PRIOR PRINTER'S NOS. 832, 1243, 1417,         PRINTER'S NO. 1815
        1662, 1717

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 770 Session of 1979


                     Report of the Committee of Conference

        To the Members of the Senate and House of Representatives:

           We, the undersigned, Committee of Conference on the part of
        the Senate and House of Representatives for the purpose of
        considering Senate Bill No. 770, entitled:
        "An act regulating the licensure and practice of optometry,
        making repeals and providing penalties."



        respectfully submit the following bill as our report:

                                           W. LOUIS COPPERSMITH

                                           JAMES R. KELLEY

                                           RALPH W. HESS

                                  (Committee on the part of the Senate.)

                                           EUGENE R. GEESEY

                                           WILLIAM D. HUTCHINSON

                                           REID BENNETT

                (Committee on the part of the House of Representatives.)




                                     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.  Definitions.
     6     Section  3.  Powers and duties of the board.
     7     Section  4.  Requirements for examination.
     8     Section  5.  Renewal of license.
     9     Section  6.  Exemptions and exceptions.
    10     Section  7.  Refusal, revocation or suspension of license.
    11     Section  8.  Violations and penalties.
    12     Section  9.  Fees and other moneys.
    13     Section 10.  Freedom of choice.
    14     Section 11.  Transitional provisions.
    15     Section 12.  Repeals.
    16     Section 13.  Effective date.
    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19  Section 1.  Short title.
    20     This act shall be known and may be cited as the "Optometric
    21  Practice and Licensure Act."
    22  Section 2.  Definitions.
    23     The following words and phrases when used in this act shall
    24  have, unless the context clearly indicates otherwise, the
    25  meanings given to them in this section:
    26     "Advisory Committee on Continuing Professional Education."
    27  An advisory committee established pursuant to section 3 to make
    28  recommendations to the board relating to continuing professional
    29  education.

