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RULE §279.11Relationship with Dispensing Optician - Books and Records

(a) Texas Optometry Act, §351.364, relating to relationships with dispensing opticians, states: The purpose of this section is to insure that the practice of optometry or therapeutic optometry shall be carried out in such a manner that it is completely and totally separated from the business of any dispensing optician, with no control of one by the other and no solicitation for one by the other.

(b) It is therefore the interpretation of this Board that an optometrist or therapeutic optometrist practicing under his own name and dispensing, repairing, or duplicating lenses and/or frames in his own office as part of his optometric practice would not be required to keep separate records or books by virtue of the fact that it is all part of his practice of optometry and not a separate dispensing business.

Source Note: The provisions of this §279.11 adopted to be effective September 9, 2001, 26 TexReg 6679; amended to be effective February 12, 2023, 48 TexReg 681

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