharmacy.
No comments were received.
The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas 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 7, 2023.
TRD-202302793
Julie Spier, R.Ph.
President
Texas State Board of Pharmacy
Effective date: August 27, 2023
Proposal publication date: June 16, 2023
For further information, please call: (512) 305-8026
CHAPTER 535. GENERAL PROVISIONS
SUBCHAPTER D. THE COMMISSION
The Texas Real Estate Commission (TREC) adopts new 22 TAC §535.46, Broker Responsibility Advisory Committee, in Chapter 535, General Provisions, without changes, as published in the June 9, 2023, issue of the Texas Register (48 TexReg 2925) and will not be republished.
The new rule establishes an advisory committee called the Broker Responsibility Advisory Committee (BRAC), which is tasked with advising TREC as to issues surrounding broker responsibility within the real estate industry. This committee will also make recommendations to TREC regarding possible legislative and rule changes associated with broker responsibility issues impacting both the real estate industry and the consumer.
Nine comments were received. Two comments were unrelated to the proposed new rule. Five comments were in favor of the new rule and the creation of BRAC. Some commenters noted the importance of a diverse group of members that represent all brokers. One commenter believed the new committee should also include sales agents, which the Executive Committee did not think necessary in light of the BRAC's stated objective of examining broker responsibility. Another commenter asked what criteria would be used to select members and whether the position would be paid. The Executive Committee noted the criteria for membership is listed in the rule and that considerations related to geographic region would be made by the selection committee. The Executive Committee also noted that a committee member would not be paid for serving. After reviewing the comments, the Executive Committee declined to recommend any changes to the rule as published.
The new rule is adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.
The statute affected by this adoption is Texas Occupations Code, Chapter 1101, specifically section 1101.158. No other statute, code or article is affected by the new rule.
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 9, 2023.
TRD-202302890
Vanessa E. Burgess
General Counsel
Texas Real Estate Commission
Effective date: August 29, 2023
Proposal publication date: June 9, 2023
For further information, please call: (512) 936-3284
The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.92, Continuing Education Requirements, in Chapter 535, General Provisions, without changes, as published in the June 9, 2023, issue of the Texas Register (48 TexReg 2926) and will not be republished.
The amendments to §535.92 include expand a real estate license holder's opportunity to earn up to four hours of continuing education elective credit for attendance at a single Commission meeting and clarify that such credit may only be awarded for attendance at one Commission meeting per renewal cycle. The remainder of the changes are either updates to terminology or form for consistency throughout the chapter or are made to reflect updated processes.
Thirteen comments were received. One comment asked for clarification regarding credit for meetings attended remotely, which the Executive Committee noted the rule language specifically prohibits. Another commenter supported the change but made other suggestions related to course work for license holders. One commenter requested clarification regarding the number of hours that can be earned, which the Executive Committee also noted was detailed in the rule language itself. One commenter misunderstood that this rule change does not increase the number of continuing education hours a license holder must take. Some commenters expressed concern that continuing education should be classroom based only. Other commenters thought the change to allow license holders more opportunity to obtain continuing education credit was very beneficial because Commission meetings are very informative. After reviewing the comments, the Executive Committee declined to recommend any changes to the rule as published.
The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.
The statute affected by this adoption is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the adopted amendments.
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 9, 2023.
TRD-202302889
Vanessa E. Burgess
General Counsel
Texas Real Estate Commission
Effective date: August 29, 2023
Proposal publication date: June 9, 2023
For further information, please call: (512) 936-3284