HBA-DMD, MPM H.B. 2394 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2394
By: Maxey
Public Health
10/19/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the Texas Optometry Act (Act) regulated the
practice of optometry in Texas.  H.B. 2394 amends this Act to except
certain applicants who wish to take a licensing examination to practice
therapeutic optometry and who have not yet graduated from a college of
optometry.  Furthermore, this bill authorizes the Texas Optometry Board to
issue a license to practice therapeutic optometry without requiring an
applicant to pass all or part of the required examination under certain
conditions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subsection (a), Article 4552-3.02, V.T.C.S. (Texas
Optometry Act), to authorize an applicant to take an examination without
having graduated from a reputable college of optometry if the dean of such
a college that meets the requirements of the Texas Optometry Board (board)
notifies the board in writing that the applicant is enrolled in good
standing in the college and is in the final semester before graduation and
the applicant meets the other requirements of this subsection. 

SECTION 2.  Amends Article 3, Article 4552-3.01 et seq., V.T.C.S. (Texas
Optometry Act), by adding Section 3.085, as follows: 

Sec. 3.085. LICENSE WITHOUT EXAMINATION.  Authorizes the board to issue a
license to practice therapeutic optometry without requiring the applicant
to pass all or part of the examination required by Section 3.01 of the
Texas Optometry Act (Act) if: 
 
_the applicant is licensed in good standing as a therapeutic optometrist in
another state, the District of Columbia, or a territory of the United
States; 
_the applicant has passed an examination that is equivalent or superior to
the examination required by Section 3.01 of this Act;  
_during at least five of the seven years preceding the application date,
the applicant has been actively engaged in the practice of therapeutic
optometry or engaged in full-time teaching at an accredited college of
optometry or medicine; 
_there are no pending disciplinary actions against the applicant in the
state, district, or territory in which the applicant is licensed; and 
_the applicant's license has never been suspended or revoked.

SECTION 3.  Effective date:  September 1, 1999

SECTION 4.  Emergency clause.