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PRINTER'S NO. 664
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
627
Session of
2017
INTRODUCED BY MURT, D. COSTA AND McNEILL, FEBRUARY 24, 2017
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
FEBRUARY 24, 2017
AN ACT
Relating to the practice of opticianry and contact lens fitting;
requiring licensing of opticians and contact lens
technicians; providing for duties of the State Board of
Optometry and for enforcement; and imposing penalties.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Purpose of act.
Section 103. Definitions.
Chapter 3. Licensing
Section 301. Powers and duties of board.
Section 302. License required.
Section 303. Individuals and practices not affected.
Section 304. Requirements for licensure.
Section 305. Examinations.
Section 306. Waiver of examination requirements.
Section 307. Licenses.
Section 308. Renewal of license and continuing education.
Section 309. Apprentices and other ancillary personnel.
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Section 310. Required procedures.
Chapter 5. Enforcement
Section 501. Causes for denial, suspension or revocation of
license.
Section 502. Procedures in disciplinary actions.
Section 503. Reporting of multiple licensure.
Section 504. Display of license or certificate.
Section 505. Surrender of license.
Section 506. Unlawful acts.
Chapter 21. Miscellaneous Provisions
Section 2101. Repeals.
Section 2102. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Opticians and
Contact Lens Technicians Licensing Act.
Section 102. Purpose of act.
It is the purpose of this act to provide for the regulation
of individuals in the practice of opticianry and contact lens
fitting in order to safeguard public health, safety and welfare
and to protect the public by assuring that individuals engaged
in the practice of opticianry and contact lens fitting meet
minimum standards of competence.
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Apprentice." An individual who holds a certificate of
apprenticeship issued in accordance with this act.
"Board." The State Board of Optometry.
"Contact lens technician." An individual licensed in
accordance with this act who fits an appropriate contact lens
for a specific intended wearer and completely assists the wearer
in the use of the contact lens.
"Fitting of contact lenses." A procedure in which a contact
lens is placed upon the eye of a wearer and the lens-cornea
relationship is evaluated with the use of a biomicroscope or
slit-lamp.
"Licensee." An individual licensed by the board as an
optician or contact lens technician under this act.
"Optician." An individual licensed in accordance with this
act to engage in the practice of opticianry.
"Practice of opticianry." As follows:
(1) The practice of:
(i) filling prescriptions of licensed physicians or
optometrists for ophthalmic lenses;
(ii) interpreting prescriptions for ophthalmic
lenses and taking measurements to determine size and
shape of lenses, frames or lens forms best suited to the
wearer's needs;
(iii) providing duplicate or replacement lenses
without prescription;
(iv) repairing and reproducing previously prepared
ophthalmic lenses and frames without prescription;
(v) preparing and delivering work orders to
technicians engaged in grinding lenses and fabricating
eyewear;
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(vi) verifying the accuracy of ophthalmic lenses;
and
(vii) adjusting and dispensing lenses, specially
fabricated optical devices, frames and appurtenances
thereof to the intended wearer.
(2) The practice of opticianry does not include the
fitting of contact lenses.
"Prescription." A written or oral direction from a licensed
physician or optometrist for lenses, consisting of the
refractive power and, when necessary, the vertex distance,
cylinder axis and prism. A prescription for contact lenses shall
also specifically indicate approval for contact lens fitting.
The neutralization of a spectacle lens shall not constitute a
prescription for contact lenses.
"Supervision." The direction and control of work through
personal inspection and evaluation of work and the provision of
consultation and instruction as may be needed.
CHAPTER 3
LICENSING
Section 301. Powers and duties of board.
(a) Reviewing applications.--The board shall pass upon the
qualifications of applicants for licensure, insure the conduct
of examinations and issue and renew licenses to opticians or
contact lens technicians who qualify under this act.
(b) Disciplinary actions.--The board may revoke, suspend,
limit, refuse to issue or otherwise restrict a license of an
optician or contact lens technician under this act, conduct
investigations, including the power to issue subpoenas and hold
hearings upon written charges indicating violation of this act
or of regulations promulgated under this act.
