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.
STATE OF NEW YORK
________________________________________________________________________
2202--A
2009-2010 Regular Sessions
IN ASSEMBLY
January 15, 2009
___________
Introduced by M. of A. MORELLE, CLARK, CYMBROWITZ, HOOPER, MAYERSOHN --
Multi-Sponsored by -- M. of A. MILLMAN, ORTIZ, PERRY, WEISENBERG --
read once and referred to the Committee on Higher Education -- recom-
mitted to the Committee on Higher Education in accordance with Assem-
bly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 registered by the department as an optical store.
10 2. a. Obtaining a registration. An optical store shall be registered
11 as follows:
12 (1) The application shall be made on a form prescribed by the depart-
13 ment.
14 (2) The application shall be accompanied by a fee of one hundred
15 eighty dollars; provided however that professional service limited
16 liability corporations are not subject to such fee.
17 (3) A separate registration shall be required for each separate
18 location at which eye glasses or contact lenses are sold.
19 b. Renewal of registration. All registered optical store's registra-
20 tions shall be renewed triennially. The registration renewal application
21 shall be accompanied by a fee of one hundred dollars. Such renewal shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04924-02-0
A. 2202--A 2
1 include the submission of such information as may be required by the
2 department, pursuant to regulations of the commissioner, attesting to
3 the adequacy of the facility and such other standards deemed appropriate
4 by the department.
5 c. Display of registration. The registration shall be conspicuously
6 displayed at all times in the registered optical store. The name and
7 address of the owner of a registered optical store shall be conspicuous-
8 ly displayed upon the exterior of such establishment. The name so
9 displayed shall be presumptive evidence of ownership of such registered
10 optical store by such person. The optical store registration shall also
11 bear the name of the licensed ophthalmic dispenser, optometrist or
12 physician having direct supervision of the registered optical store. In
13 the event that such licensed ophthalmic dispenser, optometrist or physi-
14 cian shall no longer have direct supervision of the registered optical
15 store, the owner shall notify the department of such fact and the name
16 of the licensed ophthalmic dispenser, optometrist or physician replacing
17 the ophthalmic dispenser, optometrist or physician named on the license
18 and shall apply for an amended registration showing the change. The
19 amended registration shall be attached to the original registration and
20 displayed in the same manner.
21 d. Change of location. In the event that the location of a registered
22 optical store shall be changed, the owner shall apply to the department
23 for endorsement of the registration for the new location. The fee for
24 such endorsement shall be as is determined by the department, unless it
25 appears to the satisfaction of the department that the change in
26 location is of a temporary nature due to fire, flood or other disaster.
27 e. Conduct of a registered optical store. Every owner of a registered
28 optical store or every ophthalmic dispenser, optometrist or physician in
29 charge of a registered optical store shall be responsible for the proper
30 conduct of the registered optical store and carrying out the provisions
31 of this article. Every registered optical store shall be under the
32 direct supervision of a licensed ophthalmic dispenser, optometrist or
33 physician at all hours when open. No ophthalmic dispenser, optometrist
34 or physician shall have direct supervision of more than one registered
35 optical store at the same time.
36 3. The provisions of this section shall not apply to facilities
37 defined pursuant to article twenty-eight of the public health law and
38 health maintenance organizations which operate an optical dispensing
39 establishment provided the dispensing services or products at the facil-
40 ities are available only to individuals who are in-patients or out-pa-
41 tients at such facilities. Such facilities shall be subject to the
42 provisions of this section, if they render retail or wholesale dispens-
43 ing services or products to the general public.
44 4. Inspection. The department, and its employees designated by the
45 commissioner, shall have the right to enter a registered optical store
46 and inspect, at reasonable times, such establishment and all records
47 required by this article, pertinent equipment, and related facilities,
48 materials, and other items relevant to the operation of such store.
49 5. Revocation or suspension. An optical store registration may be
50 revoked, suspended or subject to such other disciplinary sanctions in
51 accordance with the provisions of article one hundred thirty of this
52 title. The owner of such optical store shall be liable for any fines or
53 financial penalties levied as the result of such disciplinary
54 proceedings. A supervising professional shall also be subject to disci-
55 plinary proceedings for failure to exercise the supervision required by
56 this section. Such disciplinary proceedings shall be conducted by
A. 2202--A 3
1 offices of professional discipline or professional medical conduct, as
2 appropriate.
3 § 2. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law. Effective immediately, any rules and regu-
5 lations necessary to implement the provisions of this act on its effec-
6 tive date are authorized to be made on or before such date.
