PRINTER'S NO. 832

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 770 Session of 1979


        INTRODUCED BY COPPERSMITH, EARLY, MESSINGER, LINCOLN, ORLANDO,
           LYNCH, HANKINS, O'CONNELL, MANBECK, SCHAEFER, LEWIS, MELLOW,
           MURRAY, ZEMPRELLI, MOORE, HESS AND REIBMAN, MAY 22, 1979

        REFERRED TO PUBLIC HEALTH AND WELFARE, MAY 22, 1979

                                     AN ACT

     1  Regulating the licensure and practice of optometry, making
     2     repeals and providing penalties.

     3                         TABLE OF CONTENTS
     4     Section  1.  Short title.
     5     Section  2.  Primary health care profession.
     6     Section  3.  Definitions.
     7     Section  4.  Powers and duties of the board.
     8     Section  5.  Requirements for examination.
     9     Section  6.  Renewal of license.
    10     Section  7.  Exemptions and exceptions.
    11     Section  8.  Refusal, revocation or suspension of license.
    12     Section  9.  Violations and penalties.
    13     Section 10.  Fees and other moneys.
    14     Section 11.  Provision of services and reimbursement.
    15     Section 12.  Repeals.
    16     Section 13.  Effective date.
    17     The General Assembly of the Commonwealth of Pennsylvania


     1  hereby enacts as follows:
     2  Section 1.  Short title.
     3     This act shall be known and may be cited as the "Optometric
     4  Practice and Licensure Act."
     5  Section 2.  Primary health care profession.
     6     The practice of optometry is declared to be a primary health
     7  care profession and healing art entitled to the same rights and
     8  privileges which are attached to and devolve upon other such
     9  professions in this Commonwealth.
    10  Section 3.  Definitions.
    11     The following words and phrases when used in this act shall
    12  have, unless the context clearly indicates otherwise, the
    13  meanings given to them in this section:
    14     "Advisory Committee on Continuing Professional Education."
    15  An advisory committee established pursuant to section 4 to make
    16  recommendations to the board relating to continuing professional
    17  education.
    18     "Board."  The State Board of Optometrical Examiners
    19  established pursuant to section 415, act of April 9, 1929
    20  (P.L.177, No.175), known as "The Administrative Code of 1929,"
    21  or any successor board.
    22     "Examination and diagnosis."  Any examination or diagnostic
    23  means or method compatible with optometric education and
    24  professional competence. The term shall encompass the use of
    25  pharmaceutical agents for diagnostic purposes classified as
    26  miotics, mydriatics, cycloplegics, topical anesthetics and dyes
    27  when applied topically to the eye, subject to the rules and
    28  regulations of the board, provided however that with respect to
    29  optometrists licensed before March 1, 1974 only such
    30  optometrists who have satisfactorily completed a course in
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     1  pharmacology as it applies to optometry, with particular
     2  emphasis on the topical application of diagnostic pharmaceutical
     3  agents to the eye, approved by the board shall be permitted to
     4  use diagnostic pharmaceutical agents topically in the practice
     5  of optometry.
     6     "Optometrist."  Any person who, following formal and
     7  recognized training in the art and science of optometry has
     8  received a doctor of optometry degree from an accredited
     9  institution and is qualified to seek or has acquired a license
    10  to practice the primary health care profession of optometry. An
    11  optometrist shall be identified either by "Doctor of Optometry,"
    12  "O.D.," or "Dr." followed by "Optometrist."
    13     "Practice of Optometry."  The use of any and all means or
    14  methods for the examination, diagnosis and except for drugs or
    15  surgery, treatment of conditions of the human visual system and
    16  shall include the examination for, and adapting and fitting of,
    17  any and all kinds of contact lenses.
    18     "Treatment."  The use of any and all preventive and
    19  corrective means and methods, except for drugs or surgery, for
    20  aid to the human visual system and shall include but is not
    21  limited to the adapting and fitting of any and all kinds of
    22  lenses, devices and contact lenses and the provision of vision
    23  developmental and perceptual therapy or ocular exercise for aid
    24  to or enhancement of visual functions.
    25  Section 4.  Powers and duties of the board.
    26     (a)  The board shall have the following duties:
    27         (1)  To meet at least six times annually at a place
    28     within the Commonwealth determined by the board for the
    29     transaction of its business.
    30         (2)  To prescribe the subjects to be tested, develop
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     1     written and practical portions of the examination and conduct
     2     examinations of qualified applicants for licensure at least
     3     twice annually at such times and places as designated by the
     4     board.
     5         (3)  To record all licenses in its office.
     6         (4)  To grant a license to practice optometry in this
     7     Commonwealth to any applicant for licensure who has passed
     8     the prescribed examination and otherwise complied with the
     9     provisions of this act.
    10         (5)  To appoint an Advisory Committee on Continuing
    11     Professional Education which shall consist of consultants who
    12     are optometric educators and optometric practitioners to
    13     serve with the Deputy Secretary for Higher Education or his
    14     designee.
    15     (b)  The board shall have the following powers:
    16         (1)  To grant, refuse, revoke or suspend any license to
    17     practice optometry in this Commonwealth pursuant to the
    18     provisions of this act.
    19         (2)  To conduct hearings, investigations and discovery
    20     proceedings; to administer oaths or affirmations to
    21     witnesses, take testimony, issue subpoenas to compel
    22     attendance of witnesses or the production of records; to
    23     exercise all powers granted by law or regulation in
    24     accordance with the general rules of administrative practice
    25     and procedure. The board or its designated hearing examiner
    26     shall exercise the powers enumerated in this paragraph with
    27     regard to both licensed doctors of optometry and persons
    28     practicing optometry without a license.
    29         (3)  To obtain injunctions from a court of competent
    30     jurisdiction against persons practicing optometry in
    19790S0770B0832                  - 4 -

