|(a) Expired license.
(1) If a license is not renewed on or before the expiration
date, it becomes expired. Beginning January 1, 2021, one-half of licenses
must be renewed on a biennial basis. Beginning January 1, 2022, all
licenses must be renewed on a biennial basis. Beginning January 1,
2021, initial licenses expire on the second January 1 after the date
the license is first issued, except for licenses issued pursuant to §273.14
of this title (relating to License Applications for Military Service
Member, Military Veteran, and Military Spouse.
(2) If a person's license has been expired for 90 days
or less, the person may renew the license by paying to the board the
amount of one and one-half times the renewal fee.
(3) If a person's license has been expired for longer
than 90 days but less than one year, the person may renew the license
by paying to the board the amount of two times the renewal fee.
(4) If a person's license has been expired for one
year or longer, the person may not renew the license but may obtain
a new license by taking and passing the jurisprudence exam and complying
with the requirements and procedures for obtaining an initial license.
If the person was not licensed as a therapeutic optometrist when the
license expired, the person must also complete the requirements for
therapeutic license in §§280.1 - 280.3 of this title (relating
to Application for Certification Required; Education; Certified Therapeutic
Optometrist Examination, respectively) prior to obtaining a new license.
(5) The board, however, may renew without examination
an expired license of a person who was previously licensed in Texas,
is currently licensed in another state, and has been in practice for
two years immediately preceding application for renewal. The person
shall be required to furnish documentation of continuous practice
for the two-year period, pay the renewal fee as established by subsection
(a)(3) of this section. The person must furnish license verifications
from each state in which the person is currently or previously licensed.
A license renewal under this section is subject to the same requirements
of §351.501 of the Act as a license applicant.
(6) Written notice of the impending license expiration
will be sent to the licensee at the licensee's last known address,
according to the records of the board.
(7) A licensee receiving a felony or misdemeanor criminal
conviction, 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, other
than a Class C Misdemeanor traffic violation, shall report the order
of conviction, deferred adjudication or court ordered community or
mandatory supervision, or revocation of parole, probation, or supervision
on the next license renewal. This requirement is in addition to the
30 day reporting requirement in §277.5 of this title (relating
to Convictions). This paragraph does not require the reporting of
a Class C Misdemeanor traffic violation. The failure of a licensee
to report a criminal conviction is deceit, dishonesty and misrepresentation
in the practice of optometry and authorizes the board to take disciplinary
action under §351.501 of the Act. The licensee shall furnish
any document relating to the criminal conviction as requested by the
(8) Only an active licensee who has provided a complete
fingerprint criminal history report to the Board is eligible to renew
a license. During the period 2018 to 2022, one-fifth of current active
licensees who have not submitted the report will be notified each
year by the Board to provide the report. Licensees so notified shall
submit fingerprints to the authority authorized by the Department
of Public Safety to take the fingerprints in the form required by
that authority. A license will not be renewed until the notified licensee
has complied with the requirement to submit fingerprints.
(b) Mandatory Continuing Education for Renewal of License.
(1) The board may not issue a renewal license to a
licensee who has not complied with the mandatory continuing education
requirements unless an exemption provided by §275.1 of this title
(relating to General Requirements) is applicable.
(2) If a licensee has not fulfilled the required continuing
education requirements prior to the license renewal date, the license
shall expire. To renew that expired license, the licensee may obtain
and provide the board with certified attendance records that the licensee
has, since the expiration of the license, completed sufficient hours
of approved continuing education courses to satisfy any deficiency.
Education obtained for renewal of an expired license cannot be applied
toward subsequent renewal of license.
(3) The licensee cannot practice optometry until such
time as education is obtained and the expired license has been renewed.
(4) The licensee must pay to the board the license
renewal fee with a late penalty fee authorized by §351.304 of
the Act, plus a penalty authorized by §351.308 of the Act, in
an amount equal to the amount of the license renewal fee.
(5) The executive director shall determine if all requirements
for renewal of license have been fulfilled, and will notify the licensee
when the practice of optometry can resume.
(6) To practice optometry with an expired license shall
constitute the practice of optometry without a license.
(c) Outstanding Administrative Penalty or Failure to
Comply with Board Condition.
(1) The Board may refuse to renew a license to a person
(A) not paid an administrative penalty owed to the
Board at the time of renewal; or
(B) not complied with a term or condition of a disciplinary
order or agreement issued by the Board.
(2) The Board may refuse to renew a license, until
such time as:
(A) every administrative penalty payable on or before
the time of renewal is paid; or
(B) all terms or conditions of a disciplinary order
or agreement issued by the Board are satisfied.
|Source Note: The provisions of this §273.8 adopted to be effective September 10, 1993, 18 TexReg 5745; amended to be effective August 2, 1998, 23 TexReg 7563; amended to be effective April 7, 2003, 28 TexReg 2923; 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 6153; amended to be effective March 9, 2009, 34 TexReg 1591; amended to be effective August 28, 2011, 36 TexReg 5362; amended to be effective September 11, 2017, 42 TexReg 4650; amended to be effective September 27, 2018, 43 TexReg 6281; amended to be effective December 9, 2019, 44 TexReg 7540