CHAPTER 23. STATE BOARD OF OPTOMETRY
GENERAL PROVISIONS Sec.
23.1. Definitions.
23.2. Applicability of general rules.
23.3. Means and methods for the examination, diagnosis and treatment of conditions of the visual system.
LICENSE BY EXAMINATION
23.11. Qualifications for license by examination.
23.12. Application procedure.
23.13. [Reserved].
23.14. Graduates of unaccredited schools.
23.15. Examination.
LICENSE BY RECIPROCITY AND INTERSTATE
CERTIFICATION
23.21. Reciprocal application.
23.22. Prior testing; experience; reciprocal agreements.
23.23. Financial statements.
23.24. Clinical examination.
23.25. Certification to another state.
VOLUNTEER LICENSE
23.26. Volunteer license.
LICENSE BY ENDORSEMENT UNDER
63 PA.C.S. § 3111
23.27. Definitions.
23.27a. License by endorsement under 63 Pa.C.S. § 3111.
23.27b. Provisional endorsement license.
BUSINESS PRACTICES
23.31. Advertising.
23.32. Display of license.
23.33. Practice.
23.34. Professional corporations.
23.35. Fictitious names.
23.36. Consultant, advisor, staff or employe optometry.
OFFICE OF OPTOMETRIST
23.41. [Reserved].
23.42. Equipment.
23.43. Offices.
23.44. Additional practice locations.
OPTOMETRY SCHOOLS
23.51. Approval.
UNLAWFUL PRACTICES
23.61. General.
23.62. Unlawful practices for optometrists.
23.63. Fee sharing.
23.64. Professional conduct.
23.65. Self-reporting of misconduct required.
PROFESSIONAL PRACTICE
23.71. Patient records.
23.72. Prescriptions.
CONTINUING EDUCATION
23.81. Coverage.
23.82. Continuing education hour requirements; continuing education reporting; audit and enforcement.
23.83. Continuing education subject matter.
23.84. Provider and program registration.
23.85. Standards for providers.
23.86. Sources of continuing education hours.
23.87. Reporting of continuing education credit hours.
23.88. Retention of continuing education records.
23.89. Falsification of information.
FEES
23.91. Fees.
DISCLOSURE
23.101. Disclosure of financial or ownership interest—statement of policy.
CHILD ABUSE REPORTING REQUIREMENTS
23.111. Suspected child abuse—mandated reporting requirements.
23.112. Photographs, medical tests and X-rays of child subject to report.
23.113. Suspected death as a result of child abuse—mandated reporting requirement.
23.114. Immunity from liability.
23.115. Confidentiality—waived.
23.116. Noncompliance.
23.117. Child abuse recognition and reporting—mandatory training requirement.
23.118. Child abuse recognition and reporting course approval process.
CERTIFICATION IN PHARMACEUTICAL AGENTS FOR THERAPEUTIC PURPOSES
23.201. [Reserved].
23.202. Application procedure.
CERTIFICATION TO TREAT GLAUCOMA
23.205. Application procedure.
INTERPRETATIONS
23.301. Interpretation relating to sources of continuing education hours—statement of policy.Authority The provisions of this Chapter 23 issued under the act of March 30, 1917 (P.L. 21, No. 10) (63 P.S. § § 231—242), unless otherwise noted.
Source The provisions of this Chapter 23 adopted September 16, 1965, unless otherwise noted.
Cross References This chapter cited in 49 Pa. Code § 25.214 (relating to corporate practice and fictitious names); 49 Pa. Code § 29.27 (relating to permitted business practices); 49 Pa. Code § 41.26 (relating to professional corporations); and 49 Pa. Code § 47.21 (relating to professional corporations).
GENERAL PROVISIONS
§ 23.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Optometric Practice and Licensure Act (63 P.S. § § 244.1—244.12).
Board—The State Board of Optometry of the Commonwealth.
Bodily injury—Impairment of physical condition or substantial pain.
Bureau—The Bureau of Professional and Occupational Affairs within the Department of State of the Commonwealth.
Child—An individual under 18 years of age.
Child abuse—Intentionally, knowingly or recklessly doing any of the following:(i) Causing bodily injury to a child through any recent act or failure to act.
(ii) Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act.
(iii) Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of these acts or failures to act.
(iv) Causing sexual abuse or exploitation of a child through any act or failure to act.
(v) Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act.
(vi) Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.
(vii) Causing serious physical neglect of a child.
(viii) Engaging in any of the following recent acts:
(A) Kicking, biting, throwing, burning, stabbing or cutting a child in a manner that endangers the child.
(B) Unreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinement.
(C) Forcefully shaking a child under 1 year of age.
(D) Forcefully slapping or otherwise striking a child under 1 year of age.
(E) Interfering with the breathing of a child.
(F) Causing a child to be present at a location while a violation of 18 Pa.C.S. § 7508.2 (relating to operation of methamphetamine laboratory) is occurring, provided that the violation is being investigated by law enforcement.
(G) Leaving a child unsupervised with an individual, other than the child’s parent, who the actor knows or reasonably should have known:
(I) Is required to register as a Tier II or Tier III sexual offender under 42 Pa.C.S. Chapter 97, Subchapter H (relating to registration of sexual offenders), when the victim of the sexual offense was under 18 years of age when the crime was committed.
(II) Has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.24 (relating to assessments) or any of its predecessors.
(III) Has been determined to be a sexually violent delinquent child as defined in 42 Pa.C.S. § 9799.12 (relating to definitions).
(IV) Has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.58 (relating to assessments) or has to register for life under 42 Pa.C.S. § 9799.55(b) (relating to registration).
(ix) Causing the death of the child through any act or failure to act.
(x) Engaging a child in a severe form of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000 (Division A of Pub.L. No. 106-386).
ChildLine—An organizational unit of the Department of Human Services, which operates a 24-hour a day Statewide toll-free telephone system for receiving reports of suspected child abuse, referring reports for investigation and maintaining the reports in the appropriate file.
Clinical skills assessment examination—A clinical skills competency examination developed, prepared, administered and scored by the NBEO, which the Board adopts as the State clinical examination for licensure.
Contact lens—A medical device or any other item or device of any material, tissue or power, including plano or zero-powered, that is required to be dispensed by prescription, and is placed directly on the cornea or the cornea and sclera to do any of the following:(i) Correct vision conditions.
(ii) Act as a diagnostic or therapeutic device.
(iii) Provide a cosmetic or decorative effect.
Continuing education hour—Fifty minutes of continuing education.
Continuing education program—A group, self-study, correspondence or other program approved by the Board for which continuing education hours are given.
Inactive status—The status of not having one’s license currently registered.
Mandated reporter—A person who is required under 23 Pa.C.S. § 6311 (relating to persons required to report suspected child abuse) to make a report of suspected child abuse. For the purposes of this chapter, the term includes all licensed optometrists.
NBEO—The National Board of Examiners in Optometry.
National Board Examination—A written academic examination developed, prepared, administered and scored by the NBEO, which the Board adopts as the National uniform written examination for licensure.
Parent—A biological parent, adoptive parent or legal guardian.
Perpetrator—A person who has committed child abuse as defined in this section. The following apply:(i) This term includes only the following:
(A) A parent of the child.
(B) A spouse or former spouse of the child’s parent.
(C) A paramour or former paramour of the child’s parent.
(D) An individual 14 years of age or older who is a person responsible for the child’s welfare or who has direct contact with children as an employee of child-care services, a school or through a program, activity or service.
(E) An individual 14 years of age or older who resides in the same home as the child.
(F) An individual 18 years of age or older who does not reside in the same home as the child but is related within the third degree of consanguinity or affinity by birth or adoption to the child.
(G) An individual 18 years of age or older who engages a child in severe forms of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000.
(ii) Only the following may be considered a perpetrator for failing to act, as provided in this section:
(A) A parent of the child.
(B) A spouse or former spouse of the child’s parent.
(C) A paramour or former paramour of the child’s parent.
(D) A person responsible for the child’s welfare who is 18 years of age or older.
(E) A person 18 years of age or older who resides in the same home as the child.
Person responsible for the child’s welfare—A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control.
Program, activity or service—Any of the following in which children participate and which is sponsored by a school or a public or private organization:(i) A youth camp or program.
(ii) A recreational camp or program.
(iii) A sports or athletic program.
(iv) A community or social outreach program.
(v) An enrichment or educational program.
(vi) A troop, club or similar organization.
Recent act or failure to act—An act or failure to act committed within 2 years of the date of the report to the Department of Human Services or county agency.
Retired practitioner—One who is no longer engaged in the practice of optometry as defined in section 2 of the act (63 P.S. § 244.2; see definition of ‘‘practice of optometry’’).
Serious mental injury—A psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that does one or more of the following:(i) Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child’s life or safety is threatened.
(ii) Seriously interferes with a child’s ability to accomplish age-appropriate developmental and social tasks.
Serious physical neglect—Any of the following when committed by a perpetrator that endangers a child’s life or health, threatens a child’s well-being, causes bodily injury or impairs a child’s health, development or functioning:(i) A repeated, prolonged or egregious failure to supervise a child in a manner that is appropriate considering the child’s developmental age and abilities.
(ii) The failure to provide a child with adequate essentials of life, including food, shelter or medical care.
Sexual abuse or exploitation—Any of the following:(i) The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes the following:
(A) Looking at sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual.
(B) Participating in sexually explicit conversation either in person, by telephone, by computer or by a computer-aided device for the purpose of sexual stimulation or gratification of any individual.
(C) Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual.
(D) Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming.
(ii) Any of the following offenses committed against a child:
(A) Rape as defined in 18 Pa.C.S. § 3121 (relating to rape).
(B) Statutory sexual assault as defined in 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault).
(C) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
(D) Sexual assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual assault).
(E) Institutional sexual assault as defined in 18 Pa.C.S. § 3124.2 (relating to institutional sexual assault).
(F) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
(G) Indecent assault as defined in 18 Pa.C.S. § 3126 (relating to indecent assault).
(H) Indecent exposure as defined in 18 Pa.C.S. § 3127 (relating to indecent exposure).
(I) Incest as defined in 18 Pa.C.S. § 4302 (relating to incest).
(J) Prostitution as defined in 18 Pa.C.S. § 5902 (relating to prostitution and related offenses).
(K) Sexual abuse as defined in 18 Pa.C.S. § 6312 (relating to sexual abuse of children).
(L) Unlawful contact with a minor as defined in 18 Pa.C.S. § 6318 (relating to unlawful contact with minor).
(M) Sexual exploitation as defined in 18 Pa.C.S. § 6320 (relating to sexual exploitation of children).
(iii) For the purposes of subparagraph (i), the term does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within 4 years of the child’s age.
TMOD—Treatment and Management of Ocular Disease Examination—An examination developed, prepared, administered and scored by NBEO, which the Board adopts as the examination for certification in pharmaceutical agents for therapeutic purposes.
Vision therapy—A term meaning any of the following:(i) Design of treatment plans for problems of eye teaming, focusing, tracking, sensory adaptation and visual information processing.
(ii) Prescription of devices and procedures that modify the oculomotor and sensory aspects of the visual process.
(iii) Orthoptics.
Visual rehabilitation—A term meaning any of the following:(i) Diagnosis of a visual impairment.
