By: Bonnen (Senate Sponsor - Huffman) H.B. No. 675
(In the Senate - Received from the House April 14, 2009;
April 27, 2009, read first time and referred to Committee on Health
and Human Services; May 8, 2009, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 9,
Nays 0; May 8, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 675 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to a retired status license for an optometrist or
therapeutic optometrist practicing voluntary charity care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 351, Occupations Code, is
amended by adding Section 351.265 to read as follows:
Sec. 351.265. RETIRED STATUS. (a) The board by rule may
allow a license holder to place the person's license on retired
status. A license holder must apply to the board for retired
status, on a form prescribed by the board, before the expiration
date of the person's license.
(b) In determining whether to grant retired status, the
board shall consider the age, years of practice, and status of the
license holder at the time of the application.
(c) A license holder on retired status:
(1) must pay a license renewal fee in an amount equal
to the renewal fee for a license on inactive status; and
(2) except as provided by Subsection (f), may not
perform any activity regulated under this chapter.
(d) To reinstate a license placed on retired status, the
license holder must submit a written request for reinstatement to
the board. The board may return the license to active status and
issue a renewal license if the license holder complies with any
education or other requirement established by board rule and pays
the renewal fee in effect at the time of the requested
reinstatement.
(e) The board may charge a reasonable administrative fee to
cover the cost of research and the preparation of documentation for
the board's consideration of a request for reinstatement of a
license on retired status.
(f) A license holder on retired status may perform an
activity regulated under this chapter if the license holder's
practice consists only of voluntary charity care, as defined by
board rule. The board's rules under this subsection must prescribe
the scope of practice permitted for the license holder, the license
holder's authority to prescribe and administer drugs, and any
continuing education requirements applicable to the license
holder. The scope of practice of a license holder on retired status
may not be greater than the scope of practice of the same license
holder on active status.
SECTION 2. Subchapter G, Chapter 351, Occupations Code, is
amended by adding Section 351.3065 to read as follows:
Sec. 351.3065. RENEWAL OF EXPIRED LICENSE BY RETIRED
OPTOMETRIST OR THERAPEUTIC OPTOMETRIST. The board may renew the
license of a person whose license has been expired for one year or
more without requiring the person to comply with the requirements
and procedures for an original license if the person places the
person's renewed license on retired status and confines the
person's practice solely to voluntary charity care under Section
351.265(f).
SECTION 3. Not later than December 1, 2009, the Texas
Optometry Board shall adopt rules necessary to implement the
changes in law made by this Act.
SECTION 4. (a) Section 351.265, Occupations Code, as added
by this Act, applies to an application for retired status filed on
or after January 1, 2010.
(b) Section 351.3065, Occupations Code, as added by this
Act, applies to an application for renewal of an expired license
filed on or after January 1, 2010.
SECTION 5. This Act takes effect September 1, 2009.
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