Relates to the practice of ophthalmic dispensing by ophthalmic dispensers pursuant to a visual assessment; provides that the commissioner of education shall establish educational and examination requirements to certify ophthalmic dispensers to practice visual assessment.
STATE OF NEW YORK
________________________________________________________________________
3083
2011-2012 Regular Sessions
IN ASSEMBLY
January 24, 2011
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to the practice of
ophthalmic dispensing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 7121 of the education law, as amended by chapter
2 647 of the laws of 2005, is amended to read as follows:
3 § 7121. Definition of practice of ophthalmic dispensing. 1. The prac-
4 tice of the profession of ophthalmic dispensing is defined as adapting
5 and fitting lenses, for the correction of deficiencies, deformities or
6 anomalies of the human eyes, or adapting and fitting non-corrective
7 contact lenses, on written prescriptions from a licensed physician or
8 optometrist or pursuant to a visual assessment performed by an ophthalm-
9 ic dispenser who is certified to perform visual assessment in accordance
10 with the provisions of subdivision three of this section. Replacements
11 or duplicates of such lenses may be adapted and dispensed without
12 prescription. Contact lenses may be fitted by an ophthalmic dispenser
13 only under the personal supervision of a licensed physician or optome-
14 trist.
15 2. An ophthalmic dispenser may practice visual assessment only pursu-
16 ant to the provisions of this section. Visual assessment for purposes of
17 this section means to test a person's vision, by the use of a series of
18 lenses and their rotation, to determine the degree of correction needed
19 to compensate for hyperopia, myopia, presbyopia, astigmatism or any
20 combination of these.
21 3. The commissioner shall establish by regulation educational and
22 examination requirements to certify ophthalmic dispensers to practice
23 visual assessment. Such educational requirements shall include ninety
24 contract hours in the principles of visual assessment offered by a
25 degree-granting institution acceptable to the department. In addition,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05260-01-1
A. 3083 2
1 such requirements shall include twenty hours of clinical practice in
2 visual assessment under the supervision of a licensed optometrist or
3 licensed ophthalmologist.
4 4. If an ophthalmic dispenser is unable to select lenses which provide
5 20/30 vision in each eye to the client, he or she shall refer the
6 consumer to a licensed ophthalmologist or optometrist.
7 § 2. Notwithstanding the provisions of subdivision 3 of section 7121
8 of the education law, as added by section one of this act, the commis-
9 sioner of education shall establish by regulation educational and exam-
10 ination requirements to certify ophthalmic dispensers to practice visual
11 assessment who are licensed and registered prior to the effective date
12 of this act; provided, however, that such educational requirements may
13 include, but not be limited to, courses, clinical practice, experience,
14 or any combination thereof, which is acceptable to such commissioner and
15 substantially meets the standards of the educational requirements estab-
16 lished pursuant to such subdivision 3 of such section 7121 of the educa-
17 tion law.
18 § 3. This act shall take effect on the one hundred eightieth day after
19 it shall have become a law; provided, however, the commissioner of
20 education is hereby authorized to promulgate regulations and take such
21 other actions necessary to effectuate the purposes of this act prior to
22 such date.
