TITLE 22. EXAMINING BOARDS

PART 5. STATE BOARD OF DENTAL EXAMINERS

CHAPTER 117. FACULTY AND STUDENTS IN ACCREDITED DENTAL SCHOOLS

The State Board of Dental Examiners (Board) adopts amendments to rule 22 TAC §117.2, pertaining to dental faculty licensure. The amendments remove repetitive language that is currently found in Chapter 267, Texas Occupations Code, and make grammatical changes. The amendments are adopted without changes to the proposed text as published in the July 3, 2026, issue of the Texas Register (51 TexReg 4334) and will not be republished.

No comments were received regarding adoption of this rule.

This rule is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 7, 2026.

TRD-202603347

Lauren Studdard

General Counsel

State Board of Dental Examiners

Effective date: August 27, 2026

Proposal publication date: July 3, 2026

For further information, please call: (737) 363-2333

The State Board of Dental Examiners (Board) adopts amendments to rule 22 TAC §117.3, pertaining to dental hygiene faculty licensure. The amendments remove repetitive language that is currently found in Chapter 267, Texas Occupations Code, and make grammatical changes. The amendments are adopted without changes to the proposed text as published in the July 3, 2026, issue of the Texas Register (51 TexReg 4335) and will not be republished.

No comments were received regarding adoption of this rule.

This rule is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 7, 2026.

TRD-202603348

Lauren Studdard

General Counsel

State Board of Dental Examiners

Effective date: August 27, 2026

Proposal publication date: July 3, 2026

For further information, please call: (737) 363-2333

PART 14. TEXAS OPTOMETRY BOARD

CHAPTER 271. EXAMINATIONS

The Texas Optometry Board adopts the repeal of 22 TAC Part 14 Chapter 271 Examinations - §271.8 - Converting Optometric License to Therapeutic Optometric License. The Board adopts the repeal without changes to the proposed text as published in the June 5, 2026, issue of the Texas Register (51 TexReg 3769). The repeal will not be republished.

This rule provided a mechanism for optometrists to convert an optometrist license to a therapeutic optometrist license. There are approximately 100 licensees who are licensed as optometrists. Given the number of licensees and the ability of the Board to verify competency, the rule is unnecessary and is being repealed.

There were no public comments regarding this repeal.

The Board adopts this repeal pursuant to the authority found in §351.151 of the Occupations Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Occupations Code.

No other sections are affected by the repeal.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 4, 2026.

TRD-202603280

Janice McCoy

Executive Director

Texas Optometry Board

Effective date: August 24, 2026

Proposal publication date: June 5, 2026

For further information, please call: (512) 305-8502

The Texas Optometry Board adopts amendments to 22 TAC Part 14 Chapter 271 Examinations - §271.12 - License Designation with no changes to the proposed text as published in the June 5, 2026, issue of the Texas Register (51 TexReg 3770). The rule will not be republished.

This rule is being amended to remove sections that simply restate statute. By eliminating the sections of the rules that restate statute, the agency is reducing the regulatory burden and increasing transparency for licensees.

No comments were received regarding the amendment.

The Board adopts this rule pursuant to the authority found in §351.151 of the Occupations Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Occupations Code.

No other sections are affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 4, 2026.

TRD-202603279

Janice McCoy

Executive Director

Texas Optometry Board

Effective date: August 24, 2026

Proposal publication date: June 5, 2026

For further information, please call: (512) 305-8502

CHAPTER 272. ADMINISTRATION

The Texas Optometry Board adopts the repeal of 22 TAC Part 14 Chapter 272 Administration - §272.4 - Public Participation in Meetings. The Board adopts the repeal without changes to the proposed text as published in the June 5, 2026, issue of the Texas Register (51 TexReg 3771). The repeal will not be republished.

This rule is derived from Texas Occupations Code 351.202 which requires the Board to "develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the board's jurisdiction."

In conjunction with the repeal of this rule, the Board will adopt a policy regarding public participation at meetings. The policy will be available on the Board's public facing website for public review.

There were no public comments regarding this repeal.

The Board adopts this repeal pursuant to the authority found in §351.151 of the Occupations Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Occupations Code.

No other sections are affected by the repeal.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 4, 2026.

TRD-202603281

Janice McCoy

Executive Director

Texas Optometry Board

Effective date: August 24, 2026

Proposal publication date: June 5, 2026

For further information, please call: (512) 305-8502

CHAPTER 273. GENERAL RULES

The Texas Optometry Board adopts the repeal of 22 TAC Part 14 Chapter 273 General Rules - §273.1 - Surrender of License. The Board adopts the repeal as published in the June 5, 2026, issue of the Texas Register (51 TexReg 3772). The repeal will not be republished.

