(a)
Purpose and definitions.
(1)
The following subsections implement the Volunteer Health Services Act
(35
P. S. §§
449.41-449.50) and provide for the
issuance of a volunteer license to a qualified individual who retires from
active practice and seeks to provide professional services as a volunteer. A
volunteer license authorizes the holder to practice only in an organized
community-based clinic without remuneration.
(2) The following words and terms, when used
in this section, have the following meanings, unless the context clearly
indicates otherwise:
Approved clinic-An organized
community-based clinic offering primary health care services to individuals and
families who cannot pay for their care, to Medical Assistance clients or to
residents of medically underserved areas or health professionals shortage
areas. The term includes a State health center, nonprofit community-based
clinic and Federally qualified health center, as designated by Federal
rulemaking or as approved by the Department of Health or the Department of
Public Welfare.
Unrestricted license-A license which is
not restricted or limited by order of the Board under its disciplinary
power.
(b)
License. A volunteer license may be issued to a licensee of
the Board who documents to the satisfaction of the Board that the applicant
will practice without personal remuneration in approved clinics and meets one
of the following conditions:
(1) Holds a
currently renewed, active, unrestricted license as an optometrist in this
Commonwealth and retires from active practice at the time the applicant applies
for a volunteer license.
(2)
Retires from the active practice of optometry in this Commonwealth in
possession of an unrestricted license which was allowed to lapse by not
renewing it. A retired licensee shall meet the requirements of the act or the
regulations pertaining to continued education or continued competency to be
eligible for renewal.
(c)
Applications. An applicant for a volunteer license shall
complete an application obtained from the Board. In addition to providing
information requested by the Board, the applicant shall provide, or cause to be
provided:
(1) An executed verification on
forms provided by the Board certifying that the applicant intends to practice
optometry exclusively:
(i) Without personal
remuneration for professional services.
(ii) In an approved
clinic.
(2) A letter
signed by the director or chief operating officer of an approved clinic that
the applicant has been authorized to provide volunteer services in the named
clinic by the governing body or responsible officer of the clinic.
(3) Evidence of completion of at least 3
hours of approved training in child abuse recognition and reporting in
accordance with §
23.117(a)
(relating to child abuse recognition and reporting-mandatory training
requirement).
(d)
Validity of license. A volunteer license shall be valid for
the biennial period for which it is issued, subject to biennial renewal. During
each biennial renewal period, the licensee shall notify the Board of any change
in clinic or volunteer status within 30 days of the date of a change, or at the
time of renewal, whichever occurs first.
(e)
Biennial renewal. A
volunteer license shall be renewed biennially on forms provided by the Board.
(1) As a condition of biennial renewal, the
applicant shall satisfy the same continuing education requirements as the
holder of an active, unrestricted license, including at least 2 hours of
approved courses in child abuse recognition and reporting in accordance with
§
23.117(b).
(2) The applicant shall be exempt from
payment of the biennial renewal fee of §
23.91 (relating to
fees).
(f)
Return
to active practice. A volunteer license holder who desires to return
to active practice shall notify the Board and apply for biennial registration
on forms provided by the Board.
(g)
Disciplinary provisions. A volunteer license holder shall be
subject to the disciplinary provisions of the act and this chapter. Failure of
the licensee to comply with the Volunteer Health Services Act (35 P. S.
§§
449.41-449.50) or this section may
also constitute grounds for disciplinary action.
Notes
The
provisions of this § 23.26 adopted November 28, 1997, effective
11/28/1997, 27 Pa.B.
6214.
Amended by
Pennsylvania
Bulletin, Vol 54, No. 04. January 27, 2024, effective
1/27/2024
The provisions of this § 23.26 issued under
section 5 of the Volunteer Health Services Act (35 P. S. §
449.45); and section 3(b)(14) of the
Optometric Practice and Licensure Act (63 P. S. §
244.3(b)(14)).