PRINTER'S NO. 2281
No. 1807 Session of 1989
INTRODUCED BY VEON, PERZEL, PRESSMANN, F. TAYLOR, LEE, KAISER,
ALLEN, FEE, NOYE, SAURMAN, COHEN, TRELLO, LESCOVITZ, LEH,
NAHILL, LASHINGER, WILLIAMS, COLAIZZO, GIGLIOTTI AND CORNELL,
JUNE 29, 1989
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 29, 1989
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," further providing
4 for definitions, for the powers and duties of the State Board
5 of Optometry and for licensing.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2 of the act of June 6, 1980 (P.L.197,
9 No.57), known as the Optometric Practice and Licensure Act,
10 amended May 15, 1986 (P.L.186, No.58), is amended to read:
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have, unless the context clearly indicates otherwise, the
14 meanings given to them in this section:
15 "Advisory Committee on Continuing Professional Education."
16 An advisory committee established pursuant to section 3 to make
17 recommendations to the board relating to continuing professional
18 education.
1 "Board." The State Board of Optometry.
2 ["Examination and diagnosis." Any examination or diagnostic
3 means or method compatible with optometric education and
4 professional competence. The term shall encompass the use of
5 pharmaceutical agents for diagnostic purposes classified as
6 miotics, mydriatics, cycloplegics, topical anesthetics and dyes
7 when applied topically to the eye, which pharmaceutical agents
8 shall be approved by the Secretary of Health and, subject to the
9 rules and regulations of the board, provided however that with
10 respect to optometrists licensed before March 1, 1974, only such
11 optometrists who have satisfactorily completed a course in
12 pharmacology as it applies to optometry, with particular
13 emphasis on the topical application of diagnostic pharmaceutical
14 agents to the eye, approved by the board shall be permitted to
15 use diagnostic pharmaceutical agents topically in the practice
16 of optometry.]
17 "Fitting of contact lenses." A procedure in which a
18 prescribed contact lens is placed upon the eye of a patient and
19 the lens-cornea relationship is evaluated with the use of a
20 biomicroscope or slit-lamp.
21 "Optometrist." Any person who, following formal and
22 recognized training in the art and science of optometry has
23 received a doctor of optometry degree from an accredited
24 institution and is qualified to seek or has acquired a license
25 to practice the profession of optometry. An optometrist shall be
26 identified either by "Doctor of Optometry," "O.D.," or "Dr."
27 followed by "Optometrist."
28 "Pharmaceutical agent."
29 (1) For diagnostic purposes, includes topically applied
30 miotics, mydriatics, cycloplegics, anesthetics and dyes
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1 administered in the examination and diagnosis of diseases or
2 conditions of the eye or adnexa, which agents shall be
3 reviewed by the Secretary of Health subject to the rules and
4 regulations of the State Board of Optometry.
5 (2) For therapeutic purposes, includes topical
6 ophthalmic agents and oral agents which are anti-infectives,
7 anti-inflammatories, antihistamines, decongestants,
8 analgesics and anti-glaucoma agents administered or
9 prescribed in the treatment of diseases or conditions of the
10 eye and the adnexa, which agents shall be reviewed by the
11 Secretary of Health subject to the rules and regulations of
12 the State Board of Optometry.
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 and types of lenses including contact lenses.]
18 and methods for the examination and diagnosis of conditions of
19 the visual system, the examination for, and adapting and fitting
20 of, and treatment with any and all kinds and types of lenses or
21 devices, including contact lenses, the provision of vision
22 developmental and perceptual therapy, and the treatment with
23 pharmaceutical agents, as defined in this act, of conditions of
24 the eye or adnexa limited to superficial injuries, infections,
25 inflammations and allergic or hyper-sensitivity reactions to the
26 eyelids and adnexa, conjunctiva, episclera, and the cornea,
27 excluding orbital cellulitis and deep stromal corneal reactions,
28 inflammations and injuries of the iris and ciliary body,
29 external manifestations resulting from congenital and structural
30 abnormalities, dystrophic, degenerative and systemic conditions,
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1 excluding neoplastic or neurologic disorders, and physical
2 findings compatible with the diagnosis of primary glaucoma.
