Bill Text: NY A07978 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 7978 (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 7-0)

Status: (Introduced - Dead) 2014-01-08 - referred to higher education [A07978 Detail]

Download: New_York-2013-A07978-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7978
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 13, 2013
                                      ___________
       Introduced  by  M. of A. MORELLE, COOK, ROBERTS, ROSA -- Multi-Sponsored
         by -- M. of A.  McDONALD, MOSLEY, PEOPLES-STOKES, RIVERA -- read  once
         and referred to the Committee 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02259-01-3
       A. 7978                             2
    1  DEGREE-GRANTING  INSTITUTION  ACCEPTABLE TO THE DEPARTMENT. IN ADDITION,
    2  SUCH REQUIREMENTS SHALL INCLUDE TWENTY HOURS  OF  CLINICAL  PRACTICE  IN
    3  VISUAL  ASSESSMENT  UNDER  THE  SUPERVISION OF A LICENSED OPTOMETRIST OR
    4  LICENSED OPHTHALMOLOGIST.
    5    4. IF AN OPHTHALMIC DISPENSER IS UNABLE TO SELECT LENSES WHICH PROVIDE
    6  20/30  VISION  IN  EACH  EYE  TO  THE  CLIENT, HE OR SHE SHALL REFER THE
    7  CONSUMER TO A LICENSED OPHTHALMOLOGIST OR OPTOMETRIST.
    8    S 2. Notwithstanding the provisions of subdivision 3 of  section  7121
    9  of  the  education law, as added by section one of this act, the commis-
   10  sioner of education shall establish by regulation educational and  exam-
   11  ination requirements to certify ophthalmic dispensers to practice visual
   12  assessment  who  are licensed and registered prior to the effective date
   13  of this act; provided, however, that such educational  requirements  may
   14  include,  but not be limited to, courses, clinical practice, experience,
   15  or any combination thereof, which is acceptable to such commissioner and
   16  substantially meets the standards of the educational requirements estab-
   17  lished pursuant to such subdivision 3 of such section 7121 of the educa-
   18  tion law.
   19    S 3. This act shall take effect on the one hundred eightieth day after
   20  it shall have become a  law;  provided,  however,  the  commissioner  of
   21  education  is  hereby authorized to promulgate regulations and take such
   22  other actions necessary to effectuate the purposes of this act prior  to
   23  such date.