PRIOR PRINTER'S NOS. 832, 1243, 1417, PRINTER'S NO. 1815 1662, 1717
No. 770 Session of 1979
Report of the Committee of Conference
To the Members of the Senate and House of Representatives:
We, the undersigned, Committee of Conference on the part of the Senate and House of Representatives for the purpose of considering Senate Bill No. 770, entitled: "An act regulating the licensure and practice of optometry, making repeals and providing penalties." respectfully submit the following bill as our report: W. LOUIS COPPERSMITH JAMES R. KELLEY RALPH W. HESS (Committee on the part of the Senate.) EUGENE R. GEESEY WILLIAM D. HUTCHINSON REID BENNETT (Committee on the part of the House of Representatives.)
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. Definitions. 6 Section 3. Powers and duties of the board. 7 Section 4. Requirements for examination. 8 Section 5. Renewal of license. 9 Section 6. Exemptions and exceptions. 10 Section 7. Refusal, revocation or suspension of license. 11 Section 8. Violations and penalties. 12 Section 9. Fees and other moneys. 13 Section 10. Freedom of choice. 14 Section 11. Transitional provisions. 15 Section 12. Repeals. 16 Section 13. Effective date. 17 The General Assembly of the Commonwealth of Pennsylvania 18 hereby enacts as follows: 19 Section 1. Short title. 20 This act shall be known and may be cited as the "Optometric 21 Practice and Licensure Act." 22 Section 2. Definitions. 23 The following words and phrases when used in this act shall 24 have, unless the context clearly indicates otherwise, the 25 meanings given to them in this section: 26 "Advisory Committee on Continuing Professional Education." 27 An advisory committee established pursuant to section 3 to make 28 recommendations to the board relating to continuing professional 29 education.
1 "Board." The State Board of Optometrical Examiners 2 established pursuant to section 415, act of April 9, 1929 3 (P.L.177, No.175), known as "The Administrative Code of 1929," 4 or any successor board. 5 "Examination and diagnosis." Any examination or diagnostic 6 means or method compatible with optometric education and 7 professional competence. The term shall encompass the use of 8 pharmaceutical agents for diagnostic purposes classified as 9 miotics, mydriatics, cycloplegics, topical anesthetics and dyes 10 when applied topically to the eye, which pharmaceutical agents 11 shall be approved by the Secretary of Health and, subject to the 12 rules and regulations of the board, provided however that with 13 respect to optometrists licensed before March 1, 1974 only such 14 optometrists who have satisfactorily completed a course in 15 pharmacology as it applies to optometry, with particular 16 emphasis on the topical application of diagnostic pharmaceutical 17 agents to the eye, approved by the board shall be permitted to 18 use diagnostic pharmaceutical agents topically in the practice 19 of optometry. 20 "Optometrist." Any person who, following formal and 21 recognized training in the art and science of optometry has 22 received a doctor of optometry degree from an accredited 23 institution and is qualified to seek or has acquired a license 24 to practice the profession of optometry. An optometrist shall be 25 identified either by "Doctor of Optometry," "O.D.," or "Dr." 26 followed by "Optometrist." 27 "Practice of optometry." The use of any and all means or 28 methods for the examination, diagnosis and except for drugs or 29 surgery, treatment of conditions of the human visual system and 30 shall include the examination for, and adapting and fitting of, 19790S0770B1815 - 2 -
1 any and all kinds and types of lenses. 2 "Treatment." The use of any and all preventive and 3 corrective means and methods, except for drugs or surgery, for 4 aid to the human visual system and shall include but is not 5 limited to the adapting and fitting of any and all kinds and 6 types of lenses and devices and the provision of vision 7 developmental and perceptual therapy or ocular exercise for aid 8 to or enhancement of visual functions. 9 Section 3. Powers and duties of the board. 10 (a) The board shall have the following duties: 11 (1) To meet at least six times annually at a place 12 within the Commonwealth determined by the board for the 13 transaction of its business. 14 (2) To prescribe the subjects to be tested, authorize 15 written and practical portions of the examination and conduct 16 examinations of qualified applicants for licensure at least 17 twice annually at such times and places as designated by the 18 board. 19 (3) To record all licenses in its office. 20 (4) To grant a license to practice optometry in this 21 Commonwealth to any applicant for licensure who has passed 22 the prescribed examination and otherwise complied with the 23 provisions of this act. 24 (5) To appoint an Advisory Committee on Continuing 25 Professional Education which shall consist of consultants who 26 are optometric educators and optometric practitioners to 27 serve with the Deputy Secretary for Higher Education or his 28 designee. 29 (b) The board shall have the following powers: 30 (1) To grant, refuse, revoke or suspend any license to 19790S0770B1815 - 3 -
