PRINTER'S NO. 1396
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1088
Session of
2015
INTRODUCED BY MURT, COHEN, FARINA AND McNEILL, APRIL 28, 2015
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 28, 2015
AN ACT
Relating to the practice of opticianry and contact lens fitting;
requiring licensing of individuals; and providing for
unlawful acts.
It is the purpose of this act to provide for the regulation
of individuals in the practice of opticianry and contact lens
fitting in order to safeguard public health, safety and welfare
and to protect the public by assuring that individuals engaged
in the practice of opticianry and contact lens fitting meet
minimum standards of competence.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. Powers and duties of board.
Section 4. License required.
Section 5. Individuals and practices not affected.
Section 6. Requirements for licensure.
Section 7. Examinations.
Section 8. Waiver of examination requirements.
Section 9. Licenses.
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Section 10. Renewal of license and continuing education.
Section 11. Apprentices and other ancillary personnel.
Section 12. Special provisions.
Section 13. Causes for denial, suspension or revocation of
license.
Section 14. Procedures in disciplinary actions.
Section 15. Reporting of multiple licensure.
Section 16. Display of license or certificate.
Section 17. Surrender of license.
Section 18. Unlawful acts.
Section 19. Repeals.
Section 20. Effective date.
Section 1. Short title.
This act shall be known and may be cited as the Opticians and
Contact Lens Technicians Licensing Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Apprentice." An individual who holds a certificate of
apprenticeship issued in accordance with this act.
"Board." The State Board of Optometry.
"Commissioner." The Commissioner of Professional and
Occupational Affairs.
"Contact lens technician." An individual licensed in
accordance with this act who fits an appropriate contact lens
for a specific intended wearer and completely assists such
wearer in the use of the contact lens if the following
conditions are met:
(1) The fitting is based on prescription of a licensed
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physician or optometrist.
(2) The wearer is informed, in accordance with section
13(b), to return to the prescribing physician or optometrist
for periodic evaluation during the fit whenever the contact
lens technician believes professional judgment is needed, but
at intervals not to exceed three months.
(3) No individual licensed under this act shall fill a
prescription or dispense contact lenses unless the
prescribing physician or optometrist specifies that the
prescriber intends it to be for contact lenses.
(4) No individual licensed in accordance with this act
shall fill a prescription beyond an expiration date specified
by the prescribing physician or optometrist.
"Fitting of contact lenses." A procedure in which a contact
lens is placed upon the eye of a wearer and the lens-cornea
relationship is evaluated with the use of a biomicroscope or
slit-lamp.
"Optician." An individual licensed in accordance with this
act to practice opticianry.
"Practice of opticianry." The practice of filling
prescriptions of licensed physicians or optometrists for
ophthalmic lenses; interpreting these prescriptions and taking
measurements to determine size and shape of lenses, frames or
lens forms best suited to the wearer's needs; providing
duplicate or replacement lenses without prescription; repairing
and reproducing previously prepared ophthalmic lenses and frames
without prescription; preparing and delivering work orders to
technicians engaged in grinding lenses and fabricating eyewear;
verifying the accuracy of ophthalmic lenses; and adjusting and
dispensing lenses, specially fabricated optical devices, frames
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and appurtenances thereof to the intended wearer. The practice
of opticianry shall not include the fitting of contact lenses.
"Prescription." A written or oral direction from a licensed
physician or optometrist for lenses, consisting of the
refractive power and, when necessary, the vertex distance, the
cylinder axis and prism. A prescription for contact lenses shall
also specifically indicate approval for contact lens fitting.
The neutralization of a spectacle lens shall not constitute a
prescription for contact lenses. An oral or telephonically
transmitted prescription shall be documented in the files of the
optician or the contact lens technician.
"Supervision." The direction and control of work through
personal inspection and evaluation of work and the provision of
such consultation and instruction as may be needed.
Section 3. Powers and duties of board.
