| (a) Definitions.
(1) "Military service member" means a person who is
on active duty.
(2) "Military spouse" means a person who is married
to a military service member.
(3) "Military veteran" means a person who has served
on active duty, who was discharged or released from active duty, and
who was not dishonorably discharged.
(4) "Active duty" means current full-time military
service in the armed forces of the United States or active duty military
service as a member of the Texas military forces, as defined by §437.001,
Government Code, or similar military service of another state.
(5) "Armed forces of the United States" means the army,
navy, air force, space force, coast guard, or marine corps of the
United States or a reserve unit of one of those branches of the armed
forces.
(b) License eligibility requirements for applicants
with military experience.
(1) Verified military service, training, or education
will be credited toward the licensing requirements, other than an
examination requirement, of an applicant who is a military service
member or military veteran.
(2) This subsection does not apply if the applicant
holds a restricted license issued by another jurisdiction or has an
unacceptable criminal history.
(c) Alternate licensing procedure authorized by Texas
Occupations Code §55.004 and §55.005.
(1) Applicants currently licensed in another state.
(A) Application.
(i) The military service member, military veteran or
military spouse applicant must be licensed in good standing as a therapeutic
optometrist or the equivalent 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 Act.
(ii) The military service member, military veteran
or military spouse applicant shall submit a completed Military application,
including the submission of proof of the applicant's status as a military
service member, military veteran or military spouse along with all
documents required under §271.2 of this title.
(iii) A military service member, military veteran,
or military spouse licensed in another state is exempt from the application
fee in §273.4 of this chapter (relating to Fees (Not Refundable)).
Such an applicant is not exempt from exam administration fees charged
for an exam administered by an organization or person other than the
Board.
(iv) A license issued under this subsection shall be
a license to practice therapeutic optometry with the same obligations
and duties required of a licensed therapeutic optometrist and subject
to the same disciplinary requirements for that license.
(B) License Renewal.
(i) Initial military licenses expire on the second
January 1 after the date the license is first issued. If the initial
license is timely renewed, the licensee may thereafter renew the license
by paying the renewal fee prior to the expiration date set in §273.8
of this chapter.
(ii) The requirements for renewing the license are
the same as the requirements for renewing an active license.
(2) Requirements for license for military requirements
for renewing an active service member, military veteran or military
spouse applicant not currently licensed to practice optometry who
was licensed in Texas within five years of the application submission.
(A) Application.
(i) The military service member, military veteran or
military spouse applicant shall submit a completed Military application,
including the submission of proof of the applicant's status as a military
service member, military veteran or military spouse along with all
documents required under §271.2 of this title.
(ii) An application fee in the same amount as the application
fee set out in §273.4 of this chapter must be submitted with
the application.
(iii) A license issued under this subsection shall
be a license to practice therapeutic optometry with the same obligations
and duties required of a licensed therapeutic optometrist and subject
to the same disciplinary requirements for that license.
(B) License Renewal.
(i) Initial military licenses expire on the second
January 1 after the date the license is first issued. If the initial
license is timely renewed, the licensee may thereafter renew the license
by paying the renewal fee prior to the expiration date set in §273.8
of this chapter.
(ii) The requirements for renewing the license are
the same as the requirements for renewing an active license.
(d) Alternative method to demonstrate competency. To
protect the health and safety of the citizens of this state, a license
to practice optometry requires the licensee to obtain a doctorate
degree in optometry and passing scores on lengthy and complex nationally
accepted examinations. An alternative method to demonstrate competency
is not available at this time.
(e) Alternate licensing procedure for military service
member or military spouse authorized by Texas Occupations Code §55.0041.
(1) Application.
(A) The military service member or military spouse
applicant must be licensed in good standing as a therapeutic optometrist
or the equivalent 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 Act. For purposes
of this subsection, the Board finds that every state and territory
that issues a therapeutic license to a graduate of an accredited optometry
school has licensing requirements that are substantially equivalent
to the requirements of the Act.
(B) The military service member or military spouse
applicant shall submit:
(i) proof of the service member's or spouse's residency
in this state and a copy of the service member's or spouse's military
identification card;
(ii) a completed Federal Bureau of Investigation fingerprint
card provided by the Board;
(iii) an official license verification from the state
in which the applicant is licensed that has licensing requirements
substantially equivalent to the Act; and
(iv) application form.
(2) License.
(A) A license issued under this subsection:
(i) shall be a license to practice therapeutic optometry
with the same obligations and duties required of a licensed therapeutic
optometrist and subject to the same disciplinary requirements for
that license,
(ii) will expire three years after the license is issued,
or if occurring prior to the expiration of the three-year period,
the date when the military service member or military spouse is no
longer stationed at a military installation in this state, and
(iii) may not be renewed.
(B) The application and license is exempt from the
Texas Jurisprudence Examination and the application fee and initial
license fee in §273.4 of this chapter.
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| Source Note: The provisions of this §273.14 adopted to be effective March 23, 2014, 39 TexReg 2079; amended to be effective March 29, 2016, 41 TexReg 2316; amended to be effective December 9, 2019, 44 TexReg 7540; amended to be effective August 27, 2023, 48 TexReg 4665 |
