PRIOR PRINTER'S NO. 1365 PRINTER'S NO. 3777
No. 1211 Session of 1995
INTRODUCED BY CIVERA, MARKOSEK, ARMSTRONG, JOSEPHS, CLARK,
E. Z. TAYLOR, DeLUCA, MELIO, SERAFINI, MERRY, BELFANTI,
RUBLEY, CORNELL, COLAIZZO, RAYMOND, VAN HORNE, MICOZZIE,
DURHAM, LAWLESS, ADOLPH AND WAUGH, MARCH 16, 1995
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 18, 1996
AN ACT
1 Relating to the practice of opticianry and contact lens fitting;
2 requiring licensing of persons; providing for injunctions and <--
3 penalties UNLAWFUL ACTS; and making an appropriation. <--
4 It is the purpose of this act to provide for the regulation
5 of persons in the practice of opticianry and contact lens
6 fitting in order to safeguard public health, safety and welfare
7 and to protect the public by assuring that persons engaged in
8 the practice of opticianry and contact lens fitting meet minimum
9 standards of competence.
10 TABLE OF CONTENTS
11 Section 1. Short title.
12 Section 2. Definitions.
13 Section 3. State Board of Opticians and Contacts Lens <--
14 Technicians.
15 Section 4. Powers and duties of board.
16 Section 5. License required.
17 Section 6. Persons and practices not affected.
1 Section 7. Requirements for licensure.
2 Section 8. Examinations.
3 Section 9. Waiver of examination requirements.
4 Section 10. Licenses.
5 Section 11. Renewal of license; continuing education.
6 Section 12. Apprentices and other ancillary personnel.
7 Section 13. Special provisions.
8 Section 14. Causes for denial, suspension or revocation of
9 license.
10 Section 15. Procedures in disciplinary actions.
11 Section 16. Reporting of multiple licensure.
12 Section 17. Display of license or certificate.
13 Section 18. Surrender of license.
14 Section 19. Unlawful acts.
15 Section 20. Civil penalty.
16 Section 21. Fees.
17 Section 22. Appropriation.
18 Section 23. Repeals.
19 Section 24. Effective date.
20 SECTION 3. POWERS AND DUTIES OF BOARD. <--
21 SECTION 4. LICENSE REQUIRED.
22 SECTION 5. PERSONS AND PRACTICES NOT AFFECTED.
23 SECTION 6. REQUIREMENTS FOR LICENSURE.
24 SECTION 7. EXAMINATIONS.
25 SECTION 8. WAIVER OF EXAMINATION REQUIREMENTS.
26 SECTION 9. LICENSES.
27 SECTION 10. RENEWAL OF LICENSE; CONTINUING EDUCATION.
28 SECTION 11. APPRENTICES AND OTHER ANCILLARY PERSONNEL.
29 SECTION 12. SPECIAL PROVISIONS.
30 SECTION 13. CAUSES FOR DENIAL, SUSPENSION OR REVOCATION OF
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1 LICENSE.
2 SECTION 14. PROCEDURES IN DISCIPLINARY ACTIONS.
3 SECTION 15. REPORTING OF MULTIPLE LICENSURE.
4 SECTION 16. DISPLAY OF LICENSE OR CERTIFICATE.
5 SECTION 17. SURRENDER OF LICENSE.
6 SECTION 18. UNLAWFUL ACTS.
7 SECTION 19. APPROPRIATION.
8 SECTION 20. REPEALS.
9 SECTION 21. EFFECTIVE DATE.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Short title.
13 This act shall be known and may be cited as the Opticians and
14 Contact Lens Technicians Licensing Act.
15 Section 2. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Apprentice." A person who holds a certificate of
20 apprenticeship issued in accordance with this act.
21 "Board." The State Board of Opticians and Contact Lens <--
22 Technicians OPTOMETRY. <--
23 "Commissioner." The Commissioner of Professional and
24 Occupational Affairs.
25 "Contact lens technician." A person licensed in accordance
26 with this act who fits an appropriate contact lens for a
27 specific intended wearer and completely assists such wearer in
28 the use of the contact lens if the following conditions are met:
29 (1) The fitting is based on prescription of a licensed
30 physician or optometrist.
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1 (2) The wearer is informed, in accordance with section
2 13(b), to return to the prescribing physician or optometrist
3 for periodic evaluation during the fit whenever the contact
4 lens technician believes professional judgment is needed, but
5 at intervals not to exceed three months.
6 (3) No person licensed under this act shall fill a
7 prescription or dispense contact lenses unless the
8 prescribing physician or optometrist specifies that the
9 prescriber intends it to be for contact lenses.
10 (4) No person licensed in accordance with this act shall
11 fill a prescription beyond an expiration date specified by
12 the prescribing physician or optometrist.
13 "Fitting of contact lenses." A procedure in which a contact
14 lens is placed upon the eye of a wearer and the lens-cornea
15 relationship is evaluated with the use of a biomicroscope or
16 slit-lamp.