(a) Reviewing applications.--The board shall pass upon the
qualifications of applicants for licensure, insure the conduct
of examinations and issue and renew licenses to opticians or
contact lens technicians who qualify under this act.
(b) Disciplinary actions.--The board may refuse, revoke,
suspend, limit or otherwise restrict a license of an optician or
contact lens technician under this act, conduct investigations,
including the power to issue subpoenas and hold hearings upon
written charges indicating violation of this act or of
regulations promulgated pursuant thereto.
(c) Maintaining records.--The board shall maintain a record
listing the name of every living optician or contact lens
technician licensed to practice in this Commonwealth, the last
known place of business, the last known place of residence and
the date and number of the license of the licensee. The listing
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shall be available to any citizen of this Commonwealth after
reimbursement for the actual cost of reproduction and mailing.
(d) Promulgating rules and regulations.--The board may
promulgate rules and regulations not inconsistent with law which
it deems necessary for the performance of its duties and the
proper administration of this act.
Section 4. License required.
(a) Grace period.--It shall be unlawful, beginning two years
from the effective date of this act, for any individual to
engage in the practice of opticianry or the fitting of contact
lenses or to offer or attempt to do so or to hold himself out to
the public by any title or description of services incorporating
the words "optician," "contact lens technician," "opticianry" or
"the fitting of contact lenses," without first obtaining a
license under this act.
(b) Limitation on grant of license.--The licensure of
opticians or contact lens technicians shall extend only to
individuals. A license shall not be issued to a partnership,
unincorporated association, corporation or similar business
organization.
(c) Contact lens technicians.--Those individuals listed by
the State Board of Optometry under section 6(h)(5) of the act of
June 6, 1980 (P.L.197, No.57), known as the Optometric Practice
and Licensure Act, shall be subject to licensure as contact lens
technicians under this act.
Section 5. Individuals and practices not affected.
This act shall not be construed to prevent or restrict:
(1) An individual licensed in this Commonwealth in
accordance with the provisions of another law of this
Commonwealth from engaging in the profession or occupation
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for which licensed. Licensed individuals may employ
unlicensed individuals to provide contact lens services,
except those services which require licensure under this act,
under the direct, personal supervision and control of such
licensee within the standards of the licensee's profession.
(2) The sale or manufacture of ready-to-wear eyeglasses,
which sale or manufacturing is hereby specifically excluded
from this act.
(3) An individual pursuing a course of study leading to
a degree or certificate in opticianry or contact lens fitting
in an accredited and approved educational program, provided
that the activities and services are part of a supervised
course of study and the individual is designated by a title
which clearly indicates the status of student or trainee and
not licensed optician or licensed contact lens technician.
(4) An individual fulfilling the apprenticeship
requirements of this act, provided that the activities and
services constitute a part of the apprenticeship necessary to
meet the requirements of the program.
(5) Any individual, firm or corporation from employing
individuals licensed under this act to engage in the practice
of opticianry or the fitting of contact lenses.
Section 6. Requirements for licensure.
(a) General rule.--Upon filing timely application with the
board upon forms approved by the board and payment of an
examination fee determined by the board, any individual desiring
to qualify for licensing as an optician or as a contact lens
technician shall be permitted to take an examination for
licensing, provided that the individual submits with the
application evidence satisfactory to the board that:
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(1) The individual is a citizen of the United States or
has applied for citizenship.
(2) The individual is 18 years of age or older.
(3) The individual is of good moral character.
(4) The individual is a graduate of an accredited high
school or has completed the full equivalent of a grammar
school and a four-year high school course.
(5) In the case of an applicant for licensing as an
optician, the individual has had at least two years of
practical training and experience in opticianry immediately
prior to the end of one year from the effective date of this
act, has completed an apprenticeship in accordance with
section 11 or has successfully completed the prescribed
course in opticianry for opticians in a college, university
or other institution of learning, which course shall have
been accredited by an accrediting agency recognized and
approved by the United States Department of Education or the
Council of Post-Secondary Education and officially approved
by the board.