(ii) Prescription of lenses, prisms, filters, occluders mirrors, and optical and electrooptical magnification and minification.
(iii) Design of treatment plans to compensate for central and peripheral visual field defects.
Vision screening—The limited process of surveying an individual for problem areas such as visual acuity, eye muscle coordination and refractive error.
Authority The provisions of this § 23.1 added and amended under the Optometric Practice and Licensure Act (63 P.S. § § 244.1—244.12); section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 23.1 adopted September 16, 1965; amended April 16, 1982, effective April 17, 1982, 12 Pa.B. 1231; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3497; amended May 31, 1991, effective June 1, 1991, 26 Pa.B. 2552; amended November 8, 1996, effective November 9, 1996, 26 Pa.B. 5395; amended June 5, 1998, effective June 6, 1998, 28 Pa.B. 2586; amended June 3, 2005, 35 Pa.B. 3220; amended May 14, 2021, effective May 15, 2021, 51 Pa.B. 2633; amended January 26, 2024, effective January 27, 2024, 54 Pa.B. 368. Immediately preceding text appears at serial pages (415871) to (415872) and (415591) to (415592).
Cross References This section cited in 49 Pa. Code § 23.115 (relating to confidentiality—waived).
§ 23.2. Applicability of general rules.
(a) Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure), is applicable to practice and procedure before the Board, except if provided otherwise in the act or in this chapter.
(b) Board meetings will be conducted according to Robert’s Rules of Order.
(c) If a conflict arises between 1 Pa. Code Part II and Robert’s Rules of Order, 1 Pa. Code Part II applies.
Authority The provisions of this § 23.2 amended under section 3 of the Optometric Practice and Licensure Act (63 P.S. § 244.3).
Source The provisions of this § 23.2 adopted February 13, 1976, effective February 14, 1976, 6 Pa.B. 325; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3497. Immediately preceding text appears at serial page (130199).
§ 23.3. Means and methods for the examination, diagnosis and treatment of conditions of the visual system.
The means and methods for the examination, diagnosis and treatment of conditions of the visual system that may be employed by licensed optometrists include:
(1) The use of any computerized or automatic refracting device.
(2) Visual field testing such as manual or automatic perimetry.
(3) Ophthalmoscopy and gonioscopy.
(4) Anterior and posterior segment photography.
(5) Testing for glaucoma.
(6) Electrodiagnostic testing.
(7) The use of diagnostic lasers for diagnostic purposes consistent with section 2 of the act (63 P.S. § 244.2), which excludes the use of therapeutic lasers and laser surgery.
(8) The employment of vision therapy.
(9) Visual rehabilitation.
(10) Diagnosis and treatment of the lacrimal system through the use of therapeutic agents, punctal plugs, dilation of the punctum and irrigation of the lacrimal system.
(11) Epilation of lashes.
(12) Ultrasound examination of the eye and orbit. An optometrist may perform intraocular lens calculations upon the written order of an ophthalmologist. The ophthalmologist shall make final selection of lens implant power.
(13) Ordering laboratory work.
(14) At the request of an ophthalmologist, interpreting and reporting of angiographic studies of ocular vasculature and blood flow.
Authority The provisions of this § 23.3 issued under section 3(a)(2.1), (3) and (b)(9) and (14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(a)(2.1), (3) and (b)(9) and (14)).
Source The provisions of this § 23.3 adopted June 3, 2005, effective June 4, 2005, 35 Pa.B. 3220.
Cross References This section cited in 49 Pa. Code § 23.64 (relating to professional conduct).
LICENSE BY EXAMINATION
§ 23.11. Qualifications for license by examination.
To obtain a license by examination, a candidate shall meet the following requirements:
(1) A Doctor of Optometry degree from an accredited optometric educational institution in the United States or Canada. A graduate of an unaccredited school of optometry shall also meet the requirements of § 23.14 (relating to graduates of unaccredited schools).
(2) Passing scores on Parts I, II Stage a and II Stage b of the National Board Examination, which the Board adopts as the written examination for licensure.
(3) Satisfaction of the general qualifications of section 4 of the act (63 P.S. § 244.4) and of this chapter.
(4) Passing scores of the Clinical Skills Assessment Examination. A candidate for license by examination will not be eligible to sit for the Clinical Skills Assessment Examination unless the candidate has met the requirements of paragraphs (1)—(3).
(5) Completion of at least 3 hours of approved training in child abuse recognition and reporting in accordance with § 23.117(a) (relating to child abuse recognition and reporting—mandatory training requirement).
Authority The provisions of this § 23.11 amended under section 3 of the Optometric Practice and Licensure Act (63 P.S. § 244.3); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 23.11 adopted September 16, 1965; amended June 22, 1990, effective upon publication and retroactively applicable to July 14, 1989, 20 Pa.B. 3497; amended January 26, 2024, effective January 27, 2024, 54 Pa.B. 368. Immediately preceding text appears at serial page (415593).
Cross References This section cited in 49 Pa. Code § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111).
§ 23.12. Application procedure.
(a) National Board Examination.
(1) The applicant shall apply directly to the NBEO for admission to the National Board Examination and pay the required fees at the direction of the NBEO.
(2) The applicant is responsible for directing that the NBEO send examination results and other information requested to the Board.
(3) Passing scores on the National Board Examination shall be as established by the NBEO for each administration of the National Board Examination.
(b) Clinical Skills Assessment Examination.
(1) The applicant shall complete an application approved by and obtained from the Board detailing the applicant’s education and experience, and certifying that the applicant has met the requirements for licensure under the act and under this chapter, and return the application to the Board with the license application fee required by § 23.91 (relating to fees) at least 60 days prior to the date of the Clinical Skills Assessment Examination.
(2) The applicant shall apply directly to the NBEO for admission to the Clinical Skills Assessment Examination and pay the required fees at the direction of the NBEO.
(3) The applicant is responsible for directing that the NBEO send examination results and other information requested to the Board.
(4) Passing scores on the Clinical Skills Assessment Examination shall be established by the NBEO for each administration of the Clinical Skills Assessment Examination.
Authority The provisions of this § 23.12 amended under sections 3(a)(2) and (14) and (b)(14) and 6(c)(2)(ii) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(a)(2) and (14) and (b)(14) and 244.6(c)(2)(ii)); and section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a)).
Source The provisions of this § 23.12 adopted September 16, 1965; amended June 22, 1990, effective upon publication and retroactively applicable to July 14, 1989, 20 Pa.B. 3497; amended May 31, 1991, effective June 1, 1991, 21 Pa.B. 2552. Immediately preceding text appears at serial pages (148338) to (148340).
Cross References This section cited in 49 Pa. Code § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111).
§ 23.13. [Reserved].
Source The provisions of this § 23.13 adopted September 16, 1965; reserved June 22, 1990, effective June 23, 1990, 20 Pa.B. 3497. Immediately preceding text appears at serial page (130200).
§ 23.14. Graduates of unaccredited schools.
To qualify for admission to the Clinical Skills Assessment Examination, graduates of unaccredited schools of optometry shall do the following:
(1) Submit their credentials to an accredited optometry school for evaluation.
(2) Make up any deficiencies.
(3) Obtain certification from the accredited optometry school that the requirements for graduation from the accredited school have been met.
Authority The provisions of this § 23.14 amended under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.14 adopted September 16, 1965; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3497. Immediately preceding text appears at serial pages (130200) to (130201).
Cross References This section cited in 49 Pa. Code § 23.11 (relating to qualifications for license by examination); 49 Pa. Code § 23.21 (relating to reciprocal application); and 49 Pa. Code § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111).
§ 23.15. Examination.
(a) An applicant who fails one or more of the National Board Examinations is eligible for reexamination in accordance with the rules and regulations of the NBEO.
(b) An applicant who fails the Clinical Skills Assessment Examination is eligible for reexamination, in accordance with the rules and regulations of the NBEO.
Authority The provisions of this § 23.15 amended under sections 3 and 6(c)(2)(ii) of the Optometric Practice and Licensure Act (63 P.S. § § 244.3 and 244.6(c)(2)(ii)); and section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a).
Source The provisions of this § 23.15 adopted September 16, 1965; amended June 22, 1990, effective upon publication retroactively applicable to July 14, 1989, 20 Pa.B. 3497; amended May 31, 1991, effective June 1, 1991, 21 Pa.B. 2552. Immediately preceding text appears at serial pages (148340) to (148341).
Cross References This section cited in 49 Pa. Code § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111).
LICENSE BY RECIPROCITY AND INTERSTATE
CERTIFICATION
§ 23.21. Reciprocal application.
(a) An applicant for licensure by reciprocity to practice optometry in this Commonwealth shall submit or cause to be submitted the following to the Board:
(1) A completed application which has been filed with the Board together with the fee required by § 23.91 (relating to fees).
(2) A certificate of preprofessional education issued by the Department, showing that the preliminary education requirements are satisfied.
(3) A transcript of subjects and grades from the college or school of optometry from which the applicant has graduated.
(4) Proof of having completed at least 3 hours of approved training in child abuse recognition and reporting in accordance with § 23.117(a) (relating to child abuse recognition and reporting—mandatory training requirement).
(b) A school or college of optometry from which the applicant for reciprocity has graduated shall be one approved by the Board at the time the applicant graduated.
(c) An applicant for licensure by reciprocity who is a graduate of an unaccredited school shall comply with the requirements of § 23.14 (relating to graduates of unaccredited schools).
Authority The provisions of this § 23.21 amended under sections 3, 6(c) and 9 of the Optometric Practice and Licensure Act (63 P.S. § § 244.3, 244.6(c) and 244.9); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 23.21 adopted September 16, 1965; amended November 11, 1967; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3809; amended May 14, 2021, effective May 15, 2021, 51 Pa.B. 2633; amended January 26, 2024, effective January 27, 2024, 54 Pa.B. 368. Immediately preceding text appears at serial page (415596).
§ 23.22. Prior testing; experience; reciprocal agreements.
An applicant shall furnish the Board with a statement, attested to by the secretary or president of the optometric board in the applicant’s state of original licensure which avers that:
(1) The applicant received a license to practice optometry by passing examinations in subjects stated in the act at the time the applicant was examined.
(2) The applicant practiced optometry for at least 4 years continuously in the state of licensure, immediately prior to applying for reciprocity in this Commonwealth.
(3) The board of original licensure recommends the applicant for licensure to the Board.
Authority The provisions of this § 23.22 amended under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); and sections 3(a)(2) and (14) and 6(c)(2)(ii) of the Optometric Practice and Licensure Act (63 P.S. § § 244.3(a)(2) and (14) and 244.6 (c)(2)(ii)).
Source The provisions of this § 23.22 adopted September 16, 1965; amended November 11, 1967; amended May 31, 1991, effective June 1, 1991, 21 Pa.B. 2552. Immediately preceding text appears at serial pages (148341) to (148342).
§ 23.23. Financial statements.
An applicant for license by reciprocity shall furnish this Board with the following:
(1) A statement of financial responsibility.
(2) Additional information and sworn statements as may be required and as will satisfy the Board.
Source The provisions of this § 23.23 adopted September 16, 1965; amended November 11, 1967.
§ 23.24. Clinical examination.
