Bill Text: NY A03196 | 2011-2012 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2012-05-30 - print number 3196b [A03196 Detail]

Download: New_York-2011-A03196-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3196--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced by M. of A. MORELLE, CLARK, CYMBROWITZ, HOOPER -- Multi-Spon-
         sored  by  -- M.  of A. MILLMAN, ORTIZ, PERRY, WEISENBERG -- read once
         and referred  to  the  Committee  on  Higher  Education  --  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    S 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
   10  PROFESSIONAL SERVICE LIMITED LIABILITY CORPORATION.
   11    2. A. OBTAINING A REGISTRATION. AN OPTICAL STORE SHALL  BE  REGISTERED
   12  AS FOLLOWS:
   13    (1)  THE APPLICATION SHALL BE MADE ON A FORM PRESCRIBED BY THE DEPART-
   14  MENT.
   15    (2) THE APPLICATION SHALL BE ACCOMPANIED  BY  A  FEE  OF  ONE  HUNDRED
   16  EIGHTY  DOLLARS;  PROVIDED  HOWEVER  THAT  PROFESSIONAL  SERVICE LIMITED
   17  LIABILITY CORPORATIONS ARE NOT SUBJECT TO SUCH FEE.
   18    (3) A SEPARATE  REGISTRATION  SHALL  BE  REQUIRED  FOR  EACH  SEPARATE
   19  LOCATION AT WHICH EYE GLASSES OR CONTACT LENSES ARE SOLD.
   20    B.  RENEWAL  OF REGISTRATION. ALL REGISTERED OPTICAL STORE'S REGISTRA-
   21  TIONS SHALL BE RENEWED TRIENNIALLY. THE REGISTRATION RENEWAL APPLICATION
   22  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.
                                                                  LBD05357-02-1
       A. 3196--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. 3196--A                          3
    1  OFFICES OF PROFESSIONAL DISCIPLINE OR PROFESSIONAL MEDICAL  CONDUCT,  AS
    2  APPROPRIATE.
    3    S 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.