Texas Register December 5, 2025 Volume: 50 Number: 49


Texas Register Table of Contents

Texas Animal Health Commission

Proposed Rules Re:

Amending 4 TAC §51.1, to add a definition for “dairy cattle,” adjust the numbering, and make minor formatting changes.

CHAPTER 51. ENTRY REQUIREMENTS
4 TAC §51.1

OVERVIEW

The Texas Animal Health Commission (Commission) proposes amendments to Title 4, Texas Administrative Code, Chapter 51 titled “Entry Requirements.” Specifically, the Commission proposes amendments to §51.1 regarding Definitions.

BACKGROUND AND PURPOSE

The Texas Animal Health Commission proposes amendments to §51.1, concerning Definitions. The purpose of the amendments is to clarify requirements for dairy cattle and dairy crosses entering the state.

Commission rules set forth testing requirements for cattle entering the state. Specific tuberculosis testing requirements apply for dairy cattle. Commission staff responsible for permitting movement has noticed confusion surrounding the definition of dairy cattle and whether certain dairy crosses must be tested prior to entry.

Currently, Commission rules do not define dairy cattle. Staff relies on the USDA’s definition when applying and explaining Commission rules. The USDA’s definition states that all cattle, regardless of age or sex or current use, that are of a breed(s) or offspring of a breed used to produce milk or other dairy products for human consumption, including, but not limited to, Ayrshire, Brown Swiss, Holstein, Jersey, Guernsey, Milking Shorthorn, and Red and Whites.

The proposed amendments would incorporate the USDA’s definition into Commission rules to clarify the meaning of dairy cattle and ease confusion as to what testing requirements must be met prior to entry.

SECTION-BY-SECTION SUMMARY

Section 51.1 includes definitions. The proposed amendments add a definition for “dairy cattle,” adjust numbering, and make minor formatting changes.


Adopted Rules Re:

Adopting 4 TAC §§38.1 – 38.3, 38.8, to correct and update test result language and certain testing requirements regarding the Trichomoniasis program.

CHAPTER 38. TRICHOMONIASIS
4 TAC §§38.1 – 38.3, 38.8

OVERVIEW

The Texas Animal Health Commission (Commission) in a duly noticed meeting on November 18, 2025, adopted changes to Title 4, Texas Administrative Code, Chapter 38 titled “Trichomoniasis.” Specifically, the Commission adopted amendments to §§38.1, 38.2, 38.3, and 38.8 without changes to the proposed text published in the September 19, 2025 issue of the Texas Register (50 TexReg 6086) and will not be republished.

BACKGROUND AND JUSTIFICATION

The Commission adopts amendments to Chapter 38 to correct and update test result language and certain testing requirements regarding the Trichomoniasis program.

Bovine Trichomoniasis is a sexually transmitted disease of cattle caused by the organism Trichomonas foetus. The trichomoniasis organism is found on the surface of an infected bull’s penis and on the inside of the prepuce. Once a bull is infected, it is infected for life and is a reservoir for the organism. An infected bull will not show symptoms but will physically transmit the organism to female cattle during the breeding process. Clinical indications of the presence of trichomoniasis in female cattle include reduced pregnancy rates, changes in pregnancy pattern, pyometras and higher rates of abortion throughout the pregnancy.

Unlike bulls, trichomoniasis infected females will show an immune response to the presence of the Trichomonas foetus organism in their reproductive tract. Antibodies are produced both within the reproductive tract and blood which helps in the clearance of the infection in many exposed females. The immunity is short-lived and cattle that have previously cleared the infection can become re-infected if exposed to the organism during a following breeding. Infected female cattle can remain infected throughout their pregnancy, deliver a live calf and be a potential threat in spreading the disease in the next breeding season.

The Bovine Trichomoniasis Working Group (TWG) met on July 10, 2025, to review the effectiveness of the current program. The TWG discussed the program overview to date and the need for updated rule language and possible revisions to the program’s assurance testing requirements.

The TWG recommended updating rule language that referenced “negative” test result to “not detected” results. This change reflects the most correct way to report results from a test that does not find a target pathogen because pathogens may not be present or there may merely be insufficient genetic material from the target pathogen such that it was not found above the detection limit of the test.

The second recommendation was to eliminate the assurance testing requirements for bulls that are part of a herd one year after the date the hold order or quarantine on the herd was released. This requirement was originally put in place to address repeat infections. The TWG’s evaluation of this requirement found that the testing has not served that purpose, there is not a need for additional surveillance at this time, and the requirement is administratively burdensome.

