| (a) Expired license.
(1) If a license is not renewed on or before the expiration
date, it becomes expired. All licenses renew on a biennial basis.
Initial licenses expire on the second January 1 after the date the
license is first issued.
(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 reapplying and passing the jurisprudence exam and
complying with the requirements and procedures for obtaining an initial
license. However, the Board may reinstate a license without requiring
reapplication and reexamination of the jurisprudence 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 reinstatement. The
person shall be required to furnish documentation of continuous practice
for the two-year period and 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.
(5) For licenses expired for more than one year, 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.
(6) A licensee receiving a felony or misdemeanor criminal
conviction as outlined under Occupations Code Chapter 53 shall report
the conviction 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 Board.
(7) Only an active licensee who has provided a complete
fingerprint criminal history report to the Board is eligible to renew
a license.
(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 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.
(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
who has:
(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; amended to be effective August 27,2023, 48 TexReg 4665 |
