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RULE §273.5Clinical Instruction and Practice - Limited License for Clinical Faculty

(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 Accreditation Council on Optometric Education (ACOE) or a state recognized accrediting entity;

  (2) the applicant must be a graduate of an institution accredited by the ACOE;

  (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; and

  (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 the institution.

(g) A student currently enrolled in an approved college of optometry or school may participate in clinical instruction and practice, provided that:

  (1) The clinical instruction and practice is conducted on the premises of an approved college of optometry or school, or the affiliated clinics and offices, under the instruction and supervision of a licensed optometrist, or physician employed by the college of optometry; or

  (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 college of optometry or school. 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; amended to be effective May 30, 2022, 47 TexReg 3138

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