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TITLE 22EXAMINING BOARDS
PART 14TEXAS OPTOMETRY BOARD
CHAPTER 277PRACTICE AND PROCEDURE
RULE §277.12Denial Of License And Disciplinary Action By Board

(a) Denial of License. The Board may refuse to issue a license to an applicant, if the Board determines that:

  (1) the applicant is guilty of fraud, deceit, dishonesty, or misrepresentation in the practice of optometry or in seeking admission to that practice;

  (2) the applicant is unfit or incompetent by reason of negligence;

  (3) the applicant has been convicted of a misdemeanor involving moral turpitude or a felony;

  (4) the applicant has developed an incapacity that prevents or could prevent the applicant from practicing optometry or therapeutic optometry with reasonable skill, competence, and safety to the public;

  (5) the applicant has wilfully or repeatedly violated this chapter or a board rule adopted under this chapter;

  (6) the applicant has acted to deceive, defraud, or harm the public;

  (7) the applicant is guilty of gross incompetence in the practice of optometry or therapeutic optometry;

  (8) the applicant has engaged in a pattern of practice or other behavior demonstrating a wilful provision of substandard care;

  (9) the applicant has committed an act of sexual abuse, misconduct, or exploitation with a patient or has otherwise unethically or immorally abused the doctor-patient relationship;

  (10) the applicant has prescribed, sold, administered, distributed, or given a drug legally classified as a controlled substance or as an addictive or dangerous drug for other than an accepted diagnostic or therapeutic purpose;

  (11) the applicant has failed to report to the Board the relocation of the applicant's office not later than the 30th day after the date of relocation, whether in or out of this state;

  (12) the applicant's violation of a law of this state, other than Texas Occupations Code Chapter 351, or a rule of another licensing board in this state, or of a statute or rule of another state if the violation constitutes a violation of the laws of this state or a board rule; or

  (13) the applicant has violated the provisions of a disciplinary order or agreement issued by the Board.

(b) Disciplinary Action. The Board may revoke or suspend a license, place on probation a license holder whose license has been suspended, impose a fine, impose a stipulation, limitation, or condition relating to continued practice, including conditioning continued practice on counseling or additional education, or reprimand a license holder if the Board determines that:

  (1) the license holder is guilty of fraud, deceit, dishonesty, or misrepresentation in the practice of optometry or therapeutic optometry or in seeking admission to that practice;

  (2) the license holder is unfit or incompetent by reason of negligence;

  (3) the license holder has been convicted of a misdemeanor involving moral turpitude or a felony;

  (4) the license holder has developed an incapacity that prevents or could prevent the license holder from practicing optometry or therapeutic optometry with reasonable skill, competence, and safety to the public;

  (5) the license holder has directly or indirectly employed, hired, procured, or induced a person to practice optometry or therapeutic optometry in this state without a license;

  (6) the license holder has directly or indirectly aided or abetted an unlicensed person in the practice of optometry or therapeutic optometry;

  (7) the license holder has placed the holder's license at the disposal or service of, including lending, leasing, or renting to, a person not licensed to practice optometry or therapeutic optometry in this state;

  (8) the license holder has wilfully or repeatedly violated this chapter or a board rule adopted under this chapter;

  (9) the license holder has wilfully or repeatedly represented to a member of the public that the license holder is authorized or competent to cure or treat an eye disease beyond the authorization granted by this chapter;

  (10) the license holder has had the right to practice optometry or therapeutic optometry suspended or revoked by a federal agency for a cause that the board believes warrants that action;

  (11) the license holder has acted to deceive, defraud, or harm the public;

  (12) the license holder is guilty of gross incompetence in the practice of optometry or therapeutic optometry;

  (13) the license holder has engaged in a pattern of practice or other behavior demonstrating a wilful provision of substandard care;

  (14) the license holder has committed an act of sexual abuse, misconduct, or exploitation with a patient or has otherwise unethically or immorally abused the doctor-patient relationship;

  (15) the license holder has prescribed, sold, administered, distributed, or given a drug legally classified as a controlled substance or as an addictive or dangerous drug for other than an accepted diagnostic or therapeutic purpose;

  (16) the license holder has failed to report to the board the relocation of the applicant's or license holder's office not later than the 30th day after the date of relocation, whether in or out of this state;

  (17) the license holder has practiced or attempted to practice optometry while the license holder's license was suspended;

  (18) the applicant's violation of a law of this state, other than Texas Occupations Code Chapter 351, or a rule of another licensing board in this state, or of a statute or rule of another state if the violation constitutes a violation of the laws of this state or a board rule; or

  (19) the applicant has violated the provisions of a disciplinary order or agreement issued by the Board.


Source Note: The provisions of this §277.12 adopted to be effective September 27, 2018, 43 TexReg 6281

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