(1) Requirements for Provisional License. On application
for examination, a candidate may apply for a provisional license under
the following circumstances:
(A) The applicant must be licensed in good standing
as a therapeutic optometrist 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 Texas
Optometry Act, and must furnish proof of such licensure on board forms
(B) The applicant must have passed the National Board
of Examiners in Optometry (NBEO) Examination Parts I and II, after
January 1, 1984, and Part III after June of 1994, as well as the Treatment
and Management of Ocular Disease (TMOD) Examination after January
of 1985 and must submit a true and correct copy of the applicant's
(C) The applicant must have satisfied the educational
requirement of §280.2 of this title (relating to Required Education).
(D) The applicant must not have failed an examination
for a license conducted by the board.
(E) The applicant's license to practice optometry must
not have been revoked or suspended by any jurisdiction.
(2) Sponsorship. A candidate for provisional licensure
must be sponsored by a therapeutic optometrist who is currently licensed
by the board with the following conditions applicable.
(A) Prior to practice in Texas, on forms provided by
the board, the sponsor licensee will certify to the board the following:
(i) that such candidate will be working within the
same office as the licensee, under direct supervision of the sponsor
(ii) that such sponsor licensee is aware of the Act
and rules governing provisional licensure and that the sponsorship
will cease upon the invalidity of the provisional license.
(B) Sponsor licensee will be held responsible for the
unauthorized practice of optometry should such provisional license
(3) Hardship. An applicant for a provisional license
may be excused from the requirements of sponsorship if the board determines
that compliance constitutes a hardship to the applicant.
(4) Application and fee.
(A) The candidate for provisional licensure will be
subject to all application requirements required by Chapter 271 of
this title (relating to Examinations) and subject to the applicable
examination fees established under §273.4 of this title (relating
to Optometry Fees). In addition, the candidate will be subject to
a fee for issuance of a provisional license, as established under §273.4
of this title.
(B) No provisional license can be issued until all
application forms and fees are received in the board office and the
application is approved.
(C) A provisional license expires upon the earlier
to occur of the passage of 180 days or notice by the board of the
candidate's successful passage or failure of all examinations required
by Chapter 271 of this title. It shall be the responsibility of the
candidate and sponsor to return the provisional license to the board
office upon expiration.
(D) The candidate's failure to sit for the first scheduled
board examination following application for examination invalidates
the provisional license unless in the discretion of the board sufficient
and reasonable evidence regarding nonappearance exists.
(E) Each candidate for provisional license shall receive
only one nonrenewable license prior to the issuance of a therapeutic
(5) If at any time during the provisional licensure
period it is determined that the holder of such provisional license
has violated the Optometry Act or board rules, such provisional license
will be subject to termination.
|Source Note: The provisions of this §273.6 adopted to be effective September 10, 1993, 18 TexReg 5745; amended to be effective February 18, 1994, 19 TexReg 789; amended to be effective August 2, 1998, 23 TexReg 7563; amended to be effective March 21, 2012, 37 TexReg 1904; amended to be effective March 23, 2014, 39 TexReg 2079