The applicant will be granted a license to practice the profession of optometry in this Commonwealth after the applicant has passed the Clinical Skills Assessment Examination.
Authority The provisions of this § 23.24 amended under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); and sections 3(a)(2) and (14) and 6(c)(2)(ii) of the Optometric Practice and Licensure Act (63 P.S. § § 244.3(a)(2) and (14) and 244.6 (c)(2)(ii)).
Source The provisions of this § 23.24 adopted September 16, 1965; amended November 11, 1967; amended May 31, 1991, effective June 1, 1991, 21 Pa.B. 2552. Immediately preceding text appears at serial pages (148342) and (130203).
§ 23.25. Certification to another state.
The fee required by § 23.91 (relating to fees) shall be paid for certifying the grades of a licensed optometrist to another state.
Authority The provisions of this § 23.25 amended under sections 3(14) and 9 of the Optometric Practice and Licensure Act (63 P.S. § § 244.3(14) and 244.9).
Source The provisions of this § 23.25 adopted September 16, 1965; amended November 11, 1967; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3809. Immediately preceding text appears at serial page (9740).
VOLUNTEER LICENSE
§ 23.26. Volunteer license.
(a) Purpose and definitions.
(1) The following subsections implement the Volunteer Health Services Act (35 P.S. § § 449.41—449.50) and provide for the issuance of a volunteer license to a qualified individual who retires from active practice and seeks to provide professional services as a volunteer. A volunteer license authorizes the holder to practice only in an organized community-based clinic without remuneration.
(2) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
Approved clinic—An organized community-based clinic offering primary health care services to individuals and families who cannot pay for their care, to Medical Assistance clients or to residents of medically underserved areas or health professionals shortage areas. The term includes a State health center, nonprofit community-based clinic and Federally qualified health center, as designated by Federal rulemaking or as approved by the Department of Health or the Department of Public Welfare.
Unrestricted license—A license which is not restricted or limited by order of the Board under its disciplinary power.(b) License. A volunteer license may be issued to a licensee of the Board who documents to the satisfaction of the Board that the applicant will practice without personal remuneration in approved clinics and meets one of the following conditions:
(1) Holds a currently renewed, active, unrestricted license as an optometrist in this Commonwealth and retires from active practice at the time the applicant applies for a volunteer license.
(2) Retires from the active practice of optometry in this Commonwealth in possession of an unrestricted license which was allowed to lapse by not renewing it. A retired licensee shall meet the requirements of the act or the regulations pertaining to continued education or continued competency to be eligible for renewal.
(c) Applications. An applicant for a volunteer license shall complete an application obtained from the Board. In addition to providing information requested by the Board, the applicant shall provide, or cause to be provided:
(1) An executed verification on forms provided by the Board certifying that the applicant intends to practice optometry exclusively:
(i) Without personal remuneration for professional services.
(ii) In an approved clinic.
(2) A letter signed by the director or chief operating officer of an approved clinic that the applicant has been authorized to provide volunteer services in the named clinic by the governing body or responsible officer of the clinic.
(3) Evidence of completion of at least 3 hours of approved training in child abuse recognition and reporting in accordance with § 23.117(a) (relating to child abuse recognition and reporting—mandatory training requirement).
(d) Validity of license. A volunteer license shall be valid for the biennial period for which it is issued, subject to biennial renewal. During each biennial renewal period, the licensee shall notify the Board of any change in clinic or volunteer status within 30 days of the date of a change, or at the time of renewal, whichever occurs first.
(e) Biennial renewal. A volunteer license shall be renewed biennially on forms provided by the Board.
(1) As a condition of biennial renewal, the applicant shall satisfy the same continuing education requirements as the holder of an active, unrestricted license, including at least 2 hours of approved courses in child abuse recognition and reporting in accordance with § 23.117(b).
(2) The applicant shall be exempt from payment of the biennial renewal fee of § 23.91 (relating to fees).
(f) Return to active practice. A volunteer license holder who desires to return to active practice shall notify the Board and apply for biennial registration on forms provided by the Board.
(g) Disciplinary provisions. A volunteer license holder shall be subject to the disciplinary provisions of the act and this chapter. Failure of the licensee to comply with the Volunteer Health Services Act (35 P.S. § § 449.41—449.50) or this section may also constitute grounds for disciplinary action.
Authority The provisions of this § 23.26 issued under section 5 of the Volunteer Health Services Act (35 P.S. § 449.45); and section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)); amended under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 23.26 adopted November 28, 1997, effective November 28, 1997, 27 Pa.B. 6214; amended January 26, 2024, effective January 27, 2024, 54 Pa.B. 368. Immediately preceding text appears at serial pages (415598) to (415599).
LICENSE BY ENDORSEMENT UNDER
63 PA.C.S. § 3111
§ 23.27. Definitions.
The following word or term, when used in § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111) has the following meaning, unless the context clearly indicates otherwise:
Jurisdiction—A state, territory or country.
Authority The provisions of this § 23.27 added under 63 Pa.C.S. § 3111; and section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions on this § 23.27 added September 15, 2023, effective September 16, 2023, 53 Pa.B. 5765.
§ 23.27a. License by endorsement under 63 Pa.C.S. § 3111.
(a) Requirements for issuance. To be issued a license by endorsement under 63 Pa.C.S. § 3111 (relating to licensure by endorsement), an applicant shall satisfy all of the following conditions:
(1) Have a current license, certification, registration or permit in good standing to practice optometry in another jurisdiction whose standards are substantially equivalent to or exceed those established under section 4 of the act (63 P.S. § 244.4) and § § 23.11—23.15, 23.202 and 23.205. The following apply:
(i) An applicant must submit a copy of the current applicable law, regulation or other rule governing licensure, certification, registration or permit requirements and scope of practice in the jurisdiction that issued the license, certificate, registration or permit.
(ii) If the applicable law, regulation or other rule is in a language other than English, at the applicant’s expense, the applicable law, regulation or other rule shall be translated by a professional translation service and verified to be complete and accurate.
(iii) The copy of the applicable law, regulation or other rule must include the enactment date.
(2) Demonstrate competency by one of the following:
(i) Experience in the practice of optometry by demonstrating, at a minimum, that the applicant has actively engaged in the practice of optometry under a license, certificate, registration or permit in a jurisdiction or jurisdictions that have substantially equivalent licensure standards for at least 2 of the 5 years immediately preceding the filing of the application with the Board.
(ii) Completion of 30 hours of continuing education that meets the requirements of § § 23.82 and 23.83 (relating to continuing education hour requirements; continuing education reporting; audit and enforcement; and continuing education subject matter) during the 24 months immediately preceding the date of the application. Completion of child abuse recognition and reporting training under paragraph (7) may be attributed to the 30 hours of continuing education.
(iii) Achieve a passing score on the NBEO Clinical Skills Assessment Examination or its equivalent, as determined by the Board, within 2 years immediately preceding the date of the application.
(3) Have not committed any act prohibited by section 7 of the act (63 P.S. § 244.7) or § § 23.61—23.65 (relating to unlawful practices).
(4) Have not been disciplined by the jurisdiction that issued the license, certificate, registration or permit.
(5) Have paid the license application fee as required by § 23.91 (relating to fees).
(6) Have applied for licensure in accordance with this chapter in the manner and format prescribed by the Board.
(7) Have completed 3 hours of training in child abuse recognition and reporting from a provider approved by the Department of Human Services as required under 23 Pa.C.S. § 6383(b)(3)(i) (relating to education and training).
(b) Interview and additional information. An applicant may be required to appear before the Board for a personal interview and may be required to submit additional information, including supporting documentation relating to competency and experience. The applicant may request the interview to be conducted by video teleconference for good cause shown.
(c) Prohibited acts and discipline. Notwithstanding subsection (a)(3) and (4), the Board may, in its discretion, determine that an act prohibited under section 7 of the act or § § 23.61—23.65, or disciplinary action by a jurisdiction is not an impediment to licensure under 63 Pa.C.S. § 3111.
Authority The provisions of this § 23.27a added under section 3111 of 63 Pa.C.S.; and section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions on this § 23.27a added September 15, 2023, effective September 16, 2023, 53 Pa.B. 5765.
Cross References This section cited in 49 Pa. Code § 23.27 (relating to definitions); and 49 Pa. Code § 23.27b (relating to provisional endorsement license).
§ 23.27b. Provisional endorsement license.
(a) Provisional endorsement license. The Board may, in its discretion, issue a provisional endorsement license to an applicant while the applicant is satisfying remaining requirements for licensure by endorsement under 63 Pa.C.S. § 3111 (relating to licensure by endorsement) and § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111).
(b) Expiration of a provisional endorsement license.
(1) An individual holding a provisional endorsement license may practice for up to 1 year after issuance of the provisional endorsement license. The Board, in its discretion, may determine that an expiration date of less than 1 year is appropriate.
(2) Upon a written request and a showing of good cause, the Board may grant an extension of no longer than 1 year from the expiration date of the provisional endorsement license.
(c) Termination of a provisional endorsement license. A provisional endorsement license terminates if any of the following occurs:
(1) When the Board completes its assessment of the applicant and grants or denies the license.
(2) When the holder of the provisional license fails to comply with the terms of the provisional endorsement license.
(3) When the provisional endorsement license expires.
(d) Reapplication. An individual may reapply for license by endorsement under § 23.27a after expiration or termination of a provisional endorsement license, but the individual may not be issued a subsequent provisional endorsement license.
Authority The provisions of this § 23.27b added under section 3111 of 63 Pa.C.S.; and section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions on this § 23.27b added September 15, 2023, effective September 16, 2023, 53 Pa.B. 5765.
BUSINESS PRACTICES
§ 23.31. Advertising.
(a) Advertising by publication, transmission, posting or distribution is permitted if it is not misleading, deceptive or fraudulent on its face, by inference, or by its effect in actual practice.
(b) Price advertising is permitted if eye examinations and spectacle lenses or contact lenses are priced separately. Advertising a portion of a professional service as ‘‘free’’ is prohibited, when receipt of the ‘‘free’’ service or product is conditioned upon the purchase of an additional service or product, and the terms of this condition are not disclosed.
(c) Lettering used on doors, windows or displays shall comply with subsection (a), and shall conspicuously identify the names and degrees of professionals engaged in the practice.
(d) The listing of an optometrist in a telephone directory may contain the optometrist’s name, title, degrees, addresses, office hours and telephone numbers. This listing may also contain other information which is not in violation of subsection (a) and shall identify the optometrist with the designations ‘‘Doctor of Optometry,’’ ‘‘O.D.’’ or ‘‘Dr.’’ followed by ‘‘Optometrist.’’
(e) An optometrist listed in the classified section of a phone directory may only be listed under classifications relating to the provision of optometric services at the addresses noted in Board records as the places of practice of that optometrist, after notice has been filed with the Board in compliance with § § 23.43 and 23.44 (relating to offices; and additional practice locations).
(f) An optometrist listed in a telephone directory may use the term ‘‘succeeded by,’’ ‘‘succeeding’’ or ‘‘successor to’’ and the name of the succeeded optometrist for no longer than 2 years from the date of succession to the practice.