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(c) Maintaining records.--The board shall maintain a record
listing the name of each licensee and the last known place of
business, the last known place of residence and the date and
number of the license of the licensee. The listing shall be
subject to the act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
(d) Promulgating rules and regulations.--The board may
promulgate rules and regulations not inconsistent with law which
it deems necessary for the performance of its duties and the
proper administration of this act.
Section 302. License required.
(a) General rule.--It shall be unlawful, beginning two years
from the effective date of this section, for an individual to
engage in the practice of opticianry or the fitting of contact
lenses or to offer or attempt to do so or to hold himself out to
the public by any title or description of services incorporating
the words "optician," "contact lens technician," "opticianry" or
"the fitting of contact lenses," without first obtaining a
license under this act.
(b) Limitation on grant of license.--The licensure of
opticians or contact lens technicians shall extend only to
individuals. A license shall not be issued to a partnership,
unincorporated association, corporation or similar business
organization.
(c) Contact lens technicians.--Those individuals listed by
the State Board of Optometry under section 6(h)(5) of the act of
June 6, 1980 (P.L.197, No.57), known as the Optometric Practice
and Licensure Act, shall be subject to licensure as contact lens
technicians under this act.
Section 303. Individuals and practices not affected.
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This act shall not be construed to prevent or restrict:
(1) An individual licensed in this Commonwealth in
accordance with the provisions of another law of this
Commonwealth from engaging in the profession or occupation
for which licensed. Licensed individuals may employ
unlicensed individuals to provide contact lens services,
except those services which require licensure under this act,
under the direct, personal supervision and control of the
licensed individual within the standards of the profession of
the licensed individual.
(2) The sale or manufacture of ready-to-wear eyeglasses,
which sale or manufacturing is specifically excluded from
this act.
(3) An individual pursuing a course of study leading to
a degree or certificate in opticianry or contact lens fitting
in an accredited and approved educational program if the
activities and services are part of a supervised course of
study, and the individual is designated by a title which
clearly indicates the status of student or trainee and not
optician or contact lens technician.
(4) An individual fulfilling the apprenticeship
requirements of this act if the activities and services
constitute a part of the apprenticeship necessary to meet the
requirements of the apprenticeship program.
(5) An individual, firm or corporation from employing
individuals licensed under this act to engage in the practice
of opticianry or the fitting of contact lenses.
Section 304. Requirements for licensure.
(a) General rule.--Upon timely filing an application with
the board on forms approved by the board and payment of an
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examination fee determined by the board, an individual desiring
to qualify for licensing as an optician or as a contact lens
technician shall be permitted to take an examination for
licensing if the individual submits with the application
evidence satisfactory to the board that:
(1) The individual is a citizen of the United States or
has applied for citizenship.
(2) The individual is 18 years of age or older.
(3) The individual is of good moral character.
(4) The individual is a graduate of an accredited high
school or has completed the full equivalent of a grammar
school and a four-year high school course.
(5) In the case of an applicant for licensing as an
optician, the individual has had at least two years of
practical training and experience in opticianry immediately
prior to the end of one year from the effective date of this
act, has completed an apprenticeship in accordance with
section 309 or has successfully completed the prescribed
course in opticianry for opticians in a college, university
or other institution of learning, which course shall have
been accredited by an accrediting agency recognized and
approved by the United States Department of Education and
officially approved by the board.
(6) In the case of an applicant for licensing as a
contact lens technician, the individual has successfully
completed the prescribed course of study for an associate's
degree in ophthalmic sciences in a college, university or
other institution of learning, which course shall have been
accredited by an accrediting agency recognized and approved
by the United States Department of Education and officially
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approved by the board. The course shall include clinical
training covering the competencies required in fitting,
adapting and dispensing of contact lenses and shall include
at least nine credit hours in contact lens courses. The board
may require a more extensive course of study.
