PRINTER'S NO. 271
No. 243 Session of 1989
INTRODUCED BY MARKOSEK, BOYES, RITTER, MORRIS, COY, VAN HORNE,
MELIO, RAYMOND, COLAIZZO, TRELLO, OLASZ, CIVERA, LETTERMAN,
STABACK, PRESTON, MAIALE, PISTELLA, MICHLOVIC, COWELL,
FARMER, CORRIGAN, DeLUCA, BELARDI, ACOSTA, DONATUCCI,
SERAFINI, WILLIAMS, VEON, LANGTRY, KENNEY, J. TAYLOR AND
BILLOW, FEBRUARY 6, 1989
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
FEBRUARY 6, 1989
AN ACT
1 Relating to the practice of opticianry and contact lens fitting;
2 requiring licensing of persons; and providing for injunctions
3 and penalties.
4 It is the purpose of this act to provide for the regulation
5 of persons in the practice of opticianry and contact lens
6 fitting in order to safeguard public health, safety and welfare
7 and to protect the public by assuring that persons engaged in
8 the practice of opticianry and contact lens fitting meet minimum
9 standards of competence.
10 TABLE OF CONTENTS
11 Section 1. Short title.
12 Section 2. Definitions.
13 Section 3. State Board of Opticians and Contacts Lens
14 Technicians.
15 Section 4. Powers and duties of board.
16 Section 5. License required.
1 Section 6. Persons and practices not affected.
2 Section 7. Requirements for licensure.
3 Section 8. Examinations.
4 Section 9. Waiver of written examination requirements.
5 Section 10. Licenses.
6 Section 11. Renewal of license; continuing education.
7 Section 12. Apprentices and other ancillary personnel.
8 Section 13. Temporary license.
9 Section 14. Special provision.
10 Section 15. Causes for denial, suspension or revocation of
11 license.
12 Section 16. Procedures in disciplinary actions.
13 Section 17. Reporting of multiple licensure.
14 Section 18. Display of license or certificate.
15 Section 19. Surrender of license.
16 Section 20. Unlawful acts.
17 Section 21. Civil penalty.
18 Section 22. Fees.
19 Section 23. Appropriation.
20 Section 24. General repeal.
21 Section 25. Effective date.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Short title.
25 This act shall be known and may be cited as the Opticians and
26 Contact Lens Technicians Licensing Act.
27 Section 2. Definitions.
28 The following words and phrases when used in this act shall
29 have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
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1 "Apprentice." A person who holds a certificate of
2 apprenticeship issued in accordance with this act.
3 "Board." The State Board of Opticians and Contact Lens
4 Technicians.
5 "Commissioner." The Commissioner of Professional and
6 Occupational Affairs.
7 "Contact lens technician." A person licensed in accordance
8 with this act who fits an appropriate contact lens for a
9 specific intended wearer and completely assists such wearer in
10 the use of the contact lens if the following conditions are met:
11 (1) The fitting is based on prescription of a licensed
12 physician or optometrist.
13 (2) The wearer is informed, in accordance with section
14 14(b) of this act, to return to the prescribing physician or
15 optometrist for periodic evaluation during the fit whenever
16 the fitter believes professional judgment is needed, but at
17 intervals not to exceed three months.
18 (3) No person licensed in accordance with this act shall
19 fill a prescription or dispense contact lenses unless the
20 prescribing physician or optometrist specifies that the
21 prescriber intends it to be for contact lenses.
22 (4) No person licensed in accordance with this act shall
23 fill a prescription beyond an expiration date specified by
24 the prescribing physician or optometrist.
25 "Fitting of contact lenses." A procedure in which a
26 prescribed contact lens is placed upon the eye of a wearer and
27 the lens-cornea relationship is evaluated with the use of a
28 biomicroscope or slit-lamp.
29 "Optician." A person licensed in accordance with this act to
30 practice opticianry.
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1 "Practice of opticianry." The practice of filling
2 prescriptions of licensed physicians or optometrists for
3 ophthalmic lenses; interpreting these prescriptions and taking
4 measurements to determine size and shape of lenses, frames or
5 lens forms best suited to the wearer's needs; providing
6 duplicate or replacement lenses without prescription; repairing
7 and reproducing previously prepared ophthalmic lenses and frames
8 without prescription; preparing and delivering work orders to
9 technicians engaged in grinding lenses and fabricating eyewear;
10 verifying the accuracy of ophthalmic lenses; and adjusting and
11 dispensing lenses, specially fabricated optical devices, frames
12 and appurtenances thereof to the intended wearer. The practice
13 of opticianry shall not include the fitting of contact lenses.
