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RULE §279.13Professional Responsibility for Off-Site Examinations: Improper Solicitation of Patients

(a) The Texas Optometry Act was enacted in part to safeguard the visual welfare of the public and the optometrist-patient relationship and to fix professional responsibility with respect to the patient.

(b) In order to comply with these objectives and to assure patients will have adequate follow-up care, this rule applies to licensed optometrists or therapeutic optometrists who practice optometry or therapeutic optometry, including the examination and prescribing or supplying of lenses to patients away from their place of practice such as:

  (1) a nursing home or other abode to patients confined therein,

  (2) an industrial site, when requested to do so, or

  (3) a school site when requested to do so by the school administration.

(c) The optometrist or therapeutic optometrist must have an office location or place of practice within reasonable traveling distance of such examination site, or, in the alternative must have made arrangements, confirmed in writing prior to offering or providing services, for continued care with a qualified eye health professional with an office location or place of practice within reasonable traveling distance of such examination site, or assured telehealth access for continued care.

(d) Failure to comply with this rule shall be deemed as practicing from house-to-house and the improper solicitation of patients in violation of the Act, §351.455. In addition, the optometrist must comply with the requirements of §351.351 to maintain current information regarding practice locations with the office.

Source Note: The provisions of this §279.13 adopted to be effective November 19, 1992, 17 TexReg 7895; amended to be effective September 10, 1993, 18 TexReg 5745; amended to be effective August 1, 1999, 24 TexReg 5871; amended to be effective February 12, 2023, 48 TexReg 681

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