(b) Exception.--The board shall grant a contact lens
technician license to those individuals listed by the State
Board of Optometry under section 6(h)(5) of the act of June 6,
1980 (P.L.197, No.57), known as the Optometric Practice and
Licensure Act, upon completion of the application form and
payment of the applicable fee.
Section 305. Examinations.
(a) Administration.--Examinations for licensing shall be
conducted at least twice a year, and at other times the board
may determine as necessary, at the times and places the board
determines. The examination shall be prepared and administered
by a qualified and approved professional testing organization in
accordance with section 812.1 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
(b) Substance of optician examination.--The optician
examination shall be in written form and confined to the
knowledge that is essential to practice as an optician. The
examination, at a minimum, shall demonstrate an applicant's
proficiency in the following subjects:
(1) Prescription interpretation and analysis.
(2) Fitting, design and dispensing of eyeglass lenses,
frames and accessories.
(3) The use of standard ophthalmic equipment.
(4) The taking of pupillary and facial measurements.
(5) Administrative recordkeeping.
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(6) Professional and ethical conduct.
(c) Substance of contact lens technician examination.--The
contact lens technician examination shall include both written
and practical portions and shall be confined to the knowledge
that is essential to practice as a contact lens technician. The
examination, at a minimum, shall demonstrate an applicant's
proficiency in the following subjects:
(1) Prefit evaluation.
(2) Prescription interpretation and analysis.
(3) Use of instrumentation consistent with contact lens
fitting.
(4) Determination of lens type and design of contact
lens specifications.
(5) Instructions on application and care of lenses.
(6) Follow-up procedures.
(7) Practice management.
(8) Professional and ethical conduct.
Section 306. Waiver of examination requirements.
(a) Requirements to waive optician examination.--The board
shall waive the optician examination requirement and grant an
optician license to any applicant who meets any one of the
following:
(1) Is currently licensed to practice opticianry in
another state if the state's qualifications are equivalent to
those qualifications required in this Commonwealth and if
that state offers similar privileges to licensees of the
board.
(2) Holds a currently valid certificate as a certified
optician from the American Board of Opticianry on the
effective date of this act.
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(3) Has been engaged in the practice of opticianry for a
period of three years immediately prior to the effective date
of this act.
(b) Requirements to waive contact lens technician
examination.--The board shall waive the contact lens examination
requirement and grant a contact lens technician license to any
applicant who, within three months of the effective date of this
act, meets one of the following criteria:
(1) Is currently licensed to fit contact lenses in
another state if that state's qualifications are equivalent
to those qualifications required in this Commonwealth and if
that state offers similar privileges to licensees of the
board.
(2) Is currently certified by the National Contact Lens
Examiners on the effective date of this act.
Section 307. Licenses.
Each applicant who successfully completes the examination for
licensing as an optician or a contact lens technician, or who is
exempt from either examination in accordance with section 306,
shall, upon payment of the required fee established by the
board, receive a license as an optician or as a contact lens
technician, as the case may be, from the board.
Section 308. Renewal of license and continuing education.
(a) Application.--A license as an optician or as a contact
lens technician shall be subject to renewal every two years. A
license shall expire unless the licensee submits an application
for renewal in the manner prescribed by the board.
(b) Continuing education.--An application for license
renewal shall be accompanied by a renewal fee and evidence that
the applicant has, during the preceding two-year period,
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completed continuing education as follows:
(1) An optician must complete eight hours of continuing
education in opticianry approved by the board.
(2) A contact lens technician must complete 12 hours of
continuing education in contact lens fitting approved by the
board.
(3) An individual who is licensed both as an optician
and as a contact lens technician must complete 12 hours of
continuing education in contact lens fitting approved by the
board and four hours of continuing education in opticianry
approved by the board.
(4) No credit shall be given for courses in office
management or sales.
Section 309. Apprentices and other ancillary personnel.
