Optometry License Defense
Representation Before the State Board of Optometry
The State Board of Optometry licenses optometrists and certifies them to prescribe and administer pharmaceutical agents for therapeutic purposes and to treat glaucoma. The Board enforces the Act's standards of practice, its limits on prescribing and its requirements for referral to a physician.
Board matters commonly arise from patient complaints, prescribing questions, advertising, a failure to refer a patient whose condition required a physician, and allegations of impairment. Because the Act expressly treats neglect of duty, including a failure to refer, as a ground for discipline, the timing of a referral is often the central issue.
Mimm Law, LLC represents optometrists at every stage of a Board matter, including matters involving the Professional Health Monitoring Program.
Governing Law
- Board
- State Board of Optometry
- Statute
- Optometric Practice and Licensure Act, 63 P.S. § 244.1 et seq.
- Regulations
- 49 Pa. Code Chapter 23
- Licensees
- Optometrists
- Renewal
- Biennial
Who the Board Regulates
- Optometrist license
- Certification to prescribe and administer therapeutic pharmaceutical agents
- Glaucoma certification
- Volunteer license
- Additional practice location notice (certified duplicate license for each location)
Grounds for Discipline
Section 7 of the Optometric Practice and Licensure Act authorizes the Board to discipline a licensee for, among other things:
- Failure to demonstrate the qualifications required for licensure
- Deceit or fraud in obtaining a license or in practice
- Misleading, deceptive, untrue or fraudulent statements or advertising
- Conviction of a felony or a crime of moral turpitude
- Discipline or refusal of a license in another state
- Inability to practice safely because of illness, drugs or alcohol
- Violation of a Board regulation or a prior disciplinary order
- Knowingly aiding an unlicensed person to practice
- Failure to meet acceptable and prevailing standards of optometric practice
- Neglect of duty, including a failure to refer a patient to a physician when required
- Failure to display the license at each practice location
Sanctions the Board May Impose
The Board may refuse, revoke or suspend a license, issue a public reprimand, limit or restrict practice, impose probation, require care, counseling or treatment, or restore a license subject to conditions. The Board may order a temporary suspension where a licensee presents an immediate and clear danger, and a license is automatically suspended upon a felony drug conviction. A revoked license may not be reinstated for at least five years from the revocation, unless a court orders otherwise, and the applicant must reapply.
In addition to the sanctions in the Board's own statute, Chapter 31 of Title 63 of the Pennsylvania Consolidated Statutes authorizes each licensing board to impose a civil penalty of up to $10,000 per violation and to assess the costs of investigation against a licensee found to have violated the law.
Obligations That Often Lead to Board Matters
Prescribing Limits
Therapeutic treatment is subject to the limits in the Act, including required consultation with a physician when treatment extends beyond the permitted period for most conditions, and strict limits on controlled substances.
Liability Insurance
Optometrists must maintain the professional liability coverage the Act requires, with higher limits for glaucoma-certified practitioners, and must report a lapse within 30 days.
Continuing Education and Reporting
Licensees must complete 30 hours of continuing education each biennial period, including therapeutic and glaucoma hours where applicable, and must report convictions and discipline elsewhere within 30 days. The Board's regulations also require reporting within 90 days of a felony or practice-related misdemeanor conviction, out-of-state discipline, an in-patient admission for mental illness or substance treatment, and immunized testimony admitting misconduct. The 30-day deadline in 63 Pa.C.S. § 3104 still applies to convictions and out-of-state discipline.
Matters We Handle
- Patient complaints concerning examinations or prescriptions
- Therapeutic and prescribing authority questions
- Recordkeeping and billing irregularities
- Advertising and business-practice issues
- Continuing education audits
- Criminal charges and convictions affecting licensure
How We Can Help
Board Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Commonwealth files an Order to Show Cause, the time to respond is short, and a respondent who misses the deadline may be held in default and the facts alleged deemed admitted. The firm prepares and files the answer, negotiates a consent agreement where one serves the client's interests, and tries the matter before the hearing examiner or the Board where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Board.
Questions Licensees Ask
A patient's condition worsened after I treated it. Am I at risk?
The Board's inquiry will focus on whether the treatment met prevailing standards and whether the patient was referred when the Act or the standard of care required it. The patient record, including the examination findings and any consultation, is the most important evidence.
Is the Voluntary Recovery Program available to optometrists?
Yes. The Act allows the Board to defer, and ultimately dismiss, corrective action for an impaired optometrist who enters an agreement with the Board and progresses satisfactorily in an approved treatment program; the option is not available after a felony drug conviction.
Are there limits on my advertising?
Yes. Misleading, deceptive or untrue advertising is a ground for discipline, and claims about pricing, credentials and results are frequent subjects of complaints.
Should I speak with an investigator before I have counsel?
A licensee who receives a letter of inquiry, a subpoena or a telephone call from an investigator with the Bureau of Enforcement and Investigation should be courteous and should note the investigator's name and contact information, but should not give a substantive statement before obtaining advice. Anything said to an investigator may be included in the report reviewed by the prosecuting attorney and, later, by the Board. Counsel can determine what is being alleged, gather the relevant records and prepare a response that is accurate, complete and appropriately limited.
Must I report a criminal conviction, plea or ARD, or discipline in another state?
Yes. Pennsylvania law requires every licensee to notify the licensing board in writing within 30 days of discipline imposed by a licensing authority in another jurisdiction and of a finding of guilt, guilty plea, plea of nolo contendere, probation without verdict, disposition in lieu of trial or Accelerated Rehabilitative Disposition on a felony or misdemeanor charge. Some boards' regulations impose additional or earlier reporting duties, including, for nurses and massage therapists, a duty to report the filing of criminal charges within 30 days. A failure to report is itself a ground for discipline, and it is frequently charged alongside the underlying conduct.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.