(6) In the case of an applicant for licensing as a
contact lens technician, the individual has successfully
completed the prescribed course of study for an associates
degree in ophthalmic sciences in a college, university or
other institution of learning, which course shall have been
accredited by an accrediting agency recognized and approved
by the United States Department of Education or the Council
of Post-Secondary Education and officially approved by the
board. The course shall include clinical training covering
the competencies required in fitting, adapting and dispensing
of contact lenses and shall include at least nine credit
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hours in contact lens courses. The board may require a more
extensive course of study.
(b) Exception.--The board shall grant a Contact Lens
Technician license to those individuals listed by the State
Board of Optometry under section 6(h)(5) of the act of June 6,
1980 (P.L.197, No.57), known as the Optometric Practice and
Licensure Act, upon completion of the application form and
payment of the applicable fee.
Section 7. Examinations.
(a) Administration.--The examination for licensing shall be
conducted at least twice a year, and at other times the board
may determine as necessary, at the times and places the board
determines. The examination shall be prepared and administered
by a qualified and approved professional testing organization in
accordance with section 812.1 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
(b) Substance of optician examination.--The license
examination for an optician shall be confined to the knowledge
that is essential to practice as an optician and, at a minimum,
shall show proficiency in the following subjects: prescription
interpretation and analysis; fitting, design and dispensing of
eyeglass lenses, frames and accessories; the use of standard
ophthalmic equipment; the taking of pupillary and facial
measurements; administrative recordkeeping; and professional and
ethical conduct. The examination shall be in written form.
(c) Substance of contact lens technician examination.--The
license examination for a contact lens technician shall be
confined to the knowledge that is essential to practice as a
contact lens technician and, at a minimum, shall show
proficiency in the following subjects: prefit evaluation,
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prescription interpretation and analysis, use of instrumentation
consistent with contact lens fitting, determination of lens type
and design of contact lens specifications, instructions on
application and care of lenses, follow-up procedures, practice
management and professional and ethical conduct. This
examination shall include both written and practical portions.
Section 8. Waiver of examination requirements.
(a) Requirements to waive optician examination.--The board
shall waive the optician examination requirement and grant an
optician license to any applicant who meets any one of the
following:
(1) Is currently licensed to practice opticianry in
another state if the state's qualifications are equivalent to
those qualifications required in this Commonwealth and if
that state offers similar privileges to licensees of the
board.
(2) Holds a currently valid certificate as a certified
optician from the American Board of Opticianry on the
effective date of this act.
(3) Has been engaged in the practice of opticianry for a
period of three years immediately prior to the effective date
of this act.
(b) Requirements to waive contact lens technician
examination.--The board shall waive the contact lens examination
requirement and grant a contact lens technician license to any
applicant who, within three months of the effective date of this
act, meets one of the following criteria:
(1) Is currently licensed to fit contact lenses in
another state if that state's qualifications are equivalent
to those qualifications required in this Commonwealth and if
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that state offers similar privileges to licensees of the
board.
(2) Is currently certified by the National Contact Lens
Examiners on the effective date of this act.
Section 9. Licenses.
Each applicant who successfully completes the examination for
licensing as an optician or a contact lens technician or who is
exempt from either such examination in accordance with section 8
shall, upon payment of the required fee established by the
board, receive a license as an optician or as a contact lens
technician, as the case may be, from the board.
Section 10. Renewal of license and continuing education.
(a) Application.--Licenses under this act shall be subject
to renewal every two years and shall expire unless the licensee
submits an application for renewal in the manner prescribed by
the board.
(b) Continuing education.--The application shall be
accompanied by a renewal fee and evidence that the applicant
has, during the preceding two-year period, completed continuing
education as follows:
(1) An optician must complete eight hours of continuing
education in opticianry approved by the board.