As a result of the TWG’s review, the Commission adopts amendments to Chapter 38 to update “negative” test result to “not detected,” and to remove the official testing requirement for bulls that are part of an infected one year after the release of a hold or quarantine order

SECTION-BY-SECTION SUMMARY

Section 38.1 includes definitions for the Trichomoniasis program. The amendments change “negative” test result to “not detected.”

Section 38.2 outlines the general requirements of the Trichomoniasis program. The amendments update “negative” test result to “not detected.”

Section 38.3 concerns infected herds. The amendments update “negative” test result to “not detected.” Additionally, the amendments eliminate the assurance test requirement for bulls in herds one year after a hold order or quarantine was released. The amendments also adjust numbering.

Section 38.8 includes the Herd Certification Program for breeding bulls. The amendments update “negative” test result to “not detected.” The amendments correct formatting to italicize scientific names.


Adopting 4 TAC §45.3, to add egg drop syndrome virus to the list of reportable and actionable diseases.

CHAPTER 45. REPORTABLE AND ACTIONABLE DISEASES
4 TAC §45.3

OVERVIEW

The Texas Animal Health Commission (Commission) in a duly noticed meeting on November 18, 2025, adopted amendments to Title 4, Part 2, Chapter 45 §45.3, concerning Reportable and Actionable Disease List in the Texas Administrative Code, Title 4, Part 2, Chapter 45, titled “Reportable and Actionable Diseases.” The Commission adopted amendments to §45.3 without changes to the proposed text published in the September 19, 2025 issue of the Texas Register (50 TexReg 6090) and will not be republished.

BACKGROUND AND JUSTIFICATION

Egg drop syndrome virus (EDSv) is an infectious disease caused by an atadenovirus which can affect many species of poultry and birds. The clinical signs of EDSv are largely associated with egg production. Infected birds produce thin-shelled, soft-shelled, or shell-less eggs, and experience a rapid and extended loss in egg production. Currently, there is no treatment for EDSv and vaccine use is limited.

Due to the economic risks posed by EDSv on the Texas poultry industry, early detection and reporting are critical to prevention. The amendment to §45.3 will add egg drop syndrome virus to the list of diseases that are reportable to the Commission to address the emerging threat to susceptible species in Texas.

Adopted concurrently with a separate preamble, the Commission also amends §51.15 concerning entry requirements for poultry that require domestic poultry from EDSv affected states or poultry vaccinated against EDSv to enter Texas for immediate slaughter only with a written request reviewed and approved by the executive director.

SECTION-BY-SECTION SUMMARY

The amendments to §45.3, Reportable and Actionable Disease List, add egg drop syndrome virus to the list of reportable and actionable diseases and reorder the list in alphabetical order.


Adopting 4 TAC §51.15, to consolidate entry requirements for improvement clarity conciseness; reorganize existing entry requirements into lists; and create new requirements for birds entering Texas from EDSy-affected states.

CHAPTER 51. ENTRY REQUIREMENTS
4 TAC §51.15

OVERVIEW

The Texas Animal Health Commission (Commission) in a duly noticed meeting on November 18, 2025, adopted amendments to Title 4, Part 2, Chapter 51 §51.15, concerning Poultry in the Texas Administrative Code, Title 4, Part 2, Chapter 51, titled “Entry Requirements.” The Commission adopted amendments to §51.15 with non-substantive changes to §51.15(e) of the proposed text published in the September 19, 2025 issue of the Texas Register (50 TexReg 6092) to clarify language concerning applicable quarantine areas. The rule will be republished.

BACKGROUND AND JUSTIFICATION

The Commission is tasked with creating and enforcing entry requirements for livestock, fowl, exotic livestock, and exotic fowl. The Commission adopts amendments to the entry requirements governing poultry to simplify and consolidate rules across chapters and to add entry requirements concerning egg drop syndrome virus (EDSv).

Previously, entry requirements for poultry were located in §51.15 and in §57.11. The amendments move the requirements from §57.11 to §51.15. These changes create concise and clear guidelines for entry. Additionally, prior rules were written in large paragraph blocks that were difficult to understand. The amendments seek to break the requirements down into easy to follow lists. The amendments to §51.15 are adopted concurrently with amendments to §57.11.

Further, the amendments to §51.15 include new entry requirements for poultry entering from EDSv affected states. The amendments require birds from affected states or birds that have been vaccinated against EDSv to submit a written request prior to entry and obtain authorization from the executive director prior to entry. Egg drop syndrome virus (EDSv) is an infectious disease caused by an atadenovirus which can affect many species of poultry and birds. The disease results in malformed eggs and decreased egg production. Currently, there is no treatment for EDSv. The amendments to §51.15 are adopted concurrently with an amendment to §45.3 which adds EDSv to the Commission’s reportable and actionable disease list.