Authority The provisions of this § 23.31 amended under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.31 adopted September 16, 1965; amended October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863. Immediately preceding text appears at serial page (9740) to (9742).
Cross References This section cited in 49 Pa. Code § 23.43 (relating to offices).
§ 23.32. Display of license.
(a) An optometrist shall prominently post his display license, or a certified duplicate of that license, at each location at which he practices optometry. This posted license or certified duplicate shall be the license issued for the current renewal period.
(b) [Reserved].
Authority The provisions of this § 23.32 amended under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.32 adopted September 16, 1965; amended October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863. Immediately preceding text appears at serial page (9742).
Cross References This section cited in 49 Pa. Code § 23.43 (relating to offices); and 49 Pa. Code § 23.63 (relating to fee sharing).
§ 23.33. Practice.
(a) An optometrist engaged in the active practice of optometry shall practice in a room used exclusively for the practice of optometry when practicing in the optometrist’s office. A change in this address, or the addition of places of practice, shall comply with § § 23.43 and 23.44 (relating to offices; and additional practice locations).
(b) In compliance with § 23.36 (relating to consultant, advisor, staff or employe optometry), an optometrist may arrange the professional practice to include service to a licensed health care service facility, including in-patient or out-patient hospitals and emergency rooms, nursing homes and long-term care facilities, or any facility with the need for optometric services.
(c) An optometrist may, as a professional courtesy, accept a request to attend the patients of another optometrist in the office of the other optometrist, during a temporary absence from practice, if consistent with other duties.
(d) An optometrist may provide services to a patient who is physically incapable of coming to the optometrist’s office, at that patient’s residence or location.
(e) An optometrist may provide vision screenings at any location, public or private, within this Commonwealth.
(f) An optometrist shall carry his wallet renewal card on his person as proof of current licensure, for presentation on demand, whenever rendering optometric services outside of his regular practice location.
Authority The provisions of this § 23.33 amended under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)); amended under section 812.1 of The Administrative Code of 1929 (71 P.S. § 279.3a); and sections 3(a)(2), (2.1), (3) and (14), (b)(9) and (14) and 6(c)(2)(ii) of the Optometric Practice and Licensure Act (63 P.S. § § 244.3(a)(2), (2.1), (3) and (14), (b)(9) and (14) and 244.6(c)(2)(ii)).
Source The provisions of this § 23.33 adopted September 16, 1965; amended October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863; amended May 31, 1991, effective June 1, 1991, 21 Pa.B. 2552; amended June 3, 2005, effective June 4, 2005, 35 Pa.B. 3220. Immediately preceding text appears at serial pages (222965) to (222966).
Cross References This section in 49 Pa. Code § 23.44 (relating to additional practice locations); and 49 Pa. Code § 23.63 (relating to fee sharing).
§ 23.34. Professional corporations.
An optometrist licensed by the Board may professionally incorporate with other optometrists, medical doctors, doctors of osteopathy, dentists, psychologists, podiatrists, chiropractors and other health care professionals if this incorporation is authorized by the practice acts of the relevant professions.
Authority The provisions of this § 23.34 issued under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)); amended under section 3(a)(2.1) and (3) and (b)(9) and (14) of the Optometric Practice and Licensure Act (63 P.S. § § 244.3(a)(2.1) and (3) and (b)(9) and (14)).
Source The provisions of this § 23.34 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863; amended June 3, 2005, effective June 4, 2005, 35 Pa.B. 3220. Immediately preceding text appears at serial pages (222966) to (222967).
Cross References This section cited in 49 Pa. Code § 23.44 (relating to additional practice locations); and 49 Pa. Code § 23.63 (relating to fee sharing).
§ 23.35. Fictitious names.
An optometrist practicing as a sole proprietor, in association with other optometrists, or in a business form other than a professional corporation, may do business under a fictitious name.
Authority The provisions of this § 23.35 issued under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)); amended under section 3(a)(2.1) and (3) and (b)(9) and (14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(a)(2.1) and (3) and (b)(9) and (14)).
Source The provisions of this § 23.35 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863; amended June 3, 2005, effective June 4, 2005, 35 Pa.B. 3220. Immediately preceding text appears at serial page (222967).
§ 23.36. Consultant, advisor, staff or employe optometry.
(a) An optometrist may:
(1) Be engaged as a consultant to businesses implementing industrial vision programs.
(2) Be engaged as a staff optometrist or optometric administrator by municipal, county, State or Federal government agencies, research organizations, educational institutions, insurance companies or licensed health care facilities.
(b) When engaged as set forth in subsection (a), an optometrist shall contract, in writing, to retain the right to the independent exercise of professional judgment.
(c) An optometrist may accept employment with a nonlicensed proprietor, or with a commercial or mercantile concern, if the optometrist complies with § 23.43 (relating to offices).
Authority The provisions of this § 23.36 issued under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.36 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863.
Cross References This section cited in 49 Pa. Code § 23.33 (relating to practice); and 49 Pa. Code § 23.61 (relating to general).
OFFICE OF OPTOMETRIST
§ 23.41. [Reserved].
Source The provisions of this § 23.41 adopted September 16, 1965; reserved October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863. Immediately preceding text appears at serial page (9742).
§ 23.42. Equipment
An office maintained for the practice of optometry shall be fully equipped for the making of a basic optometrical examination including the following:
(1) Keratometer.
(2) Ophthalmoscope and retinoscope.
(3) Trial case and its accessories or a phoropter.
(4) Visual acuity charts.
(5) Ophthalmic chair.
(6) Field testing equipment.
(7) Slitlamp—Biomicroscope.
(8) Tonometer.
Authority The provisions of this § 23.42 amended under section 3(a)(2.1) and (3) and (b)(9) and (14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(a)(2.1) and (3) and (b)(9) and (14)).
Source The provisions of this § 23.42 adopted September 16, 1965; amended October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863; amended June 3, 2005, effective June 4, 2005, 35 Pa.B. 3220. Immediately preceding text appears at serial page (222968).
§ 23.43. Offices.
(a) An office for the practice of optometry shall consist of a reception area and other rooms required for a complete ocular examination. An optometrist shall notify the Board of the location of this office, within 30 days of securing the premises for this purpose. Display licenses shall be posted in compliance with § § 23.32 and 23.33 (relating to display of license; and practice).
(b) No optometrist may lease or rent space or accept employment for the practice of optometry in a commercial or mercantile concern unless the following conditions are met:
(1) The optometrist executes a contract, in writing, with the lessor, landlord or employer, granting the optometrist independence in the exercise of professional judgment.
(2) Patient files are under the control of the optometrist.
(3) Advertising, signs and displays are in compliance with § § 23.31 and 23.32 (relating to advertising; and display of license).
(4) The space occupied by the optometrist is definite and apart from space occupied by other commercial or mercantile concerns occupying proximate space.
(c) Nothing in this section prohibits an optometrist from paying for rental or franchise fees on a percentage of gross receipts basis.
Authority The provisions of this § 23.43 amended under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.43 adopted September 16, 1965; amended October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863. Immediately preceding text appears at serial page (88257).
Cross References This section cited in 49 Pa. Code § 23.31 (relating to advertising); 49 Pa. Code § 23.33 (relating to practice); 49 Pa. Code § 23.36 (relating to consultant, advisor, staff or employe optometry); 49 Pa. Code § 23.61 (relating to general); and 49 Pa. Code § 23.63 (relating to fee sharing).
§ 23.44. Additional practice locations.
(a) No optometrist may establish an additional practice location for the practice of optometry until a notice of intention to do so, together with the fee specified at § 23.91 (relating to fees), has been submitted to the Board in compliance with § 23.33(a) (relating to practice), and a certified duplicate of the optometrist’s license has been issued by the Board for permanent display at the new practice location. Separate notice and certification is required for each additional location.
(b) [Reserved].
(c) [Reserved].
(d) [Reserved].
(e) The notice to the Board shall specify persons who will be practicing optometry at the proposed new location, in addition to the optometrist filing the notice. If the new location will be owned by a professional corporation or established under a fictitious name, this notice shall certify compliance with the conditions specified at § § 23.34 and 23.35 (relating to professional corporations; and fictitious names).
(f) [Reserved].
(g) [Reserved].
(h) [Reserved].
(i) [Reserved].
(j) [Reserved].
(k) The Board will maintain records noting the practice locations of each optometrist licensed in this Commonwealth.
Authority The provisions of this § 23.44 amended under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.44 adopted September 16, 1965; amended October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863. Immediately preceding text appears at serial pages (88257) to (88258).
Cross References This section cited in 49 Pa. Code § 23.31 (relating to advertising); and 49 Pa. Code § 23.33 (relating to practice).
OPTOMETRY SCHOOLS
§ 23.51. Approval.
The Board will approve schools of optometry which are accredited by the Council on Optometric Education of the American Optometric Association.
Authority The provisions of this § 23.51 issued under section 3(b)(11) and (14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3 (b)(11) and (14)).
Source The provisions of this § 23.51 adopted September 16, 1965; amended March 9, 1984, effective March 10, 1984, 14 Pa.B. 834. Immediately preceding text appears at serial pages (9744) to (9745).
UNLAWFUL PRACTICES
§ 23.61. General.
(a) Corporations, lay firms and individuals which are not licensed or otherwise approved under this chapter are prohibited from the practice of optometry. Nothing in this section prohibits the employment of an optometrist in compliance with § § 23.36 and 23.43 (relating to consultant, advisor or staff optometry; and offices).
(b) A corporation, lay firm or individual not licensed or otherwise approved under this chapter, practicing in violation of subsection (a) will be cited for the unlicensed practice of optometry.
(c) [Reserved].
Authority The provisions of this § 23.61 amended under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.61 adopted September 16, 1965; amended October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863. Immediately preceding text appears at serial page (88260).
Cross References This section cited in 49 Pa. Code § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111).
§ 23.62. Unlawful practices for optometrists.
(a) [Reserved].
(b) [Reserved].
(c) Aiding and abetting an unlicensed corporation, lay firm or individual in the unlicensed practice of optometry will be grounds for the suspension or revocation of a license.
(d) No optometrist may accept employment or association with an optometrist whose license has been suspended or revoked, during the period of this suspension or revocation. Nothing in this section prohibits the continuing practice of an optometrist previously associated with a revoked or suspended practitioner, so long as the revoked or suspended practitioner is disassociated from participation in the practice during the course of his suspension or revocation.
(e) Licensed optometrists may not engage in unethical or illegal practices or conduct which fails to conform to the acceptable and prevailing standards of optometric practice, or violates State or Federal laws.
Authority The provisions of this § 23.62 amended under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.62 adopted September 16, 1965; amended October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863. Immediately preceding text appears at serial page (88260).
Cross References This section cited in 49 Pa. Code § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111).
§ 23.63. Fee sharing.
(a) No optometrist shall divide, share, split, or allocate, either directly or indirectly, any fee for optometric services or materials with any lay person, firm or corporation. This rule shall not be interpreted to prevent an optometrist from paying an employe in the regular course of employment.
(b) No optometrist shall divide or share any fee or compensation for optometric services rendered by him with anyone who is not licensed to practice optometry in this Commonwealth. No division of fees for service shall be made except with another optometrist, based upon a division of services or responsibility.