14 "Prescription." A written or oral direction from a licensed
15 physician or optometrist for lenses, consisting of the
16 refractive power and, when necessary, the vertex distance, the
17 cylinder axis and prism. A prescription for contact lenses shall
18 also specifically indicate approval for contact lens fitting.
19 The neutralization of a spectacle lens shall not constitute a
20 prescription for contact lenses. An oral or telephonically
21 transmitted prescription shall be documented in the files of the
22 optician or the contact lens technician.
23 "Supervision." The direction and control of work through
24 personal inspection and evaluation of work and the provision of
25 such consultation and instruction as may be needed.
26 Section 3. State Board of Opticians and Contact Lens
27 Technicians.
28 (a) Creation.--There is hereby created a departmental
29 administrative board to be known as the State Board of Opticians
30 and Contact Lens Technicians which shall be in the Bureau of
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1 Professional and Occupational Affairs of the Department of
2 State.
3 (b) Members.--The board shall consist of nine members, all
4 of whom shall be residents of this Commonwealth and two of whom
5 shall be chosen as representatives of the public interest. The
6 remaining seven members shall be two opticians, two contact lens
7 technicians, one individual who is either an optician or a
8 contact lens technician and who owns a retail place of business
9 in which either opticianry or the fitting of contact lenses is
10 practiced, the commissioner and the Director of the Bureau of
11 Consumer Protection in the Office of Attorney General or his
12 designee. The professional and public members of the board
13 should be chosen so they are geographically representative.
14 (c) Appointment.--The professional and public members of the
15 board shall be appointed by the Governor with the advice and
16 consent of a majority of the members elected to the Senate.
17 (d) Terms of office.--The term of each professional and
18 public member of the board shall be four years or until his
19 successor has been appointed and qualified, but not longer than
20 six months beyond the four-year period. In the event that any of
21 the members shall die or resign or otherwise become disqualified
22 during his term, a successor shall be appointed in the same way
23 and with the same qualifications and shall hold office for the
24 unexpired term. Of the optician members of the board first
25 appointed, one optician shall serve a term of two years and the
26 other optician shall serve a term of four years. Of the contact
27 lens technician members of the board first appointed, one
28 contact lens technician shall serve a term of four years and the
29 other shall serve a term of two years. The individual first
30 appointed who is either an optician or a contact lens technician
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1 and who owns a retail place of business in which either
2 opticianry or the fitting of contact lenses is practiced shall
3 serve a term of four years. Of the public members of the board
4 first appointed, one public member shall serve a term of two
5 years and one public member shall serve a term of four years.
6 The Governor shall nominate the initial professional and public
7 members within 90 days of the effective date of this act.
8 (e) Reappointment.--A member of the board shall be eligible
9 for reappointment. A member shall not be appointed to serve more
10 than two consecutive terms.
11 (f) Compensation.--Each member of the board, except the
12 commissioner and the Director of the Bureau of Consumer
13 Protection, shall receive $60 per diem when actually attending
14 to the work of the board. Members shall also receive the amount
15 of reasonable traveling, hotel and other necessary expenses
16 incurred in the performance of their duties in accordance with
17 Commonwealth regulations.
18 (g) Meetings.--The board shall meet at least twice a year
19 and may hold additional meetings whenever necessary to discharge
20 its duties. A majority of the members of the board serving in
21 accordance with law shall constitute a quorum. Except for
22 temporary and automatic suspensions under section 16, a member
23 may not be counted as part of a quorum or vote on any issue
24 unless he is physically in attendance at the meeting.
25 (h) Attendance.--A member who fails to attend three
26 consecutive meetings shall forfeit membership unless the
27 commissioner, upon written request from the member, finds that
28 the member should be excused from a meeting because of illness
29 or the death of an immediate family member.
30 (i) Attendance at training seminars.--A public member who
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1 fails to attend two consecutive statutorily mandated training
2 seminars in accordance with section 813(e) of the act of April
3 9, 1929 (P.L.177, No.175), known as The Administrative Code of
4 1929, shall forfeit his seat, unless the commissioner, upon
5 written request from the public member, finds that the public
6 member should be excused from a meeting because of illness or
7 the death of a family member.