This rule originated in 1984 - the Board's purpose was to ensure that optometrists who do not renew a license would not be in possession of a valid license and therefore could not practice optometry. By requiring the return of the license and/or an affidavit stating the optometrist would not practice, the Board was protecting the health and welfare of the general public.

However, online searches of the Board's licensees now provide a way for member of the public to verify that a person has a valid therapeutic license. As such, this rule is an unnecessary step for licensees and an unnecessary burden for staff to maintain the affidavits. The Board has other disciplinary tools for those licensees who practice without a license.

There were no public comments regarding this repeal.

The Board repeals this rule pursuant to the authority found in §351.151 of the Occupations Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Occupations Code.

No other sections are affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 4, 2026.

TRD-202603282

Janice McCoy

Executive Director

Texas Optometry Board

Effective date: August 24, 2026

Proposal publication date: June 5, 2026

For further information, please call: (512) 305-8502

The Texas Optometry Board adopts the repeal of 22 TAC Part 14 Chapter 273 General Rules - §273.10 - Nonrenewal for Failure to Pay Child Support. The Board adopts the repeal without changes to the proposed text as published in the June 5, 2026, issue of the Texas Register (51 TexReg 3773). The repeal will not be republished.

This rule is derived from the Family Code §232.0135 which directs the Board to hold license renewals for non-payment of child support. This rule is unnecessary as it simply restates the statute related to child support payments. The Board has full authority to withhold a license renewal based on the statute.

There were no public comments regarding this repeal.

The Board adopt this repeal pursuant to the authority found in §351.151 of the Occupations Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Occupations Code.

No other sections are affected by the repeal.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 4, 2026.

TRD-202603283

Janice McCoy

Executive Director

Texas Optometry Board

Effective date: August 24, 2026

Proposal publication date: June 5, 2026

For further information, please call: (512) 305-8502

CHAPTER 277. PRACTICE AND PROCEDURE

The Texas Optometry Board adopts amendments to 22 TAC Chapter 277, §277.1 - Complaint Procedures with no changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4077). The rule will not be republished.

The amendments clarify the Board's complaint process for the public and licensees by reducing the word count and simplifying the classification system. The rule repeals current (e)(3) related to options the Board has regarding the disposition of complaint as these options are found in statute and do not need to be repeated in the rule.

No comments were received regarding the amendment.

The Board adopts this rule pursuant to the authority found in §351.151 of the Occupations Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Occupations Code. Additional authority related to the complaint process is found in Subchapter E of the Occupations Code (Public Interest Information and Complaint Procedures).

No other sections are affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 4, 2026.

TRD-202603286

Janice McCoy

Executive Director

Texas Optometry Board

Effective date: August 24, 2026

Proposal publication date: June 26, 2026

For further information, please call: (512) 305-8502

The Texas Optometry Board adopts amendments to 22 TAC Chapter 277, §277.2 - Disciplinary Proceedings with changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4080). The rule will be republished.

The change to the text adds a period to the end of the sentence at subsection (d)(4).

The amendments clarify the Board's disciplinary proceedings process for the public and licensees by reducing word count and ensuring the Board's proceedings comply with the Administrative Procedures Act (APA). By referencing compliance with the APA, the Board does not need to amend its rule if the APA is amended by the Texas Legislature at a future date. Additionally, the rule adds a section referencing the option for Alternative Dispute Resolution as that rule is being repealed in a separate rule submission.

No comments were received regarding the amendment.

The Board adopts this rule pursuant to the authority found in §351.151 of the Occupations Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Occupations Code. Additional authority related to the disciplinary process is found in Subchapter K of the Occupations Code (Disciplinary Procedures).

No other sections are affected by the amendments.

§277.2. Disciplinary Proceedings.

(a) In a contested case before the Board, proceedings shall be governed by the Administrative Procedure Act (APA), except as specifically provided in the Optometry Act. In any contested case, opportunity shall be afforded to all parties to respond and present evidence and argument on all issues involved. Unless precluded by law, informal disposition may be made of any contested case by any method authorized under Government Code, Section 2001.056, including but not limited to stipulation, agreed settlement, consent order, or default.

(b) The Board may seek to resolve a contested matter through any Alternative Dispute Resolution (ADR) procedure. Such procedures may include, but are not limited to, those applied to resolve matters pending at the State Office of Administrative Hearing (SOAH) and in the state's district courts.