(c) Nothing in this section prohibits association, incorporation, employment or other contractual arrangements authorized by § § 23.33—23.36 and 23.43.
Authority The provisions of this § 23.63 amended under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.63 adopted September 16, 1965; amended October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863. Immediately preceding text appears at serial pages (88260) and (69663).
Cross References This section cited in 49 Pa. Code § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111).
§ 23.64. Professional conduct.
(a) Registered optometrists shall adhere to the standards of professional conduct which are generally accepted by the profession of optometry of this Commonwealth.
(b) The standards of professional conduct for registered optometrists are higher than, and may not partake of the standards and practices of the market place.
(c) Failure of an optometrist to conform to the standards of professional conduct, including those in § 23.3(12) and (14) (relating to means and methods for the examination, diagnosis and treatment of conditions of the visual system) may subject the optometrist to disciplinary action under section 7 of the act (63 P.S. § 244.7).
(d) An optometrist may terminate the optometric care of a patient who, in the professional opinion of the optometrist, is not adhering to appropriate regimens of care and follow-up.
(1) The optometrist shall notify the patient, in writing, that the optometrist is terminating the professional relationship and the reasons for the termination.
(2) The optometrist shall provide the patient with at least 60 days of continued care after the notice of termination is sent and provide reasonable assistance to the patient to find alternative care.
(3) In addition, the optometrist shall make a copy of the patient’s medical record available to the patient or successor eye care provider designated by the patient, and may charge a fee for copying the record consistent with the fees in 42 Pa.C.S. § 6152(a)(2)(i) (relating to subpoena of records).
Authority The provisions of this § 23.64 amended under section 3(a)(2.1) and (3) and (b)(9) and (14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(a)(2.1) and (3) and (b)(9) and (14)).
Source The provisions of this § 23.64 adopted September 16, 1965; amended June 3, 2005, effective June 4, 2005, 35 Pa.B. 3220. Immediately preceding text appears at serial page (222972).
Cross References This section cited in 49 Pa. Code § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111).
§ 23.65. Self-reporting of misconduct required.
(a) An applicant or licensee of the Board shall notify the Board, in writing, within 90 days, of one or more of the following:
(1) A criminal conviction, which term shall include a verdict, a finding of guilt, or a plea of guilty or nolo contendere, to a felony, or to a misdemeanor relating to or arising out of the practice of optometry.
(2) The issuance of a disciplinary action taken by a licensing authority in another state, territory or country.
(3) An in-patient admission to a facility for treatment of a mental disease or disability, or for treatment arising out of the use of alcohol or controlled substances.
(4) Testimony in a court under a grant of immunity or otherwise, admitting misconduct in the practice of optometry, or a violation of the act or this chapter.
(b) The notice required in subsection (a) shall specify the particulars of the event triggering the report sufficient to enable the Board to order additional investigation, in its discretion.
(c) If the Board initiates consequent disciplinary action, compliance with this section may be considered a mitigating circumstance. Failure to comply may be considered an aggravating circumstance, and will be an independent ground for disciplinary action against the applicant or licensee.
Authority The provisions of this § 23.65 issued under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.65 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863.
Cross References This section cited in 49 Pa. Code § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111).
PROFESSIONAL PRACTICE
§ 23.71. Patient records.
(a) An optometrist shall use professional judgment to determine what services are to be provided to his patients. Records of the actual services rendered shall be maintained for a minimum of 7 years after the last consultation with a patient. Records must indicate when a referral has been made to a physician. An examination may include the following:
(1) Complete history.
(2) Uncorrected visual acuity.
(3) Detailed report of the external findings.
(4) Ophthalmoscopic examination (media, fundus, blood vessels, disc).
(5) Corneal curvature measurements (dioptral).
(6) Static retinoscopy.
(7) Amplitude of convergence and accommodation.
(8) Ocular muscle balance.
(9) Subjective refraction test.
(10) Fusion.
(11) Stereopsis.
(12) Color vision.
(13) Visual fields (confrontation).
(14) Visual fields including manual or automated perimetry.
(15) Prescription given and visual acuity obtained.
(16) Biomicroscopy (slit lamp).
(17) Tonometry.
(18) Prognosis, stable or unstable.
(19) Pharmaceutical agents used or prescribed, including strength, dosage, number of refills and adverse reaction, if applicable.
(b) An optometrist shall provide a patient with a copy of the patient’s contact lens prescription in accordance with the Fairness to Contact Lens Consumers Act (15 U.S.C.A. § § 7601—7610). An optometrist shall provide a patient with a copy of the patient’s spectacle prescription in accordance with the Federal Trade Commission Ophthalmic Practice Rules (16 CFR 456.1—456.4).
Authority The provisions of this § 23.71 issued under section 3(a)(2.1) and (3)(b)(9) and (14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(a)(2.1) and (3)(b)(9) and (14)).
Source The provisions of this § 23.71 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863; amended June 3, 2005, effective June 4, 2005, 35 Pa.B. 3220. Immediately preceding text appears at serial pages (305101) to (305102).
§ 23.72. Prescriptions.
(a) Optometric prescriptions shall bear:
(1) The name, address, telephone number, facsimile telephone number and license number of the optometrist.
(2) The name of the patient.
(3) The date the prescription is issued by the licensed practitioner.
(4) The expiration date.
(b) Contact lens prescriptions shall specify the lens type, the specifications necessary for the ordering and fabrication of the lenses, number of refills and expiration date consistent with the type and modality of use of the contact lens being prescribed, but the expiration date may not be greater than 1 year. The prescription may include a statement of caution if the statement is supported by appropriate findings and documented in the patient’s medical record.
(c) Pharmaceutical prescriptions shall specify the name of the drug prescribed, quantity and potency prescribed, expiration date, number of refills allowed, instructions for use and any indicated precautionary statements.
(d) Spectacle prescriptions shall specify any information that would be relevant to manufacturing glasses including the dioptic value of the sphere, astigmatism, prism, slab off, add power and axis or orientation of the astigmatism correction. The expiration date of a spectacle prescription may not be greater than 2 years.
Authority The provisions of this § 23.72 issued under section 3(a)(2.1) and (3) and (b)(9) and (14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(a)(2.1) and (3) and (b)(9) and (14)).
Source The provisions of this § 23.72 adopted June 3, 2005, effective June 4, 2005, 35 Pa.B. 3220.
CONTINUING EDUCATION
§ 23.81. Coverage.
(a) This section and § § 23.82—23.89 apply to all optometrists who are required to be licensed under the act; however, an applicant, upon successful completion of the optometric examination for licensure, shall be exempt from the requirements of continuing education for only the biennial period during which the applicant successfully completed the examination if the applicant takes the examination within 2 years from the applicant’s graduation from an accredited college or school of optometry.
(b) An individual who is in an inactive status or is a retired practitioner is not required to meet the continuing education requirements as outlined in this section and § § 23.82—23.89 except to the extent that, upon application for reactivation, the individual shall be required to show proof of continuing education for the biennial period immediately preceding the request for reactivation, including at least 2 hours of approved courses in child abuse recognition and reporting as required under § 23.117(b) (relating to child abuse recognition and reporting—mandatory training requirement).
Authority The provisions of this § 23.81 amended under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 23.81 adopted April 16, 1982, effective April 17, 1982, 12 Pa.B. 1231; amended January 26, 2024, effective January 27, 2024, 54 Pa.B. 368. Immediately preceding text appears at serial page (415613).
Cross References This section cited in 49 Pa. Code § 23.84 (relating to provider and program registration); and 49 Pa. Code § 23.89 (relating to falsification of information).
§ 23.82. Continuing education hour requirements; continuing education reporting; audit and enforcement.
(a) An applicant for biennial license renewal or reactivation of license is required to complete, during the 2 years immediately preceding renewal or reactivation, a minimum of 30 hours of continuing education, including at least 2 hours of approved courses in child abuse recognition and reporting in accordance with § 23.117(b) (relating to child abuse recognition and reporting—mandatory training requirement). A licensee whose license is not renewed by the expiration of the biennial renewal period may not engage in the practice of optometry until the continuing education requirements are satisfied and the license has been renewed or reactivated.
(1) For licensees certified in accordance with 4.1 of the act (63 P.S. § 244.4a), 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.
(2) 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. No more than 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.
(3) Completion of a Board-approved course described in 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.
(b) Licensees shall certify completion of the required continuing education on the biennial renewal application as a condition of renewal. False certifications will be ground for disciplinary action under section 7(a)(3) of the act (64 P.S. § 244.7(a)(3)).
(c) The Board may randomly audit licensees to ensure compliance with the continuing education requirements. A licensee selected for audit shall provide information to document the licensee’s completion of required continuing education, which shall include the information at § 23.87(a) (relating to reporting of continuing education credit hours).
(d) A licensee who, as a result of an audit, is determined to be deficient in continuing education hours will be subject to formal disciplinary action under section 7(a)(8) of the act (63 P.S. § 244.7(a)(8)), or will be subject to the issuance of a citation under 63 Pa.C.S. § 3108 (relating to civil penalties) in accordance with § 43b.25 (relating to schedule of civil penalties—optometrists).
(e) Notwithstanding other disciplinary action taken as set forth in subsection (d), a licensee who is determined to be deficient in continuing education hours is required to make up all deficient hours of continuing education and submit documentation containing the information set forth in subsection (c) to the Board within 6 months from the issuance of a citation or the imposition of formal discipline. Hours of continuing education submitted to the Board to make up for a deficiency may not be used to satisfy the continuing education requirement for the current biennium.
(f) Failure to make up all deficiencies as set forth in subsection (e) will subject the licensee to further disciplinary action under section 7(a)(8) of the act.
(g) 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.
Authority The provisions of this § 23.82 amended under sections 3(b)(12) and (14), 4.1 and 4.2 of the Optometric Practice and Licensure Act (63 P.S. § § 244.3(b)(12) and (14), 244.4a and 244.4b); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 23.82 adopted April 16, 1982, effective April 17, 1982, 12 Pa.B. 1231; amended April 23, 1982, effective April 24, 1982, 12 Pa.B. 1331; amended June 5, 1998, effective June 6, 1998, 28 Pa.B. 2586; amended March 12, 2004, effective March 13, 2004, 34 Pa.B. 1453; amended August 6, 2004, effective August 7, 2004, 34 Pa.B. 4147; amended May 14, 2021, effective May 15, 2021, 51 Pa.B. 2633; amended January 26, 2024, effective January 27, 2024, 54 Pa.B. 368. Immediately preceding text appears at serial pages (415613) to (415614) and (415873).
Cross References This section cited in 49 Pa. Code § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111); 49 Pa. Code § 23.81 (relating to coverage); 49 Pa. Code § 23.86 (relating to sources of continuing education hours); 49 Pa. Code § 23.89 (relating to falsification of information); 49 Pa. Code § 23.117 (relating to child abuse recognition and reporting—mandatory training requirement); 49 Pa. Code § 23.301 (relating to interpretation relating to sources of continuing education hours—statement of policy); and 49 Pa. Code § 43b.25 (relating to schedule of civil penalties—optometrists).
§ 23.83. Continuing education subject matter.
(a) Except as provided in subsection (d), acceptable courses of study are limited to those pertaining to the use or 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.
