1. (a) Provisional License.

   1. (1) Requirements for Provisional License. On application for examination, a candidate may apply for a provisional license under the following circumstances:

      1. (A) The applicant must be licensed in good standing as a therapeutic optometrist in another state, the District of Columbia, or a territory of the United States that has licensing requirements that are substantially equivalent to the requirements of the Texas Optometry Act, and must furnish proof of such licensure on board forms provided.
      2. (B) The applicant must have passed the National Board of Examiners in Optometry (NBEO) Examination Parts I and II, after January 1, 1984, and Part III after June of 1994, as well as the Treatment and Management of Ocular Disease (TMOD) Examination after January of 1985 and must submit a true and correct copy of the applicant's score report.
      3. (C) The applicant must have satisfied the educational requirement of §280.2 of this title (relating to Required Education).
      4. (D) The applicant must not have failed an examination for a license conducted by the board.
      5. (E) The applicant's license to practice optometry must not have been revoked or suspended by any jurisdiction.

   2. (2) Sponsorship. A candidate for provisional licensure must be sponsored by a therapeutic optometrist who is currently licensed by the board with the following conditions applicable.

      1. (A) Prior to practice in Texas, on forms provided by the board, the sponsor licensee will certify to the board the following:

         1. (i) that such candidate will be working within the same office as the licensee, under direct supervision of the sponsor licensee; and
         2. (ii) that such sponsor licensee is aware of the Act and rules governing provisional licensure and that the sponsorship will cease upon the invalidity of the provisional license.
      2. (B) Sponsor licensee will be held responsible for the unauthorized practice of optometry should such provisional license expire.
   3. (3) Hardship. An applicant for a provisional license may be excused from the requirements of sponsorship if the board determines that compliance constitutes a hardship to the applicant.

   4. (4) Application and fee.

      1. (A) The candidate for provisional licensure will be subject to all application requirements required by Chapter 271 of this title (relating to Examinations) and subject to the applicable examination fees established under §273.4 of this title (relating to Optometry Fees). In addition, the candidate will be subject to a fee for issuance of a provisional license, as established under §273.4 of this title.
      2. (B) No provisional license can be issued until all application forms and fees are received in the board office and the application is approved.
      3. (C) A provisional license expires upon the earlier to occur of the passage of 180 days or notice by the board of the candidate's successful passage or failure of all examinations required by Chapter 271 of this title. It shall be the responsibility of the candidate and sponsor to return the provisional license to the board office upon expiration.
      4. (D) The candidate's failure to sit for the first scheduled board examination following application for examination invalidates the provisional license unless in the discretion of the board sufficient and reasonable evidence regarding nonappearance exists.
      5. (E) Each candidate for provisional license shall receive only one nonrenewable license prior to the issuance of a therapeutic optometry license.
   5. (5) If at any time during the provisional licensure period it is determined that the holder of such provisional license has violated the Optometry Act or board rules, such provisional license will be subject to termination.

2. (b) License for spouse of a person serving on active duty as a member of the armed forces of the United States.

   1. (1) Requirements for license:

      1. (A) The applicant must be a spouse of a person serving on active duty based in the State of Texas as a member of the armed forces of the United States, and must furnish proof of such on board forms provided; and

         1. (i) The applicant must be licensed in good standing as a therapeutic optometrist or the equivalent in another state, the District of Columbia, or a territory of the United States that has licensing requirements that are substantially equivalent to the requirements of the Texas Optometry Act, and must furnish proof of such licensure on board forms provided; or
         2. (ii) The applicant must, within the five years preceding the application date, have held a license in this state that expired while the applicant lived in another state for at least six months.
      2. (B) The applicant's license to practice optometry must not have been revoked or suspended by any jurisdiction. The applicant must furnish license verifications from each state in which the person is currently or previously licensed.

   2. (2) Application.

      1. (A) The applicant shall complete the application required under §271.5 of this title (relating to Licensure without Examination), including the submission of completed Federal Bureau of Investigation fingerprint cards provided by the board and a certified copy of the optometry school transcript.
      2. (B) An application fee in the same amount as the application fee set out in §273.4 of this title must be submitted with the application.
   3. (3) Jurisprudence Exam. Applicants receiving a license under this section must take and pass the Jurisprudence exam within 6 months of the issuance of the license.

   4. (4) License and fees.

      1. (A) A license issued under this section shall be a license to practice therapeutic optometry with the same obligations and duties required of that licensee and subject to the same disciplinary requirements for that license.
      2. (B) The initial license fee and license renewal fees are the same as the active license fee set out in §273.4 of this title. The expiration date for the license is the same as an active license, and may be renewed under the same terms and conditions.

   5. (5) Expiration of License. A license issued under this subsection expires and cannot be renewed:

      1. (A) Six months after the date the applicant's spouse ceases to serve on active duty based in the State of Texas as a member of the armed forces of the United States. The licensee is required to report a change in the spouse's status immediately to the board;
      2. (B) Immediately upon the failure of the licensee to obtain a passing score on the Jurisprudence exam within 6 months of the date of the issuance of the license; or
      3. (C) Four years after the date the license is first issued if the license has not expired by that date.

Source Note:The provisions of this §273.6 adopted to be effective September 10, 1993, 18 TexReg 5745; amended to be effective February 18, 1994, 19 TexReg 789; amended to be effective August 2, 1998, 23 TexReg 7563; amended to be effective March 21, 2012, 37 TexReg 1904.