(a) Employment of apprentices.--An individual licensed as an
optician may utilize an apprentice to engage in opticianry when
the apprentice is under the direct supervision of and at the
same location where the optician dispenses, but no optician may
supervise more than two apprentices. Apprentices may be employed
upon the issuance of a certificate of apprenticeship by the
board.
(b) Application.--An application for a certificate of
apprenticeship shall be made to the board in writing upon forms
provided by the board and shall contain information as the board
requires.
(c) Term.--A certificate shall be issued for a maximum of
two years.
(d) Examination.--Upon completion of the two-year
apprenticeship, which shall include a minimum of 2,000 hours of
employment during the apprenticeship, the apprentice shall sit
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for the first scheduled licensing examination except for reasons
of health or hardship. If the apprentice fails the examination,
the apprentice may sit for the next scheduled licensing
examination. If the apprentice is unsuccessful in passing three
consecutive examinations, the apprentice shall return the
certificate of the apprenticeship. While the apprentice is
waiting to take a licensing examination, the apprentice's
certificate shall remain in effect. An individual shall only be
permitted to obtain another certificate of apprenticeship under
exceptional circumstances approved by the board.
(e) Rules and regulations.--The board shall promulgate rules
and regulations to ensure that the apprentice is tested
periodically as to the progress of the apprentice.
(f) Ancillary personnel.--Licensees may employ other
ancillary personnel to assist in fashion consulting, to perform
clerical and office duties, to assist in making minor repairs
and to perform laboratory work. Ancillary personnel need not be
registered as apprentices.
Section 310. Required procedures.
(a) Duplicated lenses.--Subsequent to the completion of
contact lens fitting and evaluation of the fit by a licensed
physician or optometrist, contact lenses may be duplicated and
dispensed by a contact lens technician. The specifications of
the duplicated contact lenses shall be obtained from the
original fitter, physician or optometrist and may not be
determined by measurement of the contact lens or from parameters
listed on contact lens packaging.
(b) Duty to inform.--The contact lens technician shall
inform each individual for whom the technician fits any form or
kind of contact lens that the wearer should return to the
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prescribing physician or optometrist for a final evaluation of
the fit of the contact lens. Each wearer shall be provided with
a form in accordance with this subsection and shall also be
informed orally that the wearer should return to the prescribing
practitioner. The form shall be signed and dated by the contact
lens wearer, who shall receive a copy of the form. The form
shall include the following statement:
I have been advised that I should return to my physician
or optometrist for a final evaluation of the fit of my
contact lenses within three months of their delivery to
me.
(Signature) (Date)
The contact lens technician shall retain a copy of the form for
two years.
(c) Prescriptions.--
(1) A physician or optometrist shall provide to the
patient, at no charge, a copy of the patient's prescription
immediately after a refraction.
(2) A physician or optometrist shall provide an
individual upon whom the physician or optometrist previously
performed a refraction with a copy of the prescription, at no
charge, upon the patient's request.
(3) An oral or telephonically transmitted prescription
shall be documented in the files of the optician or the
contact lens technician.
(d) Additional requirements.--The following apply:
(1) The fitting of contact lenses must be based on a
prescription of a licensed physician or optometrist.
(2) The wearer must be informed, in accordance with
subsection (b), to return to the prescribing physician or
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optometrist for periodic evaluation during the fit whenever
the contact lens technician believes professional judgment is
needed, but at intervals not to exceed three months.
(3) No individual licensed under this act shall fill a
prescription or dispense contact lenses unless the
prescribing physician or optometrist specifies that the
prescriber intends it to be for contact lenses.
(4) No individual licensed in accordance with this act
shall fill a prescription beyond an expiration date specified
by the prescribing physician or optometrist.
CHAPTER 5
ENFORCEMENT
Section 501. Causes for denial, suspension or revocation of
license.
(a) General rule.--The board may deny, suspend, revoke,
limit or otherwise restrict a license for any of the following
causes:
(1) Obtaining a license by fraud or deceit.
(2) Use of the term "doctor," "physician" or "clinic,"
or any derivation thereof, as part of the firm name under
which the licensee fits and sells ophthalmic devices, unless
authorized by law.