(d) At least 2 hours of continuing education shall be completed in child abuse recognition and reporting as required under 23 Pa.C.S. § 6383(b)(3)(ii) (relating to education and training) in accordance with § 23.117(b) (relating to child abuse recognition and reporting—mandatory training requirement). Notwithstanding the requirements for Board approval of optometric continuing education programs in § § 23.84—23.86 (relating to provider and program registration; standards for providers; and sources of continuing education hours), courses in child abuse recognition and reporting must be approved in accordance with § 23.118 (relating to child abuse recognition and reporting course approval process).
Authority The provisions of this § 23.83 amended under section 3(b)(12) and (14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(12) and (14)); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 23.83 adopted April 16, 1982, effective April 17, 1982, 12 Pa.B. 1231; amended March 12, 2004, effective March 13, 2004, 34 Pa.B. 1453; amended January 26, 2024, effective January 27, 2024, 54 Pa.B. 368. Immediately preceeding text appears at serial page (415873).
Cross References This section cited in 49 Pa. Code § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111); 49 Pa. Code § 23.81 (relating to coverage); 49 Pa. Code § 23.84 (relating to provider and program registration); 49 Pa. Code § 23.86 (relating to sources of continuing education hours); and 49 Pa. Code § 23.89 (relating to falsification of information).
§ 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.
Authority The provisions of this § 23.84 amended under section 3(b)(12) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(12)).
Source The provisions of this § 23.84 adopted April 16, 1982, effective April 17, 1982, 12 Pa.B. 1231; amended March 12, 2004, effective March 13, 2004, 34 Pa.B. 1453. Immediately preceeding text appears at serial pages (288942) and (244909).
Cross References This section cited in 49 Pa. Code § 23.81 (relating to coverage); 49 Pa. Code § 23.83 (relating to continuing education subject matter); and 49 Pa. Code § 23.89 (relating to falsification of information).
§ 23.85. Standards for providers.
(a) Prior to approval, each provider is required to do the following:
(1) Establish a mechanism measuring the quality of the program being offered.
(2) Establish criteria for selecting and evaluating faculty.
(3) Establish criteria for the evaluation of each program upon completion.
(b) The provider shall provide adequate facilities and appropriate instructional materials to carry out continuing education programs.
(c) The provider shall ensure that instructors have suitable qualifications and are of good reputation and character.
Source The provisions of this § 23.85 adopted April 16, 1982, effective April 17, 1982, 12 Pa.B. 1231.
Cross References This section cited in 49 Pa. Code § 23.81 (relating to coverage); 49 Pa. Code § 23.83 (relating to continuing education subject matter); and 49 Pa. Code § 23.89 (relating to falsification of information).
§ 23.86. Sources of continuing education hours.
(a) The Board finds that the providers listed as follows have currently met the standards for provider approval for all acceptable courses of continuing education that meet the requirements of § 23.83 (relating to continuing education subject matter). Accordingly, the following providers are preapproved sources for continuing optometric education courses:
(1) The American Optometric Association, and its state affiliates.
(2) The Pennsylvania Optometric Association, and its local societies.
(3) All schools and colleges of optometry accredited by the Accreditation Council on Optometric Education (ACOE) of the American Optometric Association, or its successor.
(4) The College of Optometrists in Vision Development (COVD).
(5) The Council on Optometric Practitioner Education (COPE).
(6) Continuing education courses offered by accredited medical colleges, as defined in section 2 of the Medical Practice Act of 1985 (63 P.S. § 422.2).
(7) The Optometric Extension Program.
(8) The American Academy of Optometry and its state affiliates.
(9) The American Academy of Ophthalmology and its state affiliates.
(10) The American Medical Association and its state affiliates.
(b) The Board may approve other providers of continuing education not listed in subsection (a). The Board will maintain on its web site a list of all approved providers.
(1) A provider seeking approved provider status shall:
(i) Apply to the Board, on forms supplied by the Board, at least 90 days in advance of the date the initial course is given. The provider may not offer any course for credit until the Board grants its approval as an approved provider.
(ii) Pay the required fees under § 23.91 (relating to fees).
(iii) Demonstrate that the provider is competent to provide continuing education to optometrists.
(iv) Ensure that the courses provided meet the requirements of § 23.83.
(2) All provider approvals expire November 30th of each even-numbered year, regardless of the date of issuance, and must be renewed biennially.
(c) The approval given to the providers approved in accordance with subsections (a) and (b) is subject to reevaluation. A rescission 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).
(d) A course which is offered by an individual or entity that has not been approved in accordance with subsections (a) or (b) will count as continuing education hours provided that the course is approved by the Board prior to implementation of the course and the course meets the requirements of § 23.83. The course provider shall submit an application for course approval on a form supplied by the Board and pay the fee required under § 23.91 at least 45 days in advance of the date the course is given.
(e) Continuing education credit may be awarded retroactively for attending programs, to include lectures and college or university courses, which have not been previously approved at the rate of 1 continuing education hour for every 50 minutes. The attendee shall apply to the Board for approval on a form supplied by the Board, pay a fee under § 23.91 and document attendance within 60 days of attending the program. The attendee shall demonstrate to the Board’s satisfaction that the program meets the requirements in § 23.83. A licensee may complete up to 50% of the licensee’s required continuing education in programs approved under this subsection or subsections (f), (g) or (h).
(f) It shall be permissible to attend clinical conferences, clinical rounds or training under a preceptor through clinical hospitals, medical centers, schools, and colleges which are acceptable at the rate of 1 continuing education hour for every 50 minutes. If requested by the Board, a licensee shall provide documentation of completion. A licensee may complete up to 25% of the licensee’s required continuing education from sources in this subsection and up to an additional 25% in required continuing education from any of the sources in subsections (e), (g) or (h).
(g) Credit hours will be given for correspondence programs, taped study programs, online or webinar programs, journal courses and other individual study programs at the rate of 1 continuing education hour for every 50 minutes. However, proper credit being given for such program is dependent upon the licensee proving, to the satisfaction of the Board, that the program meets the provisions of subsections (a) or (b). A licensee may complete up to 50% of the licensee’s required continuing education in individual study in accordance with this subsection or in the continuing education from any of the sources in subsections (e), (f) or (h).
(h) Credit hours will be credited for service as a teacher, preceptor, lecturer or speaker and for publications, articles, books and research relating to the practice of optometry. A licensee shall provide documentation to the Board within 60 days of completion of the previous service utilizing the process set forth in subsection (e). One continuing education hour will be granted for every 50 minutes of initial instruction or research, and 2 continuing education hours will be granted for the preparation of each hour of instruction. If a licensee prepares written materials to accompany the instruction, the continuing education credits for only the instruction will be doubled. Five continuing education hours will be granted for publication of a book, and 2 continuing education hours will be granted for publication of an article or a chapter in a book. A licensee may complete up to 25% of the licensee’s required continuing education in accordance with this subsection and up to an additional 25% from any of the required continuing education sources in subsections (e), (f) and (g).
(i) Of the 30 hours of continuing education credit required at § 23.82 (relating to continuing education hour requirements), the following shall apply:
(1) Continuing education credits earned under subsections (a), (b) and (d) shall account for no less than 50% of the total required hours.
(2) Continuing education credits earned under subsections (e), (f) or (h) shall account for no more than 25% of the total hours individually and not more than 50% of the hours when combined towards the total hours.
(3) Continuing education credits earned under subsection (g) may account for up to 50% of total required hours.
(4) Courses in jurisprudence or ethics shall account for no more than 2 hours of the total.
(5) Courses within the optometric curriculum offered by an accredited school of optometry or medicine in the United States or Canada shall account for no more than 25% of the required biennial credit hours. Two continuing education credit hours will be provided for each semester credit earned, including a course which the licensee audits.
Authority The provisions of this § 23.86 amended under sections 3(b)(12) and (14) and 4.2 of the Optometric Practice and Licensure Act (63 P.S. § § 244.3(b)(12) and (14) and 244.4b).
Source The provisions of this § 23.86 adopted April 16, 1982, effective April 17, 1982, 12 Pa.B. 1231; amended August 6, 2004, effective August 7, 2004, 34 Pa.B. 4147; amended May 14, 2021, effective May 15, 2021, 51 Pa.B. 2633. Immediately preceeding text appears at serial pages (310073) to (310074).
Cross References This section cited in 49 Pa. Code § 23.81 (relating to coverage); 49 Pa. Code § 23.83 (relating to continuing education subject matter); 49 Pa. Code § 23.89 (relating to falsification of information); 49 Pa. Code § 23.91 (relating to fees); and 49 Pa. Code § 23.301 (relating to interpretation relating to sources of continuing education hours—statement of policy).
§ 23.87. Reporting of continuing education credit hours.
(a) 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.
(b) If a course provider does not use an electronic database such as the Association of Regulatory Boards of Optometry’s (ARBO’s) Optometric Education (OE) Tracker to report a continuing education course, the licensee may make arrangements to have the continuing education course entered into an electronic database for compliance purposes.
Authority The provisions of this § 23.87 amended under section 3(b)(12) and (14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(12) and (14)).
Source The provisions of this § 23.87 adopted April 16, 1982, effective April 17, 1982, 12 Pa.B. 1231; amended March 12, 2004, effective March 13, 2004, 34 Pa.B 1453; amended May 14, 2021, effective May 15, 2021, 51 Pa.B. 2633. Immediately preceeding text appears at serial pages (310074) and (305107).
Cross References This section cited in 49 Pa. Code § 23.81 (relating to coverage); 49 Pa. Code § 23.82 (relating to continuing education hour requirements; continuing education reporting; audit and enforcement); and 49 Pa. Code § 23.89 (relating to falsification of information).
§ 23.88. Retention of continuing education records.
Primary responsibility for documenting the continuing education requirements rests with the licensees. The evidence to support fulfillment of those requirements shall be maintained for 6 years after the completion of educational courses. Satisfactory documentation of the necessary information, including the retention of attendance records and written outlines, may be accomplished as follows:
(1) For courses delivered by an approved sponsor or provider, the provider is required to provide each registrant with certification or documented evidence of attendance and satisfactory completion of the courses. The provider is also required to retain records for a minimum of 4 years. The records shall be made available to the Board, upon request.
(2) To qualify, all other continuing education hours shall receive written approval from the Board, which approval shall be retained by the applicant for 6 years.
Source The provisions of this § 23.88 adopted April 16, 1982, effective April 17, 1982, 12 Pa.B. 1231; corrected August 14, 1992, effective August 14, 1982, 22 Pa.B. 4228. Immediately preceding text appears at serial page (171203).
Cross References This section cited in 49 Pa. Code § 23.81 (relating to coverage); and 49 Pa. Code § 23.89 (relating to falsification of information).
§ 23.89. Falsification of information.
Falsification of information required under § § 23.81—23.88 may result in the suspension or revocation of one’s license or the withdrawal of program approval.
Source The provisions of this § 23.89 adopted April 16, 1982, effective April 17, 1982, 12 Pa.B. 1231.
Cross References This section cited in 49 Pa. Code § 23.81 (relating to coverage).
FEES
§ 23.91. Fees.
