SENATE AMENDED PRIOR PRINTER'S NOS. 2139, 2570 PRINTER'S NO. 3303
No. 1680 Session of 1985
INTRODUCED BY LAUGHLIN, BURNS, TRUMAN, DEAL, GALLAGHER AND DURHAM, SEPTEMBER 19, 1985
SENATOR BELL, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, IN SENATE, AS AMENDED, APRIL 16, 1986
AN ACT 1 Amending the act of June 6, 1980 (P.L.197, No.57), entitled "An 2 act regulating the licensure and practice of optometry, 3 making repeals and providing penalties," reestablishing the 4 State Board of Optometrical Examiners AS THE STATE BOARD OF <-- 5 OPTOMETRY; providing for its composition, powers and duties; 6 further providing for renewal, revocation and suspension of 7 licenses; providing for fees; and making repeals. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Section 2 of the act of June 6, 1980 (P.L.197, 11 No.57), known as the Optometric Practice and Licensure Act, is 12 amended to read: 13 Section 2. Definitions. 14 The following words and phrases when used in this act shall 15 have, unless the context clearly indicates otherwise, the 16 meanings given to them in this section: 17 "Advisory Committee on Continuing Professional Education." 18 An advisory committee established pursuant to section 3 to make 19 recommendations to the board relating to continuing professional
1 education. 2 "Board." The State Board of [Optometrical Examiners <-- 3 established pursuant to section 415, act of April 9, 1929 4 (P.L.177, No.175), known as "The Administrative Code of 1929," 5 or any successor board] OPTOMETRY. <-- 6 "Examination and diagnosis." Any examination or diagnostic 7 means or method compatible with optometric education and 8 professional competence. The term shall encompass the use of 9 pharmaceutical agents for diagnostic purposes classified as 10 miotics, mydriatics, cycloplegics, topical anesthetics and dyes 11 when applied topically to the eye, which pharmaceutical agents 12 shall be approved by the Secretary of Health and, subject to the 13 rules and regulations of the board, provided however that with 14 respect to optometrists licensed before March 1, 1974 only such 15 optometrists who have satisfactorily completed a course in 16 pharmacology as it applies to optometry, with particular 17 emphasis on the topical application of diagnostic pharmaceutical 18 agents to the eye, approved by the board shall be permitted to 19 use diagnostic pharmaceutical agents topically in the practice 20 of optometry. 21 "Fitting of contact lenses." A procedure in which a 22 prescribed contact lens is placed upon the eye of a patient and 23 the lens-cornea relationship is evaluated with the use of a 24 biomicroscope or slit-lamp. 25 "Optometrist." Any person who, following formal and 26 recognized training in the art and science of optometry has 27 received a doctor of optometry degree from an accredited 28 institution and is qualified to seek or has acquired a license 29 to practice the profession of optometry. An optometrist shall be 30 identified either by "Doctor of Optometry," "O.D.," or "Dr." 19850H1680B3303 - 2 -
1 followed by "Optometrist." 2 "Practice of optometry." The use of any and all means or 3 methods for the examination, diagnosis and except for drugs or 4 surgery, treatment of conditions of the human visual system and 5 shall include the examination for, and adapting and fitting of, 6 any and all kinds and types of lenses including contact lenses. 7 "Treatment." The use of any and all preventive and 8 corrective means and methods, except for drugs or surgery, for 9 aid to the human visual system and shall include but is not 10 limited to the adapting and fitting of any and all kinds and 11 types of lenses and devices including contact lenses and the 12 provision of vision developmental and perceptual therapy or 13 ocular exercise for aid to or enhancement of visual functions. 