PRIOR PRINTER'S NOS. 832, 1243 PRINTER'S NO. 1417
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
SENATOR COPPERSMITH, PUBLIC HEALTH AND WELFARE, RE-REPORTED AS AMENDED, DECEMBER 4, 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 2. Definitions. <-- 7 Section 4 3. Powers and duties of the board. <-- 8 Section 5 4. Requirements for examination. <-- 9 Section 6 5. Renewal of license. <-- 10 Section 7 6. Exemptions and exceptions. <-- 11 Section 8 7. Refusal, revocation or suspension of license. <-- 12 Section 9 8. Violations and penalties. <-- 13 Section 10 9. Fees and other moneys. <-- 14 Section 11. Provision of services and reimbursement. <-- 15 SECTION 10. FREEDOM OF CHOICE. <-- 16 Section 12 11. Repeals. <-- 17 Section 13 12. Effective date. <--
1 The General Assembly of the Commonwealth of Pennsylvania 2 hereby enacts as follows: 3 Section 1. Short title. 4 This act shall be known and may be cited as the "Optometric 5 Practice and Licensure Act." 6 Section 2. Primary health care profession. <-- 7 The practice of optometry is declared to be a primary health 8 care profession and healing art entitled to the same rights and 9 privileges which are attached to and devolve upon other such 10 professions in this Commonwealth. 11 Section 3 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 4 3 to <-- 17 make recommendations to the board relating to continuing 18 professional education. 19 "Board." The State Board of Optometrical Examiners 20 established pursuant to section 415, act of April 9, 1929 21 (P.L.177, No.175), known as "The Administrative Code of 1929," 22 or any successor board. 23 "Examination and diagnosis." Any examination or diagnostic 24 means or method compatible with optometric education and 25 professional competence. The term shall encompass the use of 26 pharmaceutical agents for diagnostic purposes classified as 27 miotics, mydriatics, cycloplegics, topical anesthetics and dyes 28 when applied topically to the eye, subject to the rules and 29 regulations of the board, provided however that with respect to 30 optometrists licensed before March 1, 1974 only such 19790S0770B1417 - 2 -
1 optometrists who have satisfactorily completed a course in 2 pharmacology as it applies to optometry, with particular 3 emphasis on the topical application of diagnostic pharmaceutical 4 agents to the eye, approved by the board shall be permitted to 5 use diagnostic pharmaceutical agents topically in the practice 6 of optometry. 7 "Optometrist." Any person who, following formal and 8 recognized training in the art and science of optometry has 9 received a doctor of optometry degree from an accredited 10 institution and is qualified to seek or has acquired a license 11 to practice the primary health care profession of optometry. An <-- 12 optometrist shall be identified either by "Doctor of Optometry," 13 "O.D.," or "Dr." followed by "Optometrist." 14 "Practice of Optometry." The use of any and all means or 15 methods for the examination, diagnosis and except for drugs or 16 surgery, treatment of conditions of the human visual system and 17 shall include the examination for, and adapting and fitting of, 18 any and all kinds and types of lenses. 19 "Treatment." The use of any and all preventive and 20 corrective means and methods, except for drugs or surgery, for 21 aid to the human visual system and shall include but is not 22 limited to the adapting and fitting of any and all kinds and 23 types of lenses and devices and the provision of vision 24 developmental and perceptual therapy or ocular exercise for aid 25 to or enhancement of visual functions. 26 Section 4 3. Powers and duties of the board. <-- 27 (a) The board shall have the following duties: 28 (1) To meet at least six times annually at a place 29 within the Commonwealth determined by the board for the 30 transaction of its business. 19790S0770B1417 - 3 -
