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RULE §271.2Applications

(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 jurisprudence examination.

(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

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