PRINTER'S NO. 832
No. 770 Session of 1979
INTRODUCED BY COPPERSMITH, EARLY, MESSINGER, LINCOLN, ORLANDO, LYNCH, HANKINS, O'CONNELL, MANBECK, SCHAEFER, LEWIS, MELLOW, MURRAY, ZEMPRELLI, MOORE, HESS AND REIBMAN, MAY 22, 1979
REFERRED TO PUBLIC HEALTH AND WELFARE, MAY 22, 1979
AN ACT 1 Regulating the licensure and practice of optometry, making 2 repeals and providing penalties. 3 TABLE OF CONTENTS 4 Section 1. Short title. 5 Section 2. Primary health care profession. 6 Section 3. Definitions. 7 Section 4. Powers and duties of the board. 8 Section 5. Requirements for examination. 9 Section 6. Renewal of license. 10 Section 7. Exemptions and exceptions. 11 Section 8. Refusal, revocation or suspension of license. 12 Section 9. Violations and penalties. 13 Section 10. Fees and other moneys. 14 Section 11. Provision of services and reimbursement. 15 Section 12. Repeals. 16 Section 13. Effective date. 17 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows: 2 Section 1. Short title. 3 This act shall be known and may be cited as the "Optometric 4 Practice and Licensure Act." 5 Section 2. Primary health care profession. 6 The practice of optometry is declared to be a primary health 7 care profession and healing art entitled to the same rights and 8 privileges which are attached to and devolve upon other such 9 professions in this Commonwealth. 10 Section 3. Definitions. 11 The following words and phrases when used in this act shall 12 have, unless the context clearly indicates otherwise, the 13 meanings given to them in this section: 14 "Advisory Committee on Continuing Professional Education." 15 An advisory committee established pursuant to section 4 to make 16 recommendations to the board relating to continuing professional 17 education. 18 "Board." The State Board of Optometrical Examiners 19 established pursuant to section 415, act of April 9, 1929 20 (P.L.177, No.175), known as "The Administrative Code of 1929," 21 or any successor board. 22 "Examination and diagnosis." Any examination or diagnostic 23 means or method compatible with optometric education and 24 professional competence. The term shall encompass the use of 25 pharmaceutical agents for diagnostic purposes classified as 26 miotics, mydriatics, cycloplegics, topical anesthetics and dyes 27 when applied topically to the eye, subject to the rules and 28 regulations of the board, provided however that with respect to 29 optometrists licensed before March 1, 1974 only such 30 optometrists who have satisfactorily completed a course in 19790S0770B0832 - 2 -
1 pharmacology as it applies to optometry, with particular 2 emphasis on the topical application of diagnostic pharmaceutical 3 agents to the eye, approved by the board shall be permitted to 4 use diagnostic pharmaceutical agents topically in the practice 5 of optometry. 6 "Optometrist." Any person who, following formal and 7 recognized training in the art and science of optometry has 8 received a doctor of optometry degree from an accredited 9 institution and is qualified to seek or has acquired a license 10 to practice the primary health care profession of optometry. An 11 optometrist shall be identified either by "Doctor of Optometry," 12 "O.D.," or "Dr." followed by "Optometrist." 13 "Practice of Optometry." The use of any and all means or 14 methods for the examination, diagnosis and except for drugs or 15 surgery, treatment of conditions of the human visual system and 16 shall include the examination for, and adapting and fitting of, 17 any and all kinds of contact lenses. 18 "Treatment." The use of any and all preventive and 19 corrective means and methods, except for drugs or surgery, for 20 aid to the human visual system and shall include but is not 21 limited to the adapting and fitting of any and all kinds of 22 lenses, devices and contact lenses and the provision of vision 23 developmental and perceptual therapy or ocular exercise for aid 24 to or enhancement of visual functions. 25 Section 4. Powers and duties of the board. 26 (a) The board shall have the following duties: 27 (1) To meet at least six times annually at a place 28 within the Commonwealth determined by the board for the 29 transaction of its business. 30 (2) To prescribe the subjects to be tested, develop 19790S0770B0832 - 3 -
