Texas § OC.351.408 - CONTROL OF OPTOMETRY
Full text of Texas The Texas Constitution § OC.351.408 — CONTROL OF OPTOMETRY, with citation guidance and answers to common questions.
§ OC.351.408. CONTROL OF OPTOMETRY
CONTROL OF OPTOMETRY. (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. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Frequently Asked Questions About Texas § OC.351.408
What does The Texas Constitution § OC.351.408 cover?
Section OC.351.408 ("CONTROL OF OPTOMETRY") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § OC.351.408?
A common citation format is "The Texas Constitution § OC.351.408" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § OC.351.408 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.