(3) Holding oneself out by or using the title "Doctor."
(4) Fraud or misrepresentation in the repair, fitting or
selling of ophthalmic devices, including advertising, by
publication, transmission or otherwise, which has the
tendency to mislead or is deceptive or fraudulent on its
face, by inference, or by effect.
(5) The employment, to perform any act covered by this
act, of an individual whose license is known by the employer
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to be suspended or who does not possess a valid license
issued under this act.
(6) Violating or permitting, with notice or knowledge of
its commission, the violation by any licensed employee of any
provision of this act or any rules or regulations promulgated
under this act.
(7) Being convicted of a felony or receiving probation
without verdict, disposition in lieu of trial or an
Accelerated Rehabilitative Disposition in the courts of this
Commonwealth, a Federal court or a court of any state,
territory, possession or country.
(8) Having a license or other authorization to practice
the profession revoked or suspended or having other
disciplinary action taken, or an application for a license or
other authorization refused, revoked or suspended by a proper
licensing authority of another state, territory, possession
or country, or a branch of the Federal Government.
(9) Being unable to practice the profession with
reasonable skill and safety to patients by reason of illness,
addiction to drugs or alcohol, having been convicted of a
felonious act prohibited by the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or convicted of a felony relating to
a controlled substance in a court of law of the United States
or any other state, territory, possession or country, or if
the individual is or shall become mentally incompetent. An
applicant's statement on the application declaring the
absence of a conviction shall be deemed satisfactory evidence
of the absence of a conviction unless the board has some
evidence to the contrary. In enforcing this paragraph, the
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board shall, upon probable cause, have authority to compel a
practitioner to submit to a mental or physical examination by
a physician or a psychologist approved by the board. Failure
of a practitioner to submit to the examination when directed
by the board, unless the failure is due to circumstances
beyond the practitioner's control, shall constitute an
admission of the allegations against the practitioner,
consequent upon which a default and final order may be
entered without the taking of testimony or presentation of
evidence. A practitioner affected under this paragraph shall,
at reasonable intervals, be afforded an opportunity to
demonstrate that the practitioner can resume a competent
practice of the practitioner's profession with reasonable
skill and safety to patients.
(10) Violating a lawful regulation promulgated by the
board or violating a lawful order of the board previously
entered by the board in a disciplinary proceeding.
(11) Being guilty of malpractice or immoral or
unprofessional conduct. Unprofessional conduct shall include
departure from or failing to conform to the standards of
acceptable and prevailing practice of opticianry or contact
lens fitting. In proceedings based on this paragraph, actual
injury to a patient need not be established.
(12) Acting in a manner that presents an immediate and
clear danger to public health or safety.
(13) Acting outside the scope of a license.
(14) Making a false or deceptive biennial registration
with the board.
(15) Intentionally submitting to any third-party payor a
claim for a service which was not actually provided to a
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wearer.
(16) Being enjoined from violating any provision of the
act of December 17, 1968 (P.L.1224, No.387), known as the
Unfair Trade Practices and Consumer Protection Law, or being
subject to a final order of the Federal Trade Commission, the
Department of Health or the Food and Drug Administration of
the United States Department of Health and Human Services
concerning the sale or offering for sale of unsafe,
unhealthful or worthless ophthalmic devices or for engaging
in conduct which has the tendency to mislead or deceive.
(b) Five-year revocation period.--Unless ordered to do so by
a court, the board shall not reinstate the license of an
individual to practice as an optician or contact lens technician
which has been revoked, and the individual shall be required to
apply for licensure after a five-year period in accordance with
the provisions of this act, including the examination
requirement, if the individual desires to practice at any time
after the revocation.
Section 502. Procedures in disciplinary actions.
(a) Procedure.--All disciplinary actions of the board shall
be taken subject to the right of notice, hearing and
adjudication and the right of appeal in accordance with 2
Pa.C.S. (relating to administrative law and procedure).