8 Section 4. Powers and duties of board.
9 (a) Electing officers.--The board shall elect annually from
10 its membership a chairman, vice chairman and secretary.
11 (b) Reviewing applications.--The board shall pass upon the
12 qualifications of applicants for licensure, insure the conduct
13 of examinations and issue and renew licenses to opticians or
14 contact lens technicians who qualify under this act.
15 (c) Disciplinary actions.--The board may refuse, revoke,
16 suspend, limit or otherwise restrict a license of an optician or
17 contact lens technician pursuant to this act, conduct
18 investigations, including the power to issue subpoenas, and hold
19 hearings upon written charges indicating violation of this act
20 or of regulations promulgated pursuant thereto.
21 (d) Maintaining records.--The board shall maintain a record
22 listing the name of every living optician or contact lens
23 technician licensed to practice in this Commonwealth, the last
24 known place of business, the last known place of residence and
25 the date and number of the license of the licensee. The listing
26 shall be available to any citizen of this Commonwealth after
27 reimbursement for the actual cost of reproduction and mailing.
28 (e) Promulgating rules and regulations.--The board may
29 promulgate rules and regulations not inconsistent with law which
30 it deems necessary for the performance of its duties and the
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1 proper administration of this act.
2 (f) Filing reports.--The board shall submit annually:
3 (1) To the Department of State, an estimate of the
4 financial requirements of the board for its administrative,
5 investigative, legal and miscellaneous expenses.
6 (2) To the House and Senate Appropriations Committees,
7 15 days after the Governor has submitted his budget to the
8 General Assembly, a copy of the budget request for the
9 upcoming fiscal year which the board previously submitted to
10 the Department of State.
11 (3) To the Professional Licensure Committee of the House
12 of Representatives and to the Consumer Protection and
13 Professional Licensure Committee of the Senate, a report
14 containing a description of the types of complaints received,
15 status of cases, board action which has been taken and the
16 length of time from the initial complaint to final board
17 resolution.
18 (g) Subpoenas.--The board shall have power to issue
19 subpoenas, upon application of an attorney responsible for
20 representing the Commonwealth in disciplinary matters before the
21 board, for the purpose of investigating alleged violations of
22 the disciplinary provisions administered by the board. The board
23 shall have the power to subpoena witnesses, to administer oaths,
24 to examine witnesses and to take such testimony or compel the
25 production of such books, records, papers and documents as it
26 may deem necessary or proper in, and pertinent to, any
27 proceeding, investigation or hearing held or had by it.
28 (h) Court action.--The board shall have power to take
29 appropriate actions to initiate injunctive and criminal
30 prosecution proceedings in connection with the lawful or
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1 unauthorized practice of opticianry or contact lens fitting or
2 other violations of this act. Injunctive and criminal
3 proceedings shall be instituted in accordance with the act of
4 October 15, 1980 (P.L.950, No.164), known as the Commonwealth
5 Attorneys Act.
6 (i) Reports to the board.--An attorney responsible for
7 representing the Commonwealth in disciplinary matters before the
8 board shall notify the board immediately upon receiving
9 notification of an alleged violation of this act. The board
10 shall maintain current records of all reports of alleged
11 violations and periodically review the records for the purpose
12 of determining that each alleged violation has been resolved in
13 a timely manner.
14 Section 5. License required.
15 (a) Grace period.--It shall be unlawful, beginning one year
16 from the appointment of the professional and public members of
17 the board, for any person to engage in the practice of
18 opticianry or the fitting of contact lenses or to offer or
19 attempt to do so or to hold himself out to the public by any
20 title or description of services incorporating the words
21 "optician," "contact lens technician," "opticianry" or "the
22 fitting of contact lenses," without first obtaining a license
23 pursuant to this act.
24 (b) Limitation on grant of license.--The licensure of
25 opticians or contact lens technicians shall extend only to
26 individuals. A license shall not be issued to a partnership,
27 unincorporated association, corporation or similar business
28 organization.
29 Section 6. Persons and practices not affected.
30 This act shall not be construed to prevent or restrict:
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1 (1) A person licensed in this Commonwealth in accordance
2 with the provisions of another law of this Commonwealth from
3 engaging in the profession or occupation for which licensed.