1 practice optometry in this Commonwealth pursuant to the 2 provisions of this act. 3 (2) To conduct hearings, investigations and discovery 4 proceedings; to administer oaths or affirmations to 5 witnesses, take testimony, issue subpoenas to compel 6 attendance of witnesses or the production of records; to 7 exercise all powers granted by law or regulation in 8 accordance with the general rules of administrative practice 9 and procedure. The board or its designated hearing examiner 10 may exercise the powers enumerated in this paragraph with 11 regard to both licensed doctors of optometry and persons 12 practicing optometry without a license. 13 (3) To obtain injunctions from a court of competent 14 jurisdiction against persons practicing optometry in 15 violation of this act when such practice constitutes a threat 16 to the health and welfare of the public; provided that the 17 board or its designated hearing examiner shall conduct a 18 hearing as otherwise required by this section within 30 days 19 of the injunction date. The chairperson of the board shall 20 exercise this power whenever the board is not in session. 21 (4) To recommend to the Commissioner of Professional and 22 Occupational Affairs such staff as is necessary to carry out 23 the provisions of this act. 24 (5) To incur expenses, retain consultants, appoint 25 committees from its own membership and appoint advisory 26 committees which may include nonboard members. 27 (6) To compensate at a rate fixed by the board, 28 consultants and nonboard members of advisory committees. 29 (7) To authorize the payment of special reimbursements 30 for the secretary of the board or any other designated member 19790S0770B1815 - 4 -
1 of the board for rendering special services authorized by the 2 board. 3 (8) To use qualified board hearing examiners to conduct 4 hearings and prepare adjudications for final review and 5 approval by the board, including disciplinary sanctions. 6 Nothing shall prohibit the board or a designated board member 7 from conducting such hearings. 8 (9) To establish and administer a records system which 9 records shall be open to public inspection during the regular 10 business hours of the board. 11 (10) To hold meetings, other than required by subsection 12 (a), for the conduct of its business upon giving public 13 notice of such meetings. 14 (11) In consultation with the Council on Optometric 15 Education or its successor and the appropriate regional 16 accrediting body recognized by the United States Department 17 of Education, to approve those optometric educational 18 institutions in the United States and Canada which are 19 accredited for the purposes of this act. 20 (12) In consultation with the Advisory Committee on 21 Continuing Professional Education, to establish and approve 22 by rule and regulation courses of continuing professional 23 optometric education. Only those educational programs as are 24 available to all licensees on a reasonable nondiscriminatory 25 fee basis shall be approved. Programs to be held within or 26 outside of the Commonwealth may receive approval. The number 27 of required hours of study may not exceed those that are 28 available at approved courses held within the Commonwealth 29 during the applicable license renewal period. In cases of 30 certified illness or undue hardship, the board is empowered 19790S0770B1815 - 5 -
1 to waive the continuing education requirement. 2 (13) To certify, upon the written request of a licensee 3 and payment of the prescribed fee, that the licensee is 4 qualified for licensure and the practice of optometry in this 5 Commonwealth. 6 (14) To promulgate all rules and regulations necessary 7 to carry out the purposes of this act. 8 (15) To administer and enforce the laws of the 9 Commonwealth relating to those activities involving optometry 10 for which licensing is required under this act and to 11 instruct and require its agents to bring prosecutions for 12 unauthorized and unlawful practice. 13 Section 4. Requirements for examination. 14 (a) A person holding a Doctor of Optometry degree from an 15 accredited optometric educational institution in the United 16 States or Canada, who furnishes the board with evidence that he 17 is at least 21 years of age, has completed the educational 18 requirements prescribed by the board and is of good moral 19 character, is not addicted in the use of alcohol or narcotics or 20 other habit-forming drugs and who pays the fee may apply to the 21 board for examination for licensure. 22 (b) The board may establish further requirements to be met 23 by optometric graduates from unaccredited schools or colleges of 24 optometry before granting such graduates the right to take an 25 examination. 26 (c) An applicant who knowingly makes a false statement of 27 fact in an application for examination shall be deemed to have 28 violated this act and shall be subject to the penalties set 29 forth herein. 30 Section 5. Renewal of license. 19790S0770B1815 - 6 -