The following is the schedule of fees for services charged by the Board:
License application … $25
Certified copy of license for each additional practice location … $20
Certification of scores or licensure, or both … $25
Verification of licensure … $15
Biennial renewal—optometrist license … $135
Biennial renewal—certified copy of license for each additional practice location … $20
Application for certification to prescribe and administer pharmaceutical agents for therapeutic purposes … $25
Application for continuing education course or program approval…$45
Application for continuing education provider initial approval for providers under § 23.86(b) (relating to sources of continuing education hours) …$135
Biennial renewal fee for providers approved under § 23.86(b)…$45
Application for licensees seeking continuing education credit retroactively under § 23.86(e) or (h) …$45
Application for certification to treat glaucoma…$25
Authority The provisions of this § 23.91 added under the Optometric Practice and Licensure Act (63 P.S. § § 244.1—244.12); amended under sections 3(b)(12) and (14), 4.2 and 9 of the Optometric Practice and Licensure Act (63 P.S. § § 244.3(b)(12) and (14), 244.4b and 244.9).
Source The provisions of this § 23.91 adopted October 15, 1982, effective October 16, 1982, 12 Pa.B. 3737; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3809; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3497; amended May 23, 1997, effective May 24, 1997, 27 Pa.B. 2543; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2355; corrected May 19, 2000, effective May 13, 2000, 30 Pa.B. 2475; amended August 6, 2004, effective August 7, 2004, 34 Pa.B. 4147; amended May 14, 2021, effective May 15, 2021, 51 Pa.B. 2633. Immediately preceding text appears at serial pages (305109) to (305110).
Cross References This section cited in 49 Pa. Code § 23.12 (relating to application procedure); 49 Pa. Code § 23.21 (relating to reciprocal application); 49 Pa. Code § 23.25 (relating to certification to another state); 49 Pa. Code § 23.26 (relating to volunteer license); 49 Pa. Code § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111); 49 Pa. Code § 23.44 (relating to additional practice locations); 49 Pa. Code § 23.86 (relating to sources of continuing education hours); 49 Pa. Code § 23.202 (relating to application procedure); and 49 Pa. Code § 23.205 (relating to application procedure).
DISCLOSURE
§ 23.101. Disclosure of financial or ownership interest—statement of policy.
(a) Purpose. This section implements the act of May 26, 1988 (P.L. 403, No. 66) (35 P.S. § § 449.21—449.23).
(b) Requirement. A licensee of the Board referring a patient for health-related services, devices or products to a business, service provider, facility or entity in which the licensee or a member of the licensee’s family has a financial or ownership interest to any extent or degree, shall disclose that interest prior to making the referral, and shall notify the patient of his freedom to choose an alternate provider.
(c) Guidelines for disclosure.
(1) Posting notice of disclosure requirement. It is recommended that compliance with the disclosure requirement include the prominent posting of a printed notice at least 8 1/2" x 11", legible from 3 feet, posted in the patient waiting area, as follows:
‘‘Treatment in this office may include a referral for further health-related services, devices or products. Pennsylvania law requires any health-care practitioner to disclose to you any financial interest he has in any health-care facility in which he recommends further health-related services, devices or products. (Act 66-1988)’’
(2) Written notice. When a licensee of the Board makes such a referral, the licensee or a delegate should advise the patient and retain the following document in the patient’s file:
‘‘I have been referred to
. I understand that my (licensee’s profession) has a financial interest in this business, and that I am free to choose an alternate provider.’’ (Signature of Patient)
Source The provisions of this § 23.101 adopted June 26, 1992, effective June 27, 1992, 22 Pa.B. 3187.
CHILD ABUSE REPORTING REQUIREMENTS
§ 23.111. Suspected child abuse—mandated reporting requirements.
(a) General rule.
(1) Under 23 Pa.C.S. § 6311 (relating to persons required to report suspected child abuse), optometrists are considered mandated reporters. A mandated reporter shall make a report of suspected child abuse in accordance with this section if the mandated reporter has reasonable cause to suspect that a child is a victim of child abuse under any of the following circumstances:
(i) The mandated reporter comes into contact with the child in the course of employment, occupation and practice of the profession or through a regularly scheduled program, activity or service.
(ii) The mandated reporter is directly responsible for the care, supervision, guidance or training of the child, or is affiliated with an agency, institution, organization, school, regularly established church or religious organization or other entity that is directly responsible for the care, supervision, guidance or training of the child.
(iii) A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse.
(iv) An individual 14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse.
(2) Nothing in this subsection shall require a child to come before the mandated reporter in order for the mandated reporter to make a report of suspected child abuse.
(3) Nothing in this subsection shall require the mandated reporter to take steps to identify the person responsible for the child abuse, if unknown, in order for the mandated reporter to make a report of suspected child abuse.
(b) Staff members of public or private agencies, institutions and facilities. Whenever an optometrist is required to make a report under subsection (a) in the capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, that optometrist shall report immediately in accordance with subsection (c) and shall immediately thereafter notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge.
(c) Reporting procedure. A mandated reporter shall immediately make a report of suspected child abuse to the Department of Human Services by either:
(1) Making an oral report of suspected child abuse by telephone to ChildLine at (800) 932-0313, followed by a written report within 48 hours to the Department of Human Services or the county agency assigned to the case in a manner and format prescribed by the Department of Human Services. The written report submitted under this paragraph may be submitted electronically.
(2) Making an electronic report of suspected child abuse in accordance with 23 Pa.C.S. § 6305 (relating to electronic reporting) through the Department of Human Service’s Child Welfare Information Solution self-service portal at www.compass.state.pa.us/cwis. A confirmation by the Department of Human Services of the receipt of a report of suspected child abuse submitted electronically relieves the mandated reporter of the duty to make an additional oral or written report.
(d) Written or electronic reports. A written or electronic report of suspected child abuse, shall include the following information, if known:
(1) The names and addresses of the child, the child’s parents and any other person responsible for the child’s welfare.
(2) Where the suspected child abuse occurred.
(3) The age and sex of each subject of the report.
(4) The nature and extent of the suspected child abuse including any evidence of prior abuse to the child or any sibling of the child.
(5) The name and relationship of each individual responsible for causing the suspected abuse and any evidence of prior abuse by each individual.
(6) Family composition.
(7) The source of the report.
(8) The name, telephone number and e-mail address of the person making the report.
(9) The actions taken by the person making the report, including actions taken under 23 Pa.C.S. § § 6314—6317.
(10) Other information which the Department of Human Services may require by regulation.
(11) Other information required by Federal law or regulation.
Authority The provisions of this § 23.111 issued and amended under 23 Pa.C.S. § 6383(b)(2); and section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.111 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5395; amended January 26, 2024, effective January 27, 2024, 54 Pa.B. 368. Immediately preceding text appears at serial pages (415623) to (415624).
Cross References This section cited in 49 Pa. Code § 23.112 (relating to photographs, medical tests and X-rays of child subject to report); 49 Pa. Code § 23.114 (relating to immunity from liability); and 49 Pa. Code § 23.116 (relating to noncompliance).
§ 23.112. Photographs, medical tests and X-rays of child subject to report.
An optometrist required to report suspected child abuse may take or cause to be taken photographs of the child who is subject to a report and, if clinically indicated, cause to be performed a radiological examination and other medical tests on the child. Medical summaries or reports of the photographs, X-rays and relevant medical tests taken shall be sent to the county children and youth social service agency at the time the written report is sent, or within 48 hours after an electronic report is made under § 23.111(c)(2) (relating to suspected child abuse—mandated reporting requirements), or as soon thereafter as possible. The county children and youth social service agency shall have access to actual photographs or duplicates and X-rays and may obtain them or duplicates of them upon request. Medical summaries or reports of the photographs, X-rays and relevant medical tests shall be made available to law enforcement officials in the course of investigating cases under 23 Pa.C.S. § 6340(a)(9) or (10) (relating to release of information in confidential reports).
Authority The provisions of this § 23.112 issued and amended under 23 Pa.C.S. § 6383(b)(2); and section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.112 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5395; amended January 26, 2024, effective January 27, 2024, 54 Pa.B. 368. Immediately preceding text appears at serial page (415624).
Cross References This section cited in 49 Pa. Code § 23.114 (relating to immunity from liability); and 49 Pa. Code § 28.116 (relating to noncompliance).
§ 23.113. Suspected death as a result of child abuse—mandated reporting requirement.
An optometrist who has reasonable cause to suspect that a child died as a result of child abuse shall report that suspicion to the coroner or medical examiner of the county where death occurred or, in the case where the child is transported to another county for medical treatment, to the coroner or medical examiner of the county where the injuries were sustained.
Authority The provisions of this § 23.113 issued and amended under 23 Pa.C.S. § 6383(b)(2); and section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.113 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5395; amended January 26, 2024, effective January 27, 2024, 54 Pa.B. 368. Immediately preceding text appears at serial pages (415624) to (415625).
Cross References This section cited in 49 Pa. Code § 23.114 (relating to immunity from liability); and 49 Pa. Code § 23.116 (relating to noncompliance).
§ 23.114. Immunity from liability.
(a) Under 23 Pa.C.S. § 6318 (relating to immunity from liability) an optometrist who participates in good faith in the making of a report of suspected child abuse, making a referral for general protective services, cooperating or consulting with an investigation including providing information to a child fatality or near fatality review team, testifying in a proceeding arising out of an instance of suspected child abuse or general protective services or engaging in any action authorized under 23 Pa.C.S. § § 6314—6317, shall have immunity from civil and criminal liability that might otherwise result by reason of the optometrist’s actions. For the purpose of any civil or criminal proceeding, the good faith of the optometrist shall be presumed.
(b) The Board will uphold the same good faith presumption in any disciplinary proceeding that might result by reason of an optometrist’s actions under § § 23.111—23.113 (relating to suspected child abuse—mandated reporting requirements; photographs, medical tests and X-rays of child subject to report; and suspected death as a result of child abuse—mandated reporting requirement).
Authority The provisions of this § 23.114 issued and amended under 23 Pa.C.S. § 6383(b)(2); and section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.114 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5395; amended January 26, 2024, effective January 27, 2024, 54 Pa.B. 368. Immediately preceding text appears at serial page (415625).
§ 23.115. Confidentiality—waived.
To protect children from abuse, the reporting requirements of this chapter take precedence over provisions of the act as defined in § 23.1 (relating to definitions) and other ethical principles or professional standards that might otherwise apply to optometrists. In accordance with 23 Pa.C.S. § 6311.1 (relating to privileged communications), privileged communications between a mandated reporter and a patient do not apply to a situation involving child abuse and do not relieve the mandated reporter of the duty to make a report of suspected child abuse.
Authority The provisions of this § 23.115 issued and amended under 23 Pa.C.S. § 6383(b)(2); and section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.115 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5395; amended January 26, 2024, effective January 27, 2024, 54 Pa.B. 368. Immediately preceding text appears at serial page (415625).
§ 23.116. Noncompliance.
(a) Disciplinary action. An optometrist who willfully fails to comply with the reporting requirements in § § 23.111—23.113 (relating to suspected child abuse—mandated reporting requirements; photographs, medical tests and X-rays of child subject to report; and suspected death as a result of child abuse—mandated reporting requirement) will be subject to disciplinary action under section 7(8), (10) and (11) of the act (63 P.S. § 244.7(8), (10) and (11)).