(2) A contact lens technician must complete 12 hours of
continuing education in contact lens fitting approved by the
board.
(3) An individual who is licensed as an optician and
also as a contact lens technician must complete 12 hours of
continuing education in contact lens fitting approved by the
board and four hours of continuing education in opticianry
approved by the board.
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(4) No credit shall be given for courses in office
management or sales.
Section 11. Apprentices and other ancillary personnel.
(a) Employment of apprentices.--Individuals licensed under
this act may utilize apprentices to engage in opticianry when
the apprentices are under their direct supervision and at the
same location where the licensed individual dispenses, but no
licensed optician may supervise more than two apprentices.
Apprentices may be employed upon the issuance of a certificate
of apprenticeship by the board.
(b) Certificate of apprenticeship.--Applications for a
certificate of apprenticeship shall be made to the board in
writing upon forms provided by the board and shall contain such
information as the board requires. A certificate shall be issued
for a maximum of two years. Upon completion of the two-year
apprenticeship, which shall include a minimum of 2,000 hours of
employment during the apprenticeship, the apprentice shall take
the first scheduled licensing examination except for reasons of
health or hardship. If the examination is failed, the apprentice
shall take it again on the next scheduled date. If the
apprentice is unsuccessful in passing three consecutive
examinations, the apprentice shall return his or her
certificate. While the apprentice is waiting to take a licensing
examination, his or her certificate of apprenticeship shall
remain in effect. An individual shall only be permitted to
obtain another apprenticeship certificate under exceptional
circumstances approved by the board.
(c) Rules and regulations.--The board shall promulgate rules
and regulations to ensure that the apprentice is tested
periodically as to his or her progress.
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(d) Employment of others.--Individuals licensed under this
act may employ other ancillary personnel to assist in fashion
consulting, to perform clerical and office duties, to assist in
making minor repairs and to perform laboratory work. Those
personnel need not be registered as apprentices.
Section 12. Special provisions.
(a) Duplicated lenses.--Subsequent to the completion of
contact lens fitting and evaluation of the fit by a licensed
physician or optometrist, contact lenses may be duplicated and
dispensed by a licensed contact lens technician. The
specifications of such duplicated contact lenses shall be
obtained from the original fitter, physician or optometrist and
may not be determined by measurement of the contact lens or from
parameters listed on contact lens packaging.
(b) Duty to inform.--The contact lens technician shall
inform each individual for whom the technician fits any form or
kind of contact lens that the wearer should return to the
prescribing physician or optometrist for a final evaluation of
the fit of the contact lens. Each wearer shall be provided with
a form in accordance with this subsection and shall also be
informed orally that the wearer should return to the prescribing
practitioner. The form shall be signed and dated by the contact
lens wearer, who shall receive a copy of the form. The form
shall include the following statement:
I have been advised that I should return to my physician
or optometrist for a final evaluation of the fit of my
contact lenses within three months of their delivery to
me.
(Signature) (Date)
The contact lens technician shall retain a copy of the form for
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two years.
(c) Prescriptions.--
(1) A physician or optometrist shall provide to the
patient, at no charge, a copy of the patient's prescription
immediately after a refraction.
(2) A physician or optometrist shall provide an
individual upon whom the physician or optometrist previously
performed a refraction with a copy of the prescription, at no
charge, upon the patient's request.
Section 13. Causes for denial, suspension or revocation of
license.
(a) General rule.--The board may deny, suspend, revoke,
limit or otherwise restrict a license for any of the following
causes:
(1) Obtaining a license by fraud or deceit.
(2) Use of the term "doctor," "physician" or "clinic,"
or any derivation thereof, as part of the firm name under
which the licensee fits and sells ophthalmic devices unless
authorized by law.
(3) Holding oneself out by or using the title "Doctor."
