§ 244.3. Powers and duties of the board
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)
63 P.S. § 244.3
§ 244.3. Powers and duties of the board
(2) To prescribe the subjects to be tested, authorize written and practical portions of the examination and contract with a professional testing organization for examinations of qualified applicants for licensure at least twice annually at such times and places as designated by the board. All written, oral and practical examinations shall be prepared and administered by a qualified and approved professional testing organization in accordance with section 812.1 of the act of April 9, 1929 (P.L. 177, No. 175),1 known as “The Administrative Code of 1929.”
(2.4) To notify biennially the State Board of Pharmacy of the names of optometrists who have been certified in accordance with section 4.12 with respect to the prescription and administration of pharmaceutical agents for therapeutic purposes.
(i) Beginning with the first license renewal period at least two years after the effective date of this paragraph or upon first making application for licensure, whichever occurs earlier, a licensee shall obtain and maintain, to the satisfaction of the board, professional liability insurance coverage in the minimum amount of $200,000 per occurrence and $600,000 per annual aggregate. The professional liability insurance coverage shall remain in effect as long as the licensee maintains a current license.
(ii) A licensee shall notify the board within 30 days of the licensee's failure to be covered by the required insurance. Failure to notify the board shall be actionable under section 7 or 8.3 Further, the license to practice shall automatically be suspended upon failure to be covered by the required insurance and shall not be restored until submission to the board of satisfactory evidence that the licensee has the required professional liability insurance coverage.
(iii) The board shall accept from licensees as satisfactory evidence of insurance coverage, pursuant to this paragraph, proof of any or all of the following: self-insurance, personally purchased professional liability insurance, professional liability insurance coverage provided by the licensee's employer or any similar type of coverage.
(8) To submit annually to the Professional Licensure Committee of the House of Representatives and to the Consumer Protection and Professional Licensure Committee of the Senate a report containing a description of the types of complaints received, status of cases, board action which has been taken and the length of time from the initial complaint to final board resolution.
(9) To require all optometrists to provide to their patients information on the existence, powers, functions and duties of the board, including the procedure for bringing a complaint to the board. If such information is available through a publication of the Department of State, providing a copy of such publication to the patient may satisfy the requirements of this subsection.
(2) To conduct hearings, investigations and discovery proceedings; to administer oaths or affirmations to witnesses, take testimony, issue subpoenas to compel attendance of witnesses or the production of records; to exercise all powers granted by law or regulation in accordance with the general rules of administrative practice and procedure. The board or its designated hearing examiner may exercise the powers enumerated in this paragraph with regard to both licensed doctors of optometry and persons practicing optometry without a license.
(3) To obtain injunctions from a court of competent jurisdiction upon petition of the commissioner or the board. In any proceeding under this section, it shall not be necessary to show that any person is individually injured by the actions complained of. If the court finds that the respondent has violated this subsection, it shall enjoin him from so practicing or holding himself out as an optometrist until he has been duly licensed or certified. Procedure in such cases shall be the same as in any other injunctive suit.
(11) In consultation with a national accrediting body recognized by the United States Department of Education and the appropriate regional accrediting body recognized by the United States Department of Education, to approve those optometric educational institutions in the United States and Canada which are accredited for the purposes of this act.
(12) In consultation with the Advisory Committee on Continuing Professional Education, to establish and approve by rule and regulation courses of continuing professional optometric education. Only those educational programs as are available to all licensees on a reasonable nondiscriminatory fee basis shall be approved. Programs to be held within or outside of the Commonwealth may receive approval. The number of required hours of study may not exceed those that are available at approved courses held within the Commonwealth during the applicable license renewal period. In cases of certified illness or undue hardship, the board is empowered to waive the continuing education requirement.
(16) To employ or contract, with the approval of the Commissioner of Professional and Occupational Affairs, for qualified optometrists or physicians to assist the board in the conduct of the practical portions of the examinations conducted by the board, for such reasonable compensation, including expenses, as the board shall determine, in accordance with section 812.1 of the act of April 9, 1929 (P.L. 177, No. 175), known as “The Administrative Code of 1929.”
(17) To issue subpoenas upon application of an attorney responsible for representing the Commonwealth in disciplinary actions before the board for the purpose of investigating alleged violations of the disciplinary provisions administered by the board. The board shall have the power to subpoena witnesses, to administer oaths, to examine witnesses or to take testimony or compel the production of books, records, papers and documents as it may deem necessary or proper in and pertinent to any proceeding, investigation or hearing held by it. Optometric records may not be subpoenaed without consent of the patient or without order of a court of competent jurisdiction on a showing that the records are reasonably necessary for the conduct of the investigation. The court may impose such limitations on the scope of the subpoena as are necessary to prevent unnecessary intrusion into patient confidential information. The board is authorized to apply to Commonwealth Court to enforce its subpoenas.
Credits
1980, June 6, P.L. 197, No. 57, § 3, effective in 60 days. Amended 1986, May 15, P.L. 186, No. 58, § 3, imd. effective; 1996, Oct. 30, P.L. 721, No. 130, § 2, imd. effective.
63 P.S. § 244.3, PA ST 63 P.S. § 244.3
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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