1 (a) A person licensed by the board shall apply for renewal 2 of such license by such methods as the board shall determine by 3 regulation, provided that such renewal period shall not exceed 4 two years. 5 (b) Beginning with the year 1982 license shall not be 6 renewed by the board unless the optometrist applying for renewal 7 submits proof to the board that during the two calendar years 8 immediately preceding his application he has satisfactorily 9 completed a minimum of 24 hours of continuing professional 10 optometric education approved by the board. 11 Section 6. Exemptions and exceptions. 12 (a) The licensure requirements of this act shall not apply 13 to optometry officers in the medical service of the armed forces 14 of the United States, the United States Public Health Service, 15 the Veterans' Administration or optometrists employed in Federal 16 service, while in discharge of their official duties. 17 (b) The board shall permit externs, who are fourth year 18 optometric students, to perform procedures and tests for the 19 sole purpose of instruction and experience under the direct 20 supervision and control of an optometrist licensed in this 21 Commonwealth. Nothing contained in this act shall be construed 22 to entitle an extern to practice optometry. 23 (c) The board may, upon written application and payment of 24 the regular examination fee, issue a license without an 25 examination, other than clinical, to any applicant who: 26 (1) is at least 21 years of age; and 27 (2) (i) has passed a standard examination in optometry 28 in any other state or all parts of the examination given 29 by the National Board of Examiners in Optometry, provided 30 that the standards of the other state or the National 19790S0770B1815 - 7 -
1 Board are equal to or exceed the standards of this 2 Commonwealth; or 3 (ii) is licensed in another state and has practiced 4 in that state for a minimum of four years immediately 5 preceding application. 6 (d) Nothing in this section shall prohibit the board from 7 imposing additional uniform educational requirements as a 8 requisite for licensure. 9 (e) Nothing in this act shall prohibit the sale, duplication 10 and reproduction or dispensing of frames, lenses, spectacles or 11 eyeglasses and related optical appurtenances by any person 12 provided that no such person shall change or modify an original 13 lens power except on a signed written order of a licensed doctor 14 of optometry or licensed physician and surgeon. The sale or 15 manufacture of ready-to-wear spectacles and eyeglasses does not 16 constitute change or modification of an original lens power 17 within the meaning of this act. 18 (f) The provisions of this act shall not apply to physicians 19 licensed under the laws of this Commonwealth. 20 Section 7. Refusal, revocation or suspension of license. 21 (a) The board shall have the power to refuse, revoke or 22 suspend a license to practice optometry in this Commonwealth 23 for: 24 (1) Failure of an applicant for licensure to demonstrate 25 the necessary qualifications as provided in this act or the 26 rules and regulations of the board. 27 (2) Failure to permanently display in any location in 28 which he practices a license or a certified copy of a license 29 issued by the board. 30 (3) Use of deceit or fraud in obtaining a license or in 19790S0770B1815 - 8 -
1 the practice of optometry. 2 (4) Making misleading, deceptive, untrue or fraudulent 3 representations or advertisements in the practice of 4 optometry. 5 (5) Conviction of a felony or a crime involving moral 6 turpitude. Conviction shall include a finding or verdict of 7 guilt, an admission of guilt or a plea of nolo contendere. 8 (6) Revocation, suspension or refusal to grant a license 9 to practice optometry, or imposition of other disciplinary 10 action, by the proper licensing authority of another state, 11 territory or country. 12 (7) Inability to practice optometry with reasonable 13 skill and safety to patients by reason of incompetence, 14 illness, drunkenness, excessive use of drugs, narcotics, 15 chemicals or other type of material, or as a result of any 16 mental or physical condition. 17 (8) Violation of a regulation promulgated or order 18 issued by the board in a previous disciplinary proceeding 19 against that licensee or applicant for licensure. 20 (9) Knowingly aiding, assisting, procuring or advising 21 an unlicensed person, or person who is in violation of this 22 act, or the rules and regulations of the board, to practice 23 optometry. 24 (10) Failure to conform to, the acceptable and 25 prevailing standards of optometric practice in rendering 26 professional service to a patient. Actual injury to a patient 27 need not be established. 28 (11) Neglect of duty in the practice of optometry, which 29 may include failure to refer a patient, when appropriate, to 30 a physician for consultation or further treatment when an 19790S0770B1815 - 9 -