1 (2) To prescribe the subjects to be tested, develop 2 written and practical portions of the examination and conduct 3 examinations of qualified applicants for licensure at least 4 twice annually at such times and places as designated by the 5 board. 6 (3) To record all licenses in its office. 7 (4) To grant a license to practice optometry in this 8 Commonwealth to any applicant for licensure who has passed 9 the prescribed examination and otherwise complied with the 10 provisions of this act. 11 (5) To appoint an Advisory Committee on Continuing 12 Professional Education which shall consist of consultants who 13 are optometric educators and optometric practitioners to 14 serve with the Deputy Secretary for Higher Education or his 15 designee. 16 (b) The board shall have the following powers: 17 (1) To grant, refuse, revoke or suspend any license to 18 practice optometry in this Commonwealth pursuant to the 19 provisions of this act. 20 (2) To conduct hearings, investigations and discovery 21 proceedings; to administer oaths or affirmations to 22 witnesses, take testimony, issue subpoenas to compel 23 attendance of witnesses or the production of records; to 24 exercise all powers granted by law or regulation in 25 accordance with the general rules of administrative practice 26 and procedure. The board or its designated hearing examiner 27 shall exercise the powers enumerated in this paragraph with 28 regard to both licensed doctors of optometry and persons 29 practicing optometry without a license. 30 (3) To obtain injunctions from a court of competent 19790S0770B1417 - 4 -
1 jurisdiction against persons practicing optometry in 2 violation of this act when such practice constitutes a threat 3 to the health and welfare of the public; provided that the 4 board or its designated hearing examiner shall conduct a 5 hearing as otherwise required by this section within 30 days 6 of the injunction date. The chairperson of the board shall 7 exercise this power whenever the board is not in session. 8 (4) To recommend to the Commissioner of Professional and 9 Occupational Affairs such staff as is necessary to carry out 10 the provisions of this act. 11 (5) To incur expenses, retain consultants, appoint 12 committees from its own membership and appoint advisory 13 committees which may include nonboard members. 14 (6) To compensate at a rate fixed by the board, 15 consultants and 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. 19790S0770B1417 - 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 <-- 4 DEPARTMENT of Education, to approve those optometric <-- 5 educational institutions in the United States and Canada 6 which are 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 4. 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 19790S0770B1417 - 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 5. 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 6. 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 19790S0770B1417 - 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, duplication 25 and reproduction or dispensing of frames, lenses, spectacles or 26 eyeglasses and related optical appurtenances by any person 27 provided that no such person shall change or modify an original 28 lens power except on a signed written order of a licensed doctor 29 of optometry or licensed physician and surgeon. 30 (f) The provisions of this act shall not apply to physicians 19790S0770B1417 - 8 -
1 licensed under the laws of this Commonwealth.
2 Section 8 7. Refusal, revocation or suspension of license. <--
3 (a) The board shall have the power to refuse, revoke or
4 suspend a license to practice optometry in this Commonwealth
5 for:
6 (1) Failure of an applicant for licensure to demonstrate
7 the necessary qualifications as provided in this act or the
8 rules and regulations of the board.
9 (2) Failure to permanently display in any location in
10 which he practices a license or a certified copy of a license
11 issued by the board.
12 (3) Use of deceit or fraud in obtaining a license or in
13 the practice of optometry.
14 (4) Making misleading, deceptive, untrue or fraudulent
15 representations or advertisements in the practice of
16 optometry.
17 (5) Conviction of a felony or a crime involving moral
18 turpitude. Conviction shall include a finding or verdict of
19 guilt, an admission of guilt or a plea of non contendere.
20 (6) Revocation, suspension or refusal to grant a license
21 to practice optometry, or imposition of other disciplinary
22 action, by the proper licensing authority of another state,
23 territory or country.
24 (7) Inability to practice optometry with reasonable
25 skill and safety to patients by reason of incompetence,
26 illness, drunkenness, excessive use of drugs, narcotics,
27 chemicals or other type of material, or as a result of any
28 mental or physical condition.
