RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF OPTOMETRY
[49 PA. CODE CH. 23]
Continuing Education
[34 Pa.B. 1453] The State Board of Optometry (Board) amends §§ 23.82--23.84 and 23.87 to read as set forth in Annex A.
Notice of proposed rulemaking was published at 33 Pa.B. 1118 (March 1, 2003). Publication was followed by a 30-day public comment period during which the Board received one public comment. On April 30, 2003, the Independent Regulatory Review Commission (IRRC) submitted comments. No comments were submitted by the Senate Consumer Protection and Professional Licensure Committee or the House Professional Licensure Committee.
Statutory Authority
The final-form rulemaking is authorized under section 3(b)(12) of the Optometric Practice and Licensure Act (act) (63 P. S. § 244.3(b)(12)). 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.''
Summary of Comments and Responses to Proposed Rulemaking
IRRC Comments
IRRC suggested that § 23.83(b) (relating to continuing education subject matter) be revised. IRRC noted that the first sentence of subsection (b) relates to the title of § 23.83 and is appropriately placed, but that the remainder of subsection (b) relates to course approval, course numbers and reevaluation. IRRC suggested that these provisions would be more appropriately placed in § 23.84 (relating to provider and program registration) or § 23.87 (relating to reporting of continuing education credit hours).
Upon review of IRRC's comments and concerns, the Board has determined that § 23.83(b) should be revised. The Board finds that subsection (b) should be moved to § 23.84(i) and has made this change in the final-form rulemaking. The Board has also amended proposed § 23.83(b), now in § 23.84(i), to simplify the requirements and to include continuing education courses in glaucoma. This amendment is necessary to conform the Board's regulations to the act, as amended by the act of December 16, 2002 (P. L. 1950, No. 225). The amendments to the act authorized properly certified optometrists to treat certain types of glaucoma and mandated continuing education in glaucoma for those optometrists. The Board also made changes to § 23.87(3) to reflect the addition of continuing education courses on glaucoma and to require licensees to ensure the credits are properly identified as therapeutic or glaucoma. The Board added language regarding the subject matter of continuing education courses in the area of glaucoma, and indicated that approved subject matter would include courses on the treatment and management of primary open angle glaucoma, exfoliation glaucoma and pigmentary glaucoma. These are the three types of glaucoma optometrists are authorized to treat under section 2 of the act (63 P. S. § 244.2) in the definition of the practice of optometry.
Finally, the Board amended § 23.87(6) to require the licensee to place his name on the certificate of attendance rather than the course location. This amendment was intended to be made in proposed rulemaking but was inadvertently omitted. The Board believes that the location of a course is immaterial. Requiring a licensee to place his name on the certificate of attendance ensures that the Board can verify a licensee's attendance at continuing education.
Public Comments
The Board received one comment on the proposed rulemaking from the Pennsylvania Optometric Association (POA). In its comment, the POA noted its full support for the proposed rulemaking. The POA assents to the requirement of a minimum of 30 hours of continuing education, of which 6 hours must concern the prescription and administration of pharmaceutical agents for therapeutic purposes, for biennial license renewal or reactivation.
Fiscal Impact and Paperwork Requirements
The final-form rulemaking will have no fiscal impact on licensees, the Board, the private sector, the general public or on the Commonwealth or its political subdivisions. The final-form rulemaking will create no additional paperwork for the Board or the private sector.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 12, 2003, the Board submitted a copy of the notice of proposed rulemaking, published at 33 Pa.B. 1118, to IRRC and the Chairpersons of the House Committee on Professional Licensure and the Senate Committee on Consumer Protection and Professional Licensure for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on January 27, 2004, the final-form rulemaking was approved by the House Professional Licensure Committee. The final-form rulemaking was deemed approved by the Senate Consumer Protection and Professional Licensure Committee on February 11, 2004. Under section 5.1(e) of the Regulatory Review Act, IRRC met on February 12, 2004, and approved the final-form rulemaking.
Additional Information
Individuals who need information about the final-form rulemaking should contact Teresa Lazo-Miller, Counsel, State Board of Optometry, P. O. Box 2649, Harrisburg, PA 17105-2649.
Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The final-form rulemaking is necessary and appropriate for the administration of the act.
(4) The amendments to this final rulemaking do not enlarge the original purpose of the proposed rulemaking published at 33 Pa.B. 1118.
Order
The Board therefore orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 23, are amended by amending §§ 23.82--23.84 and 23.87 to read as set forth in Annex A.
(Editor's Note: The amendment to § 23.84 was not included in the proposal published at 33 Pa.B. 1118.)
(b) The Board shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order and final-form regulations take effect upon publication in the Pennsylvania Bulletin.