1 written and practical portions of the examination and conduct 2 examinations of qualified applicants for licensure at least 3 twice annually at such times and places as designated by the 4 board. 5 (3) To record all licenses in its office. 6 (4) To grant a license to practice optometry in this 7 Commonwealth to any applicant for licensure who has passed 8 the prescribed examination and otherwise complied with the 9 provisions of this act. 10 (5) To appoint an Advisory Committee on Continuing 11 Professional Education which shall consist of consultants who 12 are optometric educators and optometric practitioners to 13 serve with the Deputy Secretary for Higher Education or his 14 designee. 15 (b) The board shall have the following powers: 16 (1) To grant, refuse, revoke or suspend any license to 17 practice optometry in this Commonwealth pursuant to the 18 provisions of this act. 19 (2) To conduct hearings, investigations and discovery 20 proceedings; to administer oaths or affirmations to 21 witnesses, take testimony, issue subpoenas to compel 22 attendance of witnesses or the production of records; to 23 exercise all powers granted by law or regulation in 24 accordance with the general rules of administrative practice 25 and procedure. The board or its designated hearing examiner 26 shall exercise the powers enumerated in this paragraph with 27 regard to both licensed doctors of optometry and persons 28 practicing optometry without a license. 29 (3) To obtain injunctions from a court of competent 30 jurisdiction against persons practicing optometry in 19790S0770B0832 - 4 -
1 violation of this act when such practice constitutes a threat 2 to the health and welfare of the public; provided that the 3 board or its designated hearing examiner shall conduct a 4 hearing as otherwise required by this section within 30 days 5 of the injunction date. The chairperson of the board shall 6 exercise this power whenever the board is not in session. 7 (4) To recommend to the Commissioner of Professional and 8 Occupational Affairs such staff as is necessary to carry out 9 the provisions of this act. 10 (5) To incur expenses, retain consultants, appoint 11 committees from its own membership and appoint advisory 12 committees which may include nonboard members. 13 (6) To compensate at a rate fixed by the board, but not 14 to exceed $75 per diem or $1,000 annually consultants and 15 nonboard members of advisory committees. 16 (7) To authorize the payment of special reimbursements 17 for the secretary of the board or any other designated member 18 of the board for rendering special services authorized by the 19 board. 20 (8) To use qualified board hearing examiners to conduct 21 hearings and prepare adjudications for final review and 22 approval by the board, including disciplinary sanctions. 23 Nothing shall prohibit the board or a designated board member 24 from conducting such hearings. 25 (9) To establish and administer a records system which 26 records shall be open to public inspection during the regular 27 business hours of the board. 28 (10) To hold meetings, other than required by subsection 29 (a), for the conduct of its business upon giving public 30 notice of such meetings. 19790S0770B0832 - 5 -
1 (11) In consultation with the Council on Optometric 2 Education or its successor and the appropriate regional 3 accrediting body recognized by the United States Office of 4 Education, to approve those optometric educational 5 institutions in the United States and Canada which are 6 accredited for the purposes of this act. 7 (12) In consultation with the Advisory Committee on 8 Continuing Professional Education, to establish and approve 9 by rule and regulation courses of continuing professional 10 optometric education. Only those educational programs as are 11 available to all licensees on a reasonable nondiscriminatory 12 fee basis shall be approved. Programs to be held within or 13 without the Commonwealth may receive approval. The number of 14 required hours of study may not exceed those that are 15 available at approved courses held within the Commonwealth 16 during the applicable license renewal period. In cases of 17 certified illness or undue hardship, the board is empowered 18 to waive the continuing education requirement. 19 (13) To certify, upon the written request of a licensee 20 and payment of the prescribed fee, that the licensee is 21 qualified for licensure and the practice of optometry in this 22 Commonwealth. 23 (14) To promulgate all rules and regulations necessary 24 to carry out the purposes of this act. 25 Section 5. Requirements for examination. 26 (a) A person holding a Doctor of Optometry degree from an 27 accredited optometric educational institution in the United 28 States or Canada, who furnishes the board with evidence that he 29 is at least 21 years of age, has completed the educational 30 requirements prescribed by the board, is of good moral 19790S0770B0832 - 6 -
