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S00713 Summary:

Add Art 144-A 7130, Ed L
Requires optical stores which engage in the sale of prescription eye glasses or contact lenses to be registered with the education department; requires such stores to be under the direct supervision of a physician, ophthalmic dispenser or optometrist; directs department of education to promulgate rules and regulations necessary therefor; requires all optical stores to conspicuously display registration; makes related provisions.
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S00713 Actions:

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S00713 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 4, 2017
        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education
        AN ACT to amend the education law, in relation to registering and  oper-
          ating optical stores
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The education law is amended by adding a new article  144-A
     2  to read as follows:
     3                                ARTICLE 144-A
     4                               OPTICAL STORES
     5  Section 7130. Optical stores.
     6    § 7130. Optical stores. 1. No person, firm, corporation or association
     7  shall  engage in the sale of prescription eye glasses or contact lenses,
     8  unless the establishment at which or through which such sale is executed
     9  is: a. registered by the department as an optical store, or b. a profes-
    10  sional service corporation, a limited liability company, a  professional
    11  service  limited  liability  company,  or a registered limited liability
    12  partnership.
    13    2. a. Obtaining a registration. An optical store shall  be  registered
    14  as follows:
    15    (1)  The application shall be made on a form prescribed by the depart-
    16  ment.
    17    (2) The application shall be accompanied  by  a  fee  of  one  hundred
    18  eighty dollars; provided however that professional service corporations,
    19  limited  liability  companies,  professional  service  limited liability
    20  companies and registered limited liability partnerships are not  subject
    21  to such fee.
    22    (3)  A  separate  registration  shall  be  required  for each separate
    23  location at which eye glasses or contact lenses are sold.
    24    b. Renewal of registration. All registered optical  store's  registra-
    25  tions shall be renewed triennially. The registration renewal application

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 713                              2
     1  shall be accompanied by a fee of one hundred dollars. Such renewal shall
     2  include  the  submission  of  such information as may be required by the
     3  department, pursuant to regulations of the  commissioner,  attesting  to
     4  the adequacy of the facility and such other standards deemed appropriate
     5  by the department.
     6    c.  Display  of  registration. The registration shall be conspicuously
     7  displayed at all times in the registered optical  store.  The  name  and
     8  address of the owner of a registered optical store shall be conspicuous-
     9  ly  displayed  upon  the  exterior  of  such  establishment. The name so
    10  displayed shall be presumptive evidence of ownership of such  registered
    11  optical  store by such person. The optical store registration shall also
    12  bear the name of  the  licensed  ophthalmic  dispenser,  optometrist  or
    13  physician  having direct supervision of the registered optical store. In
    14  the event that such licensed ophthalmic dispenser, optometrist or physi-
    15  cian shall no longer have direct supervision of the  registered  optical
    16  store,  the  owner shall notify the department of such fact and the name
    17  of the licensed ophthalmic dispenser, optometrist or physician replacing
    18  the ophthalmic dispenser, optometrist or physician named on the  license
    19  and  shall  apply  for  an  amended registration showing the change. The
    20  amended registration shall be attached to the original registration  and
    21  displayed in the same manner.
    22    d.  Change of location. In the event that the location of a registered
    23  optical store shall be changed, the owner shall apply to the  department
    24  for  endorsement  of  the registration for the new location. The fee for
    25  such endorsement shall be as is determined by the department, unless  it
    26  appears  to  the  satisfaction  of  the  department  that  the change in
    27  location is of a temporary nature due to fire, flood or other disaster.
    28    e. Conduct of a registered optical store. Every owner of a  registered
    29  optical store or every ophthalmic dispenser, optometrist or physician in
    30  charge of a registered optical store shall be responsible for the proper
    31  conduct  of the registered optical store and carrying out the provisions
    32  of this article. Every registered  optical  store  shall  be  under  the
    33  direct  supervision  of  a licensed ophthalmic dispenser, optometrist or
    34  physician at all hours when open. No ophthalmic  dispenser,  optometrist
    35  or  physician  shall have direct supervision of more than one registered
    36  optical store at the same time.
    37    3. The provisions of  this  section  shall  not  apply  to  facilities
    38  defined  pursuant  to  article twenty-eight of the public health law and
    39  health maintenance organizations which  operate  an  optical  dispensing
    40  establishment provided the dispensing services or products at the facil-
    41  ities  are  available only to individuals who are in-patients or out-pa-
    42  tients at such facilities. Such  facilities  shall  be  subject  to  the
    43  provisions  of this section, if they render retail or wholesale dispens-
    44  ing services or products to the general public.
    45    4. Inspection. The department, and its  employees  designated  by  the
    46  commissioner,  shall  have the right to enter a registered optical store
    47  and inspect, at reasonable times, such  establishment  and  all  records
    48  required  by  this article, pertinent equipment, and related facilities,
    49  materials, and other items relevant to the operation of such store.
    50    5. Revocation or suspension. An  optical  store  registration  may  be
    51  revoked,  suspended  or  subject to such other disciplinary sanctions in
    52  accordance with the provisions of article one  hundred  thirty  of  this
    53  title.  The owner of such optical store shall be liable for any fines or
    54  financial  penalties  levied  as  the  result   of   such   disciplinary
    55  proceedings.  A supervising professional shall also be subject to disci-
    56  plinary proceedings for failure to exercise the supervision required  by

        S. 713                              3
     1  this  section.  Such  disciplinary  proceedings  shall  be  conducted by
     2  offices of professional discipline or professional medical  conduct,  as
     3  appropriate.
     4    § 2. This act shall take effect on the one hundred eightieth day after
     5  it  shall  have become a law. Effective immediately, any rules and regu-
     6  lations necessary to implement the provisions of this act on its  effec-
     7  tive date are authorized to be made on or before such date.
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