(c) Prior to the imposition of disciplinary sanctions, remedial plan, or administrative penalties against a respondent (a licensee or a person issued a cease and desist order), the respondent shall be offered an opportunity to attend an informal conference and show compliance with all requirements of law, in accordance with the APA.

(1) The Executive Director shall designate the informal conference panel in accordance with Section 351.507 of the Optometry Act. The respondent and/or the authorized representative may attend the informal conference and shall be provided an opportunity to be heard. If applicable, the complainant may attend the informal conference in order to be heard on the complaint.

(2) Informal conferences shall not be deemed to be meetings of the Board and no formal record of the proceedings at the conferences shall be made or maintained.

(3) In making a settlement offer, the panel shall consider the Penalty Schedule in §277.6 of this title to determine the recommendation for an administrative fine or penalty. The panel also may recommend the respondent refund all or part of the examination fee paid by the complainant.

(4) The panel's proposed settlement offer shall be presented to the Board for its review. At the conclusion of its review, the Board shall approve, amend, or disapprove the settlement offer. If the respondent does not concur with the settlement or the Board disapproves the offer, the case shall be forwarded to SOAH for formal action.

(d) Notice of the informal conference shall be served not less than 10 days prior to the date of the conference by certified or registered mail, return receipt requested, to the licensee's address of record as maintained by the Board or by electronic means to the licensee's designated electronic address of record, and shall include:

(1) a statement of the legal authority, jurisdiction, and alleged conduct under which the enforcement action is based, with a reference to the particular section(s) of the statutes and rules involved;

(2) an offer for the respondent to attend an informal conference at a specified time and place and show compliance with all requirements of law, in accordance with the APA;

(3) a statement that the respondent has an opportunity for a hearing before SOAH on the allegations; and

(4) a default warning in the form prescribed by Board policy.

(e) The respondent shall respond by either personal appearance at the informal conference or in writing no later than the date of the informal conference. If the respondent chooses to respond in writing, the response shall address the allegations set forth in the notice.

(f) If the respondent fails to respond the matter will be considered as a default case.

(1) The respondent will be deemed to have:

(A) admitted all the factual allegations in the notice specified in this subsection;

(B) waived the opportunity to show compliance with the law;

(C) waived notice of a hearing;

(D) waived the opportunity for a hearing on the allegations; and

(E) waived objection to the recommended sanctions made at the informal conference.

(2) The Board shall either enter a default order adopting the recommended sanctions made at the informal conference or direct that the case be set for a hearing at SOAH. Any default judgment will be entered on the basis of the factual allegations in the notice and upon proof of proper notice to the respondent's address of record.

(3) A motion for rehearing which requests that the Board vacate its default order under this section shall be granted if the motion presents convincing evidence that the failure to respond to the notice specified in this subsection was not intentional or the result of conscious indifference, but due to accident or mistake, provided that the respondent has a meritorious defense to the factual allegations contained in the notice specified in this subsection and the granting thereof will not result in delay or injury to the public or the Board.

(g) All contested cases not resolved by informal conference shall be referred to SOAH. Formal proceedings shall be conducted in accordance with the contested-case provisions of the APA and the procedural rules of SOAH.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 4, 2026.

TRD-202603287

Janice McCoy

Executive Director

Texas Optometry Board

Effective date: August 24, 2026

Proposal publication date: June 26, 2026

For further information, please call: (512) 305-8502

The Texas Optometry Board adopts amendments to 22 TAC Chapter 277, §277.3 - Probation with no changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4082). The rule will not be republished.

The amendment simply updates the terminology found in the rule from "practitioner" to "licensee" to clarify that the Board may offer probation to a licensee. It further clarifies that the Board "may" act without the unnecessary language related to a majority vote as a majority vote is needed for all Board actions.

No comments were received regarding the amendment.

The Board adopts this rule pursuant to the authority found in §351.151 of the Occupations Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Occupations Code. Additional authority related to the probation process is found in §351.506 of the Occupations Code.

No other sections are affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 4, 2026.

TRD-202603288

Janice McCoy

Executive Director

Texas Optometry Board

Effective date: August 24, 2026

Proposal publication date: June 26, 2026

For further information, please call: (512) 305-8502

The Texas Optometry Board adopts amendments to 22 TAC Chapter 277, §277.4 - Reinstatement with no changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4083). The rule will not be republished.

The amendment simply updates the terminology found in the rule from "practitioner" to "person" to clarify that the person seeking reinstatement of a license should not be practicing. Additionally, it provides that the Board may make the decision to reinstate a license without holding a hearing at the State Office of Administrative Hearings (SOAH). Implied is that if the Board makes an adverse action, the person may appeal the decision to SOAH under the provisions of the Administrative Procedures Act.