1 character, is not addicted in the use of alcohol or narcotics or 2 other habit-forming drugs and who pays the fee may apply to the 3 board for examination for licensure. 4 (b) The board shall establish by rule or regulation 5 procedures for examination and all other matters related to the 6 proficiency of applicants for licensure. 7 (c) The board may establish further requirements to be met 8 by optometric graduates from unaccredited schools or colleges of 9 optometry before granting such graduates the right to take an 10 examination. 11 (d) An applicant who knowingly makes a false statement of 12 fact in an application for examination shall be deemed to have 13 violated this act and shall be subject to the penalties set 14 forth herein. 15 Section 6. Renewal of license. 16 (a) A person licensed by the board shall apply for renewal 17 of such license by such methods as the board shall determine by 18 regulation, provided that such renewal period shall not exceed 19 two years. 20 (b) Beginning with the year 1982 license shall not be 21 renewed by the board unless the optometrist applying for renewal 22 submits proof to the board that during the two calendar years 23 immediately preceding his application he has satisfactorily 24 completed a minimum of 24 hours of continuing professional 25 optometric education approved by the board. 26 Section 7. Exemptions and exceptions. 27 (a) The licensure requirements of this act shall not apply 28 to optometry officers in the medical service of the armed forces 29 of the United States, the United States Public Health Service, 30 the Veterans' Administration or optometrists employed in Federal 19790S0770B0832 - 7 -
1 service, while in discharge of their official duties. 2 (b) The board shall permit externs, who are fourth year 3 optometric students, to perform procedures and tests for the 4 sole purpose of instruction and experience under the direct 5 supervision and control of an optometrist licensed in this 6 Commonwealth. Nothing contained in this act shall be construed 7 to entitle an extern to practice optometry. 8 (c) The board may, upon written application and payment of 9 the regular examination fee, issue a license without an 10 examination, other than clinical, to any applicant who: 11 (1) Is at least 21 years of age. 12 (2) Has passed a standard examination in optometry in 13 any other state or all parts of the examination given by the 14 National Board of Examiners in Optometry, provided that the 15 standards of the other state or the National Board are, in 16 the opinion of the board, equal to the standards of this 17 Commonwealth. 18 (3) Is licensed in another state and has practiced in 19 that state for a minimum of five years immediately preceding 20 application. 21 (d) Nothing in this section shall prohibit the board from 22 imposing additional educational requirements as a requisite for 23 licensure. 24 (e) Nothing in this act shall prohibit the sale or 25 duplication of frames, lenses, spectacles or eyeglasses by any 26 person provided that no such person shall change or modify an 27 original lens power except on a signed written order of a 28 licensed doctor of optometry or licensed physician and surgeon, 29 provided that no person except a licensed doctor of optometry or 30 licensed physician and surgeon may adopt or fit any kind of 19790S0770B0832 - 8 -
1 contact lenses. 2 (f) The provisions of this act shall not apply to physicians 3 licensed under the laws of this Commonwealth. 4 Section 8. Refusal, revocation or suspension of license. 5 (a) The board shall have the power to refuse, revoke or 6 suspend a license to practice optometry in this Commonwealth 7 for: 8 (1) Failure of an applicant for licensure to demonstrate 9 the necessary qualifications as provided in this act or the 10 rules and regulations of the board. 11 (2) Failure to permanently display in any location in 12 which he practices a license or a certified copy of a license 13 issued by the board. 14 (3) Use of deceit or fraud in obtaining a license or in 15 the practice of optometry. 16 (4) Making misleading, deceptive, untrue or fraudulent 17 representations or advertisements in the practice of 18 optometry. 19 (5) Conviction of a felony or a crime involving moral 20 turpitude. Conviction shall include a finding or verdict of 21 guilt, an admission of guilt or a plea of non contendere. 22 (6) Revocation, suspension or refusal to grant a license 23 to practice optometry, or imposition of other disciplinary 24 action, by the proper licensing authority of another state, 25 territory or country. 26 (7) Inability to practice optometry with reasonable 27 skill and safety to patients by reason of incompetence, 28 illness, drunkenness, excessive use of drugs, narcotics, 29 chemicals or other type of material, or as a result of any 30 mental or physical condition. 19790S0770B0832 - 9 -
