SECTION 140.256. Application Requirements and Procedures

(a) Contact lenses may only be dispensed by the following persons: a physician, optometrist, or therapeutic optometrist; a pharmacist; or an optician, a corporation, or other business entity that holds a valid contact lens dispensing permit issued under the Act.

(b) An employee of a corporation or business entity with a permit issued under the Act is not required to obtain a separate permit.

(c) A corporation or other business entity that dispenses contact lenses to a person in this state must obtain a contact lens dispensing permit. A corporation or other business entity with ten or more locations may obtain a single permit for the entity and its employees.

(d) An applicant for a permit must submit all required information on official application forms prescribed by the department and submit the required permit fee.

(e) The application form shall contain the following information:

(1) specific information regarding personal data, full legal name, date of birth, social security number, information regarding other licenses, registrations, permits, and certifications held by applicant, and information regarding misdemeanor and felony convictions of applicant;

(2) trade names and addresses of all locations in which the optician intends to conduct business;

(3) if applicant is a corporation or other business entity, specific information regarding type of ownership, registered address, and names and addresses of all officers, directors, registered agents and major shareholders;

(4) a statement that the applicant has read the Act and these rules;

(5) a statement that the applicant, if issued a permit, shall return the permit to the department upon revocation or suspension of the permit or other disciplinary action against the permit holder;

(6) a statement that the applicant understands that fees and materials submitted in the permitting process are nonrefundable and nonreturnable;

(7) a statement that the applicant agrees to comply with all state and federal laws and regulations regarding the sale, delivery, or dispensing of contact lenses;

(8) a statement that the information contained in the application is truthful and complete; and

(9) the signature of the applicant.

(f) The department shall not issue a permit to an applicant who has had a contact lens dispensing permit revoked or denied for cause within the 24-month period preceding the application date.

Source Note: The provisions of this §140.256 adopted to be effective December 2, 2007, 32 TexReg 8518