1 optometric examination determines the presence of a 2 pathology. 3 (b) When the board finds that the license of a person may be 4 refused, revoked or suspended the board may: 5 (1) Refuse, revoke or suspend a license. 6 (2) Administer a public or private reprimand. 7 (3) Limit or otherwise restrict the licensee's practice 8 under this act. 9 (4) Suspend any enforcement under this subsection and 10 place an optometrist on probation, with the right to vacate 11 the probationary order and impose the enforcement. 12 (c) A person affected by any action of the board under this 13 section shall be afforded an opportunity to demonstrate that he 14 is no longer in violation of this section. 15 (d) A person may complain of a violation of the provisions 16 of this act or the rules and regulations of the board by filing 17 a written complaint with the secretary of the board. The board 18 shall decide either to dismiss the case, issue an injunction, or 19 hold a hearing in accordance with the general rules of 20 administrative practice and procedure. If the person filing the 21 complaint is a member of the board, he shall disqualify himself 22 from participating as a member of the board in all procedures 23 related to the complaint which he filed. 24 (e) Actions of the board shall be taken subject to the right 25 of notice, hearing, adjudication and appeal accorded by law. 26 Section 8. Violations and penalties. 27 (a) (1) It is unlawful for any person in the Commonwealth to 28 engage in the practice of optometry or pretend to have a 29 knowledge of any branch or branches of the practice of 30 optometry or to hold himself forth as a practitioner of 19790S0770B1815 - 10 -
1 optometry, unless he has fulfilled the requirements of this 2 act and received a license to practice optometry in this 3 Commonwealth. 4 (2) A person convicted of practicing optometry without a 5 license shall be guilty of a misdemeanor and shall, on first 6 offense, be subject to a fine of not more than $1,000 or 7 imprisonment of not more than six months, or both. Conviction 8 on each additional offense shall result in a fine of not less 9 than $2,000 and imprisonment of not less than six months or 10 more than one year. 11 (b) A person convicted of violating a provision of this act, 12 other than of subsection (a), is guilty of a summary offense and 13 shall be fined not more than $500. 14 Section 9. Fees and other moneys. 15 (a) The board shall have the power to fix or change fees for 16 examination, biennial license renewal, verification of licensure 17 or grades to other jurisdictions, initial and renewal certified 18 copies of licenses, and biennial renewal of branch offices. 19 (b) Moneys collected under the provisions of this act shall 20 be paid into a designated account and disbursed according to 21 law. 22 Section 10. Freedom of choice. 23 Any State or municipal board, commission, department, 24 institution, agency or bureau including public schools, 25 expending public money for any purpose involving eye care which 26 is within the scope of the practice of optometry shall not deny 27 the recipients or beneficiaries the freedom to choose an 28 optometrist or a physician and shall make the same reimbursement 29 whether the service is provided by an optometrist or a 30 physician: Provided, That whenever programs, policies, plans or 19790S0770B1815 - 11 -
1 contracts which pay on the basis of usual, customary and 2 reasonable charges or on some similar basis are used, only the 3 method of determining the amount of reimbursement shall be the 4 same. 5 Section 11. Transitional provisions. 6 (a) Notwithstanding its repeal pursuant to section 12(a), 7 all valid licenses issued prior to the effective date of this 8 act under the provisions of the act of March 30, 1917 (P.L.21, 9 No.10), referred to as the Optometry Practice Law shall continue 10 with full force and validity during the period for which issued. 11 For the subsequent license period, and each license period 12 thereafter, the board shall renew such licenses without 13 requiring any license examination to be taken. However, 14 applicants for renewal or holders of such licenses shall be 15 subject to all other provisions of this act. 16 (b) All proceedings in progress on the effective date of 17 this act shall continue to proceed under the former terms of the 18 act under which they were originally brought. 19 (c) All offenses alleged to have occurred prior to the 20 effective date of this act shall be processed under the former 21 Optometry Practice Law. 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 19790S0770B1815 - 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/19790S0770B1815 - 13 -