The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Act--The Texas Optometry Act, Chapter 351, Texas Occupations Code.
2. (2) APA--The Administrative Procedure Act, Chapter 2001, Government Code.
3. (3) Board--The Texas Optometry Board.
4. (4) Contested case--A proceeding, including but not restricted to licensing, in which the legal rights, duties, or privileges of a party are to be determined by the board after an opportunity for adjudicative hearing.
5. (5) Executive Director--Executive Director of the Texas Optometry Board.
6. (6) Initial Visit- A patient who returns to the same provider or the same practice with access to the patient's complete patient record within three years of the last examination in which a spectacle or contact lens prescription was written is exempted from the requirements of an initial visit under §351.353 of the Act.
7. (7) PFD--Proposal for decision.
8. (8) Respondent--A person against whom a formal charge has been made alleging conduct that violates the Act or rules, regulations, or orders of the Board and whose legal rights are to be determined by the board after the opportunity for an adjudicative hearing in a contested case as defined by the APA.
9. (9) SOAH--State Office of Administrative Hearings.
10. (10) Synchronous--live, real-time audiovisual interaction between the practitioner and the patient in a separate location.

Source Note:The provisions of this §272.5 adopted to be effective September 16, 2024, 49 TexReg 7324; amended to be effective December 9, 2025, 50 TexReg 7922.