14 Section 2. The act is amended by adding a section to read: 15 Section 2.1. State Board of Optometrical Examiners OPTOMETRY. <-- 16 (a) The State Board of Optometrical Examiners OPTOMETRY <-- 17 shall consist of thirteen 12 members, all of whom shall be <-- 18 residents of Pennsylvania. Seven members shall be optometrists, 19 who are licensed to practice in Pennsylvania and who have been 20 practicing optometry in Pennsylvania for at least the five-year 21 period immediately preceding their appointment. Four THREE <-- 22 members shall be persons representing the public-at-large, one 23 member shall be the Commissioner of Professional and 24 Occupational Affairs and one member shall be the Director of the 25 Bureau of Consumer Protection in the Office of Attorney General 26 or his designee. The professional and public members of the 27 board shall be appointed by the Governor with the advice and 28 consent of a majority of the Senate. No member of the board <-- 29 shall be a member of the faculty of any undergraduate school or 30 college teaching optometry. 19850H1680B3303 - 3 -
1 (b) Professional members appointed after the effective date 2 of this act as successors to professional members whose terms 3 expired prior to the effective date of this act shall serve the 4 following terms: one shall serve one year; one shall serve two 5 years; two shall serve three years, and the remainder shall 6 serve four years. All other professional and public members 7 shall serve for terms of four years. No member may SHALL BE <-- 8 ELIGIBLE FOR APPOINTMENT TO serve more than two consecutive 9 terms. A member may continue to serve for a period not to exceed 10 six months following the expiration of his OR HER term if a <-- 11 successor has not been duly appointed and qualified according to 12 law. Any member whose term expired prior to the effective date 13 of this act may continue to serve for no more than six months 14 following the effective date of this act. 15 (c) Seven A MAJORITY OF THE members of the board SERVING IN <-- 16 ACCORDANCE WITH LAW shall constitute a quorum. EXCEPT FOR <-- 17 TEMPORARY AND AUTOMATIC SUSPENSIONS UNDER SECTION 7, A MEMBER 18 MAY NOT BE COUNTED AS PART OF A QUORUM OR VOTE ON ANY ISSUE, 19 UNLESS HE OR SHE IS PHYSICALLY IN ATTENDANCE AT THE MEETING. The 20 board shall select, from among its membership, a chairman, a 21 vice-chairman and a secretary. 22 (d) Each public and professional member of the board shall 23 be paid reasonable traveling, hotel and other necessary expenses 24 INCURRED IN THE PERFORMANCE OF HIS OR HER DUTIES IN ACCORDANCE <-- 25 WITH COMMONWEALTH REGULATIONS and per diem compensation at the 26 rate of $60 for each day of actual service while on board 27 business. 28 (e) A member who fails to attend three consecutive meetings 29 shall forfeit his OR HER seat unless the Commissioner of <-- 30 Professional and Occupational Affairs, upon written request from 19850H1680B3303 - 4 -
1 the member, finds that the member should be excused from a 2 meeting because of illness or the death of an immediate family 3 member. 4 (f) In the event that a member of the board dies or resigns 5 OR OTHERWISE BECOMES DISQUALIFIED during a term of office, a <-- 6 successor shall be appointed in the same manner and with the 7 same qualifications as set forth in subsection (a) and shall 8 hold office for the unexpired term. 9 (G) A PUBLIC MEMBER WHO FAILS TO ATTEND TWO CONSECUTIVE <-- 10 STATUTORILY MANDATED SEMINARS IN ACCORDANCE WITH SECTION 813(E) 11 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE 12 ADMINISTRATIVE CODE OF 1929," SHALL FORFEIT HIS OR HER SEAT 13 UNLESS THE COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL 14 AFFAIRS, UPON WRITTEN REQUEST FROM THE PUBLIC MEMBER, FINDS THAT 15 THE PUBLIC MEMBER SHOULD BE EXCUSED FROM A MEETING BECAUSE OF 16 ILLNESS OR THE DEATH OF A FAMILY MEMBER. 17 Section 3. Section 3(a)(2) of the act is amended and 18 subsections (a) and (b) are amended by adding paragraphs to 19 read: 20 Section 3. Powers and duties of the board. 21 (a) The board shall have the following duties: 22 * * * 23 (2) To prescribe the subjects to be tested, authorize 24 written and practical portions of the examination and 25 [conduct] contract with a professional testing organization 26 for examinations of qualified applicants for licensure at 27 least twice annually at such times and places as designated 28 by the board. All written, oral and practical examinations 29 shall be prepared and administered by a qualified and 30 approved professional testing organization in accordance with 19850H1680B3303 - 5 -
