(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 therapeutic 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.
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