(b) Temporary suspension.--A license issued under this act
may be temporarily suspended under circumstances determined by
the board to be an immediate and clear danger to the public
health and safety. The board shall issue an order to that effect
without a hearing, but upon due notice, to the licensee
concerned at the licensee's last known address, which shall
include a written statement of all allegations against the
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licensee. The provisions of subsection (a) shall not apply to
temporary suspension. The board shall then commence formal
action to suspend, revoke or restrict the license of the
individual concerned as otherwise provided for in this act. All
actions shall be taken promptly and without delay. Within 30
days following the issuance of an order temporarily suspending a
license, the board shall conduct or cause to be conducted a
preliminary hearing to determine if there is a prima facie case
supporting the suspension. The licensee whose license has been
temporarily suspended may be present at the preliminary hearing,
may be represented by counsel and may cross-examine witnesses,
inspect physical evidence, call witnesses, offer evidence and
testimony and make a record of the proceedings. If it is
determined that there is not a prima facie case, the suspended
license shall be immediately restored. The temporary suspension
shall remain in effect until vacated by the board, but in no
event longer than 180 days.
(c) Automatic suspension.--A license issued under this act
shall automatically be suspended upon the legal commitment to an
institution of a licensee because of mental incompetency from
any cause upon filing with the board a certified copy of the
commitment, conviction of a felony under the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or conviction of an offense under the
laws of another jurisdiction, which, if committed in this
Commonwealth, would be a felony.
Section 503. Reporting of multiple licensure.
An optician or contact lens technician who is also licensed
to practice opticianry or contact lens fitting in any other
state, territory, possession or country shall report this
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information to the board on the biennial registration
application. Any disciplinary action taken in the other
jurisdiction shall be reported to the board on the biennial
registration application or within 90 days of final disposition,
whichever is sooner. Multiple licensure shall be noted by the
board on the optician's or contact lens technician's record, and
the state, territory, possession or country shall be notified by
the board of any disciplinary actions taken against the optician
or contact lens technician in this Commonwealth.
Section 504. Display of license or certificate.
Every holder of a license or certificate granted by the board
under this act shall display the license or certificate in a
conspicuous place in the office where the individual practices
opticianry or the fitting of contact lenses or is serving as an
apprentice.
Section 505. Surrender of license.
The board shall require an individual whose license has been
suspended or revoked to return the license in the manner
directed by the board. An individual who fails to do so commits
a misdemeanor of the third degree.
Section 506. Unlawful acts.
An individual commits a misdemeanor of the third degree and
shall, upon conviction, be sentenced to pay a fine of not more
than $2,000 or to imprisonment for not more than six months, or
both, if the individual commits any act declared unlawful by any
other provision of this act, or if the individual:
(1) Makes misleading, deceptive, untrue or fraudulent
representations in the practice of opticianry or contact lens
fitting.
(2) Practices fraud or deceit in obtaining a license as
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an optician or contact lens technician.
(3) Displays gross incompetence, negligence or
misconduct in carrying on the practice of opticianry or
contact lens fitting.
(4) Makes a false or deceptive biennial registration
with the board.
(5) Violates a lawful regulation promulgated by the
board or a lawful order of the board previously entered in a
disciplinary proceeding.
(6) Knowingly aids, assists, procures or advises any
unlicensed individual to practice opticianry or contact lens
fitting contrary to this act or regulations of the board.
(7) Commits immoral or unprofessional conduct.
Unprofessional conduct shall include any departure from or
failure to conform to the standards of acceptable and
prevailing practice of opticianry or contact lens fitting.
(8) Engages in the practice of opticianry or the fitting
of contact lenses in this Commonwealth without having a
valid, unrevoked and unexpired license or temporary license.
CHAPTER 21
MISCELLANEOUS PROVISIONS
Section 2101. Repeals.
All acts and parts of acts are repealed insofar as they are
inconsistent with this act.
Section 2102. Effective date.
This act shall take effect in 60 days.
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