     1     violation of this act when such practice constitutes a threat
     2     to the health and welfare of the public; provided that the
     3     board or its designated hearing examiner shall conduct a
     4     hearing as otherwise required by this section within 30 days
     5     of the injunction date. The chairperson of the board shall
     6     exercise this power whenever the board is not in session.
     7         (4)  To recommend to the Commissioner of Professional and
     8     Occupational Affairs such staff as is necessary to carry out
     9     the provisions of this act.
    10         (5)  To incur expenses, retain consultants, appoint
    11     committees from its own membership and appoint advisory
    12     committees which may include nonboard members.
    13         (6)  To compensate at a rate fixed by the board, but not
    14     to exceed $75 per diem or $1,000 annually consultants and
    15     nonboard members of advisory committees.
    16         (7)  To authorize the payment of special reimbursements
    17     for the secretary of the board or any other designated member
    18     of the board for rendering special services authorized by the
    19     board.
    20         (8)  To use qualified board hearing examiners to conduct
    21     hearings and prepare adjudications for final review and
    22     approval by the board, including disciplinary sanctions.
    23     Nothing shall prohibit the board or a designated board member
    24     from conducting such hearings.
    25         (9)  To establish and administer a records system which
    26     records shall be open to public inspection during the regular
    27     business hours of the board.
    28         (10)  To hold meetings, other than required by subsection
    29     (a), for the conduct of its business upon giving public
    30     notice of such meetings.
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     1         (11)  In consultation with the Council on Optometric
     2     Education or its successor and the appropriate regional
     3     accrediting body recognized by the United States Office of
     4     Education, to approve those optometric educational
     5     institutions in the United States and Canada which are
     6     accredited for the purposes of this act.
     7         (12)  In consultation with the Advisory Committee on
     8     Continuing Professional Education, to establish and approve
     9     by rule and regulation courses of continuing professional
    10     optometric education. Only those educational programs as are
    11     available to all licensees on a reasonable nondiscriminatory
    12     fee basis shall be approved. Programs to be held within or
    13     without the Commonwealth may receive approval. The number of
    14     required hours of study may not exceed those that are
    15     available at approved courses held within the Commonwealth
    16     during the applicable license renewal period. In cases of
    17     certified illness or undue hardship, the board is empowered
    18     to waive the continuing education requirement.
    19         (13)  To certify, upon the written request of a licensee
    20     and payment of the prescribed fee, that the licensee is
    21     qualified for licensure and the practice of optometry in this
    22     Commonwealth.
    23         (14)  To promulgate all rules and regulations necessary
    24     to carry out the purposes of this act.
    25  Section 5.  Requirements for examination.
    26     (a)  A person holding a Doctor of Optometry degree from an
    27  accredited optometric educational institution in the United
    28  States or Canada, who furnishes the board with evidence that he
    29  is at least 21 years of age, has completed the educational
    30  requirements prescribed by the board, is of good moral
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     1  character, is not addicted in the use of alcohol or narcotics or
     2  other habit-forming drugs and who pays the fee may apply to the
     3  board for examination for licensure.
     4     (b)  The board shall establish by rule or regulation
     5  procedures for examination and all other matters related to the
     6  proficiency of applicants for licensure.
     7     (c)  The board may establish further requirements to be met
     8  by optometric graduates from unaccredited schools or colleges of
     9  optometry before granting such graduates the right to take an
    10  examination.
    11     (d)  An applicant who knowingly makes a false statement of
    12  fact in an application for examination shall be deemed to have
    13  violated this act and shall be subject to the penalties set
    14  forth herein.
    15  Section 6.  Renewal of license.
    16     (a)  A person licensed by the board shall apply for renewal
    17  of such license by such methods as the board shall determine by
    18  regulation, provided that such renewal period shall not exceed
    19  two years.
    20     (b)  Beginning with the year 1982 license shall not be
    21  renewed by the board unless the optometrist applying for renewal
    22  submits proof to the board that during the two calendar years
    23  immediately preceding his application he has satisfactorily
    24  completed a minimum of 24 hours of continuing professional
    25  optometric education approved by the board.
    26  Section 7.  Exemptions and exceptions.
    27     (a)  The licensure requirements of this act shall not apply
    28  to optometry officers in the medical service of the armed forces
    29  of the United States, the United States Public Health Service,
    30  the Veterans' Administration or optometrists employed in Federal
    19790S0770B0832                  - 7 -