3 ["Treatment." The use of any and all preventive and
4 corrective means and methods, except for drugs or surgery, for
5 aid to the human visual system and shall include but is not
6 limited to the adapting and fitting of any and all kinds and
7 types of lenses and devices including contact lenses and the
8 provision of vision developmental and perceptual therapy or
9 ocular exercise for aid to or enhancement of visual functions.]
10 Section 2. Section 3(a) and (b) of the act are amended by
11 adding paragraphs to read:
12 Section 3. Powers and duties of the board.
13 (a) The board shall have the following duties:
14 * * *
15 (2.1) To certify those licensees who elect to become
16 certified in the use of pharmaceutical agents for therapeutic
17 purposes and who have met the requirements of this act with
18 respect to the administering or prescribing of pharmaceutical
19 agents. Licensees who have been previously certified in the
20 use of pharmaceutical agents for diagnostic purposes are
21 prohibited from the use of pharmaceutical agents for
22 therapeutic purposes unless such licensees become
23 additionally certified in the use of pharmaceutical agents
24 for therapeutic purposes. Licensees who have not been
25 previously certified in the use of pharmaceutical agents for
26 diagnostic purposes and who do not elect to become certified
27 in the use of pharmaceuticals for therapeutic purposes are
28 prohibited from the administering or prescribing of
29 pharmaceutical agents.
30 (2.2) To notify biennially the State Board of Pharmacy
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1 of the names of optometrists who have met the requirements of
2 this act with respect to the use of pharmaceutical agents for
3 therapeutic purposes and who are so certified.
4 (2.3) To require every licensee to insure liability by
5 purchasing and maintaining professional liability insurance
6 coverage, the minimum amount of which shall be established by
7 the board.
8 * * *
9 (b) The board shall have the following powers:
10 * * *
11 (1.1) To establish and approve, by regulation, a course
12 as it applies to optometry with particular emphasis on the
13 administering and prescribing of pharmaceutical agents, which
14 shall include clinical training and the satisfactory
15 completion of an examination. Optometrists who are licensed
16 before the effective date of this act and who elect to become
17 certified in the use of pharmaceutical agents for therapeutic
18 purposes are required to satisfactorily complete such a
19 course.
20 (1.2) To establish and approve, by regulation, a
21 clinical competency demonstration process for optometrists
22 who elect to become certified in the use of pharmaceutical
23 agents for therapeutic purposes. This demonstration process
24 shall include the provision of clinical patient care which is
25 in addition to the clinical training in the course required
26 under this act and shall be supervised by a physician skilled
27 in the treatment of eye disease or by an optometrist
28 certified in the use of pharmaceutical agents for therapeutic
29 purposes under this act.
30 (1.3) Optometrists who are licensed and certified in the
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1 use of pharmaceutical agents for diagnostic purposes prior to
2 the effective date of this act and who elect to become
3 certified in the use of pharmaceutical agents for therapeutic
4 purposes shall satisfactorily complete the course and the
5 clinical competency demonstration process approved by the
6 board for therapeutic certification.
7 (1.4) Optometrists who are licensed before the effective
8 date of this act, who are not then certified in the use of
9 pharmaceutical agents for diagnostic purposes and who elect
10 to become certified in the use of pharmaceutical agents for
11 therapeutic purposes shall satisfactorily complete a course
12 in the use of pharmaceutical agents for diagnostic purposes
13 prior to the satisfactory completion of the course and the
14 clinical competency demonstration process approved by the
15 board for therapeutic certification. Completion of a course
16 in the use of pharmaceutical agents for diagnostic purposes
17 shall not entitle the licensee to any certification.
18 * * *
19 Section 3. Section 5 of the act, amended May 15, 1986
20 (P.L.186, No.58), is amended to read:
21 Section 5. Renewal of license.
22 (a) A person licensed by the board shall apply for renewal
23 of such license by such methods as the board shall determine by
24 regulation, provided that such renewal period shall not exceed
25 two years.
26 (b) Beginning with the year 1982, a license shall not be
27 renewed by the board unless the optometrist applying for renewal
28 submits proof to the board that during the two calendar years
29 immediately preceding his application he has satisfactorily
30 completed a minimum of 24 hours of continuing professional
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1 optometric education approved by the board.