17 "Optician." A person licensed in accordance with this act to
18 practice opticianry., including, but not limited to, those <--
19 persons listed by the State Board of Optometry under section
20 6(h)(5) of the act of June 6, 1980 (P.L.197, No.57), known as
21 the Optometric Practice and Licensure Act, to the extent that
22 their activities fall within the scope of the practice of
23 opticianry as defined in this act. Such person shall be a
24 professional health care provider as defined in and subject to
25 the provisions of the act of July 20, 1974 (P.L.564, No.193),
26 known as the Peer Review Protection Act.
27 "Practice of opticianry." The practice of filling
28 prescriptions of licensed physicians or optometrists for
29 ophthalmic lenses; interpreting these prescriptions and taking
30 measurements to determine size and shape of lenses, frames or
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1 lens forms best suited to the wearer's needs; providing
2 duplicate or replacement lenses without prescription; repairing
3 and reproducing previously prepared ophthalmic lenses and frames
4 without prescription; preparing and delivering work orders to
5 technicians engaged in grinding lenses and fabricating eyewear;
6 verifying the accuracy of ophthalmic lenses; and adjusting and
7 dispensing lenses, specially fabricated optical devices, frames
8 and appurtenances thereof to the intended wearer. The practice
9 of opticianry shall not include the fitting of contact lenses.
10 "Prescription." A written or oral direction from a licensed
11 physician or optometrist for lenses, consisting of the
12 refractive power and, when necessary, the vertex distance, the
13 cylinder axis and prism. A prescription for contact lenses shall
14 also specifically indicate approval for contact lens fitting.
15 The neutralization of a spectacle lens shall not constitute a
16 prescription for contact lenses. An oral or telephonically
17 transmitted prescription shall be documented in the files of the
18 optician or the contact lens technician.
19 "Supervision." The direction and control of work through
20 personal inspection and evaluation of work and the provision of
21 such consultation and instruction as may be needed.
22 Section 3. State Board of Opticians and Contact Lens <--
23 Technicians.
24 (a) Creation.--There is hereby created a departmental
25 administrative board to be known as the State Board of Opticians
26 and Contact Lens Technicians which shall be in the Bureau of
27 Professional and Occupational Affairs of the Department of
28 State.
29 (b) Members.--The board shall consist of nine members, all
30 of whom shall be residents of this Commonwealth and two of whom
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1 shall be chosen as representatives of the public interest. The
2 remaining seven members shall be two opticians, two contact lens
3 technicians, one individual who is either an optician or a
4 contact lens technician and who owns a retail place of business
5 in which either opticianry or the fitting of contact lenses is
6 practiced, the Commissioner of Professional and Occupational
7 Affairs and the Director of the Bureau of Consumer Protection in
8 the Office of Attorney General or his designee. The professional
9 and public members of the board should be chosen so they are
10 geographically representative.
11 (c) Appointment.--The professional and public members of the
12 board shall be appointed by the Governor with the advice and
13 consent of a majority of the members elected to the Senate.
14 (d) Terms of office.--The term of each professional and
15 public member of the board shall be four years or until his
16 successor has been appointed and qualified. In the event that
17 any of the members shall die or resign or otherwise become
18 disqualified during his term, a successor shall be appointed in
19 the same way and with the same qualifications and shall hold
20 office for the unexpired term. Of the optician members of the
21 board first appointed, one optician shall serve a term of two
22 years and the other optician shall serve a term of four years.
23 Of the contact lens technician members of the board first
24 appointed, one contact lens technician shall serve a term of
25 four years and the other shall serve a term of two years. The
26 individual first appointed who is either an optician or a
27 contact lens technician and who owns a retail place of business
28 in which either opticianry or the fitting of contact lenses is
29 practiced shall serve a term of four years. Of the public
30 members of the board first appointed, one public member shall
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1 serve a term of two years and one public member shall serve a
2 term of four years. The Governor shall nominate the initial
3 professional and public members within 90 days of the effective
4 date of this act.
5 (e) Reappointment.--A member of the board shall be eligible
6 for reappointment. A member shall not be appointed to serve more
7 than two consecutive terms.
8 (f) Compensation.--Each member of the board, except the
9 commissioner and the Director of the Bureau of Consumer
10 Protection, shall receive $60 per diem when actually attending
11 to the work of the board in accordance with Commonwealth
12 regulations. Members shall also receive the amount of reasonable
13 traveling, hotel and other necessary expenses incurred in the
14 performance of their duties in accordance with Commonwealth
15 regulations.
16 (g) Meetings.--The board shall meet at least twice a year
17 and may hold additional meetings whenever necessary to discharge
18 its duties. A majority of the members of the board serving in
19 accordance with law shall constitute a quorum. Except for
20 temporary and automatic suspensions under section 15, a member
21 may not be counted as part of a quorum or vote on any issue
22 unless he is physically in attendance at the meeting.