     1     "Board."  The State Board of Optometrical Examiners
     2  established pursuant to section 415, act of April 9, 1929
     3  (P.L.177, No.175), known as "The Administrative Code of 1929,"
     4  or any successor board.
     5     "Examination and diagnosis."  Any examination or diagnostic
     6  means or method compatible with optometric education and
     7  professional competence. The term shall encompass the use of
     8  pharmaceutical agents for diagnostic purposes classified as
     9  miotics, mydriatics, cycloplegics, topical anesthetics and dyes
    10  when applied topically to the eye, which pharmaceutical agents
    11  shall be approved by the Secretary of Health and, subject to the
    12  rules and regulations of the board, provided however that with
    13  respect to optometrists licensed before March 1, 1974 only such
    14  optometrists who have satisfactorily completed a course in
    15  pharmacology as it applies to optometry, with particular
    16  emphasis on the topical application of diagnostic pharmaceutical
    17  agents to the eye, approved by the board shall be permitted to
    18  use diagnostic pharmaceutical agents topically in the practice
    19  of optometry.
    20     "Optometrist."  Any person who, following formal and
    21  recognized training in the art and science of optometry has
    22  received a doctor of optometry degree from an accredited
    23  institution and is qualified to seek or has acquired a license
    24  to practice the profession of optometry. An optometrist shall be
    25  identified either by "Doctor of Optometry," "O.D.," or "Dr."
    26  followed by "Optometrist."
    27     "Practice of optometry."  The use of any and all means or
    28  methods for the examination, diagnosis and except for drugs or
    29  surgery, treatment of conditions of the human visual system and
    30  shall include the examination for, and adapting and fitting of,
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     1  any and all kinds and types of lenses.
     2     "Treatment."  The use of any and all preventive and
     3  corrective means and methods, except for drugs or surgery, for
     4  aid to the human visual system and shall include but is not
     5  limited to the adapting and fitting of any and all kinds and
     6  types of lenses and devices and the provision of vision
     7  developmental and perceptual therapy or ocular exercise for aid
     8  to or enhancement of visual functions.
     9  Section 3.  Powers and duties of the board.
    10     (a)  The board shall have the following duties:
    11         (1)  To meet at least six times annually at a place
    12     within the Commonwealth determined by the board for the
    13     transaction of its business.
    14         (2)  To prescribe the subjects to be tested, authorize
    15     written and practical portions of the examination and conduct
    16     examinations of qualified applicants for licensure at least
    17     twice annually at such times and places as designated by the
    18     board.
    19         (3)  To record all licenses in its office.
    20         (4)  To grant a license to practice optometry in this
    21     Commonwealth to any applicant for licensure who has passed
    22     the prescribed examination and otherwise complied with the
    23     provisions of this act.
    24         (5)  To appoint an Advisory Committee on Continuing
    25     Professional Education which shall consist of consultants who
    26     are optometric educators and optometric practitioners to
    27     serve with the Deputy Secretary for Higher Education or his
    28     designee.
    29     (b)  The board shall have the following powers:
    30         (1)  To grant, refuse, revoke or suspend any license to
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     1     practice optometry in this Commonwealth pursuant to the
     2     provisions of this act.
     3         (2)  To conduct hearings, investigations and discovery
     4     proceedings; to administer oaths or affirmations to
     5     witnesses, take testimony, issue subpoenas to compel
     6     attendance of witnesses or the production of records; to
     7     exercise all powers granted by law or regulation in
     8     accordance with the general rules of administrative practice
     9     and procedure. The board or its designated hearing examiner
    10     may exercise the powers enumerated in this paragraph with
    11     regard to both licensed doctors of optometry and persons
    12     practicing optometry without a license.
    13         (3)  To obtain injunctions from a court of competent
    14     jurisdiction against persons practicing optometry in
    15     violation of this act when such practice constitutes a threat
    16     to the health and welfare of the public; provided that the
    17     board or its designated hearing examiner shall conduct a
    18     hearing as otherwise required by this section within 30 days
    19     of the injunction date. The chairperson of the board shall
    20     exercise this power whenever the board is not in session.
    21         (4)  To recommend to the Commissioner of Professional and
    22     Occupational Affairs such staff as is necessary to carry out
    23     the provisions of this act.
    24         (5)  To incur expenses, retain consultants, appoint
    25     committees from its own membership and appoint advisory
    26     committees which may include nonboard members.
    27         (6)  To compensate at a rate fixed by the board,
    28     consultants and nonboard members of advisory committees.
    29         (7)  To authorize the payment of special reimbursements
    30     for the secretary of the board or any other designated member
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     1     of the board for rendering special services authorized by the
     2     board.
     3         (8)  To use qualified board hearing examiners to conduct
     4     hearings and prepare adjudications for final review and
     5     approval by the board, including disciplinary sanctions.
     6     Nothing shall prohibit the board or a designated board member
     7     from conducting such hearings.
     8         (9)  To establish and administer a records system which
     9     records shall be open to public inspection during the regular
    10     business hours of the board.
    11         (10)  To hold meetings, other than required by subsection
    12     (a), for the conduct of its business upon giving public
    13     notice of such meetings.
    14         (11)  In consultation with the Council on Optometric
    15     Education or its successor and the appropriate regional
    16     accrediting body recognized by the United States Department
    17     of Education, to approve those optometric educational
    18     institutions in the United States and Canada which are
    19     accredited for the purposes of this act.
    20         (12)  In consultation with the Advisory Committee on
    21     Continuing Professional Education, to establish and approve
    22     by rule and regulation courses of continuing professional
    23     optometric education. Only those educational programs as are
    24     available to all licensees on a reasonable nondiscriminatory
    25     fee basis shall be approved. Programs to be held within or
    26     outside of the Commonwealth may receive approval. The number
    27     of required hours of study may not exceed those that are
    28     available at approved courses held within the Commonwealth
    29     during the applicable license renewal period. In cases of
    30     certified illness or undue hardship, the board is empowered
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     1     to waive the continuing education requirement.
     2         (13)  To certify, upon the written request of a licensee
     3     and payment of the prescribed fee, that the licensee is
     4     qualified for licensure and the practice of optometry in this
     5     Commonwealth.
     6         (14)  To promulgate all rules and regulations necessary
     7     to carry out the purposes of this act.
     8         (15)  To administer and enforce the laws of the
     9     Commonwealth relating to those activities involving optometry
    10     for which licensing is required under this act and to
    11     instruct and require its agents to bring prosecutions for
    12     unauthorized and unlawful practice.
    13  Section 4.  Requirements for examination.
    14     (a)  A person holding a Doctor of Optometry degree from an
