Section 23.65. Self-reporting of misconduct required

(a) An applicant or licensee of the Board shall notify the Board, in writing, within 90 days, of one or more of the following:

(1) A criminal conviction, which term shall include a verdict, a finding of guilt, or a plea of guilty or nolo contendere, to a felony, or to a misdemeanor relating to or arising out of the practice of optometry.

(2) The issuance of a disciplinary action taken by a licensing authority in another state, territory or country.

(3) An in-patient admission to a facility for treatment of a mental disease or disability, or for treatment arising out of the use of alcohol or controlled substances.

(4) Testimony in a court under a grant of immunity or otherwise, admitting misconduct in the practice of optometry, or a violation of the act or this chapter.

(b) The notice required in subsection (a) shall specify the particulars of the event triggering the report sufficient to enable the Board to order additional investigation, in its discretion.

(c) If the Board initiates consequent disciplinary action, compliance with this section may be considered a mitigating circumstance. Failure to comply may be considered an aggravating circumstance, and will be an independent ground for disciplinary action against the applicant or licensee.

The provisions of this § 23.65 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863.

Notation

Authority

The provisions of this § 23.65 issued under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P. S. § 244.3(b)(14)).