PROPOSED RULEMAKING
STATE BOARD OF OPTOMETRY
[49 PA. CODE CH. 23]
Continuing Education, Fees, Certification to Treat Glaucoma
[33 Pa.B. 4464] The State Board of Optometry (Board) proposes to amend §§ 23.82, 23.86 and 23.91 (relating to continuing education hour requirements; sources of continuing education hours; and fees) and to add § 23.205 (relating to application procedure) to read as set forth in Annex A.
Effective Date
This proposed rulemaking will be effective upon publication of final-form rulemaking in the Pennsylvania Bulletin and would apply to continuing education credits earned during the 2002--2004 biennial renewal period.
Statutory Authority
Section 3(b)(12) of the Optometric Practice and Licensure Act (act) (63 P. S. § 244.3(b)(12)) authorizes the Board to approve continuing education. Section 3(b)(14) of the act authorizes the Board to ''promulgate all rules and regulations necessary to carry out the purposes of this act.'' Section 4.2 of the act (63 P. S. § 244.4b) authorizes the Board to certify licensees to treat glaucoma.
Background and Need for the Proposed Rulemaking
The General Assembly amended the act to provide for therapeutically certified optometrists to be certified to treat certain types of glaucoma. As the State agency charged with approving the qualifications of optometrists, the Board proposes to adopt an application procedure for the certification to treat glaucoma. The proposed rulemaking would conform the Board's continuing education requirements to the continuing education requirements in section 4.2 of of the act. In addition, the proposed rulemaking would add the American Academy of Ophthalmology and its state affiliates to the list of pre-approved providers of optometric continuing education and would provide for an application procedure and fee related to certification to treat certain types of glaucoma.
Description of Proposed Rulemaking
The act authorizes the Board to certify therapeutically-certified optometrists to treat certain types of glaucoma. Optometrists who obtained therapeutic certification under section 4.1(a)(2) of the act (63 P. S. § 244.4a(a)(2)) shall also complete 18 hours of continuing education in glaucoma to obtain certification to treat glaucoma. Proposed § 23.205 mirrors these statutory requirements.
The act also provided that, to continue to treat glaucoma, optometrists certified to treat glaucoma must obtain 4 hours in the study of the prescription and administration of pharmaceutical agents for the treatment of glaucoma biennially. Proposed § 23.82 mirrors this requirement. In addition, because continuing education in glaucoma is a subset of continuing education in therapeutics, the Board's proposed rulemaking clarifies that the 4 hours taken in the treatment of glaucoma may be applied toward the 6 hours required to maintain therapeutic certification. Finally, because 18 hours of continuing education are required of applicants who were therapeutically certified under section 4.1(a)(2) of the act, the Board's proposed rulemaking clarifies that those 18 hours shall apply to the 30-hour continuing education require-ment for the biennial period in which the hours are completed, including the 6-hour requirement in therapeutics and the 4-hour requirement in glaucoma.
Proposed § 23.86 adds the American Academy of Ophthalmology and its state affiliates to the list of preapproved providers of optometric continuing education because these organizations consistently offer high-quality continuing education courses relevant to the practice of optometry.
Proposed § 23.91 provides for the fee for administrative processing of the application for certification to treat glaucoma. The fee is based on actual staff time to process the application and provide for printing and mailing a license indicating the optometrist is certified to treat glaucoma.
Because the proposed rulemaking effectuates amendments to the act, the Board did not send the text of the proposed rulemaking to interested parties for the predraft comment. The proposed rulemaking was developed at an open meeting of the Board on December 17, 2002, and comments were received from the Executive Director of the Pennsylvania Optometric Association.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking should have only minimal fiscal impact on licensees, who will be required to pay an application fee and may be required to complete 18 hours of continuing education on glaucoma to obtain certification to treat glaucoma. There is no fiscal impact on the Board, the private sector, the general public or any political subdivisions. The proposed rulemaking will create only minimal additional paperwork for the Board in processing applications to treat glaucoma and will not create additional paperwork for the private sector.