4 Licensed persons may employ unlicensed persons to provide
5 optician services under the direct, personal supervision and
6 control of such licensee within the standards of his or her
7 profession. Licensed persons may employ unlicensed persons to
8 provide contact lens services, except those services which
9 require licensure under this act, under the direct, personal
10 supervision and control of such licensee within the standards
11 of his or her profession.
12 (2) The sale or manufacture of ready-to-wear eyeglasses
13 or spectacles, which sale or manufacturing is hereby
14 specifically excluded from this act.
15 (3) A person pursuing a course of study leading to a
16 degree or certificate in opticianry or contact lens fitting
17 in an accredited and approved educational program, provided
18 that the activities and services are part of a supervised
19 course of study and the person is designated by a title which
20 clearly indicates the status of student or trainee and not
21 licensed optician or licensed contact lens technician.
22 (4) A person fulfilling the apprenticeship requirements
23 of this act, provided that the activities and services
24 constitute a part of the apprenticeship necessary to meet the
25 requirements of the program.
26 (5) Any individual, firm or corporation from employing
27 persons licensed under this act to engage in the practice of
28 opticianry or the fitting of contact lenses.
29 Section 7. Requirements for licensure.
30 Upon filing timely application with the board upon forms
19890H0243B0271 - 10 -
1 approved by the board and payment of an examination fee
2 determined by the board, any person desiring to qualify for
3 licensing as an optician or as a contact lens technician shall
4 be permitted to take an examination for licensing, provided that
5 the individual submits with the application evidence
6 satisfactory to the board that:
7 (1) The individual is a citizen of the United States of
8 America or has applied for citizenship.
9 (2) The individual is at least 18 years of age.
10 (3) The individual is of good moral character.
11 (4) The individual is a graduate of an accredited high
12 school or has completed the full equivalent of a grammar
13 school and a four year high school course.
14 (5) In the case of an applicant for licensing as an
15 optician, the individual has had at least one year of
16 practical training and experience in opticianry under the
17 direct supervision and control of a licensed physician or
18 optometrist or a licensed optician prior to the end of one
19 year from the effective date of this act; or he has had one
20 year as an apprentice in accordance with section 12; or he
21 has successfully completed the prescribed course in
22 opticianry for opticians in a college, university or other
23 institution of learning, which course shall have been
24 accredited by an accrediting agency recognized and approved
25 by the United States Department of Education or the Council
26 of Post-Secondary Education, and officially approved by the
27 board.
28 (6) In the case of an applicant for licensing as a
29 contact lens technician, he has successfully completed the
30 prescribed course of study for contact lens technicians in a
19890H0243B0271 - 11 -
1 college, university or other institution of learning, which
2 course shall have been accredited by an accrediting agency
3 recognized and approved by the United States Department of
4 Education or the Council of Post-Secondary Education, and
5 officially approved by the board. The course shall include
6 clinical training covering the competencies required in
7 fitting, adapting and dispensing of contact lenses and shall
8 be a minimum of 20 clock hours. The board may require a
9 longer course of study if necessary for accreditation.
10 Section 8. Examinations.
11 (a) Administration.--The examination for licensing shall be
12 conducted at least twice a year, and at other times the board
13 may determine as necessary, at the times and places the board
14 determines. The examination shall be prepared and administered
15 by a qualified and approved professional testing organization in
16 accordance with section 812.1 of the act of April 9, 1929
17 (P.L.177, No.175), known as The Administrative Code of 1929.
18 (b) Substance of optician examination.--The license
19 examination for an optician shall be confined to the knowledge
20 that is essential to practice as an optician and shall show
21 proficiency in the following subjects: prescription
22 interpretation and analysis; selection of frames; adjustment of
23 spectacles and eyeglasses; the use of lensometers, distometers
24 and equivalent instruments; and the taking of pupillary and
25 facial measurements. The examination shall be in written form.
26 (c) Substance of contact lens technician examination.--The
27 license examination for a contact lens technician shall be
28 confined to the knowledge that is essential to practice as a
29 contact lens technician and shall show proficiency in the
30 following subjects: contact lens practice and theory; the use of
19890H0243B0271 - 12 -
1 a keratometer and other devices necessary to interpret, fit and
2 dispense the physician's or optometrist's prescription for
3 contact lenses; and ocular anatomy. This examination shall
4 include both written and practical portions.
