1. (a) The Board adopts by reference the definitions set forth in Chapter 55 of the Occupations Code.
2. (b) The Board has sole discretion in determining whether an applicant's out-of-state license is similar in scope to a license issued by the Board. Applicants may only practice optometry to the extent allowed by Texas law.
3. (c) To protect the health and safety of the citizens of this state, a license to practice optometry or therapeutic optometry requires a doctorate degree in optometry and passing scores on nationally accepted examinations. An alternative method to demonstrate competency is not available.
4. (d) An applicant under this section must pass a criminal-background check. The Board may deny an application if the applicant has a disqualifying criminal history.

5. (e) A person is in good standing with another state's licensing authority if the person:

   1. (1) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;
   2. (2) has not been disciplined by the licensing authority with respect to the person's practice of optometry or therapeutic optometry; and
   3. (3) is not currently under investigation by the licensing authority for unprofessional conduct related to the practice of optometry or therapeutic optometry.

6. (f) Alternate licensing procedure for military service member, military spouse, or military veteran authorized by Texas Occupations Code §55.004.

   1. (1) A license shall be issued to a military service member, military veteran, or military spouse upon proof of one of the following:

      1. (A) the applicant holds a current license in another state that is similar in scope of practice to Texas scope of practice and is in good standing with the other state's licensing authority; or
      2. (B) within the five years preceding the application date, the applicant held the license sought in this state.
   2. (2) As part of the application process, the Executive Director may waive any prerequisite for obtaining a license, other than the requirements listed in subsections (c) and (d) of this rule, if it is determined that the applicant's education, training, and experience provide reasonable assurance that the applicant has the knowledge and skills necessary for entry-level practice under the license sought. No waiver may be granted where a military service member or military veteran holds a license issued by another jurisdiction that has been restricted.
   3. (3) While a license application is being processed, the applicant shall be issued a provisional license to practice. The provisional license shall expire on the earlier of the date the agency approves or denies the license application or the 180th day after the date the provisional license is issued.
   4. (4) Not later than 10 days after receipt of a complete application including required supplemental documents and fingerprint criminal history background check, the agency shall process the application.
   5. (5) An applicant applying as a military spouse must submit proof of marriage to a military service member.
   6. (6) The initial renewal date for a license issued pursuant to this rule shall be set in accordance with the agency's rule governing initial renewal dates.

7. (g) Recognition of out-of-state license of military service member or military spouse authorized by Texas Occupations Code §55.0041

   1. (1) Notwithstanding any other law a military service member or military spouse may engage in the practice of optometry or therapeutic optometry without obtaining a Texas license if the applicant currently holds a license similar in scope of practice to Texas issued by the licensing authority of another state and is in good standing with that licensing authority.

   2. (2) In order for an out-of-state license to be recognized, a military service member or military spouse must submit an application on a form prescribed by the Board that includes:

      1. (A) a copy of the member's military orders showing relocation to Texas;
      2. (B) if the applicant is a military spouse, a copy of the military spouse's marriage license and spouse's order showing relocation to Texas; and

      3. (C) a notarized affidavit affirming under penalty of perjury that:

         1. (i) the applicant is the person described and identified in the application;
         2. (ii) all statements in the application are true, correct, and complete;
         3. (iii) the applicant understands the scope of practice for the applicable license in this state and will not perform outside of that scope of practice; and
         4. (iv) the applicant is in good standing in each state in which the applicant holds or has held an applicable license.

   3. (3) Not later than 10 days after receipt of an application for recognition of an out-of-state license, the agency shall notify the applicant:

      1. (A) the agency recognizes the applicant's out-of-state license;
      2. (B) the application is incomplete; or
      3. (C) the agency is unable to recognize the applicant's out-of-state license because the agency does not issue a license similar in scope of practice to the applicant's license in another state or the applicant has a disqualifying criminal history.
   4. (4) In order to ensure the public can verify if a person is recognized to practice optometry or therapeutic optometry in Texas, the Board will post the person's name and out of state license number on its website. The person is not considered licensed by the Board and no license verifications will be issued.
   5. (5) A service member or military spouse authorized to practice with a recognized out of state license is subject to the enforcement authority granted under the Texas Optometry Act, and the laws and regulations applicable to a licensed provider.
   6. (6) A service member or military spouse may practice under this recognized status only while the service member is stationed at a military installation in this state.
   7. (7) In the event of a divorce or similar event (e.g., annulment, death of spouse) affecting a military spouse's marital status, a former spouse who relied upon this rule to obtain authorization to practice may continue to practice under the authority of this rule until the third anniversary of the date of confirmation referenced in paragraph (3)(A) of this subsection.
   8. (8) In order to obtain and maintain the privilege to practice without a license in this state, a service member or military spouse must remain in good standing with every licensing authority that has issued a license to the service member or military spouse at a similar scope of practice and in the discipline applied for in this state.
8. (h) Pursuant to Texas Occupations Code §55.002, application fees are waived for military service members, military veterans, and military spouses. The applicant is responsible for paying any examination fees that are charged by a third-party examination vendor.

Source Note:The provisions of this §271.4 adopted to be effective March 16, 2026, 51 TexReg 1659.