Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 23 - STATE BOARD OF OPTOMETRY › GENERAL PROVISIONS › Section 23.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
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).