5 Section 9. Waiver of written examination requirements.
6 (a) Requirements to waive optician examination.--The board
7 shall waive the written optician examination requirement and
8 grant an optician license to any applicant who meets any one of
9 the following:
10 (1) Is currently licensed to practice opticianry in
11 another state if the state's qualifications are equivalent to
12 those qualifications required in this Commonwealth.
13 (2) Holds a currently valid certificate as a certified
14 optician from the American Board of Opticianry on the
15 effective date of this act.
16 (3) Has been engaged in the practice of opticianry for a
17 period of one year prior to the effective date of this act.
18 (b) Requirements to waive contact lens technician
19 examination.--The board shall waive the contact lens examination
20 requirement and grant a contact lens technician license to any
21 applicant who:
22 (1) Is currently licensed to fit contact lenses in
23 another state if that state's qualifications are equivalent
24 to those qualifications required in this Commonwealth.
25 (2) Has passed the Contact Lens Registry Examination of
26 the National Committee of Contact Lens Examiners prior to the
27 effective date of this act.
28 Section 10. Licenses.
29 Each applicant who successfully completes the examination for
30 licensing as an optician or a contact lens technician or who is
19890H0243B0271 - 13 -
1 exempt from either such examination in accordance with section 9
2 shall, upon payment of the required fee, receive a license as an
3 optician or as a contact lens technician, as the case may be,
4 from the board. The license shall be recorded in the office of
5 the commissioner in a record book to be properly kept for that
6 purpose and shall be open to public inspection.
7 Section 11. Renewal of license; continuing education.
8 (a) Application.--Licenses under this act shall be subject
9 to renewal every two years and shall expire unless the licensee
10 submits an application for renewal in the manner prescribed by
11 the board.
12 (b) Continuing education.--The application shall be
13 accompanied by a renewal fee and evidence that the applicant
14 has, during the preceding two-year period, completed continuing
15 education as follows:
16 (1) An optician must complete nine hours of continuing
17 education in opticianry approved by the board.
18 (2) A contact lens technician must complete 15 hours of
19 continuing education in contact lens fitting approved by the
20 board.
21 (3) Individuals who are licensed as an optician and also
22 as a contact lens technician must complete 15 hours of
23 continuing education in contact lens fitting approved by the
24 board and four hours of continuing education in opticianry
25 approved by the board. No credit shall be given for courses
26 in office management or sales.
27 Section 12. Apprentices and other ancillary personnel.
28 (a) Employment of apprentices.--Persons licensed under this
29 act may utilize apprentices to engage in opticianry when the
30 apprentices are under their direct supervision and at the same
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1 location where the licensed person dispenses, but no licensed
2 optician may supervise more than three apprentices. Apprentices
3 may be employed upon the issuance of a certificate of
4 apprenticeship by the board. Optician apprentices must be
5 supervised by a licensed optician.
6 (b) Certificate of apprenticeship.--Applications for a
7 certificate of apprenticeship shall be made to the board in
8 writing upon forms provided by the board and shall contain such
9 information as the board requires. A certificate shall be issued
10 for a maximum of two years. No more than two certificates may be
11 issued to any apprentice, except in circumstances deemed
12 exceptional by the board, provided that the apprentice has not
13 failed the license examination. An apprentice shall be eligible
14 to take the license examination after serving a minimum of one
15 year as an apprentice. An apprentice who passes the license
16 examination after serving less than the full two years of
17 apprenticeship shall, upon the publication of the examination
18 scores, return the certificate in such manner as the board
19 directs.
20 (c) Employment of others.--Persons licensed under this act
21 may employ other ancillary personnel to assist in fashion
22 consulting, to perform clerical and office duties, to assist in
23 making minor repairs and to perform laboratory work. Those
24 personnel need not be licensed as apprentices.
25 Section 13. Temporary license.
26 The board may authorize the issuance of a temporary license
27 to qualified opticians or contact lens technicians who are
28 licensed in another jurisdiction and would immediately qualify
29 for the taking of an examination for a license in this
30 Commonwealth, but are in this Commonwealth on a temporary basis,
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1 or have not yet had an opportunity to take the examination to
2 procure a license, and whose immediate employment depends upon
3 having a license issued by the board. The license shall be valid
4 only until the deadline for registering for the next examination
5 if the applicant registers for the examination and, thereafter,
6 only until the results of that examination are published. A
7 temporary license shall expire if the applicant fails the
8 examination.
