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.
TITLE OF BILL: An act to amend the education law, in relation to registering and operating optical stores
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to place responsibility on optical establishments, as well as the license for adhering to existing laws, rules, and regulations.
SUMMARY OF SPECIFIC PROVISIONS: The owners of retail optical companies operating establishments within the state of New York would be required to register each establishment with the State Education Department (SED); thereby making it possible to thoroughly enforce existing laws, rules and regulations. Currently, without registration, owners of optical establishments are not held accountable for license violations committed within their establishments professional service limited liability corporations are not subject to the application fee. This bill seeks to change that by providing for the registration, inspection, suspension and revocation of registration of optical establishments.
JUSTIFICATION: Currently law, rules and regulations do not apply to the professional conduct of owners of optical stores. Rather, they are concerned solely with licensed professionals employed in said optical establishments.. This bill would extend responsibility to owners of optical establishments to adhere to the same professional conduct laws, rules and regulations as their licensed employees. It is imperative that both be accountable in order to ensure that residents of the State of New York receive the best eye care possible.
PRIOR LEGISLATIVE HISTORY: A.2556/S.2459 of 2007-2008 - Referred to Higher Education. A.2202A of 2009-2010 - Amend and Recommit to Higher Education S.366B/A.3196B of 2011-12 - Amend and Recommit to Higher Education
FISCAL IMPLICATIONS: The Division of Professional Discipline will have the authority to monitor establishments under this provision. The income generated from the registration fees and fines will be used to cover any expenses. Because professional Boards monitoring licensing activities are already in place and because the Division of professional Discipline already has the field staff investigating the professionals employed at these facilities, there will be an excess of income over expenses.
EFFECTIVE DATE: This act shall take effect on the 180th day after it shall have become a law provided, however, that any rule or regulation necessary for the implementation of the foregoing section of the act on its effective date are authorized and directed to be made completed on or before such date.
STATE OF NEW YORK ________________________________________________________________________ 1077 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________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 registering and oper- ating optical stores THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new article 144-A to read as follows: ARTICLE 144-A OPTICAL STORES SECTION 7130. OPTICAL STORES. S 7130. OPTICAL STORES. 1. NO PERSON, FIRM, CORPORATION OR ASSOCIATION SHALL ENGAGE IN THE SALE OF PRESCRIPTION EYE GLASSES OR CONTACT LENSES, UNLESS THE ESTABLISHMENT AT WHICH OR THROUGH WHICH SUCH SALE IS EXECUTED IS: A. REGISTERED BY THE DEPARTMENT AS AN OPTICAL STORE, OR B. A PROFES- SIONAL SERVICE CORPORATION, A LIMITED LIABILITY COMPANY, A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, OR A REGISTERED LIMITED LIABILITY PARTNERSHIP. 2. A. OBTAINING A REGISTRATION. AN OPTICAL STORE SHALL BE REGISTERED AS FOLLOWS: (1) THE APPLICATION SHALL BE MADE ON A FORM PRESCRIBED BY THE DEPART- MENT. (2) THE APPLICATION SHALL BE ACCOMPANIED BY A FEE OF ONE HUNDRED EIGHTY DOLLARS; PROVIDED HOWEVER THAT PROFESSIONAL SERVICE CORPORATIONS, LIMITED LIABILITY COMPANIES, PROFESSIONAL SERVICE LIMITED LIABILITY COMPANIES AND REGISTERED LIMITED LIABILITY PARTNERSHIPS ARE NOT SUBJECT TO SUCH FEE. (3) A SEPARATE REGISTRATION SHALL BE REQUIRED FOR EACH SEPARATE LOCATION AT WHICH EYE GLASSES OR CONTACT LENSES ARE SOLD.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05349-01-3 S. 1077 2