23 (h) Attendance.--A member who fails to attend three
24 consecutive meetings shall forfeit membership unless the
25 commissioner, upon written request from the member, finds that
26 the member should be excused from a meeting because of illness
27 or the death of an immediate family member.
28 (i) Attendance at training seminars.--A public member who
29 fails to attend two consecutive statutorily mandated training
30 seminars in accordance with section 813(e) of the act of April
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1 9, 1929 (P.L.177, No.175), known as The Administrative Code of
2 1929, shall forfeit his seat, unless the commissioner, upon
3 written request from the public member, finds that the public
4 member should be excused from a meeting because of illness or
5 the death of a family member.
6 Section 4 3. Powers and duties of board. <--
7 (a) Electing officers.--The State Board of Opticians and <--
8 Contact Lens Technicians shall elect annually from its
9 membership a chairman, vice chairman and secretary.
10 (b) (A) Reviewing applications.--The board shall pass upon <--
11 the qualifications of applicants for licensure, insure the
12 conduct of examinations and issue and renew licenses to
13 opticians or contact lens technicians who qualify under this
14 act.
15 (c) (B) Disciplinary actions.--The board may refuse, revoke, <--
16 suspend, limit or otherwise restrict a license of an optician or
17 contact lens technician pursuant to this act, conduct
18 investigations, including the power to issue subpoenas and hold
19 hearings upon written charges indicating violation of this act
20 or of regulations promulgated pursuant thereto.
21 (d) (C) Maintaining records.--The board shall maintain a <--
22 record listing the name of every living optician or contact lens
23 technician licensed to practice in this Commonwealth, the last
24 known place of business, the last known place of residence and
25 the date and number of the license of the licensee. The listing
26 shall be available to any citizen of this Commonwealth after
27 reimbursement for the actual cost of reproduction and mailing.
28 (e) (D) Promulgating rules and regulations.--The board may <--
29 promulgate rules and regulations not inconsistent with law which
30 it deems necessary for the performance of its duties and the
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1 proper administration of this act.
2 (f) Filing reports.--The board shall submit annually: <--
3 (1) To the Department of State, an estimate of the
4 financial requirements of the board for its administrative,
5 investigative, legal and miscellaneous expenses.
6 (2) To the Appropriations Committee of the Senate and to
7 the Appropriations Committee of the House of Representatives,
8 15 days after the Governor has submitted his budget to the
9 General Assembly, a copy of the budget request for the
10 upcoming fiscal year which the board previously submitted to
11 the Department of State.
12 (3) To the Consumer Protection and Professional
13 Licensure Committee of the Senate and to the Professional
14 Licensure Committee of the House of Representatives, a report
15 containing a description of the types of complaints received,
16 status of cases, board action which has been taken and the
17 length of time from the initial complaint to final board
18 resolution.
19 (g) Subpoenas.--The board shall have power to issue
20 subpoenas, upon application of an attorney responsible for
21 representing the Commonwealth in disciplinary matters before the
22 board, for the purpose of investigating alleged violations of
23 the disciplinary provisions administered by the board. The board
24 shall have the power to subpoena witnesses, to administer oaths,
25 to examine witnesses and to take such testimony or compel the
26 production of such books, records, papers and documents as it
27 may deem necessary or proper in, and pertinent to, any
28 proceeding, investigation or hearing held or had by it.
29 (h) Court action.--The board shall have power to take
30 appropriate actions to initiate injunctive and criminal
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1 prosecution proceedings in connection with the lawful or
2 unauthorized practice of opticianry or contact lens fitting or
3 other violations of this act. Injunctive and criminal
4 proceedings shall be instituted in accordance with the act of
5 October 15, 1980 (P.L.950, No.164), known as the Commonwealth
6 Attorneys Act.
7 (i) Reports to board.--An attorney responsible for
8 representing the Commonwealth in disciplinary matters before the
9 board shall notify the board immediately upon receiving
10 notification of an alleged violation of this act. The board
11 shall maintain current records of all reports of alleged
12 violations and periodically review the records for the purpose
13 of determining that each alleged violation has been resolved in
14 a timely manner.
15 Section 5 4. License required. <--
16 (a) Grace period.--It shall be unlawful, beginning one year
17 from the appointment of the professional and public members of <--
18 the State Board of Opticians and Contact Lens Technicians
19 EFFECTIVE DATE OF THIS ACT, for any person to engage in the <--
20 practice of opticianry or the fitting of contact lenses or to
21 offer or attempt to do so or to hold himself out to the public
22 by any title or description of services incorporating the words
23 "optician," "contact lens technician," "opticianry" or "the
24 fitting of contact lenses," without first obtaining a license
25 pursuant to this act.
26 (b) Limitation on grant of license.--The licensure of
27 opticians or contact lens technicians shall extend only to
28 individuals. A license shall not be issued to a partnership,
29 unincorporated association, corporation or similar business
30 organization.