SECTION-BY-SECTION SUMMARY

Section 51.15 includes entry requirements for poultry. The amendments consolidate entry requirements previously found in §57.11 for clarity and conciseness. The amendments reorganize existing entry requirements into easier to follow lists rather than bulky paragraphs. And the amendments create new requirements for birds entering Texas from EDSv affected states similar to existing requirements for birds entering Texas from Infectious Laryngotracheitis affected states.


Adopting 4 TAC §57.11, to remove the interstate movement requirements because it is redundant, renumber paragraphs, and clarify proven available methods of poultry carcass disposal.

CHAPTER 57. POULTRY
4 TAC §57.11

OVERVIEW

The Texas Animal Health Commission (Commission) in a duly noticed meeting on November 18, 2025, adopted amendments to Title 4, Part 2, Chapter 57 §57.11, concerning General Requirements in the Texas Administrative Code, Title 4, Part 2, Chapter 57, titled “Poultry.” The Commission adopted amendments to §57.11 without changes to the proposed text published in the September 19, 2025 issue of the Texas Register (50 TexReg 6095) and will not be republished.

BACKGROUND AND JUSTIFICATION

The Commission is tasked with creating and enforcing entry requirements for livestock, fowl, exotic livestock, and exotic fowl. The Commission adopts amendments to the entry requirements governing poultry to simplify and consolidate rules across chapters. Previously, entry requirements for poultry were located in §51.15 and in §57.11. The amendments move the requirements from §57.11 to §51.15. These changes create concise and clear guidelines for entry. The amendments to §57.11 are adopted concurrently with amendments to §51.15.

SECTION-BY-SECTION SUMMARY

The amendments to §57.11, General Requirements, remove the interstate movement requirements that have been moved to §51.15, renumber paragraphs, and clarify proven available methods of poultry carcass disposal.


Texas State Board of Social Worker Examiners

Proposed Rules Re:

Amending 22 TAC §781.102, to remove terminology that suggests the Council approves individual supervision relationships and update other rules to be consistent with the change.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER A. GENERAL PROVISIONS
22 TAC §781.102

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes amendments to §781.102, relating to Definitions.

BACKGROUND AND JUSTIFICATION

The proposed amendment will update language related to supervisors to remove terminology that suggests the Council approves individual supervision relationships and to align with changes proposed in other rules.


Amending 22 TAC §781.302, to update references to clinical and non-clinical supervision plans to align with other proposed rule changes.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §781.302

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes amendments to §781.302, relating to The Practice of Social Work.

BACKGROUND AND JUSTIFICATION

The proposed amendment will update rule references to clinical and non-clinical supervision plans, to align with other proposed rule changes.


Amending 22 TAC §781.303, to require a licensee to seek consent from the client who is concurrently receiving services from another provider to contact the other provider to establish a collaborative relationship.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §781.303

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes amendments to §781.303, relating to Rules of Practice.

BACKGROUND AND JUSTIFICATION

The proposed amendment would require a licensee who provides services to a client who concurrently receives services from another provider to seek consent from the client to contact the other provider and to strive to establish a collaborative relationship with that provider. The amendment also clarifies a licensee must report any knowledge of unlicensed practice.


Amending 22 TAC §781.322, to update the rule to conform with statutory changes made to other sections in the Family Code.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER B. RULES OF PRACTICE
22 TAC §781.322

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes amendments to §781.322, relating to Child Custody Evaluations.

BACKGROUND AND JUSTIFICATION

The proposed amendment will conform the rule to the statutory changes made to Sections 107.104 and 107.112 of the Family Code by H.B. 2340 from the 89th Legislature, Regular Session (2025).


Amending 22 TAC §781.401, to align the rule with statutory language and use more plain language to describe licensure requirements.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.401

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes amendments to §781.401, relating to Qualifications for Licensure.

BACKGROUND AND JUSTIFICATION

The proposed amendments align the rule with statutory language and use more plain language to describe licensure requirements, including to replace the phrase “Council-approved supervisor” with the more accurate term “qualified supervisor.” The amendments also remove language related to the independent practice recognition specialty, which is proposed to be included in a new rule.


Amending 22 TAC §781.402, to repeal the rule.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.402

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners propose the repeal of §781.402, relating to Clinical Supervision for LCSW and Non-Clinical Supervision for Independent Practice Recognition.

