Bill Text: NY S00713 | 2017-2018 | General Assembly | Introduced
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 (Republican 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO HIGHER EDUCATION [S00713 Detail]
Download: New_York-2017-S00713-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 713 2017-2018 Regular Sessions IN SENATE January 4, 2017 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education 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: a. registered by the department as an optical store, or b. a profes- 10 sional service corporation, a limited liability company, a professional 11 service limited liability company, or a registered limited liability 12 partnership. 13 2. a. Obtaining a registration. An optical store shall be registered 14 as follows: 15 (1) The application shall be made on a form prescribed by the depart- 16 ment. 17 (2) The application shall be accompanied by a fee of one hundred 18 eighty dollars; provided however that professional service corporations, 19 limited liability companies, professional service limited liability 20 companies and registered limited liability partnerships are not subject 21 to such fee. 22 (3) A separate registration shall be required for each separate 23 location at which eye glasses or contact lenses are sold. 24 b. Renewal of registration. All registered optical store's registra- 25 tions shall be renewed triennially. The registration renewal application EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04330-01-7S. 713 2 1 shall be accompanied by a fee of one hundred dollars. Such renewal shall 2 include the submission of such information as may be required by the 3 department, pursuant to regulations of the commissioner, attesting to 4 the adequacy of the facility and such other standards deemed appropriate 5 by the department. 6 c. Display of registration. The registration shall be conspicuously 7 displayed at all times in the registered optical store. The name and 8 address of the owner of a registered optical store shall be conspicuous- 9 ly displayed upon the exterior of such establishment. The name so 10 displayed shall be presumptive evidence of ownership of such registered 11 optical store by such person. The optical store registration shall also 12 bear the name of the licensed ophthalmic dispenser, optometrist or 13 physician having direct supervision of the registered optical store. In 14 the event that such licensed ophthalmic dispenser, optometrist or physi- 15 cian shall no longer have direct supervision of the registered optical 16 store, the owner shall notify the department of such fact and the name 17 of the licensed ophthalmic dispenser, optometrist or physician replacing 18 the ophthalmic dispenser, optometrist or physician named on the license 19 and shall apply for an amended registration showing the change. The 20 amended registration shall be attached to the original registration and 21 displayed in the same manner. 22 d. Change of location. In the event that the location of a registered 23 optical store shall be changed, the owner shall apply to the department 24 for endorsement of the registration for the new location. The fee for 25 such endorsement shall be as is determined by the department, unless it 26 appears to the satisfaction of the department that the change in 27 location is of a temporary nature due to fire, flood or other disaster. 28 e. Conduct of a registered optical store. Every owner of a registered 29 optical store or every ophthalmic dispenser, optometrist or physician in 30 charge of a registered optical store shall be responsible for the proper 31 conduct of the registered optical store and carrying out the provisions 32 of this article. Every registered optical store shall be under the 33 direct supervision of a licensed ophthalmic dispenser, optometrist or 34 physician at all hours when open. No ophthalmic dispenser, optometrist 35 or physician shall have direct supervision of more than one registered 36 optical store at the same time. 37 3. The provisions of this section shall not apply to facilities 38 defined pursuant to article twenty-eight of the public health law and 39 health maintenance organizations which operate an optical dispensing 40 establishment provided the dispensing services or products at the facil- 41 ities are available only to individuals who are in-patients or out-pa- 42 tients at such facilities. Such facilities shall be subject to the 43 provisions of this section, if they render retail or wholesale dispens- 44 ing services or products to the general public. 45 4. Inspection. The department, and its employees designated by the 46 commissioner, shall have the right to enter a registered optical store 47 and inspect, at reasonable times, such establishment and all records 48 required by this article, pertinent equipment, and related facilities, 49 materials, and other items relevant to the operation of such store. 50 5. Revocation or suspension. An optical store registration may be 51 revoked, suspended or subject to such other disciplinary sanctions in 52 accordance with the provisions of article one hundred thirty of this 53 title. The owner of such optical store shall be liable for any fines or 54 financial penalties levied as the result of such disciplinary 55 proceedings. A supervising professional shall also be subject to disci- 56 plinary proceedings for failure to exercise the supervision required byS. 713 3 1 this section. Such disciplinary proceedings shall be conducted by 2 offices of professional discipline or professional medical conduct, as 3 appropriate. 4 § 2. This act shall take effect on the one hundred eightieth day after 5 it shall have become a law. Effective immediately, any rules and regu- 6 lations necessary to implement the provisions of this act on its effec- 7 tive date are authorized to be made on or before such date.