    15  accredited optometric educational institution in the United
    16  States or Canada, who furnishes the board with evidence that he
    17  is at least 21 years of age, has completed the educational
    18  requirements prescribed by the board and is of good moral
    19  character, is not addicted in the use of alcohol or narcotics or
    20  other habit-forming drugs and who pays the fee may apply to the
    21  board for examination for licensure.
    22     (b)  The board may establish further requirements to be met
    23  by optometric graduates from unaccredited schools or colleges of
    24  optometry before granting such graduates the right to take an
    25  examination.
    26     (c)  An applicant who knowingly makes a false statement of
    27  fact in an application for examination shall be deemed to have
    28  violated this act and shall be subject to the penalties set
    29  forth herein.
    30  Section 5.  Renewal of license.
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     1     (a)  A person licensed by the board shall apply for renewal
     2  of such license by such methods as the board shall determine by
     3  regulation, provided that such renewal period shall not exceed
     4  two years.
     5     (b)  Beginning with the year 1982 license shall not be
     6  renewed by the board unless the optometrist applying for renewal
     7  submits proof to the board that during the two calendar years
     8  immediately preceding his application he has satisfactorily
     9  completed a minimum of 24 hours of continuing professional
    10  optometric education approved by the board.
    11  Section 6.  Exemptions and exceptions.
    12     (a)  The licensure requirements of this act shall not apply
    13  to optometry officers in the medical service of the armed forces
    14  of the United States, the United States Public Health Service,
    15  the Veterans' Administration or optometrists employed in Federal
    16  service, while in discharge of their official duties.
    17     (b)  The board shall permit externs, who are fourth year
    18  optometric students, to perform procedures and tests for the
    19  sole purpose of instruction and experience under the direct
    20  supervision and control of an optometrist licensed in this
    21  Commonwealth. Nothing contained in this act shall be construed
    22  to entitle an extern to practice optometry.
    23     (c)  The board may, upon written application and payment of
    24  the regular examination fee, issue a license without an
    25  examination, other than clinical, to any applicant who:
    26         (1)  is at least 21 years of age; and
    27         (2)  (i)  has passed a standard examination in optometry
    28         in any other state or all parts of the examination given
    29         by the National Board of Examiners in Optometry, provided
    30         that the standards of the other state or the National
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     1         Board are equal to or exceed the standards of this
     2         Commonwealth; or
     3             (ii) is licensed in another state and has practiced
     4         in that state for a minimum of four years immediately
     5         preceding application.
     6     (d)  Nothing in this section shall prohibit the board from
     7  imposing additional uniform educational requirements as a
     8  requisite for licensure.
     9     (e)  Nothing in this act shall prohibit the sale, duplication
    10  and reproduction or dispensing of frames, lenses, spectacles or
    11  eyeglasses and related optical appurtenances by any person
    12  provided that no such person shall change or modify an original
    13  lens power except on a signed written order of a licensed doctor
    14  of optometry or licensed physician and surgeon. The sale or
    15  manufacture of ready-to-wear spectacles and eyeglasses does not
    16  constitute change or modification of an original lens power
    17  within the meaning of this act.
    18     (f)  The provisions of this act shall not apply to physicians
    19  licensed under the laws of this Commonwealth.
    20  Section 7.  Refusal, revocation or suspension of license.
    21     (a)  The board shall have the power to refuse, revoke or
    22  suspend a license to practice optometry in this Commonwealth
    23  for:
    24         (1)  Failure of an applicant for licensure to demonstrate
    25     the necessary qualifications as provided in this act or the
    26     rules and regulations of the board.
    27         (2)  Failure to permanently display in any location in
    28     which he practices a license or a certified copy of a license
    29     issued by the board.
    30         (3)  Use of deceit or fraud in obtaining a license or in
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     1     the practice of optometry.
     2         (4)  Making misleading, deceptive, untrue or fraudulent
     3     representations or advertisements in the practice of
     4     optometry.
     5         (5)  Conviction of a felony or a crime involving moral
     6     turpitude. Conviction shall include a finding or verdict of
     7     guilt, an admission of guilt or a plea of nolo contendere.
     8         (6)  Revocation, suspension or refusal to grant a license
     9     to practice optometry, or imposition of other disciplinary
    10     action, by the proper licensing authority of another state,
    11     territory or country.
    12         (7)  Inability to practice optometry with reasonable
    13     skill and safety to patients by reason of incompetence,
    14     illness, drunkenness, excessive use of drugs, narcotics,
    15     chemicals or other type of material, or as a result of any
    16     mental or physical condition.
    17         (8)  Violation of a regulation promulgated or order
    18     issued by the board in a previous disciplinary proceeding
    19     against that licensee or applicant for licensure.
    20         (9)  Knowingly aiding, assisting, procuring or advising
    21     an unlicensed person, or person who is in violation of this
    22     act, or the rules and regulations of the board, to practice
    23     optometry.
    24         (10)  Failure to conform to, the acceptable and
    25     prevailing standards of optometric practice in rendering
    26     professional service to a patient. Actual injury to a patient
    27     need not be established.
    28         (11)  Neglect of duty in the practice of optometry, which
    29     may include failure to refer a patient, when appropriate, to
    30     a physician for consultation or further treatment when an
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     1     optometric examination determines the presence of a
     2     pathology.
     3     (b)  When the board finds that the license of a person may be
     4  refused, revoked or suspended the board may:
     5         (1)  Refuse, revoke or suspend a license.
     6         (2)  Administer a public or private reprimand.
     7         (3)  Limit or otherwise restrict the licensee's practice
     8     under this act.
     9         (4)  Suspend any enforcement under this subsection and
    10     place an optometrist on probation, with the right to vacate
    11     the probationary order and impose the enforcement.
    12     (c)  A person affected by any action of the board under this
    13  section shall be afforded an opportunity to demonstrate that he
    14  is no longer in violation of this section.
    15     (d)  A person may complain of a violation of the provisions
    16  of this act or the rules and regulations of the board by filing
    17  a written complaint with the secretary of the board. The board
    18  shall decide either to dismiss the case, issue an injunction, or
    19  hold a hearing in accordance with the general rules of
    20  administrative practice and procedure. If the person filing the
    21  complaint is a member of the board, he shall disqualify himself
    22  from participating as a member of the board in all procedures
    23  related to the complaint which he filed.
    24     (e)  Actions of the board shall be taken subject to the right
    25  of notice, hearing, adjudication and appeal accorded by law.
    26  Section 8.  Violations and penalties.
    27     (a) (1)  It is unlawful for any person in the Commonwealth to
    28     engage in the practice of optometry or pretend to have a
    29     knowledge of any branch or branches of the practice of
    30     optometry or to hold himself forth as a practitioner of
    19790S0770B1815                 - 10 -