BACKGROUND AND JUSTIFICATION

The proposed repeal removes the current rule in conjunction with proposed new rules that restructure and consolidate existing rule language.


Amending 22 TAC §781.402, to consolidate existing rule language concerning the types of supervision provided by social work licensees.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.402

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes new rule §781.402, relating to Types of Supervision.

BACKGROUND AND JUSTIFICATION

The proposed new rule will consolidate existing rule language regarding the types of supervision provided by social work licensees. The new language makes non-substantive edits to use more plain, direct language.


Amending 22 TAC §781.403, to repeal the rule.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.403

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes the repeal to §781.403, relating to Independent Practice Recognition (Non-Clinical).

BACKGROUND AND JUSTIFICATION

The proposed repeal removes the current rule in conjunction with proposed new rules that restructure and consolidate existing rule language.


Amending 22 TAC §781.403, to consolidate existing rule language concerning the supervision process and other supervisor responsibilities.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.403

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes new rule §781.403, relating to Supervision Process.

BACKGROUND AND JUSTIFICATION

The proposed new rule consolidates existing rule language regarding the supervision process and requirements supervisors must perform. The new language clarifies the type of records a supervisor must keep, including a detailed log of supervision sessions and a plan for the custody of records in the event a supervisor ceases practice. The new language requires a supervisee to notify supervisors of any pending complaints against the supervisee, and to share a copy of any remediation plan with all current and future supervisors. The new language also makes non-substantive edits to use more plain, direct language.


Amending 22 TAC §781.404, to consolidate existing rule language concerning supervisor status requirements.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.404

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes amendments to §781.404, relating to Recognition as a Supervisor.

BACKGROUND AND JUSTIFICATION

The proposed amendments consolidate existing rule language regarding the requirements to hold supervisor status. The amendments clarify that a supervisor must hold a social work license issued by the Council, and adds requirements for actions a licensee must take if supervisor status is revoked or expires. Language related to types of supervision and the supervision process is proposed to move to other consolidated rules.


Amending 22 TAC §781.405, to repeal the rule.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.405

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes the repeal of §781.405, relating to Applications for Licensure.

BACKGROUND AND JUSTIFICATION

The proposed repeal removes the current rule in conjunction with proposed new rules that restructure and consolidate existing rule language.


Amending 22 TAC §781.405, to consolidate existing rule language concerning the clinical social worker license application process.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.405

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes new rule §781.405, relating to Clinical Supervision for Licensed Clinical Social Worker.

BACKGROUND AND JUSTIFICATION

The proposed new rule consolidates existing rule language related to applying for a clinical social worker license, including what information must be submitted to the Council with the application. The new language also clarifies how an LMSW may continue to perform clinical social work services after completing LCSW experience requirements. The new language also makes non-substantive edits to use more plain, direct language.


Amending 22 TAC §781.406, to repeal the language.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.406

OVERVIEW

The Texas Behavioral Health Executive Council on behalf the Texas State Board of Social Worker Examiners proposes the repeal of §781.406, relating to Required Documentation of Qualifications for Licensure.

BACKGROUND AND JUSTIFICATION

The proposed repeal removes the current rule in conjunction with proposed new rules that restructure and consolidate existing rule language.


Amending 22 TAC §781.406, to consolidate existing rule language concerning the independent practice recognition (IPR) specialty.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.406

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes new rule §781.406, relating to Independent Practice Recognition.

BACKGROUND AND JUSTIFICATION

The proposed new rule consolidates existing rule language related to the independent practice recognition (IPR) specialty, including requirements to qualify for the specialty designation and qualification to supervise the experience required to earn the specialty. The new language clarifies that an LBSW or LMSW under supervision toward the IPR designation may own and operation a non-clinical practice under that supervision. The new language also makes non-substantive edits to use more plain, direct language.


Amending 22 TAC §781.407, to consolidate existing rule language concerning prohibitions on independent social work practice.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.407

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes new rule §781.407, relating to Prohibited Independent Practice.

BACKGROUND AND JUSTIFICATION

The proposed new rule consolidates existing rule language related to prohibitions on independent social work practice, including that an LMSW working towards an LCSW may not own or operate a private practice to provide clinical social work services. The new language expands the guidelines the Council will rely on and makes clarifying edits to better guide a determining whether independent practice is occurring.


Amending 22 TAC §781.419, to align the Council’s rules with changes made to the Texas Occupations Code concerning the licensing of military services members, veterans, and spouses.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER C. APPLICATION AND LICENSING
22 TAC §781.419

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes amendments to §781.419, relating to Licensing of Military Service Members, Military Veterans, and Military Spouses.

