Tex. Occ. Code Section 351.169
Alternative Rulemaking and Dispute Resolution


(a)

The board shall develop and implement a policy to encourage the use of:

(1)

negotiated rulemaking procedures under Chapter 2008 (Negotiated Rulemaking), Government Code, for the adoption of board rules; and

(2)

appropriate alternative dispute resolution procedures under Chapter 2009 (Alternative Dispute Resolution for Use by Governmental Bodies), Government Code, to assist in the resolution of internal and external disputes under the board’s jurisdiction.

(b)

The board’s procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.

(c)

The board shall designate a trained person to:

(1)

coordinate the implementation of the policy adopted under Subsection (a);

(2)

serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and

(3)

collect data concerning the effectiveness of those procedures, as implemented by the board.
Added by Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.010, eff. September 1, 2005.

Source: Section 351.169 — Alternative Rulemaking and Dispute Resolution, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­351.­htm#351.­169 (accessed Jun. 5, 2024).

351.001
Short Title
351.002
Definitions
351.003
Reference in Other Law
351.004
Sunset Provision
351.005
Application of Chapter
351.051
Texas Optometry Board
351.052
Membership Eligibility
351.053
Membership and Employee Restrictions
351.054
Terms
351.055
Officers
351.056
Grounds for Removal
351.057
Per Diem
351.058
Meetings
351.059
Training
351.101
Executive Director
351.103
Staff Attorney
351.104
Other Personnel
351.105
Division of Responsibilities
351.106
Qualifications and Standards of Conduct Information
351.107
Career Ladder Program
351.108
Equal Opportunity Policy
351.151
Rules
351.152
Fees
351.154
Application of Fees
351.155
Rules Restricting Advertising or Competitive Bidding
351.156
Board Duties Regarding Complaints
351.157
Enforcement
351.158
Legal Representation
351.159
Committee Appointments and Recommendations
351.160
Pharmaceutical Agents
351.161
Seal
351.162
Office
351.163
Board Records
351.166
Information Provided to License Holders
351.167
Poison Control Center Information
351.168
Technological Solutions Policy Required
351.169
Alternative Rulemaking and Dispute Resolution
351.201
Public Interest Information
351.202
Public Participation
351.203
Complaints
351.204
Records of Complaints
351.205
General Rules Regarding Complaint Investigation and Disposition
351.251
License Required
351.252
Education Requirements for Therapeutic Optometrist
351.253
Examination Requirement for Therapeutic Optometrist
351.254
Examination Application
351.255
Conduct of Examination
351.256
Examination Subjects
351.257
Examination Results
351.258
Issuance of License to Therapeutic Optometrist
351.259
Provisional License
351.260
Limited License for Clinical Faculty
351.261
Display of License or Certificate
351.262
Information Presented to Patient
351.263
Lost or Destroyed License
351.264
Inactive Status
351.265
Retired Status
351.266
Military Limited Volunteer License
351.301
Renewal Certificate
351.302
License Renewal
351.303
Notice of License Expiration
351.304
Procedure for Renewal
351.305
Issuance of Certificate
351.306
Renewal of Expired License by Out-of-state Practitioner
351.307
Governmental Service, Training, or Education
351.308
Continuing Education
351.309
Continuing Education Exemptions
351.351
License Holder Information
351.352
Optometric Files and Records
351.353
Initial Examination of Patient
351.354
Certain Optometric Services Authorized
351.355
Determining or Measuring Vision
351.356
Fitting Lenses or Prisms
351.357
Fitting and Dispensing Contact Lenses
351.358
Ophthalmic Devices, Oral Medications, and Pharmaceutical Agents
351.359
Prescription
351.360
Professional Standard of Therapeutic Optometrist
351.361
Lease
351.362
Professional Responsibility
351.363
Mercantile Establishment
351.364
Relationships with Dispensing Opticians
351.365
Patient Rights Regarding Spectacle Prescription
351.366
Authority to Form Certain Jointly Owned Entities
351.367
Contract or Employment with Community Health Centers
351.401
Prohibited Offer, Representation, or Designation
351.402
Impersonation Prohibited
351.403
False, Deceptive, or Misleading Advertising
351.404
Eyeglasses as Prize or Inducement
351.405
Alteration of Prescription
351.406
Expired Contact Lens Prescription
351.407
Governmental Discrimination Prohibited
351.408
Control of Optometry
351.409
Prohibited Activity by Unlicensed Person
351.451
Prohibited Treatment by License Holder
351.452
Prohibited Use of Pharmaceutical Agent
351.453
Examination Required for Prescription
351.454
Contagious or Infectious Disease
351.455
Practice Prohibited from House to House
351.456
Practice Prohibited During License Suspension or Revocation
351.457
Professional Responsibility
351.458
Professional Responsibility
351.459
Mercantile Establishment
351.460
Relationships with Dispensing Opticians
351.501
Denial of License and Disciplinary Action by Board
351.502
Wilful or Repeated Noncompliance
351.503
Disciplinary Proceedings
351.504
Judicial Review
351.505
Reissuance of License After Revocation
351.506
Probation
351.507
Informal Proceedings
351.508
Recusal Required
351.509
Remedial Plan
351.551
Imposition of Penalty
351.552
Amount of Penalty
351.553
Report and Notice of Violation and Penalty
351.554
Penalty to Be Paid or Hearing Requested
351.555
Hearing on Recommendations
351.556
Decision by Board
351.557
Options Following Decision: Pay or Appeal
351.558
Collection of Penalty
351.559
Determination by Court
351.560
Remittance of Penalty and Interest
351.561
Administrative Procedure
351.0585
Certain Reports Required at Regular Meetings
351.601
Monitoring License Holder
351.602
Injunction
351.603
Enforcement by Attorney General or Board
351.604
Deceptive Trade Practices
351.605
Lessee Entitled to Remedies
351.606
General Criminal Penalty
351.607
Dispensing Contact Lenses
351.608
Cease and Desist Order
351.1575
Inspection of Premises and Review of Records Authorized
351.2034
Complaints Resulting from Glaucoma Treatment
351.2035
Complaints Resulting from Inspections
351.2036
Procedure for Processing Complaints
351.2045
Confidentiality of Complaints, Adverse Reports, Investigation Files, and Other Information
351.2046
Requirements for Certain Complaints
351.2525
Criminal History Record Information for License Issuance
351.2526
Review of National Practitioner Database
351.2595
License Without Examination
351.3045
Criminal History Record Information Requirement for License Renewal
351.3065
Renewal of Expired License by Retired Optometrist or Therapeutic Optometrist
351.3581
Treatment of Glaucoma
351.4521
Performance of Surgery Prohibited
351.5014
Submission to Mental or Physical Examination
351.5015
Temporary Suspension or Restriction of License

Accessed:
Jun. 5, 2024

§ 351.169’s source at texas​.gov