29 (8) Violation of a regulation promulgated or order
30 issued by the board in a previous disciplinary proceeding
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1 against that licensee or applicant for licensure. 2 (9) Knowingly aiding, assisting, procuring or advising 3 an unlicensed person, or person who is in violation of this 4 act, or the rules and regulations of the board, to practice 5 optometry. 6 (10) Being guilty of immoral or unprofessional conduct. 7 Unprofessional conduct shall include any departure from, or 8 failure to conform to, the acceptable and prevailing 9 standards of optometric practice in rendering professional 10 service to a patient. Actual injury to a patient need not be 11 established. 12 (b) When the board finds that the license of a person may be 13 refused, revoked or suspended the board may: 14 (1) Refuse, revoke or suspend a license. 15 (2) Administer a public or private reprimand. 16 (3) Limit or otherwise restrict the licensee's practice 17 under this act. 18 (4) Suspend any enforcement under this subsection and 19 place an optometrist on probation, with the right to vacate 20 the probationary order and impose the enforcement. 21 (c) A person affected by any action of the board under this 22 section shall be afforded an opportunity to demonstrate that he 23 is no longer in violation of this section. 24 (d) A person may complain of a violation of the provisions 25 of this act or the rules and regulations of the board by filing 26 a written complaint with the secretary of the board. The board 27 shall decide either to dismiss the case, issue an injunction, or 28 hold a hearing in accordance with the general rules of 29 administrative practice and procedure. If the person filing the 30 complaint is a member of the board, he shall disqualify himself 19790S0770B1417 - 10 -
1 from participating as a member of the board in all procedures 2 related to the complaint which he filed. 3 (e) Actions of the board shall be taken subject to the right 4 of notice, hearing, adjudication and appeal accorded by law. 5 Section 9 8. Violations and penalties. <-- 6 (a) (1) It is unlawful for any person in the Commonwealth to 7 engage in the practice of optometry or pretend to have a 8 knowledge of any branch or branches of the practice of 9 optometry or to hold himself forth as a practitioner of 10 optometry, unless he has fulfilled the requirements of this 11 act and received a license to practice optometry in this 12 Commonwealth. 13 (2) A person found to be guilty of practicing optometry 14 without a license as a result of court action or as a result 15 of board action shall be guilty of a misdemeanor and shall, 16 on first offense, be subject to a fine of not more than 17 $1,000 or imprisonment of not more than six months, or both. 18 Conviction on each additional offense shall result in a fine 19 of not less than $2,000 and imprisonment of not less than six 20 months or more than one year. 21 (b) A person convicted of violating a provision of this act, 22 other than of subsection (a), is guilty of a summary offense and 23 shall be fined not more than $500. 24 Section 10 9. Fees and other moneys. <-- 25 (a) The board shall have the power to fix or change fees for 26 examination, biennial and late biennial license renewal, 27 verification of licensure or grades to other jurisdictions, 28 initial and renewal certified copies of licenses, and biennial 29 renewal of branch offices. 30 (b) Moneys collected under the provisions of this act shall 19790S0770B1417 - 11 -
1 be paid into a designated account and disbursed according to 2 law. 3 Section 11. Provision of services and reimbursement. <-- 4 Any State or municipal board, commission, department, 5 institution, agency or bureau, including public schools, 6 expending public money for any purpose involving eye care, 7 policy of insurance, self-insured sickness, health or welfare 8 plan, benefits or medical or health service contracts providing 9 for payment or reimbursement for an eye care service, shall not 10 deny the recipients or beneficiaries the freedom to choose a 11 duly licensed optometrist or a duly licensed physician as the 12 provider of eye care which is within the scope of the practice 13 of optometry as defined in this act. They shall make the same 14 reimbursement whether the care is provided by a duly licensed 15 physician or by a duly licensed optometrist. Whenever programs, 16 policies, plans or contracts which pay on the basis of usual, 17 customary and reasonable charges or on some similar basis are 18 used, only the method of determining the amount of reimbursement 19 shall be the same. 20 SECTION 10. FREEDOM OF CHOICE. <-- 21 ANY STATE OR MUNICIPAL BOARD, COMMISSION, DEPARTMENT, 22 INSTITUTION, AGENCY OR BUREAU INCLUDING PUBLIC SCHOOLS, 23 EXPENDING PUBLIC MONEY FOR ANY PURPOSE INVOLVING EYE CARE WHICH 24 IS WITHIN THE SCOPE OF THE PRACTICE OF OPTOMETRY SHALL NOT DENY 25 THE RECIPIENTS OR BENEFICIARIES THE FREEDOM TO CHOOSE AN 26 OPTOMETRIST OR A PHYSICIAN AND SHALL MAKE THE SAME REIMBURSEMENT 27 WHETHER THE SERVICE IS PROVIDED BY AN OPTOMETRIST OR A 28 PHYSICIAN. 29 Section 12 11. Repeals. <-- 30 (a) The act of March 30, 1917 (P.L.21, No.10), entitled "An 19790S0770B1417 - 12 -
1 act defining optometry; and relating to the right to practice
2 optometry in the Commonwealth of Pennsylvania, and making
3 certain exceptions; and providing a Board of Optometrical
4 Education, Examination, and Licensure, and means and methods
5 whereby the right to practice optometry may be obtained; and
6 providing for the means to carry out the provisions of this act;
7 and providing for revocation or suspension of licenses given by
8 said board, and providing penalties for violations thereof; and
9 repealing all acts or parts of acts inconsistent therewith," is
10 repealed.
11 (b) All acts or parts of acts are repealed which are
12 inconsistent herewith.
13 Section 13 12. Effective date. <--
14 This act shall take effect in 60 days.
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