|(a) Issuance of limited license. The criteria for the
issuance of a limited faculty license are as follows:
(1) the applicant must be a full-time faculty member
of an institution accredited by the Council on Optometric Education
of the American Optometric Association (COEAOA) or a state recognized
(2) the applicant must be a graduate of an institution
accredited by the COEAOA;
(3) the applicant's practice must be limited to the
premises of the institution and its affiliated clinics;
(4) the practice must be an adjunct to the institution's
teaching program; and
(5) the applicant must have paid the fees required
by §273.4 of this title (relating to Fees).
(b) Duties and Responsibilities of Dean of Institution.
As a condition to continued approval of the institution, the board
imposes the following duties and responsibilities upon the dean of
the institution relating to those faculty members performing professional
optometric services in programs of the institution. The dean shall:
(1) furnish each applicant for a limited faculty license
a certificate that such applicant is a bona fide member of the faculty;
(2) report immediately to the board any information
received relating in any way to a member of the faculty holding only
a limited license who is performing professional optometric services
other than as an adjunct to such faculty member's function at the
institution. Every reasonable means to prevent such unlawful practice
shall be used by the dean;
(3) cooperate fully and completely with the board toward
the end that the limited license provided will be used only for the
purpose for which it is intended;
(4) promptly notify the board of any changes in limited
license personnel on the faculty.
(c) Application and renewal. Each member of the faculty
desiring a limited license shall make written application to the executive
director of the board and attach to the application the original certificate
of the dean herein above provided and shall enclose therewith the
payment of a fee of $50 for the issuance of the limited license and
the fee imposed by Section 351.153 of the Texas Optometry Act. The
annual renewal fee for a limited license is equal to the fee charged
for a regular license as specified in §273.4 of this title (relating
to Fees). Holders of limited licenses shall also be required to meet
the same continuing education requirements as holders of regular licenses.
Said renewal fee shall be due on January 1 and expire after December
31 of each year. Failure to pay the renewal fee on or before January
1 shall subject the license to the same requirements of renewal as
a regular license, including late penalties.
(d) Validity of limited license. The limited license
shall be valid as long as the holder thereof remains a faculty member
of the institution and abides by all regulations of the board.
(e) Limitation of limited license. It shall be a violation
of this rule for the holder of a limited license who is not regularly
licensed under the statutes to perform optometric services in any
manner except as part of the program of the institution and as an
adjunct to teaching functions in the institution.
(f) Revocation of limited license. Those persons granted
a limited license shall be subject to the same disciplinary procedures
as the holder of a regular license. If, after disciplinary proceedings
as set out in board rules, a holder of a limited license is found
to be in violation of the Texas Optometry Act or board rules, the
board may revoke the limited license. In such event, the executive
director shall promptly notify the limited licensee and the dean of
(g) A student currently enrolled in an approved in-state
college of optometry may participate in clinical instruction and practice,
(1) The clinical instruction and practice is conducted
on the premises of an approved in-state college of optometry, or the
college's affiliated clinics, under the instruction and supervision
of a licensed optometrist or physician employed by the college of
(2) The clinical instruction and practice is conducted
as an externship in the office of a licensed optometrist or physician
appointed as a clinical instructor by an approved in-state college
of optometry. The clinical training must be under the instruction
and supervision of the appointed clinical instructor.
(h) No provision of this rule is intended to remove
an exemption provided by statute.
|Source Note: The provisions of this §273.5 adopted to be effective September 10, 1993, 18 TexReg 5745; amended to be effective February 18, 1994, 19 TexReg 789; amended to be effective February 15, 1995, 20 TexReg 647; amended to be effective August 2, 1998, 23 TexReg 7563; amended to be effective April 7, 2003, 28 TexReg 2923; amended to be effective May 26, 2013, 38 TexReg 3346