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1 (C) CONTACT LENS TECHNICIANS.--THOSE PERSONS LISTED BY THE <--
2 STATE BOARD OF OPTOMETRY UNDER SECTION 6(H)(5) OF THE ACT OF
3 JUNE 6, 1980 (P.L.197, NO.57), KNOWN AS THE OPTOMETRIC PRACTICE
4 AND LICENSURE ACT, SHALL BE SUBJECT TO LICENSURE AS CONTACT LENS
5 TECHNICIANS UNDER THIS ACT.
6 Section 6 5. Persons and practices not affected. <--
7 This act shall not be construed to prevent or restrict:
8 (1) A person licensed in this Commonwealth in accordance
9 with the provisions of another law of this Commonwealth from
10 engaging in the profession or occupation for which licensed.
11 Licensed persons may employ unlicensed persons to provide
12 contact lens services, except those services which require
13 licensure under this act, under the direct, personal
14 supervision and control of such licensee within the standards
15 of his profession.
16 (2) The sale or manufacture of ready-to-wear eyeglasses,
17 which sale or manufacturing is hereby specifically excluded
18 from this act.
19 (3) A person pursuing a course of study leading to a
20 degree or certificate in opticianry or contact lens fitting
21 in an accredited and approved educational program, provided
22 that the activities and services are part of a supervised
23 course of study and the person is designated by a title which
24 clearly indicates the status of student or trainee and not
25 licensed optician or licensed contact lens technician.
26 (4) A person fulfilling the apprenticeship requirements
27 of this act, provided that the activities and services
28 constitute a part of the apprenticeship necessary to meet the
29 requirements of the program.
30 (5) Any individual, firm or corporation from employing
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1 persons licensed under this act to engage in the practice of
2 opticianry or the fitting of contact lenses.
3 Section 7 6. Requirements for licensure. <--
4 (A) GENERAL RULE.--Upon filing timely application with the <--
5 State Board of Opticians and Contact Lens Technicians BOARD upon <--
6 forms approved by the board and payment of an examination fee
7 determined by the board, any person desiring to qualify for
8 licensing as an optician or as a contact lens technician shall
9 be permitted to take an examination for licensing, provided that
10 the individual submits with the application evidence
11 satisfactory to the board that:
12 (1) The individual is a citizen of the United States of
13 America or has applied for citizenship.
14 (2) The individual is 18 years of age or older.
15 (3) The individual is of good moral character.
16 (4) The individual is a graduate of an accredited high
17 school or has completed the full equivalent of a grammar
18 school and a four-year high school course.
19 (5) In the case of an applicant for licensing as an
20 optician, the individual has had at least two years of
21 practical training and experience in opticianry immediately
22 prior to the end of one year from the effective date of this
23 act, has completed an apprenticeship in accordance with
24 section 12 or has successfully completed the prescribed
25 course in opticianry for opticians in a college, university
26 or other institution of learning, which course shall have
27 been accredited by an accrediting agency recognized and
28 approved by the United States Department of Education or the
29 Council of Post-Secondary Education and officially approved
30 by the board.
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1 (6) In the case of an applicant for licensing as a
2 contact lens technician, he has successfully completed the
3 prescribed course of study for an associates degree in
4 ophthalmic sciences in a college, university or other
5 institution of learning, which course shall have been
6 accredited by an accrediting agency recognized and approved
7 by the United States Department of Education or the Council
8 of Post-Secondary Education and officially approved by the
9 board. The course shall include clinical training covering
10 the competencies required in fitting, adapting and dispensing
11 of contact lenses and shall include at least nine credit
12 hours in contact lens courses. The board may require a more
13 extensive course of study.
14 (B) EXCEPTION.--THE BOARD SHALL GRANT A CONTACT LENS <--
15 TECHNICIAN LICENSE TO THOSE PERSONS LISTED BY THE STATE BOARD OF
16 OPTOMETRY UNDER SECTION 6(H)(5) OF THE ACT OF JUNE 6, 1980
17 (P.L.197, NO.57), KNOWN AS THE OPTOMETRIC PRACTICE AND LICENSURE
18 ACT, UPON COMPLETION OF THE APPLICATION FORM AND PAYMENT OF THE
19 APPLICABLE FEE.
20 Section 8 7. Examinations. <--
21 (a) Administration.--The examination for licensing shall be
22 conducted at least twice a year, and at other times the State <--
23 Board of Opticians and Contact Lens Technicians BOARD may <--
24 determine as necessary, at the times and places the board
25 determines. The examination shall be prepared and administered
26 by a qualified and approved professional testing organization in
27 accordance with section 812.1 of the act of April 9, 1929
28 (P.L.177, No.175), known as The Administrative Code of 1929.