2 (c) Any licensee of this Commonwealth who is also licensed
3 to practice optometry in any other state, territory or country
4 shall report this information to the board on the biennial
5 renewal application. Any disciplinary action taken in other
6 states shall be reported to the board on the biennial renewal
7 application or within 90 days of final disposition, whichever is
8 sooner. Multiple licensure shall be noted on the licensee's
9 record by the board, and such state, territory or country shall
10 be notified by the board of any disciplinary action taken
11 against said licensee in this Commonwealth.
12 (d) Beginning with the year 1992, for certified licensees, a
13 specific portion of the continuing professional optometric
14 education required for license renewal must relate to the use of
15 pharmaceutical agents and the treatment of ocular diseases.
16 Section 4. Section 6 of the act is amended by adding
17 subsections to read:
18 Section 6. Exemptions and exceptions.
19 * * *
20 (d.1) Nothing in this act shall be construed to permit:
21 (1) Optometric use of pharmaceutical agents which are:
22 (i) controlled substances listed in Schedule I or
23 Schedule II of the act of April 14, 1972 (P.L.233,
24 No.64), known as "The Controlled Substance, Drug, Device
25 and Cosmetic Act";
26 (ii) administered by injection; or
27 (iii) oral steroids prescribed without physician
28 consultation.
29 (2) Surgery by optometrists, which shall include the
30 therapeutic use of lasers.
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1 (3) Optometric use of pharmaceutical agents for the
2 specific treatment of systemic diseases.
3 (4) Continued treatment of conditions or diseases
4 defined in the practice of optometry which do not respond to
5 prevailing standards of care.
6 (5) Treatment of glaucomas classified as secondary
7 glaucomas.
8 (d.2) Notwithstanding any other provisions of this act, an
9 optometrist may administer, prescribe or order nonlegend drugs.
10 (d.3) Nothing in this act shall prohibit licensees who are
11 certified in the use of pharmaceutical agents for diagnostic
12 purposes prior to the effective date of this act from continuing
13 to utilize pharmaceutical agents for that purpose.
14 * * *
15 Section 5. Section 7(a) of the act is amended to read:
16 Section 7. Refusal, revocation or suspension of license.
17 (a) The board shall have the power to refuse, revoke or
18 suspend a license to practice optometry in this Commonwealth
19 for:
20 (1) Failure of an applicant for licensure to demonstrate
21 the necessary qualifications as provided in this act or the
22 rules and regulations of the board.
23 (2) Failure to permanently display in any location in
24 which he practices a license or a certified copy of a license
25 issued by the board.
26 (3) Use of deceit or fraud in obtaining a license or in
27 the practice of optometry.
28 (4) Making misleading, deceptive, untrue or fraudulent
29 representations or advertisements in the practice of
30 optometry.
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1 (5) Conviction of a felony or a crime involving moral
2 turpitude. Conviction shall include a finding or verdict of
3 guilt, an admission of guilt or a plea of nolo contendere.
4 (6) Revocation, suspension or refusal to grant a license
5 to practice optometry, or imposition of other disciplinary
6 action, by the proper licensing authority of another state,
7 territory or country.
8 (7) Inability to practice optometry with reasonable
9 skill and safety to patients by reason of incompetence,
10 illness, drunkenness, excessive use of drugs, narcotics,
11 chemicals or other type of material, or as a result of any
12 mental or physical condition.
13 (8) Violation of a regulation promulgated or order
14 issued by the board in a previous disciplinary proceeding
15 against that licensee or applicant for licensure.
16 (9) Knowingly aiding, assisting, procuring or advising
17 an unlicensed person, or person who is in violation of this
18 act, or the rules and regulations of the board, to practice
19 optometry.
20 (10) Failure to conform to, the acceptable and
21 prevailing standards of optometric practice in rendering
22 professional service to a patient. Actual injury to a patient
23 need not be established.
24 (11) Neglect of duty in the practice of optometry, which
25 may include failure to refer a patient, when appropriate, to
26 a physician for consultation or further treatment when an
27 optometric examination or optometric treatment determines the
28 presence of a pathology or disease requiring treatment beyond
29 the scope of this act.
30 (12) Violations of the provisions of this act relating
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1 to the administering or prescribing of pharmaceutical agents
2 by optometrists who have not met the requirements of this act
3 with respect to the use of pharmaceutical agents for
4 diagnostic or therapeutic purposes.
5 * * *
6 Section 6. This act shall take effect in 60 days.
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