22 Tex. Admin. Code § 277.5 - Convictions
(a) The Act, §351.501(a)(3), and Texas
Occupations Code Chapter 53, provide that the Board may suspend or revoke an
existing valid license, disqualify a person from receiving a license, or deny
to a person the opportunity to be examined for a license because of a person's
conviction of a felony or misdemeanor, including being placed on deferred
adjudication or court ordered community or mandatory supervision, with or
without an adjudication of guilt, or revocation of parole, probation or court
ordered supervision, if the crime directly relates to duties and
responsibilities of a licensed optometrist or therapeutic
optometrist.
(b) A licensee or
applicant receiving a felony or misdemeanor criminal conviction, including
deferred adjudication or court ordered community or mandatory supervision, with
or without an adjudication of guilt, or revocation of parole, probation or
court ordered supervision, shall report the order of conviction, deferred
adjudication or court ordered community or mandatory supervision, or revocation
of parole, probation, or supervision within 30 days of the date the court
issued the order. This subsection does not require the reporting of a Class C
Misdemeanor traffic violation. The failure of a licensee or applicant to report
a conviction is deceit, dishonesty and misrepresentation in the practice of
optometry and authorizes the Board to take disciplinary action under
§351.501 of the Act. The licensee shall furnish any document relating to
the conviction as requested by the Board.
(c) The Texas Optometry Act authorizes
licensees to provide health services.
(d) A person currently incarcerated because
of a felony conviction or revocation of parole, probation or court ordered
supervision in a felony case may not sit for examination, obtain a license
under this act, or renew a previously issued license to practice optometry or
therapeutic optometry.
(e) In
considering whether a criminal conviction directly relates to the occupation of
an optometrist or therapeutic optometrist, the Board shall consider the factors
listed in Texas Occupations Code §
53.022.
(f) The practice of optometry and therapeutic
optometry places the optometrist or therapeutic optometrist in a position of
public trust. A licensee practices in an autonomous role in treating patients
young and old; in prescribing, administering and safely storing dangerous drugs
including controlled substances; in preparing and safeguarding confidential
records and information; and in accepting client funds. Therefore the crimes
considered by the Board to relate to the practice of optometry and therapeutic
optometry include, but are not limited to:
(1)
any felony or misdemeanor of which fraud, dishonesty or deceit is an essential
element;
(2) any criminal violation
of the Optometry Act, or other statutes regulating or pertaining to the
practice or profession of optometry and therapeutic optometry;
(3) any criminal violation of statutes
regulating other professions in the healing arts;
(4) any crime involving moral
turpitude;
(5) murder;
(6) burglary;
(7) robbery;
(8) theft;
(9) sex offense;
(10) perjury;
(11) child molesting; and
(12) substance abuse or substance
diversion.
(g) In
determining the present fitness of a person who has been convicted of a crime,
the Board shall consider the factors listed in Texas Occupations Code §
53.023.
(h) It shall be the responsibility of the
applicant for license to secure and provide to the Board the recommendations of
the prosecution, law enforcement, and correctional authorities regarding all
offenses.
(i) The applicant for
license shall also furnish proof in such form as may be required by the Board,
that the licensee maintained a record of steady employment and has supported
licensee dependents and has otherwise maintained a record of good conduct and
has paid all outstanding court costs, supervision fees, fines and restitution
as may have been ordered in all criminal cases in which the licensee has been
convicted.
(j) Upon suspension or
revocation of a license, or denial of an application for license or examination
because of the person's prior conviction of a crime and the relationship of the
crime to the license, the Board shall notify the person in writing:
(1) of the reasons for the suspension,
revocation, denial, or disqualification;
(2) of the review procedure provided by Texas
Occupations Code §
53.052;
and
(3) of the earliest date that
the person may appeal.
(k) The Board, however, shall be under no
duty to generate evidence with respect to the matters listed in Texas
Occupations Code Chapter 53.
Notes
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