Section 244.7 - Reasons for refusal, suspension, revocation or other corrective actions; powers of board and actions authorized(a) The board shall have the power to refuse, revoke, limit or suspend a license, or take other corrective action authorized hereunder against an optometrist licensed to practice optometry in this Commonwealth for any or all of the following reasons: (1) Failure of an applicant for licensure to demonstrate the necessary qualifications as provided in this act or the rules and regulations of the board.(2) Failure to permanently display in any location in which he practices a license or a certified copy of a license issued by the board.(3) Use of deceit or fraud in obtaining a license or in the practice of optometry.(4) Making misleading, deceptive, untrue or fraudulent representations or advertisements in the practice of optometry.(5) Conviction of a felony or a crime involving moral turpitude. Conviction shall include a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere.(6) Revocation, suspension or refusal to grant a license to practice optometry, or imposition of other disciplinary action, by the proper licensing authority of another state, territory or country.(7) Being unable to practice the profession with reasonable skill and safety to patients by reason of illness, addiction to drugs or alcohol, having been convicted of a felonious act prohibited under the act of April 14, 1972 (P.L. 233, No. 64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," or convicted of a felony relating to a controlled substance in a court of law of the United States or any other state, territory, possession or country, or if he or she is or shall become mentally incompetent. An applicant's statement on the application declaring the absence of a conviction shall be deemed satisfactory evidence of the absence of a conviction unless the board has some evidence to the contrary. In enforcing this paragraph, the board shall, upon probable cause, have authority to compel a practitioner to submit to a mental or physical examination by a physician or a psychologist approved by the board. Failure of a practitioner to submit to such an examination when directed by the board, unless such failure is due to circumstances beyond his or her control, shall constitute an admission of the allegations against him or her, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A practitioner affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume a competent practice of his or her profession with reasonable skill and safety to patients.(8) Violation of a regulation promulgated or order issued by the board in a previous disciplinary proceeding against that licensee or applicant for licensure.(9) Knowingly aiding, assisting, procuring or advising an unlicensed person, or person who is in violation of this act, or the rules and regulations of the board, to practice optometry.(10) Failure to conform to, the acceptable and prevailing standards of optometric practice in rendering professional service to a patient. Actual injury to a patient need not be established.(11) Neglect of duty in the practice of optometry, which may include failure to refer a patient, when appropriate, to a physician for consultation or further treatment when an optometric examination determines the presence of a pathology.(b) When the board finds that the license of a person may be refused, revoked or suspended the board may: (1) Refuse, revoke or suspend a license.(2) Administer a public reprimand.(3) Limit or otherwise restrict the licensee's practice under this act.(4) Suspend any enforcement under this subsection and place an optometrist on probation, with the right to vacate the probationary order and impose the enforcement.(5) Require a licensee to submit to the care, counseling or treatment of a physician or a psychologist designated by the board.(6) Restore or reissue, in its discretion, a suspended license to practice optometry and impose any disciplinary or corrective measure which it might originally have imposed.(c) A person affected by any action of the board under this section shall be afforded an opportunity to demonstrate that he is no longer in violation of this section.(d) A person may complain of a violation of the provisions of this act or the rules and regulations of the board by filing a written complaint with the board. The board shall decide either to dismiss the case, issue an injunction, or hold a hearing in accordance with the general rules of administrative practice and procedure. If the person filing the complaint is a member of the board, he shall disqualify himself from participating as a member of the board in all procedures related to the complaint which he filed.(e) Actions of the board shall be taken subject to the right of notice, hearing, adjudication and appeal accorded by law.(f) Unless ordered to do so by a court, the board shall not reinstate the license of a person to practice as an optometrist which has been revoked until at least five years have elapsed from the effective date of the revocation. A person shall be required to apply for a license after such five-year period in accordance with section 4 if he or she desires to practice optometry at any time after such revocation.(g) A license issued under this act shall automatically be suspended upon the legal commitment of a licensee to an institution because of mental incompetency from any cause upon filing with the board a certified copy of such commitment; conviction of a felony under the act of April 14, 1972 (P.L. 233, No. 64), known as "The Controlled Substance, Drug, Device and Cosmetic Act"; or conviction of an offense under the laws of another jurisdiction which, if committed in Pennsylvania, would be a felony under "The Controlled Substance, Drug, Device and Cosmetic Act." As used in this section the term "conviction" shall include a judgment, an admission of guilt or a plea of nolo contendere. Automatic suspension under this section shall not be stayed pending any appeal of a conviction. Restoration of such license shall be made as provided in this act for revocation or suspension of such license.(h) The board shall temporarily suspend a license under circumstances as determined by the board to be an immediate and clear danger to the public health or safety. The board shall issue an order to that effect without a hearing, but upon due notice to the licensee concerned, at his last known address, which shall include a written statement of all allegations against the licensee. The provisions of subsection (f) shall not apply to temporary suspension. The board shall thereupon commence formal action to suspend, revoke or restrict the license of the person concerned as otherwise provided for in this act. All actions shall be taken promptly and without delay. Within 30 days following the issuance of an order temporarily suspending a license, registration or certificate, the board shall conduct, or cause to be conducted, a preliminary hearing to determine that there is a prima facie case supporting the suspension. The licensee whose license has been temporarily suspended may be present at the preliminary hearing and may be represented by counsel, cross-examine witnesses, inspect physical evidence, call witnesses, offer evidence and testimony and make a record of the proceedings. If it is determined that there is not a prima facie case, the suspended license shall be immediately restored. The temporary suspension shall remain in effect until vacated by the board but in no event longer than 180 days.(i) The board shall require a person whose license has been suspended or revoked to return the license in such manner as the board directs. Failure to surrender the license shall be a misdemeanor of the third degree.1980, June 6, P.L. 197, No. 57, § 7, effective in 60 days. Amended 1986, May 15, P.L. 186, No. 58, § 6, imd. effective; 1996, Oct. 30, P.L. 721, No. 130, § 5, imd. effective.