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AN ACT
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relating to a retired status license for an optometrist or |
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therapeutic optometrist practicing voluntary charity care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 351, Occupations Code, is |
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amended by adding Section 351.265 to read as follows: |
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Sec. 351.265. RETIRED STATUS. (a) The board by rule may |
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allow a license holder to place the person's license on retired |
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status. A license holder must apply to the board for retired |
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status, on a form prescribed by the board, before the expiration |
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date of the person's license. |
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(b) In determining whether to grant retired status, the |
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board shall consider the age, years of practice, and status of the |
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license holder at the time of the application. |
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(c) A license holder on retired status: |
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(1) must pay a license renewal fee in an amount equal |
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to the renewal fee for a license on inactive status; and |
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(2) except as provided by Subsection (f), may not |
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perform any activity regulated under this chapter. |
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(d) To reinstate a license placed on retired status, the |
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license holder must submit a written request for reinstatement to |
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the board. The board may return the license to active status and |
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issue a renewal license if the license holder complies with any |
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education or other requirement established by board rule and pays |
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the renewal fee in effect at the time of the requested |
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reinstatement. |
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(e) The board may charge a reasonable administrative fee to |
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cover the cost of research and the preparation of documentation for |
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the board's consideration of a request for reinstatement of a |
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license on retired status. |
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(f) A license holder on retired status may perform an |
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activity regulated under this chapter if the license holder's |
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practice consists only of voluntary charity care, as defined by |
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board rule. The board's rules under this subsection must prescribe |
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the scope of practice permitted for the license holder, the license |
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holder's authority to prescribe and administer drugs, and any |
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continuing education requirements applicable to the license |
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holder. The scope of practice of a license holder on retired status |
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may not be greater than the scope of practice of the same license |
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holder on active status. |
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SECTION 2. Subchapter G, Chapter 351, Occupations Code, is |
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amended by adding Section 351.3065 to read as follows: |
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Sec. 351.3065. RENEWAL OF EXPIRED LICENSE BY RETIRED |
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OPTOMETRIST OR THERAPEUTIC OPTOMETRIST. The board may renew the |
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license of a person whose license has been expired for one year or |
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more without requiring the person to comply with the requirements |
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and procedures for an original license if the person places the |
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person's renewed license on retired status and confines the |
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person's practice solely to voluntary charity care under Section |
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351.265(f). |
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SECTION 3. Not later than December 1, 2009, the Texas |
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Optometry Board shall adopt rules necessary to implement the |
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changes in law made by this Act. |
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SECTION 4. (a) Section 351.265, Occupations Code, as added |
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by this Act, applies to an application for retired status filed on |
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or after January 1, 2010. |
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(b) Section 351.3065, Occupations Code, as added by this |
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Act, applies to an application for renewal of an expired license |
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filed on or after January 1, 2010. |
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SECTION 5. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 675 was passed by the House on April |
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9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 675 on May 23, 2009, by the following vote: Yeas 139, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 675 was passed by the Senate, with |
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amendments, on May 21, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |