Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(a) This chapter does not:
(1) apply to an officer or agent of the United States or this state in performing official duties;
(2) prevent or interfere with the right of a physician licensed by the Texas Medical Board to:
(A) treat or prescribe for a patient; or
(B) direct or instruct a person under the physician's control, supervision, or direction to aid or attend to the needs of a patient according to the physician's specific direction, instruction, or prescription;
(3) prevent a person from selling ready-to-wear eyeglasses as merchandise at retail;
(4) prevent an unlicensed person from making simple repairs to eyeglasses;
(5) prevent an ophthalmic dispenser who does not practice optometry or therapeutic optometry from measuring interpupillary distances or making facial measurements to dispense or adapt an ophthalmic prescription, lens, product, or accessory in accordance with the specific directions of a written prescription signed by an optometrist, therapeutic optometrist, or licensed physician;
(6) prevent the administrator or executor of the estate of a deceased optometrist or therapeutic optometrist from employing an optometrist or therapeutic optometrist to continue the practice of the deceased during estate administration; or
(7) prevent an optometrist or therapeutic optometrist from working for the administrator or executor of the estate of a deceased optometrist or therapeutic optometrist to continue the practice of the deceased during estate administration.
(b) A direction, instruction, or prescription described by Subsection (a)(2)(B) must be in writing if it is to be followed, performed, or filled outside the physician's office.
(c) Repealed by Acts 2015, 84th Leg., ch. 838 (S.B. 202), § 3.031(1).
(d) Continuation of the practice of a deceased optometrist or therapeutic optometrist by an estate under Subsections (a)(6) and (7) must:
(1) be authorized by the county judge; and
(2) terminate before the first anniversary of the date of death of the optometrist or therapeutic optometrist.
Cite this article: FindLaw.com - Texas Occupations Code - OCC § 351.005. Application of Chapter; Exemptions - last updated January 01, 2024 | https://codes.findlaw.com/tx/occupations-code/occ-sect-351-005/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)