(4) Fraud or misrepresentation in the repair, fitting or
selling of ophthalmic devices, including advertising, by
publication, transmission or otherwise, which has the
tendency to mislead or is deceptive or fraudulent on its
face, by inference, or by effect.
(5) The employment, to perform any act covered by this
act, of an individual whose license is known by the employer
to be suspended or who does not possess a valid license
issued under this act.
(6) Violating or permitting, with notice or knowledge of
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its commission, the violation by any licensed employee of any
provision of this act or any rules or regulations promulgated
under this act.
(7) Being convicted of a felony or receiving probation
without verdict, disposition in lieu of trial or an
Accelerated Rehabilitative Disposition in the courts of this
Commonwealth, a Federal court or a court of any state,
territory, possession or country.
(8) Having a license or other authorization to practice
the profession revoked or suspended or having other
disciplinary action taken, or an application for a license or
other authorization refused, revoked or suspended by a proper
licensing authority of another state, territory, possession
or country, or a branch of the Federal Government.
(9) Being unable to practice the profession with
reasonable skill and safety to patients by reason of illness,
addiction to drugs or alcohol, having been convicted of a
felonious act prohibited by the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or convicted of a felony relating to
a controlled substance in a court of law of the United States
or any other state, territory, possession or country, or if
the individual is or shall become mentally incompetent. An
applicant's statement on the application declaring the
absence of a conviction shall be deemed satisfactory evidence
of the absence of a conviction unless the board has some
evidence to the contrary. In enforcing this paragraph, the
board shall, upon probable cause, have authority to compel a
practitioner to submit to a mental or physical examination by
a physician or a psychologist approved by the board. Failure
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of a practitioner to submit to such examination when directed
by the board, unless such failure is due to circumstances
beyond the practitioner's control, shall constitute an
admission of the allegations against the practitioner
consequent upon which a default and final order may be
entered without the taking of testimony or presentation of
evidence. A practitioner affected under this paragraph shall
at reasonable intervals be afforded an opportunity to
demonstrate that the practitioner can resume a competent
practice of his or her profession with reasonable skill and
safety to patients.
(10) Violating a lawful regulation promulgated by the
board or violating a lawful order of the board previously
entered by the board in a disciplinary proceeding.
(11) Being guilty of malpractice, immoral or
unprofessional conduct. Unprofessional conduct shall include
departure from or failing to conform to the standards of
acceptable and prevailing practice of opticianry or contact
lens fitting. In proceedings based on this paragraph, actual
injury to a patient need not be established.
(12) Acting in such manner as to present an immediate
and clear danger to public health or safety.
(13) Acting outside the scope of a license.
(14) Making a false or deceptive biennial registration
with the board.
(15) Intentionally submitting to any third-party payor a
claim for a service which was not actually provided to a
wearer.
(16) Being enjoined from violating any provision of the
act of December 17, 1968 (P.L.1224, No.387), known as the
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Unfair Trade Practices and Consumer Protection Law, or being
subject to a final order of the Federal Trade Commission, the
Pennsylvania Department of Health or the Food and Drug
Administration of the United States Department of Health and
Human Services concerning the sale or offering for sale of
unsafe, unhealthful or worthless ophthalmic devices or for
engaging in conduct which has the tendency to mislead or
deceive.
(b) Five-year revocation period.--Unless ordered to do so by
a court, the board shall not reinstate the license of an
individual to practice as an optician or contact lens technician
which has been revoked, and such individual shall be required to
apply for licensure after a five-year period in accordance with
the provisions of this act, including the examination
requirement, if the individual desires to practice at any time
after such revocation.
Section 14. Procedures in disciplinary actions.
(a) Procedure.--All disciplinary actions of the board shall
be taken subject to the right of notice, hearing and
adjudication and the right of appeal therefrom in accordance
with 2 Pa.C.S. (relating to administrative law and procedure).
