| 1 | 1 | | H.B. No. 675 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to a retired status license for an optometrist or |
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| 6 | 6 | | therapeutic optometrist practicing voluntary charity care. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter F, Chapter 351, Occupations Code, is |
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| 9 | 9 | | amended by adding Section 351.265 to read as follows: |
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| 10 | 10 | | Sec. 351.265. RETIRED STATUS. (a) The board by rule may |
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| 11 | 11 | | allow a license holder to place the person's license on retired |
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| 12 | 12 | | status. A license holder must apply to the board for retired |
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| 13 | 13 | | status, on a form prescribed by the board, before the expiration |
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| 14 | 14 | | date of the person's license. |
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| 15 | 15 | | (b) In determining whether to grant retired status, the |
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| 16 | 16 | | board shall consider the age, years of practice, and status of the |
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| 17 | 17 | | license holder at the time of the application. |
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| 18 | 18 | | (c) A license holder on retired status: |
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| 19 | 19 | | (1) must pay a license renewal fee in an amount equal |
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| 20 | 20 | | to the renewal fee for a license on inactive status; and |
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| 21 | 21 | | (2) except as provided by Subsection (f), may not |
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| 22 | 22 | | perform any activity regulated under this chapter. |
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| 23 | 23 | | (d) To reinstate a license placed on retired status, the |
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| 24 | 24 | | license holder must submit a written request for reinstatement to |
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| 25 | 25 | | the board. The board may return the license to active status and |
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| 26 | 26 | | issue a renewal license if the license holder complies with any |
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| 27 | 27 | | education or other requirement established by board rule and pays |
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| 28 | 28 | | the renewal fee in effect at the time of the requested |
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| 29 | 29 | | reinstatement. |
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| 30 | 30 | | (e) The board may charge a reasonable administrative fee to |
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| 31 | 31 | | cover the cost of research and the preparation of documentation for |
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| 32 | 32 | | the board's consideration of a request for reinstatement of a |
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| 33 | 33 | | license on retired status. |
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| 34 | 34 | | (f) A license holder on retired status may perform an |
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| 35 | 35 | | activity regulated under this chapter if the license holder's |
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| 36 | 36 | | practice consists only of voluntary charity care, as defined by |
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| 37 | 37 | | board rule. The board's rules under this subsection must prescribe |
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| 38 | 38 | | the scope of practice permitted for the license holder, the license |
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| 39 | 39 | | holder's authority to prescribe and administer drugs, and any |
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| 40 | 40 | | continuing education requirements applicable to the license |
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| 41 | 41 | | holder. The scope of practice of a license holder on retired status |
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| 42 | 42 | | may not be greater than the scope of practice of the same license |
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| 43 | 43 | | holder on active status. |
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| 44 | 44 | | SECTION 2. Subchapter G, Chapter 351, Occupations Code, is |
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| 45 | 45 | | amended by adding Section 351.3065 to read as follows: |
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| 46 | 46 | | Sec. 351.3065. RENEWAL OF EXPIRED LICENSE BY RETIRED |
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| 47 | 47 | | OPTOMETRIST OR THERAPEUTIC OPTOMETRIST. The board may renew the |
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| 48 | 48 | | license of a person whose license has been expired for one year or |
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| 49 | 49 | | more without requiring the person to comply with the requirements |
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| 50 | 50 | | and procedures for an original license if the person places the |
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| 51 | 51 | | person's renewed license on retired status and confines the |
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| 52 | 52 | | person's practice solely to voluntary charity care under Section |
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| 53 | 53 | | 351.265(f). |
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| 54 | 54 | | SECTION 3. Not later than December 1, 2009, the Texas |
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| 55 | 55 | | Optometry Board shall adopt rules necessary to implement the |
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| 56 | 56 | | changes in law made by this Act. |
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| 57 | 57 | | SECTION 4. (a) Section 351.265, Occupations Code, as added |
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| 58 | 58 | | by this Act, applies to an application for retired status filed on |
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| 59 | 59 | | or after January 1, 2010. |
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| 60 | 60 | | (b) Section 351.3065, Occupations Code, as added by this |
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| 61 | 61 | | Act, applies to an application for renewal of an expired license |
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| 62 | 62 | | filed on or after January 1, 2010. |
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| 63 | 63 | | SECTION 5. This Act takes effect September 1, 2009. |
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| 64 | 64 | | ______________________________ ______________________________ |
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| 65 | 65 | | President of the Senate Speaker of the House |
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| 66 | 66 | | I certify that H.B. No. 675 was passed by the House on April |
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| 67 | 67 | | 9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not |
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| 68 | 68 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 69 | 69 | | No. 675 on May 23, 2009, by the following vote: Yeas 139, Nays 0, 1 |
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| 70 | 70 | | present, not voting. |
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| 71 | 71 | | ______________________________ |
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| 72 | 72 | | Chief Clerk of the House |
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| 73 | 73 | | I certify that H.B. No. 675 was passed by the Senate, with |
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| 74 | 74 | | amendments, on May 21, 2009, by the following vote: Yeas 31, Nays |
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| 75 | 75 | | 0. |
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| 76 | 76 | | ______________________________ |
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| 77 | 77 | | Secretary of the Senate |
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| 78 | 78 | | APPROVED: __________________ |
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| 79 | 79 | | Date |
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| 80 | 80 | | __________________ |
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| 81 | 81 | | Governor |
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