29 (b) Substance of optician examination.--The license
30 examination for an optician shall be confined to the knowledge
19950H1211B3777 - 13 -
1 that is essential to practice as an optician and, at a minimum,
2 shall show proficiency in the following subjects: prescription
3 interpretation and analysis; fitting, design and dispensing of
4 eyeglass lenses, frames and accessories; the use of standard
5 ophthalmic equipment; the taking of pupillary and facial
6 measurements; administrative recordkeeping; and professional and
7 ethical conduct. The examination shall be in written form.
8 (c) Substance of contact lens technician examination.--The
9 license examination for a contact lens technician shall be
10 confined to the knowledge that is essential to practice as a
11 contact lens technician and, at a minimum, shall show
12 proficiency in the following subjects: prefit evaluation,
13 prescription interpretation and analysis, use of instrumentation
14 consistent with contact lens fitting, determination of lens type
15 and design of contact lens specifications, instructions on
16 application and care of lenses, follow-up procedures, practice
17 management, and professional and ethical conduct. This
18 examination shall include both written and practical portions.
19 Section 9 8. Waiver of examination requirements. <--
20 (a) Requirements to waive optician examination.--The State <--
21 Board of Opticians and Contact Lens Technicians BOARD shall <--
22 waive the optician examination requirement and grant an optician
23 license to any applicant who meets any one of the following:
24 (1) Is currently licensed to practice opticianry in
25 another state if the state's qualifications are equivalent to
26 those qualifications required in this Commonwealth and if
27 that state offers similar privileges to licensees of the
28 board.
29 (2) Holds a currently valid certificate as a certified
30 optician from the American Board of Opticianry on the
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1 effective date of this act.
2 (3) Has been engaged in the practice of opticianry for a
3 period of three years immediately prior to the effective date
4 of this act.
5 (b) Requirements to waive contact lens technician
6 examination.--The board shall waive the contact lens examination
7 requirement and grant a contact lens technician license to any
8 applicant who, within three months of the effective date of this
9 act, meets one of the following criteria:
10 (1) Is currently licensed to fit contact lenses in
11 another state if that state's qualifications are equivalent
12 to those qualifications required in this Commonwealth and if
13 that state offers similar privileges to licensees of the
14 board.
15 (2) Is currently certified by the National Committee of
16 Contact Lens Examiners on the effective date of this act.
17 Section 10 9. Licenses. <--
18 Each applicant who successfully completes the examination for
19 licensing as an optician or a contact lens technician or who is
20 exempt from either such examination in accordance with section 9 <--
21 8 shall, upon payment of the required fee established by the
22 State Board of Opticians and Contact Lens Technicians BOARD, <--
23 receive a license as an optician or as a contact lens
24 technician, as the case may be, from the board. The license
25 shall be recorded in the office of the Commissioner of
26 Professional and Occupational Affairs in a record book to be
27 properly kept for that purpose and shall be open to public
28 inspection.
29 Section 11 10. Renewal of license; continuing education. <--
30 (a) Application.--Licenses under this act shall be subject
19950H1211B3777 - 15 -
1 to renewal every two years and shall expire unless the licensee
2 submits an application for renewal in the manner prescribed by
3 the State Board of Opticians and Contact Lens Technicians. THE <--
4 BOARD.
5 (b) Continuing education.--The application shall be
6 accompanied by a renewal fee and evidence that the applicant
7 has, during the preceding two-year period, completed continuing
8 education as follows:
9 (1) An optician must complete eight hours of continuing
10 education in opticianry approved by the board.
11 (2) A contact lens technician must complete 12 hours of
12 continuing education in contact lens fitting approved by the
13 board.
14 (3) An individual who is licensed as an optician and
15 also as a contact lens technician must complete 12 hours of
16 continuing education in contact lens fitting approved by the
17 board and four hours of continuing education in opticianry
18 approved by the board.
19 (4) No credit shall be given for courses in office
20 management or sales.
21 Section 12 11. Apprentices and other ancillary personnel. <--
22 (a) Employment of apprentices.--Persons licensed under this
23 act may utilize apprentices to engage in opticianry when the
24 apprentices are under their direct supervision and at the same
25 location where the licensed person dispenses, but no licensed
26 optician may supervise more than two apprentices. Apprentices
27 may be employed upon the issuance of a certificate of
28 apprenticeship by the State Board of Opticians and Contact Lens <--
29 Technicians BOARD. <--
30 (b) Certificate of apprenticeship.--Applications for a
19950H1211B3777 - 16 -
1 certificate of apprenticeship shall be made to the board in
2 writing upon forms provided by the board and shall contain such
3 information as the board requires. A certificate shall be issued
4 for a maximum of two years. Upon completion of the two-year
5 apprenticeship, which shall include a minimum of 3,500 2,000 <--
6 hours of employment during the apprenticeship, the apprentice
7 shall take the first scheduled licensing examination except for
8 reasons of health or hardship. If the examination is failed, the
9 apprentice shall take it again on the next scheduled date. If
10 the apprentice is unsuccessful in passing three consecutive
11 examinations, he shall return his certificate. While the
12 apprentice is waiting to take a licensing examination, his
13 certificate of apprenticeship shall remain in effect. An
14 individual shall only be permitted to obtain another
15 apprenticeship certificate under exceptional circumstances
16 approved by the board.