(b) Criminal penalties. Under 23 Pa.C.S. § 6319 (relating to penalties), a mandated reporter who is required to report a case of suspected child abuse or to make a referral to the appropriate authorities, and who willfully fails to do so commits a criminal offense, as follows:
(1) An offense not otherwise specified in paragraphs (2), (3) or (4) is a misdemeanor of the second degree.
(2) An offense is a felony of the third degree if all of the following apply:
(i) The mandated reporter willfully fails to report.
(ii) The child abuse constitutes a felony of the first degree or higher.
(iii) The mandated reporter has direct knowledge of the nature of the abuse.
(3) If the willful failure to report continues while the mandated reporter knows or has reasonable cause to suspect a child is being subjected to child abuse by the same individual, or while the mandated reporter knows or has reasonable cause to suspect that the same individual continues to have direct contact with children through the individual’s employment, program activity or service, the mandated reporter commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the mandated reporter commits a felony of the second degree.
(4) A mandated reporter who, at the time of sentencing for an offense under 23 Pa.C.S. § 6319, has been convicted of a prior offense under 23 Pa.C.S. § 6319, commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the penalty for the second or subsequent offense is a felony of the second degree.
Authority The provisions of this § 23.116 issued and amended under 23 Pa.C.S. § 6383(b)(2); and section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)).
Source The provisions of this § 23.116 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5395; amended January 26, 2024, effective January 27, 2024, 54 Pa.B. 368. Immediately preceding text appears at serial page (415626).
§ 23.117. Child abuse recognition and reporting—mandatory training requirement.
(a) Except as provided in subsection (c), individuals applying to the Board for an initial license shall have completed at least 3 hours of training in child abuse recognition and reporting requirements which has been approved by the Department of Human Services and the Bureau, as set forth in § 23.118 (relating to child abuse recognition and reporting course approval process). The applicant shall certify on the application that the applicant has either completed the required training or has been granted an exemption under subsection (c). The Board will not issue a license unless the Bureau has received an electronic report from an approved course provider documenting the attendance or participation by the applicant or the applicant has obtained an exemption under subsection (c).
(b) Except as provided in subsection (c), licensees seeking renewal of a license issued by the Board shall complete, as a condition of biennial renewal of the license, at least 2 hours of approved continuing education in child abuse recognition and reporting, as a portion of the total continuing education required for biennial license renewal or reactivation set forth in § 23.82 (relating to continuing education hour requirements; continuing education reporting; audit and enforcement). For credit to be granted, the continuing education course or program must be approved by the Bureau, in consultation with the Department of Human Services, as set forth in § 23.118. The Board will not renew a license unless the Bureau has received an electronic report from an approved course provider documenting the attendance or participation by the licensee in an approved course within the applicable biennial renewal period or the licensee has obtained an exemption under subsection (c). If a licensee also holds a license issued by another licensing board within the Bureau that requires mandatory training in child abuse recognition and reporting, credit for completion of an approved course will be applied to both licenses.
(c) An applicant or licensee may apply in writing for an exemption from the training/continuing education requirements set forth in subsections (a) and (b) provided the applicant or licensee meets one of the following:
(1) The applicant or licensee submits documentation demonstrating that:
(i) The applicant or licensee has already completed child abuse recognition training as required by section 1205.6 of the Public School Code of 1949 (24 P.S. § 12-1205.6).
(ii) The training was approved by the Department of Education in consultation with the Department of Human Services.
(iii) The amount of training received equals or exceeds the amount of training or continuing education required under subsection (a) or subsection (b), as applicable.
(iv) For purposes of licensure renewal, the training must have been completed during the relevant biennial renewal period.
(2) The applicant or licensee submits documentation demonstrating that:
(i) The applicant or licensee has already completed child abuse recognition training required by 23 Pa.C.S. § 6383(c) (relating to education and training).
(ii) The training was approved by the Department of Human Services.
(iii) The amount of training received equals or exceeds the amount of training or continuing education required under subsection (a) or subsection (b), as applicable.
(iv) For purposes of licensure renewal, the training must have been completed during the relevant biennial renewal period.
(3) The applicant or licensee submits documentation acceptable to the Board demonstrating why the applicant or licensee should not be subject to the training or continuing education requirement. The Board will not grant an exemption based solely upon proof that children are not a part of the applicant’s or licensee’s practice. Each request for an exemption under this paragraph will be considered on a case-by-case basis. The Board may grant an exemption if it finds that completion of the training or continuing education requirement is duplicative or unnecessary under the circumstances.
(d) Exemptions granted under subsection (c) are applicable only for the biennial renewal period for which the exemption is requested. If an exemption is granted, the Board will issue or renew the license, as applicable. If an exemption is denied, the Board will e-mail the applicant or licensee a discrepancy notice notifying them of the need to either complete an approved course or, if warranted, to submit additional documentation in support of their request for exemption.
Authority The provisions of this § 23.117 added under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 23.117 added January 26, 2024, effective January 27, 2024, 54 Pa.B. 368.
Cross References This section cited in 49 Pa. Code § 23.11 (relating to qualifications for license by examination); 49 Pa. Code § 23.21 (relating to reciprocal application); 49 Pa. Code § 23.26 (relating to volunteer license); 49 Pa. Code § 23.81 (relating to coverage); 49 Pa. Code § 23.82 (relating to continuing education hour requirements; continuing education reporting; audit and enforcement); and 49 Pa. Code § 23.83 (relating to continuing education subject matter).
§ 23.118. Child abuse recognition and reporting course approval process.
(a) An individual, entity or organization may apply for approval to provide mandated reporter training as required under 23 Pa.C.S. § 6383(b) (relating to education and training) by submitting the course materials set forth in subsection (b) simultaneously to the Department of Human Services, Office of Children, Youth and Families, and to the Bureau at the following addresses:
(1) Department of Human Services, Office of Children, Youth and Families, Health and Welfare Building, 625 Forster Street, Harrisburg, PA 17120; or electronically at RA-PWOCYFCPSL@pa.gov.
(2) Bureau of Professional and Occupational Affairs, 2601 North Third Street, P.O. Box 2649, Harrisburg, PA 17105-2649; or electronically at RA-stcpsl[lowbar]course[lowbar]app@pa.gov.
(b) Submissions shall include the following:
(1) Contact information, including mailing address, e-mail address and telephone number, for the agency/course administrator.
(2) General description of the training and course delivery method.
(3) Title of the course.
(4) Timed agenda and estimated hours of training.
(5) Learning objectives.
(6) Intended audience.
(7) Course-related materials, including as applicable:
(i) Handouts.
(ii) Narrated script or talking points.
(iii) Interactive activities or exercises.
(iv) Videos and audio/visual content.
(v) Knowledge checks, quizzes or other means of assessing participant’s understanding of the material.
(vi) For online courses, a transcript or recording of audio training.
(8) Citation of sources, including written permission to use copyrighted material, if applicable.
(9) Anticipated credentials or experience of the presenter, or biography of presenter, if known.
(10) Printed materials used to market the training.
(11) Evaluation used to assess participants’ satisfaction with the training.
(12) Sample certificate of attendance/participation, which shall include all of the following:
(i) Name of participant.
(ii) Title of training.
(iii) Date of training.
(iv) Length of training (2 hours or 3 hours).
(v) Name and signature of the authorized representative of the provider. The signature may be an electronic signature.
(vi) Statement affirming the participant attended the entire course.
(13) Verification of ability to report participation/attendance electronically to the Bureau in a format prescribed by the Bureau.
(c) The Bureau will notify the individual, entity or organization in writing upon approval of the course and will post a list of approved courses on the Bureau’s web site and the Board’s web site.
Authority The provisions of this § 23.118 added under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P.S. § 244.3(b)(14)); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 23.118 added January 26, 2024, effective January 27, 2024, 54 Pa.B. 368.
Cross References This section cited in 49 Pa. Code § 23.83 (relating to continuing education subject matter); and 49 Pa. Code § 23.117 (relating to child abuse recognition and reporting—mandatory training requirement).
CERTIFICATION IN PHARMACEUTICAL AGENTS FOR THERAPEUTIC PURPOSES
§ 23.201. [Reserved].
Source The provisions of this § 23.201 adopted June 5, 1998, effective June 8, 1998, 28 Pa.B. 2586; amended June 14, 2002, effective June 15, 2002, 32 Pa.B. 2886. Immediately preceding text appears at serial pages (244914) to (244915).
§ 23.202. Application procedure.
(a) An applicant for certification under section 4.1(a)(1) of the act (63 P.S. § 244.4a(a)(1)) shall submit the following to the Board:
(1) A completed application obtained from the Board together with the certification fee required by § 23.91 (relating to fees).
(2) Certification on a form provided by the Board from an accredited optometric educational institution in the Unites States or Canada that the applicant graduated from the institution and that a condition for the applicant’s graduation was the successful completion of a minimum of 100 hours in the prescription and administration of pharmaceutical agents for therapeutic purposes.
(3) Certification from the NBEO that the applicant obtained a passing score on the licensure examination to practice optometry which examination included the prescription and administration of pharmaceutical agents for therapeutic purposes.
(b) An applicant for certification under section 4.1(a)(2) of the act shall submit the following to the Board:
(1) A completed application obtained from the Board together with the certification fee required by § 23.91.
(2) Certification on a form provided by the Board from an accredited optometric educational institution in the United States or Canada that the applicant has successfully completed its course consisting of a minimum of 100 hours in the prescription and administration of pharmaceutical agents for therapeutic purposes.
(3) Certification from the NBEO that the applicant has obtained a passing score on an examination on the prescription and administration of pharmaceutical agents for therapeutic purposes, which examination was prepared and administered by a qualified and approved testing organization.
(c) On and after June 6, 1998, applicants for licensure as optometrists by examination who meet the qualifications set forth in the act shall be certified to prescribe and administer pharmaceutical agents for therapeutic purposes without further application.
Authority The provisions of this § 23.202 issued under sections 3(b)(14) and 4.1 of the Optometric Practice and Licensure Act (63 P.S. § § 244.3(b)(14) and 244.4a).
Source The provisions of this § 23.202 adopted June 5, 1998, effective June 6, 1998, 28 Pa.B. 2586; amended June 14, 2002, effective June 15, 2002, 32 Pa.B. 2886. Immediately preceding text appears at serial pages (244915) to (244916).
Cross References This section cited in 49 Pa. Code § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111).
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 have included 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.
Authority The provisions of this § 23.205 issued under sections 3(b)(12) and (14) and 4.2 of the Optometric Practice and Licensure Act (63 P.S. § § 244.3(b)(12) and (14) and 244.4b).
Source The provisions of this § 23.205 adopted August 6, 2004, effective August 7, 2004, 34 Pa.B. 4147.
Cross References This section cited in 49 Pa. Code § 23.27a (relating to license by endorsement under 63 Pa.C.S. § 3111).
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.
Authority The provisions of this § 23.301 added under the Optometric Practice and Licensure Act (63 P.S. § § 244.1—244.12) and section 102 of the Commonwealth Documents Law (45 P.S. § 1102).
Source The provisions of this § 23.301 added October 27, 2023, effective October 28, 2023, 53 Pa.B. 6711.
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