1 section 812.1 of the act of April 9, 1929 (P.L.177, No.175), 2 known as "The Administrative Code of 1929," except that 3 neither the oral nor the practical examination shall be 4 subject to section 812.1 until such examination is available 5 from a testing organization. 6 * * * 7 (6) TO SUBMIT ANNUALLY TO THE DEPARTMENT OF STATE AN <-- 8 ESTIMATE OF THE FINANCIAL REQUIREMENTS OF THE BOARD FOR ITS 9 ADMINISTRATIVE, INVESTIGATIVE, LEGAL AND MISCELLANEOUS 10 EXPENSES. 11 (6) (7) To submit annually to the House and Senate <-- 12 Appropriations Committees, 15 days after the Governor has 13 submitted his budget to the General Assembly, a copy of the 14 budget request for the upcoming fiscal year which the board 15 previously submitted to the Department of State. 16 (7) (8) To submit annually to the Professional Licensure <-- 17 Committee of the House of Representatives and to the Consumer 18 Protection and Professional Licensure Committee of the Senate 19 a report containing a description of the types of complaints 20 received, status of cases, board action which has been taken 21 and the length of time from the initial complaint to final 22 board resolution. 23 (8) (9) To require all optometrists to provide to their <-- 24 patients information on the existence, powers, functions and 25 duties of the board, including the procedure for bringing a 26 complaint to the board. IF SUCH INFORMATION IS AVAILABLE <-- 27 THROUGH A PUBLICATION OF THE DEPARTMENT OF STATE, PROVIDING A 28 COPY OF SUCH PUBLICATION TO THE PATIENT MAY SATISFY THE 29 REQUIREMENTS OF THIS SUBSECTION. 30 (b) The board shall have the following powers: 19850H1680B3303 - 6 -
1 * * * 2 (16) To employ or contract, WITH THE APPROVAL OF THE <-- 3 COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, for 4 qualified optometrists or physicians to assist the board in 5 the conduct of the practical portions of the examinations 6 conducted by the board, for such reasonable compensation, 7 including expenses, as the board shall determine, in 8 accordance with section 812.1 of the act of April 9, 1929 9 (P.L.177, No.175), known as "The Administrative Code of 10 1929." 11 (17) To issue subpoenas upon application of an attorney 12 responsible for representing disciplinary actions before the 13 board for the purpose of investigating alleged violations of 14 the disciplinary provisions administered by the board. The 15 board shall have the power to subpoena witnesses, to 16 administer oaths, to examine witnesses or to take testimony 17 or compel the production of books, records, papers and 18 documents as it may deem necessary or proper in and pertinent 19 to any proceeding, investigation or hearing held by it. 20 Optometric records may not be subpoenaed without consent of 21 the patient or without order of a court of competent 22 jurisdiction on a showing that the records are reasonably 23 necessary for the conduct of the investigation. The court may 24 impose such limitations on the scope of the subpoena as are 25 necessary to prevent unnecessary intrusion into patient 26 confidential information. The board is authorized to apply to 27 Commonwealth Court to enforce its subpoenas. 28 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <-- 29 SECTION 3.1. REPORTS TO THE BOARD. 30 AN ATTORNEY RESPONSIBLE FOR REPRESENTING THE COMMONWEALTH IN 19850H1680B3303 - 7 -
