Tex. Occ. Code § 351.408 · Subchapter I. PROHIBITED PRACTICES IN GENERAL
CONTROL OF OPTOMETRY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) This section and Sections 351.602(c)(2), 351.603(b), 351.604(3), and 351.605 shall be liberally construed to prevent manufacturers, wholesalers, and retailers of ophthalmic goods from controlling or attempting to control the professional judgment, manner of practice, or practice of an optometrist or therapeutic optometrist.
(b) In this section, "control or attempt to control the professional judgment, manner of practice, or practice of an optometrist or therapeutic optometrist" includes:
(1) setting or attempting to influence the professional fees or office hours of an optometrist or therapeutic optometrist;
(2) restricting or attempting to restrict an optometrist's or therapeutic optometrist's freedom to see a patient by appointment;
(3) terminating or threatening to terminate an agreement, including a lease, or other relationship in an attempt to control the professional judgment, manner of practice, or practice of an optometrist or therapeutic optometrist;
(4) providing, hiring, or sharing employees, business services, or similar items to or with an optometrist or therapeutic optometrist; and
(5) making or guaranteeing a loan to an optometrist or therapeutic optometrist in excess of the value of the collateral securing the loan.
(c) A manufacturer, wholesaler, or retailer of ophthalmic goods may not directly or indirectly:
(1) control or attempt to control the professional judgment, manner of practice, or practice of an optometrist or therapeutic optometrist;
(2) employ or contract for the services of an optometrist or therapeutic optometrist if part of the optometrist's or therapeutic optometrist's duties involves the practice of optometry or therapeutic optometry; or
(3) pay an optometrist or therapeutic optometrist for a service not provided.
(d) This section does not apply to a manufacturer, wholesaler, or retailer of ophthalmic goods who is an optometrist, therapeutic optometrist, or licensed physician or a legal entity wholly owned and controlled by at least one optometrist, therapeutic optometrist, or licensed physician, unless the optometrist, therapeutic optometrist, or legal entity has offices at more than three locations.
Notes and commentary — not statutory text
History
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.351.htm
- Text hash
- sha256 918d4a3899f80e5ec5c60faf49f9fc2a0e7eca2f1cc99f6ece7f3f28ee647266
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Occupations Code
- Tex. Occ. Code § 351.602INJUNCTION; DAMAGES.Printed as Sections 351.602(c)(2), 351.603(b), 351.604(3), and 351.605
- Tex. Occ. Code § 351.603ENFORCEMENT BY ATTORNEY GENERAL OR BOARD; CIVIL PENALTY.Printed as Sections 351.602(c)(2), 351.603(b), 351.604(3), and 351.605
- Tex. Occ. Code § 351.604DECEPTIVE TRADE PRACTICES.Printed as Sections 351.602(c)(2), 351.603(b), 351.604(3), and 351.605
- Tex. Occ. Code § 351.605LESSEE ENTITLED TO REMEDIES.Printed as Sections 351.602(c)(2), 351.603(b), 351.604(3), and 351.605
Cited by 6 provisions
Provisions in this library whose text cites Tex. Occ. Code § 351.408. Each shows the citation as that text prints it.
Business & Commerce Code
Occupations Code
- Tex. Occ. Code § 351.361LEASE; PAYMENT BASIS; ACCOUNTS RECEIVABLE.Printed as Section 351.408
- Tex. Occ. Code § 351.602INJUNCTION; DAMAGES.Printed as Section 351.408
- Tex. Occ. Code § 351.603ENFORCEMENT BY ATTORNEY GENERAL OR BOARD; CIVIL PENALTY.Printed as Section 351.408
- Tex. Occ. Code § 351.604DECEPTIVE TRADE PRACTICES.Printed as Section 351.408
- Tex. Occ. Code § 351.605LESSEE ENTITLED TO REMEDIES.Printed as Section 351.408
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.