     1     optometry, unless he has fulfilled the requirements of this
     2     act and received a license to practice optometry in this
     3     Commonwealth.
     4         (2)  A person convicted of practicing optometry without a
     5     license shall be guilty of a misdemeanor and shall, on first
     6     offense, be subject to a fine of not more than $1,000 or
     7     imprisonment of not more than six months, or both. Conviction
     8     on each additional offense shall result in a fine of not less
     9     than $2,000 and imprisonment of not less than six months or
    10     more than one year.
    11     (b)  A person convicted of violating a provision of this act,
    12  other than of subsection (a), is guilty of a summary offense and
    13  shall be fined not more than $500.
    14  Section 9.  Fees and other moneys.
    15     (a)  The board shall have the power to fix or change fees for
    16  examination, biennial license renewal, verification of licensure
    17  or grades to other jurisdictions, initial and renewal certified
    18  copies of licenses, and biennial renewal of branch offices.
    19     (b)  Moneys collected under the provisions of this act shall
    20  be paid into a designated account and disbursed according to
    21  law.
    22  Section 10.  Freedom of choice.
    23     Any State or municipal board, commission, department,
    24  institution, agency or bureau including public schools,
    25  expending public money for any purpose involving eye care which
    26  is within the scope of the practice of optometry shall not deny
    27  the recipients or beneficiaries the freedom to choose an
    28  optometrist or a physician and shall make the same reimbursement
    29  whether the service is provided by an optometrist or a
    30  physician: Provided, That whenever programs, policies, plans or
    19790S0770B1815                 - 11 -

     1  contracts which pay on the basis of usual, customary and
     2  reasonable charges or on some similar basis are used, only the
     3  method of determining the amount of reimbursement shall be the
     4  same.
     5  Section 11.  Transitional provisions.
     6     (a)  Notwithstanding its repeal pursuant to section 12(a),
     7  all valid licenses issued prior to the effective date of this
     8  act under the provisions of the act of March 30, 1917 (P.L.21,
     9  No.10), referred to as the Optometry Practice Law shall continue
    10  with full force and validity during the period for which issued.
    11  For the subsequent license period, and each license period
    12  thereafter, the board shall renew such licenses without
    13  requiring any license examination to be taken. However,
    14  applicants for renewal or holders of such licenses shall be
    15  subject to all other provisions of this act.
    16     (b)  All proceedings in progress on the effective date of
    17  this act shall continue to proceed under the former terms of the
    18  act under which they were originally brought.
    19     (c)  All offenses alleged to have occurred prior to the
    20  effective date of this act shall be processed under the former
    21  Optometry Practice Law.
    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
    19790S0770B1815                 - 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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