1 DISCIPLINARY MATTERS BEFORE THE BOARD SHALL NOTIFY THE BOARD 2 IMMEDIATELY UPON RECEIVING NOTIFICATION OF AN ALLEGED VIOLATION 3 OF THIS ACT. THE BOARD SHALL MAINTAIN CURRENT RECORDS OF ALL 4 REPORTED ALLEGED VIOLATIONS AND PERIODICALLY REVIEW THE RECORDS 5 FOR THE PURPOSE OF DETERMINING THAT EACH ALLEGED VIOLATION HAS 6 BEEN RESOLVED IN A TIMELY MANNER. 7 Section 4 5. Sections 5, 6, 7, 8 and 9 AND 6 of the act are <-- 8 amended by adding subsections to read: 9 Section 5. Renewal of license. 10 * * * 11 (c) Any licensee of this Commonwealth who is also licensed 12 to practice optometry in any other state, territory or country 13 shall report this information to the board on the biennial 14 renewal application. Any disciplinary action taken in other 15 states must SHALL be reported to the board on the biennial <-- 16 renewal application OR WITHIN 90 DAYS OF FINAL DISPOSITION, <-- 17 WHICHEVER IS SOONER. Multiple licensure shall be noted on the 18 licensee's record by the board and such state, territory or 19 country shall be notified by the board of any disciplinary 20 action taken against said licensee in this Commonwealth. 21 Section 6. Exemptions and exceptions. 22 * * * 23 (g) Nothing in this act shall prohibit the fitting of 24 contact lenses by a person acting under the DIRECTION, PERSONAL <-- 25 supervision or AND control of a physician or an optometrist <-- 26 WITHIN THE STANDARDS OF PRACTICE OF HIS OR HER RESPECTIVE <-- 27 PROFESSION. 28 (h) Nothing in this act shall profit PROHIBIT any individual <-- 29 from fitting an appropriate contact lens for a specific intended 30 wearer and the complete assisting of such wearer in the use of 19850H1680B3303 - 8 -
1 the contact lens if the following conditions are met: 2 (1) The individual who fits the contact lens has 3 successfully passed the examination administered by the 4 National Contact Lens Examiners as of the effective date of 5 this act. 6 (2) The fitting is based on prescription of a licensed 7 ophthalmologist PHYSICIAN or optometrist. <-- 8 (3) The wearer is informed in writing to return to the 9 prescribing ophthalmologist PHYSICIAN or optometrist for <-- 10 periodic evaluation during the fit, at intervals not to 11 exceed three months or whenever the fitter feels professional 12 judgment is needed. 13 (4) The individual who has passed the examination 14 administered by the National Contact Lens Examiners as of the 15 effective date of this act submits evidence of such 16 successful examination to the board within 60 days. 17 (5) The board shall compile and publish a list of such 18 individuals and shall enforce the provisions of this 19 subsection. 20 (i) Nothing in this act shall prohibit any optometrist from 21 leasing space from an establishment or from paying for franchise 22 fees or other services on a percentage of gross receipts basis. 23 SECTION 6. SECTION 7(B) OF THE ACT IS AMENDED AND THE <-- 24 SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ: 25 Section 7. Refusal, revocation or suspension of license. 26 * * * 27 (B) WHEN THE BOARD FINDS THAT THE LICENSE OF A PERSON MAY BE <-- 28 REFUSED, REVOKED OR SUSPENDED THE BOARD MAY: 29 (1) REFUSE, REVOKE OR SUSPEND A LICENSE. 30 (2) ADMINISTER A PUBLIC OR PRIVATE REPRIMAND. 19850H1680B3303 - 9 -
1 (3) LIMIT OR OTHERWISE RESTRICT THE LICENSEE'S PRACTICE 2 UNDER THIS ACT. 3 (4) SUSPEND ANY ENFORCEMENT UNDER THIS SUBSECTION AND 4 PLACE AN OPTOMETRIST ON PROBATION, WITH THE RIGHT TO VACATE 5 THE PROBATIONARY ORDER AND IMPOSE THE ENFORCEMENT. 6 (5) REQUIRE A LICENSEE TO SUBMIT TO THE CARE, COUNSELING 7 OR TREATMENT OF A PHYSICIAN OR A PSYCHOLOGIST DESIGNATED BY 8 THE BOARD. 9 (6) RESTORE OR REISSUE, IN ITS DISCRETION, A SUSPENDED 10 LICENSE TO PRACTICE OPTOMETRY AND IMPOSE ANY DISCIPLINARY OR 11 CORRECTIVE MEASURE WHICH IT MIGHT ORIGINALLY HAVE IMPOSED. 12 * * * 13 (f) Unless ordered to do so by a court, the board shall not 14 reinstate the license of a person to practice as an optometrist 15 which has been revoked until at least five years have elapsed 16 from the effective date of the revocation. A person shall be 17 required to apply for a license after such five-year period in 18 accordance with section 4 if he OR SHE desires to practice <-- 19 optometry at any time after such revocation. 20 (g) A license issued under this act shall automatically be 21 suspended upon the legal commitment of a licensee to an 22 institution because of mental incompetency from any cause upon 23 filing with the board a certified copy of such commitment; 24 conviction of a felony under the act of April 14, 1972 (P.L.233, 25 No.65), known as "The Controlled Substance, Drug, Device and 26 Cosmetic Act"; or conviction of an offense under the laws of 27 another jurisdiction which, if committed in Pennsylvania, would 28 be a felony under "The Controlled Substance, Drug, Device and 29 Cosmetic Act." As used in this section the term "conviction" 30 shall include a judgment, an admission of guilt or a plea of 19850H1680B3303 - 10 -
