Bill Text: NY A03083 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 3083 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to higher education [A03083 Detail]

Download: New_York-2011-A03083-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3083
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   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    S  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    S 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    S 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.