Prohibition of Unauthorized Practice
- No person may practice optometry without a valid certificate of registration issued by the Board of Examiners in Optometry.
- Existing registered optometrists under previous laws may apply for registration within one year and are exempt from certain provisions.
- Exceptions: Optometrists serving the US Armed Forces in the Philippines and duly licensed physicians are exempt from registration requirements.
Establishment of the Board of Examiners in Optometry
- A Board of three members is created, appointed by the President upon recommendations, comprising optometrists of good standing with at least ten years of practice.
- Members must take an oath before assuming duties.
Functions and Duties of the Board
- Administer the Act’s provisions and oaths.
- Issue, suspend, or revoke registration certificates.
- Monitor and maintain ethical standards in optometry practice.
- Investigate violations and issue subpoenas for witnesses and documents.
Qualifications of Board Members
- Must be Filipino citizens and residents, at least 30 years old, with good moral character.
- Must be graduates recognized by government and have at least 10 years in optometry practice.
- Must be duly registered as optometrists (except first appointees).
- Must not have conflicts of interest related to optometry educational institutions.
Term and Removal of Board Members
- Term duration: 3 years with staggered initial terms for the first appointees.
- Removal by the President for neglect, incompetency, malpractice, unethical conduct after proper administrative investigation.
- Suspension during investigation possible with temporary replacement.
Executive Support and Record-Keeping
- The Commissioner of Civil Service acts as executive officer overseeing examinations.
- Board secretary manages records; Civil Service Bureau keeps official documents.
Compensation and Regulation Rules
- Board members compensated per examinee.
- The Board sets ethical and professional standards and prescribes relevant collegiate courses subject to Presidential and Civil Service approval.
Examination and Application Process
- Examinations held annually in July under Civil Service rules.
- Applicants must have good moral character, completed high school equivalent, and possess an optometry diploma covering specific academic subjects.
Scope and Results of Examination
- Exams cover all optometry subjects as prescribed.
- Results reported within 120 days to the President for approval.
Oath and Reexamination
- Successful examinees must take a professional oath before practicing.
- Candidates failing thrice must take a review course before re-examination.
Registration and Fees
- Certificates issued only to those 21 years or older upon payment of fees.
- Examination fee: 40 pesos; registration: 30 pesos; duplicate: 5 pesos.
- Half examination fee refunded if application disapproved.
Grounds for Refusal of Registration
- Conviction involving moral turpitude, immoral or dishonorable conduct, unsound mind, or incurable infectious disease.
- Written reasons must be recorded and provided to the applicant.
Suspension and Revocation of Certificates
- For causes such as unprofessional conduct, fraud, incompetency, malpractice, intoxication, employment of unauthorized persons, and false advertising.
- Proper notice and hearing required before action.
Appeal Process
- Decisions of suspension or revocation are appealable to the President, whose decision is final.
Reinstatement and Replacement of Certificates
- Suspension may be lifted and revocation certificates replaced at the Board’s discretion.
- Re-examination may be waived upon reinstatement.
Foreign Reciprocity Requirement
- Foreign applicants can only take the exam if their country allows Filipino optometrists reciprocal practice rights.
Annual Reporting and Public Roster
- Board submits yearly report to the President detailing proceedings and recommendations.
- Annual roster of registered optometrists is prepared and publicly accessible.
Prohibition on Collection of Fees
- Only registered optometrists may charge fees for optometric services.
Penal Provisions and Sanctions
- Violations include practicing without registration, false representation, prescribing lenses without approval, forgery, impersonation, and unauthorized use of optometrist title.
- Penalties include fines (500-2,000 pesos), imprisonment (1 month to 2 years), or both.
Separability Clause
- Invalidity of any law provision does not affect the rest of the Act.
Repealing Clause
- Repeals previous inconsistent laws and regulations.
Effectivity
- Act takes effect upon approval, except certain key sections which commence one year later.