| (a) The Act, §351.501(a)(3), and Texas Occupations
Code Chapter 53, provide that the Board may suspend or revoke an existing
valid license, disqualify a person from receiving a license, or deny
to a person the opportunity to be examined for a license because of
a person's conviction of a felony or misdemeanor, including being
placed on 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, if the crime directly
relates to duties and responsibilities of a licensed optometrist or
therapeutic optometrist.
(b) A licensee or applicant 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,
shall report the order of conviction, deferred adjudication or court
ordered community or mandatory supervision, or revocation of parole,
probation, or supervision within 30 days of the date the court issued
the order. This subsection does not require the reporting of a Class
C Misdemeanor traffic violation. The failure of a licensee or applicant
to report a 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 conviction as requested by the Board.
(c) The Texas Optometry Act authorizes licensees to
provide health services.
(d) A person currently incarcerated because of a felony
conviction or revocation of parole, probation or court ordered supervision
in a felony case may not sit for examination, obtain a license under
this act, or renew a previously issued license to practice optometry
or therapeutic optometry.
(e) In considering whether a criminal conviction directly
relates to the occupation of an optometrist or therapeutic optometrist,
the Board shall consider the factors listed in Texas Occupations Code §53.022.
(f) The practice of optometry and therapeutic optometry
places the optometrist or therapeutic optometrist in a position of
public trust. A licensee practices in an autonomous role in treating
patients young and old; in prescribing, administering and safely storing
dangerous drugs including controlled substances; in preparing and
safeguarding confidential records and information; and in accepting
client funds. Therefore the crimes considered by the Board to relate
to the practice of optometry and therapeutic optometry include, but
are not limited to:
(1) any felony or misdemeanor of which fraud, dishonesty
or deceit is an essential element;
(2) any criminal violation of the Optometry Act, or
other statutes regulating or pertaining to the practice or profession
of optometry and therapeutic optometry;
(3) any criminal violation of statutes regulating other
professions in the healing arts;
(4) any crime involving moral turpitude;
(5) murder;
(6) burglary;
(7) robbery;
(8) theft;
(9) sex offense;
(10) perjury;
(11) child molesting; and
(12) substance abuse or substance diversion.
(g) In determining the present fitness of a person
who has been convicted of a crime, the Board shall consider the factors
listed in Texas Occupations Code §53.023.
(h) It shall be the responsibility of the applicant
for license to secure and provide to the Board the recommendations
of the prosecution, law enforcement, and correctional authorities
regarding all offenses.
(i) The applicant for license shall also furnish proof
in such form as may be required by the Board, that the licensee maintained
a record of steady employment and has supported licensee dependents
and has otherwise maintained a record of good conduct and has paid
all outstanding court costs, supervision fees, fines and restitution
as may have been ordered in all criminal cases in which the licensee
has been convicted.
(j) Upon suspension or revocation of a license, or
denial of an application for license or examination because of the
person's prior conviction of a crime and the relationship of the crime
to the license, the Board shall notify the person in writing:
(1) of the reasons for the suspension, revocation,
denial, or disqualification;
(2) of the review procedure provided by Texas Occupations
Code §53.052; and
(3) of the earliest date that the person may appeal.
(k) The Board, however, shall be under no duty to generate
evidence with respect to the matters listed in Texas Occupations Code
Chapter 53.
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| Source Note: The provisions of this §277.5 adopted to be effective August 11, 1983, 8 TexReg 2934; amended to be effective January 7, 1994, 18 TexReg 9931; amended to be effective March 18, 2004, 29 TexReg 2642; amended to be effective August 28, 2011, 36 TexReg 5362; amended to be effective February 12, 2023, 48 TexReg 680 |