No comments were received regarding the amendment.

The Board adopts this rule pursuant to the authority found in §351.151 of the Occupations Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Occupations Code. Additional authority related to the reinstatement process is found in §351.505 of the Occupations Code.

No other sections are affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 4, 2026.

TRD-202603289

Janice McCoy

Executive Director

Texas Optometry Board

Effective date: August 24, 2026

Proposal publication date: June 26, 2026

For further information, please call: (512) 305-8502

The Texas Optometry Board adopts amendments to 22 TAC Chapter 277, §277.5 - Convictions with no changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4084). The rule will not be republished.

The amendment removes unnecessary language which only restates statute or provides subjective commentary about the rule.

No comments were received regarding the amendment.

The Board adopts this rule pursuant to the authority found in §351.151 of the Occupations Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Occupations Code. Additional authority related to the review of convictions process is found in Chapter 53 of the Occupations Code. No other sections are affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 4, 2026.

TRD-202603290

Janice McCoy

Executive Director

Texas Optometry Board

Effective date: August 24, 2026

Proposal publication date: June 26, 2026

For further information, please call: (512) 305-8502

The Texas Optometry Board adopts amendments to 22 TAC Chapter 277, §277.8 - Emergency Temporary Suspension or Restriction with no changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4086). The rule will not be republished.

The amendment provides the Chair of the Board has discretion when appointing the emergency committee and the appointments would not need to be approved by the full Board. Finally, the amendment allows the committee to meet by video or telephone call if necessary.

No comments were received regarding the amendment.

The Board adopts this rule pursuant to the authority found in §351.151 of the Occupations Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Occupations Code. Additional authority related to the emergency suspension process is found in §351.5015 of the Occupations Code.

No other sections are affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 4, 2026.

TRD-202603291

Janice McCoy

Executive Director

Texas Optometry Board

Effective date: August 24, 2026

Proposal publication date: June 26, 2026

For further information, please call: (512) 305-8502

The Texas Optometry Board adopts the repeal of 22 TAC Part 14 Chapter 277 Administration - §277.9 - Alternative Dispute Resolution. The Board adopts the repeal as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4087). The repeal will not be republished.

This rule is derived from Texas Government Code Chapter 2009 which outlines the Alternative Dispute Resolution process for government agencies. In conjunction with this repeal, the Board amended Rule 277.2 to include the following: "The Board may seek to resolve a contested matter through any Alternative Dispute Resolution (ADR) procedure. Such procedures may include, but are not limited to, those applied to resolve matters pending at the State Office of Administrative Hearing (SOAH) and in the state's district courts."

There were no public comments regarding this repeal.

The Board adopts this repeal pursuant to the authority found in §351.151 of the Occupations Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Occupations Code.

No other sections are affected by the repeal.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 4, 2026.

TRD-202603292

Janice McCoy

Executive Director

Texas Optometry Board

Effective date: August 24, 2026

Proposal publication date: June 26, 2026

For further information, please call: (512) 305-8502

The Texas Optometry Board adopts amendments to 22 TAC Chapter 277, §277.12 - Denial Of License And Disciplinary Action By Board with no changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4088). The rule will not be republished.

As currently written, the rule simply restated Texas Occupations Code §351.501 which is redundant and could be confusing for stakeholders. The amendment simplifies and clarifies the Board's authority to discipline a licensee or applicant.

Additionally, based on a recent State Office of Administrative Hearing's ruling, the Board is attempting to define "wilful" by stating "An applicant or license holder is considered to have committed a wilful violation if the person intentionally disregarded the Optometry Act. Unless the person can prove he or she did not know how to review and understand the law, the Board deems every violation as intentional as each person is required to take and pass the Board's jurisprudence exam prior to licensure and to take one hour of continuing education related to professional responsibility each year once licensed."

No comments were received regarding the amendment.

The Board adopts this rule pursuant to the authority found in §351.151 of the Occupations Code which vests the Board with the authority to adopt rules necessary to perform its duties and implement Chapter 351 of the Occupations Code. Additional authority related to the disciplinary process is found in Subchapter K of the Occupations Code (Disciplinary Procedures).

No other sections are affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 4, 2026.

TRD-202603293

Janice McCoy

Executive Director

Texas Optometry Board

Effective date: August 24, 2026

Proposal publication date: June 26, 2026

For further information, please call: (512) 305-8502