17 (c) Rules and regulations.--The board shall promulgate rules
18 and regulations to insure that the apprentice is tested
19 periodically as to his progress.
20 (d) Employment of others.--Persons licensed under this act
21 may employ other ancillary personnel to assist in fashion
22 consulting, to perform clerical and office duties, to assist in
23 making minor repairs and to perform laboratory work. Those
24 personnel need not be registered as apprentices.
25 Section 13 12. Special provisions. <--
26 (a) Duplicated lenses.--Subsequent to the completion of
27 contact lens fitting and evaluation of the fit by a licensed
28 physician or optometrist, contact lenses may be duplicated and
29 dispensed by a licensed contact lens technician. The
30 specifications of such duplicated contact lenses shall be
19950H1211B3777 - 17 -
1 obtained from the original fitter, physician or optometrist and
2 may not be determined by measurement of the contact lens or from
3 parameters listed on contact lens packaging.
4 (b) Duty to inform.--The contact lens technician shall
5 inform each individual for whom he fits any form or kind of
6 contact lens that the wearer should return to the prescribing
7 physician or optometrist for a final evaluation of the fit of
8 the contact lens. Each wearer shall be provided with a form in
9 accordance with this subsection and shall also be informed
10 orally that he should return to the prescribing practitioner.
11 The form shall be signed and dated by the contact lens wearer,
12 who shall receive a copy of the form. The form shall include the
13 following statement:
14 I have been advised that I should return to my physician
15 or optometrist for a final evaluation of the fit of my
16 contact lenses within three months of their delivery to
17 me.
18 (Signature) (Date)
19 The contact lens technician shall retain a copy of the form for
20 two years.
21 (c) Prescriptions.--
22 (1) A physician or optometrist shall provide to the
23 patient, at no charge, a copy of the patient's prescription
24 immediately after a refraction.
25 (2) A physician or optometrist shall provide a person
26 upon whom he previously performed a refraction with a copy of
27 the prescription, at no charge, upon the patient's request.
28 Section 14 13. Causes for denial, suspension or revocation of <--
29 license.
30 (a) General rule.--The State Board of Opticians and Contact <--
19950H1211B3777 - 18 -
1 Lens Technicians BOARD may deny, suspend, revoke, limit or <--
2 otherwise restrict a license for any of the following causes:
3 (1) Obtaining a license by fraud or deceit.
4 (2) Use of the term "doctor," "physician" or "clinic,"
5 or any derivation thereof, as part of the firm name under
6 which the licensee fits and sells ophthalmic devices unless
7 authorized by law.
8 (3) Holding oneself out by or using the title "Doctor."
9 (4) Fraud or misrepresentation in the repair, fitting or
10 selling of ophthalmic devices, including advertising, by
11 publication, transmission or otherwise, which has the
12 tendency to mislead or is deceptive or fraudulent on its
13 face, by inference, or by effect.
14 (5) The employment, to perform any act covered by this
15 act, of a person known to the employer whose license is KNOWN <--
16 BY THE EMPLOYER TO BE suspended or who does not possess a
17 valid license issued under this act.
18 (6) Violating or permitting, with notice or knowledge of
19 its commission, the violation by any licensed employee of any
20 provision of this act or any rules or regulations promulgated
21 under this act.
22 (7) Being convicted of a felony or receiving probation
23 without verdict, disposition in lieu of trial or an
24 Accelerated Rehabilitative Disposition in the courts of this
25 Commonwealth, a Federal court or a court of any state,
26 territory, possession or country.
27 (8) Having a license or other authorization to practice
28 the profession revoked or suspended or having other
29 disciplinary action taken, or an application for a license or
30 other authorization refused, revoked or suspended by a proper
19950H1211B3777 - 19 -
1 licensing authority of another state, territory, possession
2 or country, or a branch of the Federal Government.
3 (9) Being unable to practice the profession with
4 reasonable skill and safety to patients by reason of illness,
5 addiction to drugs or alcohol, having been convicted of a
6 felonious act prohibited by the act of April 14, 1972
7 (P.L.233, No.64), known as The Controlled Substance, Drug,
8 Device and Cosmetic Act, or convicted of a felony relating to
9 a controlled substance in a court of law of the United States
10 or any other state, territory, possession or country, or if
11 he is or shall become mentally incompetent. An applicant's
12 statement on the application declaring the absence of a
13 conviction shall be deemed satisfactory evidence of the
14 absence of a conviction unless the board has some evidence to
15 the contrary. In enforcing this paragraph, the board shall,
16 upon probable cause, have authority to compel a practitioner
17 to submit to a mental or physical examination by a physician
18 or a psychologist approved by the board. Failure of a
19 practitioner to submit to such examination when directed by
20 the board, unless such failure is due to circumstances beyond
21 his control, shall constitute an admission of the allegations
22 against him consequent upon which a default and final order
23 may be entered without the taking of testimony or
24 presentation of evidence. A practitioner affected under this
25 paragraph shall at reasonable intervals be afforded an
26 opportunity to demonstrate that he can resume a competent
27 practice of his profession with reasonable skill and safety
28 to patients.