     1  service, while in discharge of their official duties.
     2     (b)  The board shall permit externs, who are fourth year
     3  optometric students, to perform procedures and tests for the
     4  sole purpose of instruction and experience under the direct
     5  supervision and control of an optometrist licensed in this
     6  Commonwealth. Nothing contained in this act shall be construed
     7  to entitle an extern to practice optometry.
     8     (c)  The board may, upon written application and payment of
     9  the regular examination fee, issue a license without an
    10  examination, other than clinical, to any applicant who:
    11         (1)  Is at least 21 years of age.
    12         (2)  Has passed a standard examination in optometry in
    13     any other state or all parts of the examination given by the
    14     National Board of Examiners in Optometry, provided that the
    15     standards of the other state or the National Board are, in
    16     the opinion of the board, equal to the standards of this
    17     Commonwealth.
    18         (3)  Is licensed in another state and has practiced in
    19     that state for a minimum of five years immediately preceding
    20     application.
    21     (d)  Nothing in this section shall prohibit the board from
    22  imposing additional educational requirements as a requisite for
    23  licensure.
    24     (e)  Nothing in this act shall prohibit the sale or
    25  duplication of frames, lenses, spectacles or eyeglasses by any
    26  person provided that no such person shall change or modify an
    27  original lens power except on a signed written order of a
    28  licensed doctor of optometry or licensed physician and surgeon,
    29  provided that no person except a licensed doctor of optometry or
    30  licensed physician and surgeon may adopt or fit any kind of
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     1  contact lenses.
     2     (f)  The provisions of this act shall not apply to physicians
     3  licensed under the laws of this Commonwealth.
     4  Section 8.  Refusal, revocation or suspension of license.
     5     (a)  The board shall have the power to refuse, revoke or
     6  suspend a license to practice optometry in this Commonwealth
     7  for:
     8         (1)  Failure of an applicant for licensure to demonstrate
     9     the necessary qualifications as provided in this act or the
    10     rules and regulations of the board.
    11         (2)  Failure to permanently display in any location in
    12     which he practices a license or a certified copy of a license
    13     issued by the board.
    14         (3)  Use of deceit or fraud in obtaining a license or in
    15     the practice of optometry.
    16         (4)  Making misleading, deceptive, untrue or fraudulent
    17     representations or advertisements in the practice of
    18     optometry.
    19         (5)  Conviction of a felony or a crime involving moral
    20     turpitude. Conviction shall include a finding or verdict of
    21     guilt, an admission of guilt or a plea of non contendere.
    22         (6)  Revocation, suspension or refusal to grant a license
    23     to practice optometry, or imposition of other disciplinary
    24     action, by the proper licensing authority of another state,
    25     territory or country.
    26         (7)  Inability to practice optometry with reasonable
    27     skill and safety to patients by reason of incompetence,
    28     illness, drunkenness, excessive use of drugs, narcotics,
    29     chemicals or other type of material, or as a result of any
    30     mental or physical condition.
    19790S0770B0832                  - 9 -

