The Texas Optometry Act was enacted in part to safeguard the visual welfare of the public and the optometrist-patient relationship and to fix professional responsibility with respect to the patient. In order to comply with these objectives and to assure patients will have adequate follow-up care, licensed optometrists or therapeutic optometrists who practice optometry or therapeutic optometry, including the prescribing or supplying of lenses to patients confined in nursing homes or other abodes, must have an office location or place of practice within 100 miles of such nursing home or other abode, or in the alternative must have made arrangements, confirmed in writing prior to offering or providing services, for continued care with a qualified eye health professional with an office location or place of practice within 100 miles of such nursing home or other abode. Failure to comply with this rule shall be deemed as practicing from house-to-house and the improper solicitation of patients in violation of the Act, §5.04(5). In addition, the optometrist must comply with the requirements of §5.02 to maintain current information regarding practice locations with the board office.

Source Note:The provisions of this §279.11 adopted to be effective March 19, 1991, 16 TexReg 1418; amended to be effective September 10, 1993, 18 TexReg 5745.