1 nolo contendere. Automatic suspension under this section shall 2 not be stayed pending any appeal of a conviction. Restoration of 3 such license shall be made as provided in this act for 4 revocation or suspension of such license. 5 (h) The board shall temporarily suspend a license under 6 circumstances as determined by the board to be an immediate and 7 clear danger to the public health or safety. The board shall 8 issue an order to that effect without a hearing, but upon due 9 notice to the licensee concerned at his last known address, 10 which shall include a written statement of all allegations 11 against the licensee. The provisions of section 7(f) shall not 12 apply to temporary suspension. The board shall thereupon 13 commence formal action to suspend, revoke or restrict the 14 license of the person concerned as otherwise provided for in 15 this act. All actions shall be taken promptly and without delay. 16 Within 30 days following the issuance of an order temporarily 17 suspending a license, registration or certificate, the board 18 shall conduct or cause to be conducted, a preliminary hearing to 19 determine that there is a prima facie case supporting the 20 suspension. The licensee whose license has been temporarily 21 suspended may be present at the preliminary hearing and may be 22 represented by counsel, cross-examine witnesses, inspect 23 physical evidence, call witnesses, offer evidence and testimony 24 and make a record of the proceedings. If it is determined that 25 there is not a prima facie case, the suspended license shall be 26 immediately restored. The temporary suspension shall remain in 27 effect until vacated by the board, but in no event longer than 28 180 days. 29 (I) THE BOARD SHALL REQUIRE A PERSON WHOSE LICENSE HAS BEEN <-- 30 SUSPENDED OR REVOKED TO RETURN THE LICENSE IN SUCH MANNER AS THE 19850H1680B3303 - 11 -
1 BOARD DIRECTS. FAILURE TO SURRENDER THE LICENSE SHALL BE A 2 MISDEMEANOR OF THE THIRD DEGREE. 3 SECTION 7. SECTIONS 8 AND 9 OF THE ACT ARE AMENDED BY ADDING 4 SUBSECTIONS TO READ: 5 Section 8. Violations and penalties. 6 * * * 7 (c) In addition to any other civil remedy or criminal 8 penalty provided for in this act, the board, by a vote of the 9 majority of the maximum number of the authorized membership of 10 the board as provided for by this act or by a vote of the 11 majority of the qualified and confirmed membership or a minimum 12 of six members, whichever is greater, may levy a civil penalty 13 of up to $1,000 on any current licensee who violates any 14 provision of this act or on any person who practices optometry 15 without being properly licensed to do so under this act. The 16 board shall levy this penalty only after affording the accused 17 party the opportunity for a hearing, as provided in 2 Pa.C.S. 18 (relating to administrative law and procedure). 19 (D) IT SHALL BE UNLAWFUL FOR ANY PERSON TO PRACTICE OR <-- 20 ATTEMPT TO OFFER TO PRACTICE OPTOMETRY, AS DEFINED IN THIS ACT, 21 WITHOUT HAVING AT THE TIME OF SO DOING A VALID, UNEXPIRED, 22 UNREVOKED AND UNSUSPENDED LICENSE ISSUED UNDER THIS ACT. THE 23 UNLAWFUL PRACTICE OF OPTOMETRY AS DEFINED IN THIS ACT MAY BE 24 ENJOINED BY THE COURTS ON PETITION OF THE BOARD OR THE 25 COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS. IN ANY 26 SUCH PROCEEDING, IT SHALL NOT BE NECESSARY TO SHOW THAT ANY 27 PERSON IS INDIVIDUALLY INJURED BY THE ACTIONS COMPLAINED OF. IF 28 IT IS FOUND THAT THE RESPONDENT HAS ENGAGED IN THE UNLAWFUL 29 PRACTICE OF OPTOMETRY, THE COURT SHALL ENJOIN HIM OR HER FROM SO 30 PRACTICING UNLESS HE OR SHE HAS BEEN DULY LICENSED. PROCEDURE IN 19850H1680B3303 - 12 -