9 Section 14. Special provision.
10 (a) Dispensing.--Contact lenses may be fitted and dispensed
11 only upon the prescription of a licensed physician or
12 optometrist except that contact lenses may be duplicated on the
13 original prescription of record.
14 (b) Technician.--The contact lens technician shall inform
15 each individual for whom he fits any form or kind of contact
16 lens that the wearer should return to the prescribing physician
17 or optometrist for periodic evaluation. Each wearer shall be
18 provided with a form in accordance with this subsection and
19 shall also be informed orally that he should return to the
20 prescribing practitioner. The form shall be signed and dated by
21 the contact lens wearer who shall receive a copy of the form.
22 The form shall include the following statement:
23 I have been advised that I should return to my physician
24 or optometrist for periodic evaluation, not to exceed
25 three months, for an evaluation of the condition of my
26 eyes. I understand and agree that, if I fail to return to
27 the prescribing physician or optometrist for this
28 evaluation, the prescriber will not be held responsible
29 for any damages or injury resulting from the fitting of
30 the prescribed lens. I have read this statement and
19890H0243B0271 - 16 -
1 received an oral explanation.
2 __________________________
3 Signature Date
4 The contact lens technician shall retain a copy of the form for
5 two years and shall return a copy of the form to the prescribing
6 optometrist or physician.
7 Section 15. Causes for denial, suspension or revocation of
8 license.
9 (a) General rule.--The board may deny, suspend, revoke,
10 limit or otherwise restrict a license for any of the following
11 causes:
12 (1) Obtaining a license by fraud or deceit.
13 (2) Use of the term "doctor," "physician" or "clinic,"
14 or any derivation thereof, as part of the firm name under
15 which the licensee fits and sells ophthalmic devices unless
16 authorized by law.
17 (3) Holding oneself out by or using the title "Doctor,"
18 unless the licensee is authorized by law to do so.
19 (4) Fraud or misrepresentation in the repair, fitting or
20 selling of ophthalmic devices, including advertising, by
21 publication, transmission or otherwise, which has the
22 tendency to mislead or is deceptive or fraudulent on its
23 face, by inference, or by effect.
24 (5) The employment, to perform any act covered by this
25 act, of a person known to the employer whose license is
26 suspended or who does not possess a valid license issued
27 under this act.
28 (6) Violating or permitting, with notice or knowledge of
29 its commission, the violation by any licensed employee of any
30 provision of this act or any rules or regulations promulgated
19890H0243B0271 - 17 -
1 under this act.
2 (7) Being convicted of a felony or receiving probation
3 without verdict, disposition in lieu of trial or an
4 Accelerated Rehabilitative Disposition in the courts of this
5 Commonwealth, a Federal court or a court of any state,
6 territory, possession or country.
7 (8) Having a license or other authorization to practice
8 the profession revoked or suspended or having other
9 disciplinary action taken, or an application for a license or
10 other authorization refused, revoked or suspended by a proper
11 licensing authority of another state, territory, possession
12 or country, or a branch of the Federal Government.
13 (9) Being unable to practice the profession with
14 reasonable skill and safety to patients by reason of illness,
15 addiction to drugs or alcohol, having been convicted of a
16 felonious act prohibited by the act of April 14, 1972
17 (P.L.233, No.64), known as The Controlled Substance, Drug,
18 Device and Cosmetic Act, or convicted of a felony relating to
19 a controlled substance in a court of law of the United States
20 or any other state, territory, possession or country, or if
21 he is or shall become mentally incompetent. An applicant's
22 statement on the application declaring the absence of a
23 conviction shall be deemed satisfactory evidence of the
24 absence of a conviction unless the board has some evidence to
25 the contrary. In enforcing this paragraph, the board shall,
26 upon probable cause, have authority to compel a practitioner
27 to submit to a mental or physical examination by a physician
28 or a psychologist approved by the board. Failure of a
29 practitioner to submit to such examination when directed by
30 the board, unless such failure is due to circumstances beyond
19890H0243B0271 - 18 -
1 his control, shall constitute an admission of the allegations
2 against him consequent upon which a default and final order
3 may be entered without the taking of testimony or
4 presentation of evidence. A practitioner affected under this
5 paragraph shall at reasonable intervals be afforded an
6 opportunity to demonstrate that he can resume a competent
7 practice of his profession with reasonable skill and safety
8 to patients.
