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Pennsylvania Statutes Title 63 P.S. Professions and Occupations (State Licensed) § 244.8. Violations and penalties

Current as of January 01, 2025 | Updated by Findlaw Staff

(a)(1) It is unlawful for any person in the Commonwealth to engage in the practice of optometry or pretend to have a knowledge of any branch or branches of the practice of optometry or to hold himself forth as a practitioner of optometry, unless he has fulfilled the requirements of this act and received a license to practice optometry in this Commonwealth.

(2) A person convicted of practicing optometry without a license shall be guilty of a misdemeanor and shall, on first offense, be subject to a fine of not more than $1,000 or imprisonment of not more than six months, or both. Conviction on each additional offense shall result in a fine of not less than $2,000 and imprisonment of not less than six months or more than one year.

(3) It is unlawful for optometrists to hold themselves out as performing laser surgery or using therapeutic lasers.

(4) It is unlawful for an optometrist to advertise a service prohibited under this act. A person convicted of violating this paragraph commits a summary offense and shall, for a first offense, be subject to a fine of not more than $1,000. A person convicted of a second or subsequent violation shall be subject to a fine of not less than $2,000, and the board may impose a suspension of the person's license for up to 30 days in addition to the fine.

(b) A person convicted of violating a provision of this act, other than of subsection (a), is guilty of a summary offense and shall be fined not more than $500.

(c) In addition to any other civil remedy or criminal penalty provided for in this act, the board, by a vote of the majority of the maximum number of the authorized membership of the board as provided for by this act or by a vote of the majority of the qualified and confirmed membership or a minimum of six members, whichever is greater, may levy a civil penalty of up to $1,000 on any current licensee who violates any provision of this act or on any person who practices optometry without being properly licensed to do so under this act. The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided in 2 Pa.C.S. (relating to administrative law and procedure).

(d) It shall be unlawful for any person to practice or attempt to offer to practice optometry, as defined in this act, without having at the time of so doing a valid, unexpired, unrevoked and unsuspended license issued under this act. The unlawful practice of optometry, as defined in this act, may be enjoined by the courts on petition of the board or the Commissioner of Professional and Occupational Affairs. In any such proceeding, it shall not be necessary to show that any person is individually injured by the actions complained of. If it is found that the respondent has engaged in the unlawful practice of optometry, the court shall enjoin him or her from so practicing unless he or she has been duly licensed. Procedure in such cases shall be the same as in any other injunction suit. The remedy by injunction hereby given is in addition to any other civil or criminal prosecution and punishment.

(e) All fines and civil penalties imposed in accordance with this section shall be paid into the Professional Licensure Augmentation Account.

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 63 P.S. Professions and Occupations (State Licensed) § 244.8. Violations and penalties - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-63-ps-professions-and-occupations-state-licensed/pa-st-sect-63-244-8/

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