1 (8) Violation of a regulation promulgated or order 2 issued by the board in a previous disciplinary proceeding 3 against that licensee or applicant for licensure. 4 (9) Knowingly aiding, assisting, procuring or advising 5 an unlicensed person, or person who is in violation of this 6 act, or the rules and regulations of the board, to practice 7 optometry. 8 (10) Being guilty of immoral or unprofessional conduct. 9 Unprofessional conduct shall include any departure from, or 10 failure to conform to, the acceptable and prevailing 11 standards of optometric practice in rendering professional 12 service to a patient. Actual injury to a patient need not be 13 established. 14 (b) When the board finds that the license of a person may be 15 refused, revoked or suspended the board may: 16 (1) Refuse, revoke or suspend a license. 17 (2) Administer a public or private reprimand. 18 (3) Limit or otherwise restrict the licensee's practice 19 under this act. 20 (4) Suspend any enforcement under this subsection and 21 place an optometrist on probation, with the right to vacate 22 the probationary order and impose the enforcement. 23 (c) A person affected by any action of the board under this 24 section shall be afforded an opportunity to demonstrate that he 25 is no longer in violation of this section. 26 (d) A person may complain of a violation of the provisions 27 of this act or the rules and regulations of the board by filing 28 a written complaint with the secretary of the board. The board 29 shall decide either to dismiss the case, issue an injunction, or 30 hold a hearing in accordance with the general rules of 19790S0770B0832 - 10 -
1 administrative practice and procedure. If the person filing the 2 complaint is a member of the board, he shall disqualify himself 3 from participating as a member of the board in all procedures 4 related to the complaint which he filed. 5 (e) Actions of the board shall be taken subject to the right 6 of notice, hearing, adjudication and appeal accorded by law. 7 Section 9. Violations and penalties. 8 (a) (1) It is unlawful for any person in the Commonwealth to 9 engage in the practice of optometry or pretend to have a 10 knowledge of any branch or branches of the practice of 11 optometry or to hold himself forth as a practitioner of 12 optometry, unless he has fulfilled the requirements of this 13 act and received a license to practice optometry in this 14 Commonwealth. 15 (2) A person found to be guilty of practicing optometry 16 without a license as a result of court action or as a result 17 of board action shall be guilty of a misdemeanor and shall, 18 on first offense, be subject to a fine of not more than 19 $1,000 or imprisonment of not more than six months, or both. 20 Conviction on each additional offense shall result in a fine 21 of not less than $2,000 and imprisonment of not less than six 22 months or more than one year. 23 (b) A person convicted of violating a provision of this act, 24 other than of subsection (a), is guilty of a summary offense and 25 shall be fined not more than $500. 26 Section 10. Fees and other moneys. 27 (a) The board shall have the power to fix or change fees for 28 examination, biennial and late biennial license renewal, 29 verification of licensure or grades to other jurisdictions, 30 initial and renewal certified copies of licenses, and biennial 19790S0770B0832 - 11 -
1 renewal of branch offices. 2 (b) Moneys collected under the provisions of this act shall 3 be paid into a designated account and disbursed according to 4 law. 5 Section 11. Provision of services and reimbursement. 6 Any State or municipal board, commission, department, 7 institution, agency or bureau, including public schools, 8 expending public money for any purpose involving eye care, 9 policy of insurance, self-insured sickness, health or welfare 10 plan, benefits or medical or health service contracts providing 11 for payment or reimbursement for an eye care service, shall not 12 deny the recipients or beneficiaries the freedom to choose a 13 duly licensed optometrist or a duly licensed physician as the 14 provider of eye care which is within the scope of the practice 15 of optometry as defined in this act. They shall make the same 16 reimbursement whether the care is provided by a duly licensed 17 physician or by a duly licensed optometrist. Whenever programs, 18 policies, plans or contracts which pay on the basis of usual, 19 customary and reasonable charges or on some similar basis are 20 used, only the method of determining the amount of reimbursement 21 shall be the same. 22 Section 12. Repeals. 23 (a) The act of March 30, 1917 (P.L.21, No.10), entitled "An 24 act defining optometry; and relating to the right to practice 25 optometry in the Commonwealth of Pennsylvania, and making 26 certain exceptions; and providing a Board of Optometrical 27 Education, Examination, and Licensure, and means and methods 28 whereby the right to practice optometry may be obtained; and 29 providing for the means to carry out the provisions of this act; 30 and providing for revocation or suspension of licenses given by 19790S0770B0832 - 12 -
1 said board, and providing penalties for violations thereof; and 2 repealing all acts or parts of acts inconsistent therewith," is 3 repealed. 4 (b) All acts or parts of acts are repealed which are 5 inconsistent herewith. 6 Section 13. Effective date. 7 This act shall take effect in 60 days. E1L50ML/19790S0770B0832 - 13 -