9 (10) Violating a lawful regulation promulgated by the
10 board or violating a lawful order of the board previously
11 entered by the board in a disciplinary proceeding.
12 (11) Being guilty of malpractice, immoral or
13 unprofessional conduct. Unprofessional conduct shall include
14 departure from or failing to conform to the standards of
15 acceptable and prevailing practice of opticianry or contact
16 lens fitting. In proceedings based on this paragraph, actual
17 injury to a patient need not be established.
18 (12) Acting in such manner as to present an immediate
19 and clear danger to public health or safety.
20 (13) Acting outside the scope of a license.
21 (14) Making a false or deceptive biennial registration
22 with the board.
23 (15) Intentionally submitting to any third-party payor a
24 claim for a service which was not actually provided to a
25 wearer.
26 (16) Being enjoined from violating any provision of the
27 act of December 17, 1968 (P.L.1224, No.387), known as the
28 Unfair Trade Practices and Consumer Protection Law, or being
29 subject to a final order of the Federal Trade Commission, the
30 Pennsylvania Department of Health or the Food and Drug
19890H0243B0271 - 19 -
1 Administration of the United States Department of Health and
2 Human Services concerning the sale or offering for sale of
3 unsafe, unhealthful or worthless ophthalmic devices or for
4 engaging in conduct which has the tendency to mislead or
5 deceive.
6 (b) Five-year revocation period.--Unless ordered to do so by
7 a court, the board shall not reinstate the license of a person
8 to practice as an optician or contact lens technician which has
9 been revoked, and such person shall be required to apply for
10 licensure after a five-year period in accordance with the
11 provisions of this act, including the examination requirement,
12 if he desires to practice at any time after such revocation.
13 Section 16. Procedures in disciplinary actions.
14 (a) Procedure.--All disciplinary actions of the board shall
15 be taken subject to the right of notice, hearing and
16 adjudication, and the right of appeal therefrom in accordance
17 with Title 2 of the Pennsylvania Consolidated Statutes (relating
18 to administrative law and procedure).
19 (b) Temporary suspension.--A license issued under this act
20 may be temporarily suspended under circumstances as determined
21 by the board to be an immediate and clear danger to the public
22 health and safety. The board shall issue an order to that effect
23 without a hearing, but upon due notice, to the licensee
24 concerned at his last known address, which shall include a
25 written statement of all allegations against the licensee. The
26 provisions of subsection (a) shall not apply to temporary
27 suspension. The board shall thereupon commence formal action to
28 suspend, revoke or restrict the license of the person concerned
29 as otherwise provided for in this act. All actions shall be
30 taken promptly and without delay. Within 30 days following the
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1 issuance of an order temporarily suspending a license, the board
2 shall conduct or cause to be conducted a preliminary hearing to
3 determine that there is a prima facie case supporting the
4 suspension. The licensee whose license has been temporarily
5 suspended may be present at the preliminary hearing, may be
6 represented by counsel and may cross-examine witnesses, inspect
7 physical evidence, call witnesses, offer evidence and testimony,
8 and make a record of the proceedings. If it is determined that
9 there is not a prima facie case, the suspended license shall be
10 immediately restored. The temporary suspension shall remain in
11 effect until vacated by the board, but in no event longer than
12 180 days.
13 (c) Automatic suspension.--A license issued under this act
14 shall automatically be suspended upon the legal commitment to an
15 institution of a licensee because of mental incompetency from
16 any cause upon filing with the board a certified copy of such
17 commitment, conviction of a felony under the act of April 14,
18 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
19 Device and Cosmetic Act, or conviction of an offense under the
20 laws of another jurisdiction, which, if committed in this
21 Commonwealth, would be a felony.
22 Section 17. Reporting of multiple licensure.
23 Any licensed optician or licensed contact lens technician of
24 this Commonwealth who is also licensed to practice opticianry or
25 contact lens fitting in any other state, territory, possession
26 or country shall report this information to the board on the
27 biennial registration application. Any disciplinary action taken
28 in such other jurisdiction shall be reported to the board on the
29 biennial registration application or within 90 days of final
30 disposition, whichever is sooner. Multiple licensure shall be
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1 noted by the board on the optician's or contact lens
2 technician's record and such state, territory, possession or
3 country shall be notified by the board of any disciplinary
4 actions taken against the optician or contact lens technician in
5 this Commonwealth.