(b) Temporary suspension.--A license issued under this act
may be temporarily suspended under circumstances as determined
by the board to be an immediate and clear danger to the public
health and safety. The board shall issue an order to that effect
without a hearing, but upon due notice, to the licensee
concerned at his last known address, which shall include a
written statement of all allegations against the licensee. The
provisions of subsection (a) shall not apply to temporary
suspension. The board shall thereupon commence formal action to
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suspend, revoke or restrict the license of the individual
concerned as otherwise provided for in this act. All actions
shall be taken promptly and without delay. Within 30 days
following the issuance of an order temporarily suspending a
license, the board shall conduct or cause to be conducted a
preliminary hearing to determine that there is a prima facie
case supporting the suspension. The licensee whose license has
been temporarily suspended may be present at the preliminary
hearing, may be represented by counsel and may cross-examine
witnesses, inspect physical evidence, call witnesses, offer
evidence and testimony and make a record of the proceedings. If
it is determined that there is not a prima facie case, the
suspended license shall be immediately restored. The temporary
suspension shall remain in effect until vacated by the board,
but in no event longer than 180 days.
(c) Automatic suspension.--A license issued under this act
shall automatically be suspended upon the legal commitment to an
institution of a licensee because of mental incompetency from
any cause upon filing with the board a certified copy of such
commitment, conviction of a felony under the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or conviction of an offense under the
laws of another jurisdiction, which, if committed in this
Commonwealth, would be a felony.
Section 15. Reporting of multiple licensure.
Any licensed optician or licensed contact lens technician of
this Commonwealth who is also licensed to practice opticianry or
contact lens fitting in any other state, territory, possession
or country shall report this information to the board on the
biennial registration application. Any disciplinary action taken
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in such other jurisdiction shall be reported to the board on the
biennial registration application or within 90 days of final
disposition, whichever is sooner. Multiple licensure shall be
noted by the board on the optician's or contact lens
technician's record and such state, territory, possession or
country shall be notified by the board of any disciplinary
actions taken against the optician or contact lens technician in
this Commonwealth.
Section 16. Display of license or certificate.
Every holder of a license or certificate granted by the board
under this act shall display the license or certificate in a
conspicuous place in the office where such individual practices
opticianry or the fitting of contact lenses or is serving as an
apprentice.
Section 17. Surrender of license.
The board shall require an individual whose license has been
suspended or revoked to return the license in such manner as the
board directs. An individual who fails to do so commits a
misdemeanor of the third degree.
Section 18. Unlawful acts.
An individual commits a misdemeanor of the third degree and
shall, upon conviction, be sentenced to pay a fine of not more
than $2,000 or to imprisonment for not more than six months, or
both, if the individual commits any act declared unlawful by any
other provision of this act, or if the individual:
(1) Makes misleading, deceptive, untrue or fraudulent
representations in the practice of opticianry or contact lens
fitting.
(2) Practices fraud or deceit in obtaining a license as
an optician or contact lens technician.
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(3) Displays gross incompetence, negligence or
misconduct in carrying on the practice of opticianry or
contact lens fitting.
(4) Makes a false or deceptive biennial registration
with the board.
(5) Violates a lawful regulation promulgated by the
board or a lawful order of the board previously entered in a
disciplinary proceeding.
(6) Knowingly aids, assists, procures or advises any
unlicensed individual to practice opticianry or contact lens
fitting contrary to this act or regulations of the board.
(7) Commits immoral or unprofessional conduct.
Unprofessional conduct shall include any departure from, or
failure to conform to, the standards of acceptable and
prevailing practice of opticianry or contact lens fitting.
(8) Engages in the practice of opticianry or the fitting
of contact lenses in this Commonwealth without having at the
time of so doing a valid, unrevoked and unexpired license or
temporary license.
Section 19. Repeals.
All acts and parts of acts are repealed insofar as they are
inconsistent with this act.
Section 20. Effective date.
This act shall take effect in 60 days.
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