29 (10) Violating a lawful regulation promulgated by the
30 board or violating a lawful order of the board previously
19950H1211B3777 - 20 -
1 entered by the board in a disciplinary proceeding.
2 (11) Being guilty of malpractice, immoral or
3 unprofessional conduct. Unprofessional conduct shall include
4 departure from or failing to conform to the standards of
5 acceptable and prevailing practice of opticianry or contact
6 lens fitting. In proceedings based on this paragraph, actual
7 injury to a patient need not be established.
8 (12) Acting in such manner as to present an immediate
9 and clear danger to public health or safety.
10 (13) Acting outside the scope of a license.
11 (14) Making a false or deceptive biennial registration
12 with the board.
13 (15) Intentionally submitting to any third-party payor a
14 claim for a service which was not actually provided to a
15 wearer.
16 (16) Being enjoined from violating any provision of the
17 act of December 17, 1968 (P.L.1224, No.387), known as the
18 Unfair Trade Practices and Consumer Protection Law, or being
19 subject to a final order of the Federal Trade Commission, the
20 Pennsylvania Department of Health or the Food and Drug
21 Administration of the United States Department of Health and
22 Human Services concerning the sale or offering for sale of
23 unsafe, unhealthful or worthless ophthalmic devices or for
24 engaging in conduct which has the tendency to mislead or
25 deceive.
26 (b) Five-year revocation period.--Unless ordered to do so by
27 a court, the board shall not reinstate the license of a person
28 to practice as an optician or contact lens technician which has
29 been revoked, and such person shall be required to apply for
30 licensure after a five-year period in accordance with the
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1 provisions of this act, including the examination requirement,
2 if he desires to practice at any time after such revocation.
3 Section 15 14. Procedures in disciplinary actions. <--
4 (a) Procedure.--All disciplinary actions of the State Board <--
5 of Opticians and Contact Lens Technicians BOARD shall be taken <--
6 subject to the right of notice, hearing and adjudication, and
7 the right of appeal therefrom in accordance with 2 Pa.C.S.
8 (relating to administrative law and procedure).
9 (b) Temporary suspension.--A license issued under this act
10 may be temporarily suspended under circumstances as determined
11 by the board to be an immediate and clear danger to the public
12 health and safety. The board shall issue an order to that effect
13 without a hearing, but upon due notice, to the licensee
14 concerned at his last known address, which shall include a
15 written statement of all allegations against the licensee. The
16 provisions of subsection (a) shall not apply to temporary
17 suspension. The board shall thereupon commence formal action to
18 suspend, revoke or restrict the license of the person concerned
19 as otherwise provided for in this act. All actions shall be
20 taken promptly and without delay. Within 30 days following the
21 issuance of an order temporarily suspending a license, the board
22 shall conduct or cause to be conducted a preliminary hearing to
23 determine that there is a prima facie case supporting the
24 suspension. The licensee whose license has been temporarily
25 suspended may be present at the preliminary hearing, may be
26 represented by counsel and may cross-examine witnesses, inspect
27 physical evidence, call witnesses, offer evidence and testimony,
28 and make a record of the proceedings. If it is determined that
29 there is not a prima facie case, the suspended license shall be
30 immediately restored. The temporary suspension shall remain in
19950H1211B3777 - 22 -
1 effect until vacated by the board, but in no event longer than
2 180 days.
3 (c) Automatic suspension.--A license issued under this act
4 shall automatically be suspended upon the legal commitment to an
5 institution of a licensee because of mental incompetency from
6 any cause upon filing with the board a certified copy of such
7 commitment, conviction of a felony under the act of April 14,
8 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
9 Device and Cosmetic Act, or conviction of an offense under the
10 laws of another jurisdiction, which, if committed in this
11 Commonwealth, would be a felony.
12 Section 16 15. Reporting of multiple licensure. <--
13 Any licensed optician or licensed contact lens technician of
14 this Commonwealth who is also licensed to practice opticianry or
15 contact lens fitting in any other state, territory, possession
16 or country shall report this information to the State Board of <--
17 Opticians and Contact Lens Technicians BOARD on the biennial <--
18 registration application. Any disciplinary action taken in such
19 other jurisdiction shall be reported to the board on the
20 biennial registration application or within 90 days of final
21 disposition, whichever is sooner. Multiple licensure shall be
22 noted by the board on the optician's or contact lens
23 technician's record and such state, territory, possession or
24 country shall be notified by the board of any disciplinary
25 actions taken against the optician or contact lens technician in
26 this Commonwealth.