6 Section 18. Display of license or certificate.
7 Every holder of a license or certificate granted by the board
8 under this act shall display the license or certificate in a
9 conspicuous place in the office where such person practices
10 opticianry or the fitting of contact lenses or is serving as an
11 apprentice.
12 Section 19. Surrender of license.
13 The board shall require a person whose license has been
14 suspended or revoked to return the license in such manner as the
15 board directs. A person who fails to do so commits a misdemeanor
16 of the third degree.
17 Section 20. Unlawful acts.
18 A person commits a misdemeanor of the third degree and shall
19 upon conviction, be sentenced to pay a fine of not more than
20 $2,500 or to imprisonment for not more than six months, or both,
21 if he commits any act declared unlawful by any other provision
22 of this act, or if he:
23 (1) Makes misleading, deceptive, untrue or fraudulent
24 representations in the practice of opticianry or contact lens
25 fitting.
26 (2) Practices fraud or deceit in obtaining a license as
27 an optician or contact lens technician.
28 (3) Displays gross incompetence, negligence or
29 misconduct in carrying on the practice of opticianry or
30 contact lens fitting.
19890H0243B0271 - 22 -
1 (4) Makes a false or deceptive biennial registration
2 with the board.
3 (5) Violates a lawful regulation promulgated by the
4 board or a lawful order of the board previously entered in a
5 disciplinary proceeding.
6 (6) Knowingly aids, assists, procures or advises any
7 unlicensed person to practice opticianry or contact lens
8 fitting contrary to this act or regulations of the board.
9 (7) Commits immoral or unprofessional conduct.
10 Unprofessional conduct shall include any departure from, or
11 failure to conform to, the standards of acceptable and
12 prevailing practice of opticianry or contact lens fitting.
13 (8) Engages in the practice of opticianry or the fitting
14 of contact lenses in this Commonwealth without having at the
15 time of so doing a valid, unrevoked and unexpired license or
16 temporary license.
17 Section 21. Civil penalty.
18 In addition to any other civil remedy or criminal penalty
19 provided for in this act, the board, by a vote of the majority
20 of the maximum number of the authorized membership of the board
21 as provided by law, or by a vote of the majority of the duly
22 qualified and confirmed membership or a minimum of four members,
23 whichever is greater, may levy a civil penalty of up to $1,000
24 on any current licensee who violates any provision of this act
25 or on any person who practices opticianry or fits contact lenses
26 without being properly licensed to do so under this act. The
27 board shall levy this penalty only after affording the accused
28 party the opportunity for a hearing, as provided in Title 2 of
29 the Pennsylvania Consolidated Statutes (relating to
30 administrative law and procedure). All fines and civil penalties
19890H0243B0271 - 23 -
1 imposed in accordance with this section shall be paid into the
2 Professional Licensure Augmentation Account.
3 Section 22. Fees.
4 (a) Imposition and increases.--All fees required under this
5 act shall be fixed by the board by regulation and shall be
6 subject to the act of June 25, 1982 (P.L.633, No.181), known as
7 the Regulatory Review Act. If the revenues raised by fees, fines
8 and civil penalties imposed pursuant to this act are not
9 sufficient to meet expenditures over a two-year period, the
10 board shall increase those fees by regulation so that the
11 projected revenues will meet or exceed projected expenditures.
12 (b) Additional increases.--If the Bureau of Professional and
13 Occupational Affairs determines that the fees established by the
14 board under subsection (a) are inadequate to meet the minimum
15 enforcement efforts required by this act, then the bureau, after
16 consultation with the board and subject to the Regulatory Review
17 Act, shall increase the fees by regulation in an amount that
18 adequate revenues are raised to meet the required enforcement
19 effort.
20 Section 23. Appropriation.
21 The sum of $75,000, or as much thereof as may be necessary,
22 is hereby appropriated from the Professional Licensure
23 Augmentation Account within the General Fund to the Bureau of
24 Professional and Occupational Affairs in the Department of State
25 for the establishment and operation of the State Board of
26 Opticians and Contact Lens Technicians. The appropriation
27 granted shall be repaid by the board within three years of the
28 beginning of issuance of licenses by the board.
29 Section 24. General repeal.
30 All acts and parts of acts are repealed insofar as they are
19890H0243B0271 - 24 -
1 inconsistent with this act.
2 Section 25. Effective date.
3 This act shall take effect in 60 days.
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