Who is required to obtain a permit?
Opticians who dispense contact lenses and corporations and business entities that sell, deliver, or dispense contact lenses in Texas. This includes mail-order firms that are not based in Texas if they do business in Texas. Employees of corporations and business entities that hold permits are not required to obtain a separate permit. Physicians, optometrists, therapeutic optometrists, and pharmacists are not required to obtain a permit. Employees who work under the direct supervision and control of an optometrist, a therapeutic optometrist, a physician, or a pharmacist are not required to obtain a permit. A permit holder may not sell, deliver, or dispense contact lenses in a flea market.
How do I obtain a permit?
Complete the application form and submit the application fee. There is no examination or other assessment of education or credentials.
What are the responsibilities of permit holders?
A permit holder may not modify a contact lens prescription. A permit holder must fill contact lens prescriptions accurately without modification and may not fill an expired prescription. All types of contact lenses, both corrective and cosmetic (color contacts), must be dispensed under the authority of a prescription from the physician or optometrist who examined and fitted the contact lenses to the person’s eyes. All types of contact lenses are medical devices which are sold and dispensed only by an individual or a business authorized by law to dispense contact lenses.
§140.256 Application Requirements and Procedures
(a) Contact lenses may only be dispensed by the following persons: a physician, optometrist, or therapeutic optometrist; a pharmacist; or an optician, a corporation, or other business entity that holds a valid contact lens dispensing permit issued under the Act.
(b) An employee of a corporation or business entity with a permit issued under the Act is not required to obtain a separate permit.
(c) A corporation or other business entity that dispenses contact lenses to a person in this state must obtain a contact lens dispensing permit. A corporation or other business entity with ten or more locations may obtain a single permit for the entity and its employees.
(d) An applicant for a permit must submit all required information on official application forms prescribed by the department and submit the required permit fee.
(e) The application form shall contain the following information:
(1) specific information regarding personal data, full legal name, date of birth, social security number, information regarding other licenses, registrations, permits, and certifications held by applicant, and information regarding misdemeanor and felony convictions of applicant;
(2) trade names and addresses of all locations in which the optician intends to conduct business;
(3) if applicant is a corporation or other business entity, specific information regarding type of ownership, registered address, and names and addresses of all officers, directors, registered agents and major shareholders;
(4) a statement that the applicant has read the Act and these rules;
(5) a statement that the applicant, if issued a permit, shall return the permit to the department upon revocation or suspension of the permit or other disciplinary action against the permit holder;
(6) a statement that the applicant understands that fees and materials submitted in the permitting process are nonrefundable and nonreturnable;
(7) a statement that the applicant agrees to comply with all state and federal laws and regulations regarding the sale, delivery, or dispensing of contact lenses;
(8) a statement that the information contained in the application is truthful and complete; and
(9) the signature of the applicant.
(f) The department shall not issue a permit to an applicant who has had a contact lens dispensing permit revoked or denied for cause within the 24-month period preceding the application date.