1 SUCH CASES SHALL BE THE SAME AS IN ANY OTHER INJUNCTION SUIT. 2 THE REMEDY BY INJUNCTION HEREBY GIVEN IS IN ADDITION TO ANY 3 OTHER CIVIL OR CRIMINAL PROSECUTION AND PUNISHMENT. 4 (d) (E) All fines and civil penalties imposed in accordance <-- 5 with this section shall be paid into the Professional Licensure 6 Augmentation Account. 7 Section 9. Fees and other moneys. 8 * * * 9 (c) All fees required under this act shall be fixed by the 10 board by regulation and shall be subject to the act of June 25, 11 1982 (P.L.633, No.181), known as the "Regulatory Review Act." If 12 the revenues raised by fees, fines and civil penalties imposed 13 pursuant to this act are not sufficient to meet expenditures 14 over a two-year period, the board shall increase those fees by 15 regulation so that the projected revenues will meet or exceed 16 projected expenditures. 17 (d) If the Bureau of Professional and Occupational Affairs 18 determines that the fees established by the board under 19 subsection (c) are inadequate to meet the minimum enforcement 20 efforts required by this act, then the bureau, after 21 consultation with the board and subject to the "Regulatory 22 Review Act," shall increase the fees by regulation in an amount 23 that adequate revenues are raised to meet the required 24 enforcement effort. 25 (e) The fees established under this act shall be sufficient 26 to enable the board to secure such investigatory and prosecutory 27 staff as is necessary to pursue appropriate legal action against 28 those persons engaged in the practice of optometry in 29 Pennsylvania without being licensed as required by this act and 30 against any person who violates any other provision of this act. 19850H1680B3303 - 13 -
1 Section 5 8. This act with respect to the State Board of <-- 2 Optometrical Examiners constitutes the legislation necessary to 3 reestablish an agency under the act of December 22, 1981 4 (P.L.508, No.142), known as the Sunset Act. 5 Section 6 9. The presently confirmed members of the State <-- 6 Board of Optometrical Examiners constituted under section 415 of 7 the act of April 9, 1929 (P.L.177, No.175), known as The 8 Administrative Code of 1929, as of December 31, 1985, shall 9 continue to serve as board members until their present terms of 10 office expire. 11 Section 7 10. Each rule, regulation or fee of the board in <-- 12 effect on the effective date of this act shall remain in effect 13 after such date until amended by the board, provided that the 14 board shall immediately initiate the repeal or amendment of any 15 rule or regulation which is inconsistent with the provisions of 16 this act. 17 SECTION 11. ANY PERSON WHO HOLDS A VALID LICENSE ISSUED BY <-- 18 THE STATE BOARD OF OPTOMETRICAL EXAMINERS UNDER THE ACT OF JUNE 19 6, 1980 (P.L.197, NO.57), KNOWN AS THE OPTOMETRIC PRACTICE AND 20 LICENSURE ACT, PRIOR TO THE EFFECTIVE DATE OF THIS AMENDATORY 21 ACT SHALL, ON AND AFTER THE EFFECTIVE DATE HEREOF, BE DEEMED TO 22 BE LICENSED BY THE STATE BOARD OF OPTOMETRY AS PROVIDED FOR IN 23 THIS AMENDATORY ACT. 24 Section 8 12. The State Board of Optometrical Examiners <-- 25 OPTOMETRY shall continue together with its statutory functions <-- 26 and duties until December 31, 1991, when it shall terminate and 27 go out of existence unless reestablished or continued by the 28 General Assembly. Evaluation and review, termination, 29 reestablishment and continuation of the board beyond December 30 31, 1991, shall be conducted pursuant to the act of December 22, 19850H1680B3303 - 14 -
1 1981 (P.L.508, No.142), known as the Sunset Act. 2 Section 9 13. (a) Section 415 of the act of April 9, 1929 <-- 3 (P.L.177, No.175), known as The Administrative Code of 1929, is 4 repealed. 5 (b) All other acts and parts of acts are repealed insofar as 6 they are inconsistent with this act. 7 Section 10 14. This act shall take effect January 1, 1986 <-- 8 IMMEDIATELY. <-- I13L63CHF/19850H1680B3303 - 15 -