     1         (8)  Violation of a regulation promulgated or order
     2     issued by the board in a previous disciplinary proceeding
     3     against that licensee or applicant for licensure.
     4         (9)  Knowingly aiding, assisting, procuring or advising
     5     an unlicensed person, or person who is in violation of this
     6     act, or the rules and regulations of the board, to practice
     7     optometry.
     8         (10)  Being guilty of immoral or unprofessional conduct.
     9     Unprofessional conduct shall include any departure from, or
    10     failure to conform to, the acceptable and prevailing
    11     standards of optometric practice in rendering professional
    12     service to a patient. Actual injury to a patient need not be
    13     established.
    14     (b)  When the board finds that the license of a person may be
    15  refused, revoked or suspended the board may:
    16         (1)  Refuse, revoke or suspend a license.
    17         (2)  Administer a public or private reprimand.
    18         (3)  Limit or otherwise restrict the licensee's practice
    19     under this act.
    20         (4)  Suspend any enforcement under this subsection and
    21     place an optometrist on probation, with the right to vacate
    22     the probationary order and impose the enforcement.
    23     (c)  A person affected by any action of the board under this
    24  section shall be afforded an opportunity to demonstrate that he
    25  is no longer in violation of this section.
    26     (d)  A person may complain of a violation of the provisions
    27  of this act or the rules and regulations of the board by filing
    28  a written complaint with the secretary of the board. The board
    29  shall decide either to dismiss the case, issue an injunction, or
    30  hold a hearing in accordance with the general rules of
    19790S0770B0832                 - 10 -

     1  administrative practice and procedure. If the person filing the
     2  complaint is a member of the board, he shall disqualify himself
     3  from participating as a member of the board in all procedures
     4  related to the complaint which he filed.
     5     (e)  Actions of the board shall be taken subject to the right
     6  of notice, hearing, adjudication and appeal accorded by law.
     7  Section 9.  Violations and penalties.
     8     (a) (1)  It is unlawful for any person in the Commonwealth to
     9     engage in the practice of optometry or pretend to have a
    10     knowledge of any branch or branches of the practice of
    11     optometry or to hold himself forth as a practitioner of
    12     optometry, unless he has fulfilled the requirements of this
    13     act and received a license to practice optometry in this
    14     Commonwealth.
    15         (2)  A person found to be guilty of practicing optometry
    16     without a license as a result of court action or as a result
    17     of board action shall be guilty of a misdemeanor and shall,
    18     on first offense, be subject to a fine of not more than
    19     $1,000 or imprisonment of not more than six months, or both.
    20     Conviction on each additional offense shall result in a fine
    21     of not less than $2,000 and imprisonment of not less than six
    22     months or more than one year.
    23     (b)  A person convicted of violating a provision of this act,
    24  other than of subsection (a), is guilty of a summary offense and
    25  shall be fined not more than $500.
    26  Section 10.  Fees and other moneys.
    27     (a)  The board shall have the power to fix or change fees for
    28  examination, biennial and late biennial license renewal,
    29  verification of licensure or grades to other jurisdictions,
    30  initial and renewal certified copies of licenses, and biennial
    19790S0770B0832                 - 11 -

     1  renewal of branch offices.
     2     (b)  Moneys collected under the provisions of this act shall
     3  be paid into a designated account and disbursed according to
     4  law.
     5  Section 11.  Provision of services and reimbursement.
     6     Any State or municipal board, commission, department,
     7  institution, agency or bureau, including public schools,
     8  expending public money for any purpose involving eye care,
     9  policy of insurance, self-insured sickness, health or welfare
    10  plan, benefits or medical or health service contracts providing
    11  for payment or reimbursement for an eye care service, shall not
    12  deny the recipients or beneficiaries the freedom to choose a
    13  duly licensed optometrist or a duly licensed physician as the
    14  provider of eye care which is within the scope of the practice
    15  of optometry as defined in this act. They shall make the same
    16  reimbursement whether the care is provided by a duly licensed
    17  physician or by a duly licensed optometrist. Whenever programs,
    18  policies, plans or contracts which pay on the basis of usual,
    19  customary and reasonable charges or on some similar basis are
    20  used, only the method of determining the amount of reimbursement
    21  shall be the same.
    22  Section 12.  Repeals.
    23     (a)  The act of March 30, 1917 (P.L.21, No.10), entitled "An
    24  act defining optometry; and relating to the right to practice
    25  optometry in the Commonwealth of Pennsylvania, and making
    26  certain exceptions; and providing a Board of Optometrical
    27  Education, Examination, and Licensure, and means and methods
    28  whereby the right to practice optometry may be obtained; and
    29  providing for the means to carry out the provisions of this act;
    30  and providing for revocation or suspension of licenses given by
    19790S0770B0832                 - 12 -

     1  said board, and providing penalties for violations thereof; and
     2  repealing all acts or parts of acts inconsistent therewith," is
     3  repealed.
     4     (b)  All acts or parts of acts are repealed which are
     5  inconsistent herewith.
     6  Section 13.  Effective date.
     7     This act shall take effect in 60 days.
















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