Texas Register, Volume 23, Number 31, Pages 7663-7938, July 31, 1998 Page: 7,701
7663-7938 p. ; 28 cm.View a full description of this periodical.
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E) An applicant wh fails two sucessi examina
tions may not reapply until the applicant eempletes all remedial work
as prescribed by the department.
[(4) Required examination]
(1) [(A)] The examination administered by the American
Board of Opticianry, or its successor, is the examination for registered
spectacle dispensing opticians.
(2) [(B)] The examination administered by the National
Contact Lens Examiners, or its successor, is the examination for
registered contact lens dispensers.
(e) Determining eligibility. The department shall receive and
approve or disapprove all applications for registration as registered
spectacle dispensing opticians or registered contact lens dispensers
or both. The administrator shall be responsible for reviewing all
applications.
(1) (No change.)
(2) An application for a registration shall be disapproved
if the applicant has:
(A) (No change.)
(B) failed to pass the examination prescribed by the
department as set out in subsection (d) of this section;]
(B) [(C)] failed to or refused to properly complete
or submit any application form, endorsement, or fee or deliberately
presented false information on any form or document required by the
department;
(C) [(D)] violated any provision of the Act or this
chapter;
(D) [(E)] been convicted of a felony or misdemeanor
as set out in 129.12 of this title (relating to Registration of Applicants
With Criminal Backgrounds); or
(E) [(F)] violated any provision of state law relating
to the practice of dispensing opticians.
(3) (No change.)
(f) (No change.)
129.8. Renewal of Registration.
(a) (No change.)
(b) General.
(1)-(4) (No change.)
(5) The department shall not renew a registration [license]
if renewal is prohibited by the Education Code, 57.491.
(6) The department shall not renew a registration if
renewal is prohibited by a court order or attorney general's order
issued pursuant to the Family Code, Chapter 232 (relating to
Suspension of License for Failure to Pay Child Support), as set out
in 1.301 of this title (relating to Suspension of License for Failure
to Pay Child Support.
(7) [(46)] Notices of renewal approval, disapproval, or
deficiency shall be in accordance with 129.5(f) of this title (relating
to Application Procedures and Requirements for Registration).
(c) Registration renewal.
(1)-(3) (No change.)(4) The department shall issue to a registrant who has
met all requirements for renewal a renewed registration certificate
[card] and identification card.
(5) (No change.)
(d) (No change.)
(e) Expiration of registration.
[(-t-)] A person whose registration has expired may not
refer to himself or herself by any of the titles listed in 129.7(g) of
this title (relating to Issuance of Certificate of Registration).
2)A person who fails to renew a registration is required
to surrender the registration certificate and identification card to the
da tmet after 480 days from expiration f the registration or upon
demand.]
129.9. Requirements for Continuing Education.
(a)-(d) (No change.)
(e) Accrual carryover. Earned continuing education hours
exceeding the minimum requirements in a previous renewal period
shall first be applied to the continuing education requirements for the
current renewal period. A maximum of five additional clock hours
may be accrued during a registration period to be applied to the next
consecutive renewal period. [provided; however, a] A maximum of
10 additional clock hours may be accrued for dual registrants during
a registration period to be applied to the next consecutive renewal
period.
129.10. Change of Name or Address.
(a)-(b) (No change.)
He) Any hange shall be submitted in writing to the
administrator and includeA the name old address and new address.]
(c) [(d)] Before any new registration certificate or identifi-
cation card will be issued by the department, notification of a name
change must be forwarded to the administrator and shall include [a
duly executed affidavit and] a copy of a marriage certificate, court
decree evidencing such change, or a social security card reflecting
the new name.
(d) [(e)] The registrant shall return any previously issued
certificate or identification card and remit the appropriate replacement
fee as set out in 129.4 of this title (relating to Fees).
129.11. Violations, Complaints, Investigation of Complaints, and
Disciplinary Actions.
(a) Purpose. The purpose of this section is to set out:
(t-) violations and prohibited ation under the Opti-
eian'os Registry Act (Aet) and this chapter;
(1) [(2)] procedures concerning complaints alleging vio-
lations of the Act or this chapter; and
(2) [(3)] Texas Department of Health (department) ac-
tions against a person when violations have occurred.
(b)-(c) (No change.)
(d) Investigation of complaints.
(1)-(4) (No change.)
(5) If the administrator determines that there are sufficient
grounds to support the complaint, the administrator may propose to
deny, suspend, revoke, probate, or not renew a registration with the
concurrence or ratification of the Complaints Subcommittee, if such
subcommittee exists.PROPOSED RULES July 31, 1998 24 TexReg 7701
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Texas. Secretary of State. Texas Register, Volume 23, Number 31, Pages 7663-7938, July 31, 1998, periodical, July 31, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113850/m1/40/: accessed June 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.