27 Section 17 16. Display of license or certificate. <--
28 Every holder of a license or certificate granted by the State <--
29 Board of Opticians and Contact Lens Technicians BOARD under this <--
30 act shall display the license or certificate in a conspicuous
19950H1211B3777 - 23 -
1 place in the office where such person practices opticianry or
2 the fitting of contact lenses or is serving as an apprentice.
3 Section 18 17. Surrender of license. <--
4 The State Board of Opticians and Contact Lens Technicians THE <--
5 BOARD shall require a person whose license has been suspended or
6 revoked to return the license in such manner as the board
7 directs. A person who fails to do so commits a misdemeanor of
8 the third degree.
9 Section 19 18. Unlawful acts. <--
10 A person commits a misdemeanor of the third degree and shall,
11 upon conviction, be sentenced to pay a fine of not more than
12 $2,500 $2,000 or to imprisonment for not more than six months, <--
13 or both, if he commits any act declared unlawful by any other
14 provision of this act, or if he:
15 (1) Makes misleading, deceptive, untrue or fraudulent
16 representations in the practice of opticianry or contact lens
17 fitting.
18 (2) Practices fraud or deceit in obtaining a license as
19 an optician or contact lens technician.
20 (3) Displays gross incompetence, negligence or
21 misconduct in carrying on the practice of opticianry or
22 contact lens fitting.
23 (4) Makes a false or deceptive biennial registration
24 with the State Board of Opticians and Contact Lens <--
25 Technicians BOARD. <--
26 (5) Violates a lawful regulation promulgated by the
27 board or a lawful order of the board previously entered in a
28 disciplinary proceeding.
29 (6) Knowingly aids, assists, procures or advises any
30 unlicensed person to practice opticianry or contact lens
19950H1211B3777 - 24 -
1 fitting contrary to this act or regulations of the board.
2 (7) Commits immoral or unprofessional conduct.
3 Unprofessional conduct shall include any departure from, or
4 failure to conform to, the standards of acceptable and
5 prevailing practice of opticianry or contact lens fitting.
6 (8) Engages in the practice of opticianry or the fitting
7 of contact lenses in this Commonwealth without having at the
8 time of so doing a valid, unrevoked and unexpired license or
9 temporary license.
10 Section 20. Civil penalty. <--
11 In addition to any other civil or criminal penalty provided
12 for in this act, the State Board of Opticians and Contact Lens
13 Technicians, by a vote of the majority of the maximum number of
14 the authorized membership of the board as provided by law, or by
15 a vote of the majority of the duly qualified and confirmed
16 membership or a minimum of four members, whichever is greater,
17 may levy a civil penalty of up to $1,000 on any current licensee
18 who violates any provision of this act or on any person who
19 practices opticianry or fits contact lenses without being
20 properly licensed to do so under this act. The board shall levy
21 this penalty only after affording the accused party the
22 opportunity for a hearing, as provided in 2 Pa.C.S. (relating to
23 administrative law and procedure). All fines and civil penalties
24 imposed in accordance with this section shall be paid into the
25 Professional Licensure Augmentation Account.
26 Section 21. Fees.
27 (a) Imposition and increases.--All fees required under this
28 act shall be fixed by the State Board of Opticians and Contact
29 Lens Technicians by regulation and shall be subject to the act
30 of June 25, 1982 (P.L.633, No.181), known as the Regulatory
19950H1211B3777 - 25 -
1 Review Act. If the revenues raised by fees, fines and civil
2 penalties imposed pursuant to this act are not sufficient to
3 meet expenditures over a two-year period, the board shall
4 increase those fees by regulation so that the projected revenues
5 will meet or exceed projected expenditures.
6 (b) Additional increases.--If the Bureau of Professional and
7 Occupational Affairs determines that the fees established by the
8 board under subsection (a) are inadequate to meet the minimum
9 enforcement efforts required by this act, then the bureau, after
10 consultation with the board and subject to the Regulatory Review
11 Act, shall increase the fees by regulation in an amount that
12 adequate revenues are raised to meet the required enforcement
13 effort.
14 Section 22 19. Appropriation. <--
15 The sum of $75,000, or as much thereof as may be necessary,
16 is hereby appropriated from the Professional Licensure
17 Augmentation Account within the General Fund to the Bureau of
18 Professional and Occupational Affairs in the Department of State
19 for the establishment and operation of the State Board of
20 Opticians and Contact Lens Technicians. The appropriation
21 granted shall be repaid by the board within three years of the
22 beginning of issuance of licenses by the board.
23 Section 23 20. Repeals. <--
24 All acts and parts of acts are repealed insofar as they are
25 inconsistent with this act.
26 Section 24 21. Effective date. <--
27 This act shall take effect in 60 days.
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