|(a) The applicant shall make application furnishing
to the executive director, on forms to be furnished by the board,
satisfactory evidence that the applicant has attained the age of 21
years, and has a preliminary education equivalent to permit matriculation
in the University of Texas, and that the applicant has attended and
graduated from a reputable university or college of optometry which
meets with the requirements of the board, or in the alternative, submit
a written statement from the dean of a reputable college of optometry
that the applicant is enrolled in good standing in the college and
is in the final semester before graduation, and such other information
as the board may deem necessary for the enforcement of the Act.
(b) The applicant shall report all felony and misdemeanor
criminal convictions, including deferred adjudication or court ordered
community or mandatory supervision, with or without an adjudication
of guilt or revocation of parole, probation or court ordered supervision
on the application. Failure of an applicant to report every criminal
conviction is deceit, dishonesty and misrepresentation in seeking
admission to practice and authorizes the board to take disciplinary
action under §351.501 of the Act. An applicant is not required
to report a Class C Misdemeanor traffic violation. The applicant shall
furnish any document relating to the criminal conviction as requested
by the Board. The applicant shall also provide a complete criminal
history by submitting fingerprints to the authority authorized by
the Department of Public Safety to take the fingerprints in the form
required by that authority.
(c) In such application, the applicant shall state
that the applicant will abide by the laws of this state regulating
the practice of optometry and that all facts, statements and answers
contained in the application are true and correct. Such application
shall be signed and dated.
(d) Applicants shall submit proof that the applicant
is legally entitled to the issuance of a license under federal law.
Applicants shall submit a report of out-of-state disciplinary action
prepared by an approved national databank.
(e) Any person furnishing false information in such
application shall be denied the right to take the examination, or
if the applicant has been licensed before it is made known to the
board of the falseness of such information, such license shall be
subject to suspension, revocation, or cancellation in accordance with
the Act, §351.501.
(f) Applications submitted by graduates of an approved
college of optometry must contain a certified copy of the optometry
school transcript. A license will not be issued until the applicant
has submitted certified copies of the transcript of record from preoptometry
and optometry colleges attended by the applicant, which certified
transcript of record shall show the total number of hours of attendance,
the subjects studied, the grades or marks given, and the date of graduation
of the applicant. All required documents, including transcripts, license
verifications, birth certificates, and criminal histories must be
received by the executive director prior to the date which is one
year after successful passage of the board's jurisprudence examination;
otherwise, the applicant must reapply and take and pass the board's
(g) The completed application and examination fee must
be filed with the executive director by the first day of the month
prior to the exam.
(h) The fee for taking the examination shall be $150.
The fee is non-refundable and non-transferable.
(i) Any applicant who is refused a license because
of failure to pass the examination shall be permitted to take a second
examination without resubmitting an application, provided:
(1) the applicant submits a payment of $150;
(2) the second examination is taken within a period
of one year from the date the examination was first taken; and
(3) a written request to take the second examination
and the required fee is received by the executive director at least
30 days prior to the date of the examination requested.
(j) If an applicant is refused a license because of
failure to pass the second examination, the applicant must reapply
and take and pass the board's jurisprudence examination.
(k) No application fee for examination will be returned
to any applicant after the application has been accepted by the board,
because of the decision of the applicant not to stand for the scheduled
examination or failure for any reason to take the examination.
|Source Note: The provisions of this §271.2 adopted to be effective August 11, 1983, 8 TexReg 2933; amended to be effective September 10, 1993, 18 TexReg 5744; amended to be effective August 2, 1998, 23 TexReg 7561; amended to be effective October 14, 1999, 24 TexReg 8747; amended to be effective September 26, 2002, 27 TexReg 8927; amended to be effective December 28, 2003, 28 TexReg 11258; amended to be effective September 13, 2005, 30 TexReg 5800; amended to be effective September 12, 2007, 32 TexReg 6152; amended to be effective August 28, 2011, 36 TexReg 5362; amended to be effective June 11, 2014, 39 TexReg 4431; amended to be effective September 11, 2017, 42 TexReg 4650; amended to be effective August 23, 2021, 46TexReg 5188