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.

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S3661-2011 Actions

• Jan 4, 2012: REFERRED TO HIGHER EDUCATION
• Mar 1, 2011: REFERRED TO HIGHER EDUCATION

S3661-2011 Memo

BILL NUMBER:S3661

TITLE OF BILL:

An act
to amend the education law, in relation to the practice of
ophthalmic dispensing

PURPOSE:

This bill authorizes opticians, who obtain an additional certification
from the State Education Department, to assess a person's visual
acuity, in order to determine the degree of correction necessary to
compensate for various vision deficiencies such as nearsightedness or
farsightedness through the use of eyeglasses or contact lenses.

SUMMARY OF PROVISIONS:

This amends �7121 of the Education Law which defines opticians' scope
of practice, to authorize opticians to practice visual assessment
under certain conditions. The bill adds three additional subdivisions
to �7121 which define visual assessment, establish certain
educational requirements for opticians to meet in order to be
certified to practice visual assessment, and require opticians to
refer consumers whose vision cannot be corrected through the use of
lenses beyond a certain degree.

JUSTIFICATION:

Visual assessment is the skill necessary to determine the particular
type of lens (eyeglasses or contact lenses) necessary to correct the
usual causes of vision deficiencies. Visual assessment as such is a
mechanical process, not a medical procedure. However, visual
assessment is an essential component of vision care since it
determines the degree of correction lenses must provide in order to
correct the vision deficiencies. Visual assessment does not
constitute an examination of the interior of the eyeball for purposes
of determining pathologies or other medical conditions of the eye. As
a nonmedical process, but one which is essential to the dispensing of
corrective lenses, there is no reason that opticians who are
appropriately trained should not practice visual assessment. The vast
majority of consumers who have vision deficiencies described in this
bill do not have medical conditions attendant to or causing such
deficiencies. In these cases, the need for an eye examination, other
than assessing the consumer's visual acuity, is uncalled for and not
warranted.

The net effect of this bill will be to expand corrective vision
services to the consumer by expanding the number of eye care
practitioners who may perform visual assessment and thereby prescribe
corrective lenses.
This also allows the consumer to obtain prescribing services for correc-
tive lenses from the practitioner who, in the majority of cases, will
ultimately dispense the eyeglasses or contact lenses. The bill also
provides an additional consumer protection by requiring opticians who
perform visual assessment to refer consumers to an ophthalmologist or


optometrist if their vision cannot be corrected beyond a certain
point by lenses. It should be noted that visual assessment is not
foreign to the scope of practice of opticianry presently. Those
opticians who are certified to dispense contact lenses are
essentially skilled in and visually assess consumers presently in
order to properly fit contact lenses. This process is referred to as
over-refracting. In addition, practitioners who would practice visual
assessment must meet additional
education and clinical requirements and be certified by the
commissioner after passing an examination.

FISCAL IMPLICATIONS:

None to the state.

LEGISLATIVE HISTORY:

A.536/S.527 of 2003-2004.
A.1057/S.2509 of 2005-2006.
A.4831 of 2009-2010 - Referred to Higher Education

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law provided, however, the commissioner of
education is hereby authorized to promulgate regulations and take
such other actions necessary to effectuate the purposes of this act
prior to such date.

S3661-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3661

                         2011-2012 Regular Sessions

                              I N  SENATE

                                March 1, 2011
                                 ___________

  Introduced  by  Sen. MAZIARZ -- 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  the  practice  of
    ophthalmic dispensing

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 7121 of the education law, as  amended  by  chapter
  647 of the laws of 2005, is amended to read as follows:

    S  7121. Definition of practice of ophthalmic dispensing. 1. The prac-
  tice of the profession of ophthalmic dispensing is defined  as  adapting
  and  fitting  lenses, for the correction of deficiencies, deformities or
  anomalies of the human eyes,  or  adapting  and  fitting  non-corrective
  contact  lenses,  on  written prescriptions from a licensed physician or
  optometrist OR PURSUANT TO A VISUAL ASSESSMENT PERFORMED BY AN OPHTHALM-
  IC DISPENSER WHO IS CERTIFIED TO PERFORM VISUAL ASSESSMENT IN ACCORDANCE
  WITH THE PROVISIONS OF SUBDIVISION THREE OF THIS  SECTION.  Replacements
  or  duplicates  of  such  lenses  may  be  adapted and dispensed without
  prescription. Contact lenses may be fitted by  an  ophthalmic  dispenser
  only  under  the personal supervision of a licensed physician or optome-
  trist.
    2. AN OPHTHALMIC DISPENSER MAY PRACTICE VISUAL ASSESSMENT ONLY  PURSU-
  ANT TO THE PROVISIONS OF THIS SECTION. VISUAL ASSESSMENT FOR PURPOSES OF
  THIS  SECTION MEANS TO TEST A PERSON'S VISION, BY THE USE OF A SERIES OF
  LENSES AND THEIR ROTATION, TO DETERMINE THE DEGREE OF CORRECTION  NEEDED
  TO  COMPENSATE  FOR  HYPEROPIA,  MYOPIA,  PRESBYOPIA, ASTIGMATISM OR ANY
  COMBINATION OF THESE.
    3. THE COMMISSIONER SHALL  ESTABLISH  BY  REGULATION  EDUCATIONAL  AND
  EXAMINATION  REQUIREMENTS  TO  CERTIFY OPHTHALMIC DISPENSERS TO PRACTICE
  VISUAL ASSESSMENT. SUCH EDUCATIONAL REQUIREMENTS  SHALL  INCLUDE  NINETY
  CONTRACT  HOURS  IN  THE  PRINCIPLES  OF  VISUAL ASSESSMENT OFFERED BY A
  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

 S. 3661                             2

  SUCH  REQUIREMENTS  SHALL  INCLUDE  TWENTY HOURS OF CLINICAL PRACTICE IN
  VISUAL ASSESSMENT UNDER THE SUPERVISION OF  A  LICENSED  OPTOMETRIST  OR
  LICENSED OPHTHALMOLOGIST.
    4. IF AN OPHTHALMIC DISPENSER IS UNABLE TO SELECT LENSES WHICH PROVIDE
  20/30  VISION  IN  EACH  EYE  TO  THE  CLIENT, HE OR SHE SHALL REFER THE
  CONSUMER TO A LICENSED OPHTHALMOLOGIST OR OPTOMETRIST.
    S 2. Notwithstanding the provisions of subdivision 3 of  section  7121
  of  the  education law, as added by section one of this act, the commis-
  sioner of education shall establish by regulation educational and  exam-
  ination requirements to certify ophthalmic dispensers to practice visual
  assessment  who  are licensed and registered prior to the effective date
  of this act; provided, however, that such educational  requirements  may
  include,  but not be limited to, courses, clinical practice, experience,
  or any combination thereof, which is acceptable to such commissioner and
  substantially meets the standards of the educational requirements estab-
  lished pursuant to such subdivision 3 of such section 7121 of the educa-
  tion law.
    S 3. This act shall take effect on the one hundred eightieth day after
  it shall have become a  law;  provided,  however,  the  commissioner  of
  education  is  hereby authorized to promulgate regulations and take such
  other actions necessary to effectuate the purposes of this act prior  to
  such date.