Section 244.3 - Powers and duties of the board(a) The board shall have the following duties:(1) To meet at least four times annually at a place within the Commonwealth determined by the board for the transaction of its business.(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), known as "The Administrative Code of 1929."(2.1) To determine, in accordance with optometric education, training, professional competence and skill, the means and methods for the examination, diagnosis and treatment of conditions of the visual system.(2.2) To establish and approve a course, including an examination, with respect to the prescription and administration of pharmaceutical agents for therapeutic purposes as defined in this act.(2.3) To require optometrists who prescribe and administer pharmaceutical agents for therapeutic purposes to be certified by the board.(2.4) To notify biennially the State Board of Pharmacy of the names of optometrists who have been certified in accordance with section 4.1 with respect to the prescription and administration of pharmaceutical agents for therapeutic purposes.(2.5) To require every licensee to insure liability by purchasing and maintaining professional liability insurance coverage in accordance with the following provisions: (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. 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.(iv) The board, after consultation with the Insurance Commissioner, shall establish standards and procedures by regulation for self-insurance under this paragraph.(3) To record all licenses in its office.(4) To grant a license to practice optometry in this Commonwealth to any applicant for licensure who has passed the prescribed examination and otherwise complied with the provisions of this act.(5) To appoint an Advisory Committee on Continuing Professional Education which shall consist of consultants who are optometric educators and optometric practitioners to serve with the Deputy Secretary for Higher Education or his designee.(6) To submit annually to the Department of State an estimate of the financial requirements of the board for its administrative, investigative, legal and miscellaneous expenses.(7) To submit annually to the House and Senate Appropriations Committees, 15 days after the Governor has submitted his budget to the General Assembly, a copy of the budget request for the upcoming fiscal year which the board previously submitted to the Department of State.(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.(b) The board shall have the following powers:(1) To grant, refuse, revoke, limit or suspend any license to practice optometry in this Commonwealth pursuant to the provisions of this act.(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.(4) To recommend to the Commissioner of Professional and Occupational Affairs such staff as is necessary to carry out the provisions of this act.(5) To incur expenses, retain consultants, appoint committees from its own membership and appoint advisory committees which may include nonboard members.(6) To compensate at a rate fixed by the board, consultants and nonboard members of advisory committees.(7) To authorize the payment of special reimbursements for the secretary of the board or any other designated member of the board for rendering special services authorized by the board.(8) To use qualified board hearing examiners to conduct hearings and prepare adjudications for final review and approval by the board, including disciplinary sanctions. Nothing shall prohibit the board or a designated board member from conducting such hearings.(9) To establish and administer a records system which records shall be open to public inspection during the regular business hours of the board.(10) To hold meetings, other than required by subsection (a), for the conduct of its business upon giving public notice of such meetings.(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.(13) To certify, upon the written request of a licensee and payment of the prescribed fee, that the licensee is qualified for licensure and the practice of optometry in this Commonwealth.(14) To promulgate all rules and regulations necessary to carry out the purposes of this act.(15) To administer and enforce the laws of the Commonwealth relating to those activities involving optometry for which licensing is required under this act and to instruct and require its agents to bring prosecutions for unauthorized and unlawful practice.(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.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.