BACKGROUND AND JUSTIFICATION

The proposed amendment will align the Council’s rules with changes made to Texas Occupations Code Chapter 55 by the 89th Legislature regarding licensing of military service members, veterans, and spouses.


Amending 22 TAC §781.805, to adjusts the schedule of sanctions to align with other rule consolidation proposals.

CHAPTER 781. SOCIAL WORKER LICENSURE
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §781.805

OVERVIEW

The Texas Behavioral Health Executive Council on behalf of the Texas State Board of Social Worker Examiners proposes amendments to §781.805, relating to Schedule of Sanctions.

BACKGROUND AND JUSTIFICATION

The proposed amendments adjusts the schedule of sanctions to align with other rule consolidation proposals.


Cancer Prevention and Research Institute of Texas

Proposed Rules Re:

Amending 25 TAC §703.24, to clarify the CPRIT rules and timeline for reviewing and paying Financial Status Reports and waivers of the deadline.

CHAPTER 703. GRANTS FOR CANCER PREVENTION AND RESEARCH
25 TAC §703.24

OVERVIEW

The Cancer Prevention and Research Institute of Texas (“CPRIT” or “the Institute”) proposes amendments to 25 Texas Administrative Code §703.24 relating to the Institute’s timely review and payment of Financial Status Reports.

BACKGROUND AND JUSTIFICATION

CPRIT requires all of its grant recipients to report grant expenditures on quarterly Financial Status Reports (FSR). In general, CPRIT conducts these reviews in accordance with standards set in the Texas Grant Management Standards (TxGMS), as published by the office of the Texas Comptroller of Public Accounts. When necessary, and as allowed by TxGMS, CPRIT establishes variations from TxGMS through the official rulemaking process. TxGMS standards include a 21-day deadline for a state agency to review a request for payment and notify a grantee of any errors in the request. This 21-day deadline applies to FSR. However, the volume, complexity, and timing of FSR reviews make it impossible for CPRIT to review all FSR submissions within 21 days. CPRIT is in the process of revising its business process and developing new technology tools to shorten these review times but lacks sufficient data to determine the necessary review times at present. As a result, CPRIT must clarify that it can only guarantee payment within 30 days of receiving a complete and correct FSR. CPRIT expects to revise this rule again in the future to specify predictable review timelines once it has new processes and new technology tools in place and has obtained sufficient data to make accurate predictions. CPRIT is adding the current language permitting the institute to waive those eventual review timelines to ensure grantees receive notice if any deadlines for review or payment will not be met going forward.

SECTION-BY-SECTION SUMMARY

Proposed §703.24(f) specifies that CPRIT shall review and pay Financial Status Reports within thirty (30) days of receiving a complete and correct FSR from a grant recipient.

Proposed §703.24(f)(1) allows CPRIT’s Chief Executive Officer to temporarily waive the thirty (30) day deadline.

Proposed §703.24(f)(2) states that a waiver must be in writing, specify its applicability, and that the Chief Executive Officer must provide a copy of the waiver to CPRIT’s Oversight Committee.

Proposed §703.24(f)(3) requires the Institute to post waivers under this subsection on its public website and maintain copies as part of the grant record.


Texas Optometry Board

Adopted Rules Re:

Adopting 22 TAC §272.5, to propose a new definition for “Initial Visit.”

CHAPTER 272. ADMINISTRATION
22 TAC §272.5

OVERVIEW

The Texas Optometry Board (Board) adopts amendments to 22 TAC Part 14 Chapter 272 – Administration §272.5 – Definitions. The Board adopts this rule with no changes to the proposed text as published in the September 26, 2025, issue of the Texas Register (50 TexReg 6282). The adopted rule will not be republished.

BACKGROUND AND JUSTIFICATION

Texas Optometry Act §351.353 sets out parameters for the initial examination of a patient for whom a prescription for glasses or contacts is written. The Board finds it necessary to define what constitutes an initial visit for purposes of regulating this section of the statute especially as it relates to inspections of optometric practices under §351.1575 of the Texas Optometry Act.

This rule defines “initial visit” as the time between eye exam visits can be up to three years before the optometrist would have to comply with requirements of the statute. The three-year time between visits is generally found in insurance contracts and has become a standard in optometric practice. Additionally, the Board wants to define initial as practice specific not provider specific – as long as the subsequent provider in the same practice has access to the patient’s complete patient chart from all previous visits.