reglab/statecodes huggingface dataset:
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 › UNLAWFUL PRACTICES › Section 23.61 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(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].
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)).
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 › UNLAWFUL PRACTICES › Section 23.62 - Unlawful practices for optometrists

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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)).
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 › UNLAWFUL PRACTICES › Section 23.63 - Fee sharing

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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)).
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 › UNLAWFUL PRACTICES › Section 23.64 - Professional conduct

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
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 › UNLAWFUL PRACTICES › Section 23.65 - Self-reporting of misconduct required

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 › PROFESSIONAL PRACTICE › Section 23.71 - Patient records

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 › PROFESSIONAL PRACTICE › Section 23.72 - Prescriptions

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 › CONTINUING EDUCATION › Section 23.81 - Coverage

Current through Register Vol. 54, No. 28, July 13, 2024
(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 re- porting-mandatory training
					 requirement).
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).
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 › CONTINUING EDUCATION › Section 23.82 - Continuing education hour requirements; continuing education reporting; audit and enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 › CONTINUING EDUCATION › Section 23.83 - Continuing education subject matter

Current through Register Vol. 54, No. 28, July 13, 2024
(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 oculosystemic 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).
The provisions of this §
													23.83 amended under section
						  3(b)(12) of the Optometric Practice and Licensure Act (63 P.S. §
														244.3(b)(12)).
This section cited in 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).
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 › CONTINUING EDUCATION › Section 23.84 - Provider and program registration

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 › CONTINUING EDUCATION › Section 23.85 - Standards for providers

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 › CONTINUING EDUCATION › Section 23.86 - Sources of continuing education hours

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 › CONTINUING EDUCATION › Section 23.87 - Reporting of continuing education credit hours

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 › CONTINUING EDUCATION › Section 23.88 - Retention of continuing education records

Current through Register Vol. 54, No. 28, July 13, 2024
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.
This section cited in 49 Pa. Code §
													23.81 (relating to coverage); and
						  49 Pa. Code §
													23.89 (relating to falsification
						  of information).
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 › CONTINUING EDUCATION › Section 23.89 - Falsification of information

Current through Register Vol. 54, No. 28, July 13, 2024
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.
This section cited in 49 Pa. Code §
													23.81 (relating to
						  coverage).
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 › FEES › Section 23.91 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
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
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).
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 §
													23.44 (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).
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 › DISCLOSURE › Section 23.101 - Disclosure of financial or ownership interest-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
. 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)
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 › CHILD ABUSE REPORTING REQUIREMENTS › Section 23.111 - Suspected child abuse-mandated reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 › CHILD ABUSE REPORTING REQUIREMENTS › Section 23.112 - Photographs, medical tests and X-rays of child subject to report

Current through Register Vol. 54, No. 28, July 13, 2024
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).
The provisions of this §
													23.112 issued under the Child
						  Protective Services Law,
						  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)).
This section cited in 49 Pa. Code §
													28.116 (relating to
						  noncompliance).
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 › CHILD ABUSE REPORTING REQUIREMENTS › Section 23.113 - Suspected death as a result of child abuse-mandated reporting requirement

Current through Register Vol. 54, No. 28, July 13, 2024
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.
The provisions of this §
													23.113 issued under the Child
						  Protective Services Law,
						  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)).
This section cited in 49 Pa. Code §
													23.116 (relating to
						  noncompliance).
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 › CHILD ABUSE REPORTING REQUIREMENTS › Section 23.114 - Immunity from liability

Current through Register Vol. 54, No. 28, July 13, 2024
(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 §§
											23.211 -
					 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).
The provisions of this §
													23.114 issued under the Child
						  Protective Services Law,
						  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)).
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 › CHILD ABUSE REPORTING REQUIREMENTS › Section 23.115 - Confidentiality-waived

Current through Register Vol. 54, No. 28, July 13, 2024
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.
The provisions of this §
													23.115 issued under the Child
						  Protective Services Law,
						  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)).
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 › CHILD ABUSE REPORTING REQUIREMENTS › Section 23.116 - Noncompliance

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 › CHILD ABUSE REPORTING REQUIREMENTS › Section 23.118 - Child abuse recognition and reporting course approval process

Current through Register Vol. 54, No. 28, July 13, 2024
(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_course_app@ pa.gov.
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 › CERTIFICATION IN PHARMACEUTICAL AGENTS FOR THERAPEUTIC PURPOSES › Section 23.202 - Application procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 › CERTIFICATION TO TREAT GLAUCOMA › Section 23.205 - Application procedure

Current through Register Vol. 54, No. 28, July 13, 2024
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.
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).
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 › INTERPRETATIONS › Section 23.301 - Interpretation relating to sources of continuing education hours-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(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 (realtime) 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.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 25 - STATE BOARD OF OSTEOPATHIC MEDICINE › Subchapter A - GENERAL › Section 25.2 - Admission to practice osteopathic medicine and surgery

Current through Register Vol. 54, No. 28, July 13, 2024
Admission to the practice of osteopathic medicine and
						surgery in this Commonwealth is granted by the Board to applicants who fulfill
						the applicable requirements of the act and Subchapter G (relating to licensing,
						education and graduate training).
The provisions of this §
													25.2 amended under section 16 of
						  the Osteopathic Medical Practice Act (63 P. S. §
														271.16); and section 902(b) of the Health
						  Care Services Malpractice Act (40 P. S. §
														1301.902(b)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 25 - STATE BOARD OF OSTEOPATHIC MEDICINE › Subchapter A - GENERAL › Section 25.3 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
(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 formal proceedings before the Board.
(b) Board delegations of specific cases to a
					 hearing examiner shall be made under sections 901-907 of the Health Care
					 Services Malpractice Act (40 P. S. §§
												1301.901-1301.907) and proceedings shall be
					 conducted in compliance with the requirements of that statute. The rules at 1
					 Pa. Code Part II apply if not inconsistent with that statute.
The provisions of this §
													25.3 amended under section 16 of
						  the Osteopathic Medical Practice Act (63 P. S. §
														271.16); and section 902(b) of the Health
						  Care Services Malpractice Act (40 P. S. §
														1301.902(b)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 25 - STATE BOARD OF OSTEOPATHIC MEDICINE › Subchapter C - PHYSICIAN ASSISTANT PROVISIONS › GENERAL PROVISIONS › Section 25.141 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this subchapter is to implement the
						  provisions of the act which provide for the licensure of physician assistants.
						  The legislation provides for more effective utilization of certain skills of
						  osteopathic physicians enabling them to delegate certain medical tasks to
						  qualified physician assistants when such delegation is consistent with the
						  patient's health and welfare.
The provisions of this §
														25.141 issued under section 506 of
							 The Administrative Code of 1929 (71 P. S. §
															186); and sections 10(h) and 16 of the
							 Osteopathic Medical Practice Act (63 P. S. §
															271.10(h) and
							 271.16); amended under
							 sections 10(f) and (h), 10.1(c), 10.2(f) and 16 of the Osteopathic Medical
							 Practice Act (63 P. S. §§
															271.10(f) and
							 (h),
							 271.10a(c), 271.10b(f) and
							 271.16).