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RULE §273.8Renewal of License

(a) Expired license.

  (1) If a license is not renewed on or before January 1 of each year, it becomes expired.

  (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 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 mailed 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 Board.

  (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 within the calendar year preceding 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 in the previous year. Education obtained for renewal of an expired license cannot be applied toward renewal of license for the following year.

  (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 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

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