Sunset Date
The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 26, 2003, the Board submitted a copy of these proposed rulemaking to the Independent Regulatory Review Commission (IRRC), the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. In addition to submitting the proposed rulemaking, the Board has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Board. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has comments, recommendations or objections regarding any portion of the proposed rulemaking, it will notify the Board approximately 30 days from the close of the public comment period. The notification will specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies detailed procedures for review of comments, recommendations and objections by the Board, the General Assembly and the Governor prior to publication of the regulations.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Deborah Smith, Board Administrator, State Board of Optometry, P. O. Box 2649, Harrisburg, PA, 17105, within 30 days following publica-tion of this proposed rulemaking in the Pennsylvania Bulletin.
STEVEN J. RETO, O.D.,
Chairperson(Editor's Note: A proposal to amend § 23.82 remains outstanding at 33 Pa.B. 1118 (March 1, 2003).)
Fiscal Note: 16A-5211. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND
VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND
OCCUPATIONAL AFFAIRS
CHAPTER 23. STATE BOARD OF OPTOMETRY
CONTINUING EDUCATION § 23.82. Continuing education hour requirements.
(a) An applicant for biennial license renewal or reactivation of license is required to complete, during the 2 years preceding renewal or reactivation, a minimum of 30 hours of continuing education. For licensees certified in accordance with section 4.1 of the act (63 P. S. § 244.4a) [and §§ 23.201 and 23.202 (relating to qualifications for certification; and application procedure)], regarding certification to prescribe and administer pharmaceutical agents for therapeutic purposes, at least 6 of the required 30 hours shall concern the prescription and administration of pharmaceutical agents for therapeutic purposes. For licensees certified in accordance with section 4.2 of the act (63 P. S. § 244.4b), regarding additional requirements to prescribe and administer pharmaceutical agents for the treatment of certain types of glaucoma, at least 4 of the 30 hours shall concern the prescription and administration of pharmaceutical agents for the treatment of glaucoma. The 4 hours taken in the treatment of glaucoma may be applied toward the 6 hours required to maintain therapeutic certification; however, all licensees shall complete at least 30 total hours. Completion of a Board-approved course described in [§ 23.201(b)(1) (Reserved)] section 4.1(a)(2) of the act or continuing education described in section 4.2 of the act shall satisfy the continuing education requirement for the biennial renewal period in which it is completed including the 6-hour requirement in therapeutics and the 4-hour requirement in glaucoma.
* * * * * § 23.86. Sources of continuing education hours.
(a) In addition to another provider which wishes to secure approval from the Board, the Board finds that the following providers have currently met the standards for provider approval for all acceptable courses of continuingeducation; accordingly, the following providers have program approval in all allowable areas for continuing education: the American Optometric Association, The Pennsylvania Optometric Association, all Board-accredited schools and colleges of optometry, the Optometric Extension Program, [and] The American Academy of Optometry and its state affiliates and the American Academy of Ophthalmology and its state affiliates. The approval given to these providers is subject to reevaluation[; however a]. A recision of provider or program approval will be made only in accordance with 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).
* * * * *
FEES § 23.91. Fees.
The following is the schedule of fees for services charged by the Board:
* * * * *
Application for certification to treat
glaucoma$25
CERTIFICATION TO TREAT GLAUCOMA § 23.205. Application procedure.
An applicant for certification to treat glaucoma under section 4.2 of the act (63 P. S. § 244.4b) shall submit to the Board a completed application obtained from the Board together with the certification fee required by § 23.91 (relating to fees), and one of the following.
(1) A signed verification attesting that the licensee obtained therapeutic certification by passing the licensure examination to practice optometry. The examination shall include the prescription and administration of pharmaceutical agents for therapeutic purposes (the examination required for therapeutic certification under section 4.1(a)(1) of the act (63 P. S. § 244.4a(a)(1)). The verification shall state the month and year the licensee passed this examination.
(2) A signed verification attesting that the licensee obtained therapeutic certification by passing an examination on the prescription and administration of pharmaceutical agents for therapeutic purposes (the examination required for therapeutic certification under section 4.1(a)(2) of the act and certificates of attendance from Board-approved continuing education courses demonstrating at least 18 hours in glaucoma, completed since December 19, 2002.
[Pa.B. Doc. No. 03-1746. Filed for public inspection September 5, 2003, 9:00 a.m.]
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