SECTION 140.280. Renewal of Registration

(a) Purpose. The purpose of this section is to establish the rules governing renewal of registration certificates.

(b) General.

(1) When issued, a registration certificate is valid through the registrant's next birth month for a two-year term, as determined by the department.

(2) A registrant must renew the registration certificate in order to remain registered.

(3) Each registrant is responsible for renewing the registration certificate before the expiration date indicated on the face of the certificate and shall not be excused from paying the late registration fee. Failure to receive notification from the Department of State Health Services (department) prior to the expiration date of the registration certificate will not excuse failure to apply for renewal or late renewal.

(4) The department will not renew the registration of a registrant who is in violation of the Opticians' Registry Act (Act) or this subchapter at the time of application for renewal.

(5) The department shall not renew a registration if renewal is prohibited by the Education Code, §57.491 (relating to Loan Default Ground for Nonrenewal of Professional or Occupational License).

(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 (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) Notices of renewal approval, disapproval, or deficiency shall be in accordance with §140.278(f) of this title (relating to Application Procedures and Requirements for Registration).

(c) Registration renewal.

(1) At least 30 days prior to the expiration date of a person's registration, the department will send notice to the registrant at the address in the department's records of the expiration date of the registration and the total renewal fee, the continuing education report form, and the renewal form.

(2) The renewal form for each registrant shall require the provision of the preferred mailing address, primary employment address and telephone number, and a statement of all misdemeanor and felony offenses for which the registrant has been convicted.

(3) A registrant has submitted all renewal application materials when the registrant has mailed the renewal form, the required renewal fee, and the continuing education report form to the department prior to the expiration date of the registration. The postmark date shall be considered as the date of mailing.

(4) The department shall issue to a registrant who has met all requirements for renewal a renewed registration certificate and identification card.

(5) Each registrant is responsible for renewing the registration before the expiration date and shall not be excused from paying the late registration fee. Failure to receive notification from the department prior to the expiration date of the registration shall not excuse failure to apply for renewal or late renewal.

(d) Late renewal.

(1) The department shall inform a person who has not renewed a registration within 30 days following the expiration of the registration of the amount of the late registration fee required for renewal and the date the registration expired.

(2) A person whose registration has expired for not more than 90 days may renew the registration by submitting to the department the registration renewal form, the completed continuing education report form, and the late registration fee. A person whose registration has expired more than 90 days but less than one year may renew the registration by submitting to the department the registration renewal form, the completed continuing education report form, and a late registration fee.

(3) A person whose registration has been expired for more than one year may not renew. The person may obtain a new registration by complying with the then current requirements and procedures for obtaining a registration.

(4) If a registrant fails to timely renew his or her registration because the registrant is or was on active duty with the armed forces of the United States of America serving outside the State of Texas, the registrant may renew the registration pursuant to this paragraph.

(A) Renewal of the registration may be requested by the registrant, the registrant's spouse, or an individual having power of attorney from the registrant. The renewal form shall include a current address and telephone number for the individual requesting the renewal.

(B) Renewal may be requested before or after expiration of the registration.

(C) A copy of the official orders or other official military documentation showing that the registrant is or was on active duty serving outside the State of Texas shall be filed with the department along with the renewal form.

(D) A copy of the power of attorney from the registrant shall be filed with the department along with the renewal form if the individual having the power of attorney executes any of the documents required in this paragraph.

(E) A registrant renewing under this paragraph shall pay the renewal fee, but not the late registration fee.

(F) A registrant renewing under this paragraph shall not be required to submit any continuing education hours if continuing education is required to be shown for the renewal.

(e) Expiration of registration. A person whose registration has expired may not refer to himself or herself by any of the titles listed in §140.279(g) of this title (relating to Issuance of Certificate of Registration).

(f) A retired registrant who wishes to use the titles authorized by §140.279(g) of this title, only in the provision of voluntary charity care, may renew the registration every two years by submitting the renewal form and the retired optician registration renewal fee in accordance with the renewal procedures described in this section. Voluntary charity care means engaging in the practice of contact lens dispensing and/or spectacle dispensing at no cost to the consumer.

Source Note: The provisions of this §140.280 adopted to be effective August 14, 2008, 33 TexReg 6394