STEVEN J. RETO, O.D.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 34 Pa.B. 1297 (February 28, 2004).)
Fiscal Note: Fiscal Note 16A-529 remains valid for the final adoption of the subject regulations.
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), at least 6 of the required 30 hours shall concern the prescription and administration of pharmaceutical agents for therapeutic purposes. Completion of a Board-approved course described in section 4.1(a)(2) of the act shall satisfy the continuing education requirement for the biennial renewal period in which it is completed.
(b) Persons failing to meet the continuing education requirements for any biennial renewal period will be disciplined in accordance with section 7(e) of the act (63 P. S. § 244.7(e)).
(c) The Board may waive the requirements of continuing education in cases of certified illness or undue hardship. It is the duty of each licensee seeking waiver to notify the Board in writing and request the waiver prior to the end of the biennial renewal period for which the waiver is sought. The waiver will be granted, denied or granted in part.
§ 23.83. Continuing education subject matter.
(a) Acceptable courses of study are limited to those pertaining to the use of means or methods for examination, diagnosis and treatment of conditions of the human visual system and may include examination for and adapting and fitting of all types of lenses. The Board will not accept courses of study which do not relate to the actual practice of optometry such as studies in office management and financial procedures.
(b) Courses that will meet the requirements for certification in the prescription and administration of pharmaceutical agents for therapeutic purposes in accordance with section 4.1 of the act (63 P. S. § 244.4a) shall concern the treatment and management of ocular or oculo-systemic disease.
(c) Courses that will meet the requirements for certification to treat glaucoma in accordance with section 4.2 of the act (63 P. S. § 244.4b) shall concern the treatment and management of primary open angle glaucoma, exfoliation glaucoma and pigmentary glaucoma.
§ 23.84. Provider and program registration.
(a) An agency, organization, institution, association or center seeking to offer an organized program for continuing education may apply to the Board as a provider.
(b) Providers seeking Board approval of continuing education programs shall complete and submit an application as a provider of continuing education.
(c) An application for program approval shall include, but not be limited to, the following information:
(1) Full name and address of the eligible provider.
(2) Title of the program.
(3) Dates and location of the program.
(4) Faculty names, titles, affiliations, degrees.
(5) Schedule of program--title of subject, lecturer, time allocated and the like.
(6) Total number of credit hours requested.
(7) Method of certifying and assuring attendance.
(8) Provider number where applicable.
(9) Provider category.
(10) Objectives.
(11) Admission requirements.
(12) Core subjects.
(13) Program coordinator.
(14) Instruction and evaluation methods.
(d) Statements made in the application shall be sworn to be true and correct to the best of the provider's information, knowledge and belief.
(e) Upon approval of a qualified provider, a provider number will be assigned; and upon approval of any program, a program number will be assigned except for those providers listed in § 23.81(a) (relating to coverage).
(f) Programs will be approved only in demonstrated areas of expertise. A change in the area of expertise shall be recorded and communicated to the Board within 60 days of that change. The Board will accept a designation that the particular provider is qualified to provide continuing education in all subject matter as set forth in § 23.83 (relating to continuing education subject matter) so long as expertise can be shown.
(g) Disapproval of program will include a statement setting forth reasons. Applicants may submit new applications within 10 days after receipt of disapproval. New applications shall document alterations in program to meet Board requirements. Notification will occur as soon as possible within the Board's capability on action taken on new applications.
(h) Each approved provider shall request reregistration each biennium, and each application for reregistration shall be accompanied by a statement outlining any major changes in the information previously submitted.
(i) Programs approved to grant continuing education hours in therapeutics or glaucoma shall indicate the number of credits approved in each area on the certificate of attendance. Preapproved providers shall also indicate on the certificate of attendance how many credits will apply toward the requirement for renewal of therapeutic or glaucoma certification.
§ 23.87. Reporting of continuing education credit hours.
Applicants for a license or license renewal shall provide, at a time prescribed and on forms approved by the Board, a signed statement certifying that they have met the continuing education requirements set forth in section 5(b) of the act (63 P. S. § 244.5(b)) by providing information which shall include the following:
(1) Dates attended.
(2) Continuing education hours claimed.
(3) Title of course, including the course number assigned by the Board, if applicable, and description of content. For those courses which are approved to meet the requirements for therapeutic or glaucoma certification, the licensee claiming credit shall ensure that the certificate of attendance includes the course number and number of hours that apply toward the requirement for therapeutic or glaucoma certification.
(4) School, clinical hospital, medical center, optometric center or organization sponsoring course, clinical conference, clinical rounds or preceptor training.
(5) Instructor.
(6) Name of licensee.
[Pa.B. Doc. No. 04-422. Filed for public inspection March 12, 2004, 9:00 a.m.]
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