PRIOR PRINTER'S NO. 3690 PRINTER'S NO. 3846
No. 2781 Session of 1980
INTRODUCED BY MR. POLITE, JUNE 24, 1980
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 15, 1980
AN ACT
1 Amending the act of March 30, 1917 (P.L.21, No.10), entitled "An <--
2 act defining optometry; and relating to the right to practice
3 optometry in the Commonwealth of Pennsylvania, and making
4 certain exceptions; and providing a Board of Optometrical
5 Education, Examination, and Licensure, and means and methods
6 whereby the right to practice optometry may be obtained; and
7 providing for the means to carry out the provisions of this
8 act; and providing for revocation or suspension of licenses
9 given by said board, and providing penalties for violations
10 thereof; and repealing all acts or parts of acts inconsistent
11 therewith," providing for hearing examiners.
12 AMENDING THE ACT OF JUNE 6, 1980 (NO.57), ENTITLED "AN ACT <--
13 REGULATING THE LICENSURE AND PRACTICE OF OPTOMETRY, MAKING
14 REPEALS AND PROVIDING PENALTIES," FURTHER PROVIDING FOR
15 HEARINGS BY THE BOARD OR A HEARING EXAMINER AND PROVIDING FOR
16 LEGISLATIVE OVERSIGHT.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. The second paragraph of section 9, act of March <--
20 30, 1917 (P.L.21, No.10), referred to as the Optometry Practice
21 Law, amended May 28, 1956 (1955 P.L.1631, No.544), is amended
22 THE ACT OF JUNE 6, 1980 (NO.57), KNOWN AS THE "OPTOMETRIC <--
23 PRACTICE AND LICENSURE ACT," IS AMENDED BY ADDING A SECTION to
24 read:
1 Section 9. * * * <--
2 Any person who is the holder of a certificate of licensure,
3 or who is an applicant for examination for a certificate of
4 licensure, against whom is preferred any charge, shall be
5 furnished by the board with a copy of the complaint. [and shall
6 have a hearing before the board, at which hearing, he may be
7 represented by counsel. At such hearing witnesses may be
8 examined for and against the accused respecting the said
9 charges, which examination shall be conducted in the manner
10 usually followed in the taking of testimony before commissions
11 in this Commonwealth.] The board shall appoint, with the
12 approval of the Governor, such hearing examiners as shall be
13 necessary to conduct hearings as may be required under this
14 section. The board shall have the power to adopt and promulgate
15 rules and regulations setting forth the functions, powers,
16 standards and duties to be followed by the hearing examiners.
17 The hearing examiners shall have the power to conduct hearings
18 in accordance with the regulations of the board, and to issue
19 subpoenas requiring the attendance and testimony of individuals
20 or the production of, pertinent books, records, documents and
21 papers by persons whom they believe to have information relevant
22 to any matter pending before the examiner. Such examiner shall
23 also have the power to administer oaths. The hearing examiner
24 shall hear evidence submitted and arguments of counsel, if any,
25 with reasonable dispatch, and shall promptly record his
26 decision, supported by findings of fact, and a copy thereof
27 shall immediately be sent to the board and to counsel of record,
28 or the parties, if not represented. If application for review is
29 made to the board within twenty days from the date of any
30 decision made as a result of a hearing held by a hearing
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1 examiner, the board shall review the evidence, and if deemed
2 advisable by the board, hear argument and additional evidence.
3 As soon as practicable, the board shall make a decision and
4 shall file the same with its finding of the facts on which it is
5 based and send a copy thereof to each of the parties in dispute.
6 The suspension of a certificate of licensure, by reason of the
7 use of stimulants or narcotics, may be revoked when the holder
8 thereof shall have been adjudged by the said board to be cured
9 and capable of practicing optometry. The revocation or
10 suspension for any other cause of a certificate of licensure may
11 be removed at such time as it shall appear to the board to be
12 just and proper to do so.
