Pennsylvania Advisory Opinions December 09, 1927: AGO 227

Advisory Opinion Text

Pennsylvania State Board of Optometrical Examiners - Candidates from Other States - Requirements-Reciprocity - Discretion of the Board.

The State Board of Optometrical Examiners of Pennsylvania can reciprocate with the State of Ohio if the board is satisfied that the requirements of the ' State of Ohio are equal to those of the Commonwealth of Pennsylvania, and that the State of Ohio grants reciprocity to the Commonwealth of Pennsylvania. It can accept reciprocal candidates on the basis of the requirements at the time the candidates or applicants became licensed in the State from which they apply, provided they present satisfactory proof to their board that the requirements at the time of their admission were equal to or greater than those then in existence in this Commonwealth and that the State which licensed them grants reciprocity to holders of certificates issued by the Pennsylvania Board.

Department of Justice, Sir: Your request for an opinion relative to:

(1) The right of the State Board of Optometrical Examiners of Pennsylvania to reciprocate with the State of Ohio, and

(2) Whether or not your Board should accept reciprocal candidates on the basis of the requirements at the time the candidates became licensed in another State, is at hand.

Section 10 of the Act of March 30, 1917, P. L. 21, as amended by the Act of May 19, 1923, P. L. 260, provides:

"An applicant for a certificate of licensure who has been examined by the State Board of Optometrical Examiners of another State, which through reciprocity similarly accredits the holder of a certificate issued by the Board of Optometrical Education, Examination and Licensure of this Commonwealth to the full privileges or practice within such State, shall, on the payment of a fee of twenty-five dollars to the said board, and on filing in the office of the board a true and attested copy of the Nsaid license, certified by the president or secretary of the State board issuing the same, and showing that the standard of requirements adopted and enforced by said board is equal to that provided for by this act, shall, without further examination, receive a certificate of licensure. * * #"

It is clear, therefore, that it is incumbent upon your Board to grant reciprocity where the applicant has been licensed by a State that has a standard of requirements equal to that provided by the Commonwealth of Pennsylvania.

The State Board of Optometrical Examiners of this Commonwealth is the sole judge of the question of whether or not the State from which the applicant applies for admission to practice in this Commonwealth on the basis of reciprocity has a standard of requirements equal to those laid down by this Commonwealth.

The requirements laid down in this Commonwealth in Section 5 of the Act of March 30, 1917, P. L. 21, as amended by Section 4 of the Act of May 19, 1923, P. L. 260, as amended by Section 1 of the Act of May 13, 1925, P. L. 659, provide that after January first, 1925, the applicant, in order to be entitled to take a standard examination, must have '' graduated from a school or college of optometry approved by the Department of Public Instruction as recommended by the State Board of Optometry on satisfactory completion of a course in optometry of not less than three years."

It is apparent that the requirements laid down by the State of Ohio are not as high as those provided by this Commonwealth, but as your Board must judge this question it is essential that you examine the standard of requirements enforced in the State of Ohio both as to preliminary and secondary education and determine whether or not they meet the requirements of this Commonwealth.

The principle of reciprocity is based on the assumption that the reciprocal candidate or applicant must meet the requirements of the Pennsylvania Act at the time the applicant becomes licensed in the State from which he or she applies for admission on the basis of reciprocity. If the candidate in question applies from the State of Ohio it is necessary for him to show your Board that at the time he was admitted to practice in the State of Ohio, that that State had requirements equal to those in existence at that time in Pennsylvania.

You are therefore advised:

(1) That the State Board of Optometrical Examiners of Pennsylvania can reciprocate with the State of Ohio if the Board is satisfied that the requirements of the State of Ohio are equal to those of the Commonwealth of Pennsylvania and that the State of Ohio grants reciprocity to the Commonwealth of Pennsylvania.

(2) That the State Board of Optometrical Examiners can accept reciprocal candidates on the basis of the requirements at the time the candidates or applicants became licensed in the State from which they apply provided they present satisfactory proof to your Board that the requirements at the time of their admission were equal to or greater than those then in existence in this Commonwealth and that

the State which licensed them grants reciprocity to holders of certificates issued by your Board.

Very truly yours, DEPARTMENT OF JUSTICE,

PENROSE HERTZLER, Special Deputy Attorney General.