STATEMENTS OF POLICY
Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF OPTOMETRY
[49 PA. CODE CH. 23]
Interpretation Relating to Sources of Continuing Education Hours—Statement of Policy
[53 Pa.B. 6711]
[Saturday, October 28, 2023]The State Board of Optometry (Board) adds § 23.301 (relating to interpretation relating to sources of continuing education hours—statement of policy) to read as set forth in Annex A. This statement of policy is intended to provide guidance to the regulated community regarding the meaning of the term ''individual study'' in § 23.86(g) (relating to sources of continuing education hours).
Effective Date
This statement of policy will be effective upon publication in the Pennsylvania Bulletin.
Statutory Authority
The amendments are authorized under the Optometric Practice and Licensure Act (act) (63 P.S. §§ 244.1—244.12). Under the authority of section 3(b)(12) of the act (63 P.S. § 244.3(b)(12)), the Board established regulations in §§ 23.81—23.89 (relating to continuing education) regarding acceptable continuing education. Section 102 of the Commonwealth Documents Law (45 P.S. § 1102) defines ''statement of policy'' as ''any document, except an adjudication or a regulation, promulgated by an agency which sets forth substantive or procedural personal or property rights, privileges, immunities, duties, liabilities or obligations of the public or any part thereof, and includes, without limiting the generality of the foregoing, any document interpreting or implementing any act of Assembly enforced or administered by such agency.'' Statements of policy that are general and permanent in nature are required to be codified in the Pennsylvania Code under 1 Pa. Code § 3.1 (relating to contents of Code).
As a requirement for optometry license renewal, under § 23.82 (relating to continuing education hour requirements; continuing education reporting; audit and enforcement), licensees must complete at least 30 hours of Board-approved continuing education in each biennial renewal period. This continuing education must be taken from a Board-approved optometry continuing education provider listed in § 23.86(a). Section 23.86(g) allows for up to 15 hours of the required 30 hours to be in individualized study programs. Taped study programs, online or webinar programs and journal courses are considered individual study programs. At a minimum, 50% of continuing education credits must be obtained from attendance at live, in person courses and programs. The Board has received inquiries regarding whether § 23.86(g) applies to ''live virtual'' courses and programs that are conducted through synchronous (real-time) audio and video communications where the instructor and participant can interact in real-time.
Today's current technology provides the ability to interact between the participant and the presenter and other attendees. When the regulations were originally written, live virtual courses and synchronous audio and video communications did not exist as the technology was not developed or available. When the Board recently amended the continuing education regulations at 51 Pa.B. 2633 (May 15, 2021), it recognized online courses but did not make the distinction between real-time (synchronous) education and online learning that does not include real-time interaction between the instructor and participants. The Board, therefore, clarifies in this statement of policy that live virtual courses and programs with real-time (synchronous) video and audio communication are considered by the Board as live, in person, continuing education.
Description of the Statement of Policy
This statement of policy clarifies that live virtual courses and programs that are conducted through synchronous (real-time) audio and video communications where the instructor and participant can interact in real-time is to be considered as ''in person'' for continuing education purposes. This means that live virtual courses and programs that are conducted through synchronous (real-time) audio and video are not considered ''individual study'' in § 23.86(g).
Fiscal Impact and Paperwork Requirements
This statement of policy will have no adverse fiscal impact on the Commonwealth or its political subdivisions and will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
Sunset Date
A sunset date is not being established for this statement of policy. Its need and efficacy will be periodically monitored by the Board.
Effective Date
This statement of policy will be effective upon publication in the Pennsylvania Bulletin.
Additional Information
Persons who require additional information about this statement of policy may submit inquiries to the Counsel, State Board of Optometry, P.O. Box 69523, Harrisburg, PA 17106-9523, (717) 783-7200 or RA-STRegulatoryCounsel@ pa.gov.
Order
The Board, acting under the authority statutes, orders that:
(a) Chapter 23 of 49 Pa. Code is amended by adding a statement of policy in § 23.301 to read as set forth in Annex A.
(b) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall take effect upon publication in the Pennsylvania Bulletin.
LUANNE CHUBB, OD,
ChairpersonFiscal Note: 16A-5220. No fiscal impact; 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
INTERPRETATIONS § 23.301. Interpretation relating to sources of continuing education hours—statement of policy.
(a) Purpose. This statement of policy is intended to clarify to the regulated community the Board's current interpretation of ''individual study'' contained in § 23.86 (relating to sources of continuing education hours).
(b) Background. As a requirement for optometry license renewal, under § 23.82 (relating to continuing education hour requirements; continuing education reporting; audit and enforcement), licensees must complete at least 30 hours of Board approved continuing education in each biennial renewal period. This continuing education must
be taken from a Board-approved optometry continuing education provider listed in § 23.86(a). Section 23.86(g) allows for up to 15 hours of the required 30 hours to be individualized study programs. Taped study programs, online or webinar programs and journal courses are considered individual study programs. At a minimum, 50% of continuing education credits must be obtained from attendance at live, in person courses and programs. The Board has received inquiries regarding whether § 23.86(g) applies to ''live virtual'' courses and programs that are conducted through synchronous (real-time) audio and video communications where the instructor and participant can interact in real-time.(c) Interpretation. For purposes of § 23.86(g), the Board interprets § 23.86(g) to exclude live virtual courses and programs that are conducted through synchronous (real-time) audio and video communications where the instructor and participant can interact in real-time. Stated differently, the Board considers live virtual courses and programs with real-time (synchronous) video and audio communication as live, in person, continuing education.
[Pa.B. Doc. No. 23-1468. Filed for public inspection October 27, 2023, 9:00 a.m.]
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