13 * * *
14 SECTION 7.1. LICENSING POWERS; HEARINGS; LEGISLATIVE OVERSIGHT. <--
15 (A) THE BOARD SHALL HAVE THE FOLLOWING POWERS:
16 (1) TO GRANT, REFUSE, REVOKE OR SUSPEND ANY LICENSE TO
17 PRACTICE OPTOMETRY IN THIS COMMONWEALTH PURSUANT TO THE
18 PROVISIONS OF THIS ACT.
19 (2) TO CONDUCT HEARINGS, INVESTIGATIONS AND DISCOVERY
20 PROCEEDINGS; TO ADMINISTER OATHS OR AFFIRMATIONS TO WITNESSES,
21 TAKE TESTIMONY, ISSUE SUBPOENAS TO COMPEL ATTENDANCE OF
22 WITNESSES OR THE PRODUCTION OF RECORDS, DOCUMENTS OR OTHER
23 MATTER: TO EXERCISE ALL POWER GRANTED BY LAW OR REGULATION IN
24 ACCORDANCE WITH THE GENERAL RULES OF ADMINISTRATIVE PRACTICE AND
25 PROCEDURE. SAID HEARING MAY BE CONDUCTED BY THE BOARD, OR A
26 DESIGNATED REPRESENTATIVE THEREOF, OR BY SUCH HEARING EXAMINER
27 AS SHALL BE APPOINTED BY THE BOARD AND APPROVED BY THE GOVERNOR.
28 THE BOARD SHALL HAVE THE POWER TO ADOPT AND PROMULGATE RULES AND
29 REGULATIONS SETTING FORTH THE FUNCTIONS, POWERS, STANDARDS AND
30 DUTIES TO BE FOLLOWED BY ANY HEARING EXAMINERS APPOINTED BY IT.
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1 THE HEARING EXAMINER SHALL HAVE ALL THOSE POWERS THAT ARE VESTED
2 IN THE BOARD TO CONDUCT HEARINGS. UPON CONCLUSION OF THE
3 PRESENTATION OF THE CASE BY ALL PARTIES INVOLVED, THE EXAMINER
4 SHALL REPORT HIS FINDINGS IN WRITING TO THE BOARD, WHICH
5 WRITINGS SHALL INCLUDE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
6 RECOMMENDED SANCTION, WHICH SHALL THEREUPON BE REVIEWED BY THE
7 BOARD AND AN ORDER ISSUED UPON A MAJORITY VOTE OF THOSE MEMBERS
8 OF THE BOARD.
9 (B) RULES AND REGULATIONS PROPOSED UNDER SUBSECTION (A)(2)
10 SHALL FIRST BE SUBMITTED TO THE SECRETARY OF THE SENATE AND THE
11 CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES WHO SHALL CAUSE THE
12 PROPOSED RULES AND REGULATIONS TO BE PRINTED AND DISTRIBUTED
13 AMONG ALL MEMBERS OF BOTH CHAMBERS IN THE SAME MANNER AS A
14 REORGANIZATION PLAN. IF BOTH BODIES FAIL TO ACT WITHIN 60 DAYS
15 OF RECEIPT OF SUCH RULES AND REGULATIONS, OR WITHIN TEN
16 LEGISLATIVE DAYS AFTER RECEIPT, WHICHEVER SHALL LAST OCCUR,
17 PROPOSED RULES AND REGULATIONS ADOPTED BY THE BOARD SHALL BE
18 PROMULGATED PURSUANT TO THE PROVISIONS OF THE ACT OF JULY 31,
19 1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH
20 DOCUMENTS LAW AND 45 PA.C.S. PART II (RELATING TO PUBLICATION
21 AND EFFECTIVENESS OF COMMONWEALTH DOCUMENTS). IF EITHER CHAMBER
22 DISAPPROVES ANY SUCH RULE OR REGULATION, SUCH INFORMATION SHALL
23 BE CERTIFIED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR
24 PRESIDENT PRO TEMPORE OF THE SENATE TO THE BOARD AND THE
25 PROPOSED RULES OR REGULATIONS SHALL NOT BE PROMULGATED.
26 Section 2. This act shall take effect in 60 days.
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