B. RENEWAL OF REGISTRATION. ALL REGISTERED OPTICAL STORE'S REGISTRA- TIONS SHALL BE RENEWED TRIENNIALLY. THE REGISTRATION RENEWAL APPLICATION SHALL BE ACCOMPANIED BY A FEE OF ONE HUNDRED DOLLARS. SUCH RENEWAL SHALL INCLUDE THE SUBMISSION OF SUCH INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT, PURSUANT TO REGULATIONS OF THE COMMISSIONER, ATTESTING TO THE ADEQUACY OF THE FACILITY AND SUCH OTHER STANDARDS DEEMED APPROPRIATE BY THE DEPARTMENT. C. DISPLAY OF REGISTRATION. THE REGISTRATION SHALL BE CONSPICUOUSLY DISPLAYED AT ALL TIMES IN THE REGISTERED OPTICAL STORE. THE NAME AND ADDRESS OF THE OWNER OF A REGISTERED OPTICAL STORE SHALL BE CONSPICUOUS- LY DISPLAYED UPON THE EXTERIOR OF SUCH ESTABLISHMENT. THE NAME SO DISPLAYED SHALL BE PRESUMPTIVE EVIDENCE OF OWNERSHIP OF SUCH REGISTERED OPTICAL STORE BY SUCH PERSON. THE OPTICAL STORE REGISTRATION SHALL ALSO BEAR THE NAME OF THE LICENSED OPHTHALMIC DISPENSER, OPTOMETRIST OR PHYSICIAN HAVING DIRECT SUPERVISION OF THE REGISTERED OPTICAL STORE. IN THE EVENT THAT SUCH LICENSED OPHTHALMIC DISPENSER, OPTOMETRIST OR PHYSI- CIAN SHALL NO LONGER HAVE DIRECT SUPERVISION OF THE REGISTERED OPTICAL STORE, THE OWNER SHALL NOTIFY THE DEPARTMENT OF SUCH FACT AND THE NAME OF THE LICENSED OPHTHALMIC DISPENSER, OPTOMETRIST OR PHYSICIAN REPLACING THE OPHTHALMIC DISPENSER, OPTOMETRIST OR PHYSICIAN NAMED ON THE LICENSE AND SHALL APPLY FOR AN AMENDED REGISTRATION SHOWING THE CHANGE. THE AMENDED REGISTRATION SHALL BE ATTACHED TO THE ORIGINAL REGISTRATION AND DISPLAYED IN THE SAME MANNER. D. CHANGE OF LOCATION. IN THE EVENT THAT THE LOCATION OF A REGISTERED OPTICAL STORE SHALL BE CHANGED, THE OWNER SHALL APPLY TO THE DEPARTMENT FOR ENDORSEMENT OF THE REGISTRATION FOR THE NEW LOCATION. THE FEE FOR SUCH ENDORSEMENT SHALL BE AS IS DETERMINED BY THE DEPARTMENT, UNLESS IT APPEARS TO THE SATISFACTION OF THE DEPARTMENT THAT THE CHANGE IN LOCATION IS OF A TEMPORARY NATURE DUE TO FIRE, FLOOD OR OTHER DISASTER. E. CONDUCT OF A REGISTERED OPTICAL STORE. EVERY OWNER OF A REGISTERED OPTICAL STORE OR EVERY OPHTHALMIC DISPENSER, OPTOMETRIST OR PHYSICIAN IN CHARGE OF A REGISTERED OPTICAL STORE SHALL BE RESPONSIBLE FOR THE PROPER CONDUCT OF THE REGISTERED OPTICAL STORE AND CARRYING OUT THE PROVISIONS OF THIS ARTICLE. EVERY REGISTERED OPTICAL STORE SHALL BE UNDER THE DIRECT SUPERVISION OF A LICENSED OPHTHALMIC DISPENSER, OPTOMETRIST OR PHYSICIAN AT ALL HOURS WHEN OPEN. NO OPHTHALMIC DISPENSER, OPTOMETRIST OR PHYSICIAN SHALL HAVE DIRECT SUPERVISION OF MORE THAN ONE REGISTERED OPTICAL STORE AT THE SAME TIME. 3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FACILITIES DEFINED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND HEALTH MAINTENANCE ORGANIZATIONS WHICH OPERATE AN OPTICAL DISPENSING ESTABLISHMENT PROVIDED THE DISPENSING SERVICES OR PRODUCTS AT THE FACIL- ITIES ARE AVAILABLE ONLY TO INDIVIDUALS WHO ARE IN-PATIENTS OR OUT-PA- TIENTS AT SUCH FACILITIES. SUCH FACILITIES SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION, IF THEY RENDER RETAIL OR WHOLESALE DISPENS- ING SERVICES OR PRODUCTS TO THE GENERAL PUBLIC. 4. INSPECTION. THE DEPARTMENT, AND ITS EMPLOYEES DESIGNATED BY THE COMMISSIONER, SHALL HAVE THE RIGHT TO ENTER A REGISTERED OPTICAL STORE AND INSPECT, AT REASONABLE TIMES, SUCH ESTABLISHMENT AND ALL RECORDS REQUIRED BY THIS ARTICLE, PERTINENT EQUIPMENT, AND RELATED FACILITIES, MATERIALS, AND OTHER ITEMS RELEVANT TO THE OPERATION OF SUCH STORE. 5. REVOCATION OR SUSPENSION. AN OPTICAL STORE REGISTRATION MAY BE REVOKED, SUSPENDED OR SUBJECT TO SUCH OTHER DISCIPLINARY SANCTIONS IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE ONE HUNDRED THIRTY OF THIS TITLE. THE OWNER OF SUCH OPTICAL STORE SHALL BE LIABLE FOR ANY FINES OR FINANCIAL PENALTIES LEVIED AS THE RESULT OF SUCH DISCIPLINARYS. 1077 3
PROCEEDINGS. A SUPERVISING PROFESSIONAL SHALL ALSO BE SUBJECT TO DISCI- PLINARY PROCEEDINGS FOR FAILURE TO EXERCISE THE SUPERVISION REQUIRED BY THIS SECTION. SUCH DISCIPLINARY PROCEEDINGS SHALL BE CONDUCTED BY OFFICES OF PROFESSIONAL DISCIPLINE OR PROFESSIONAL MEDICAL CONDUCT, AS APPROPRIATE. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, any rules and regu- lations necessary to implement the provisions of this act on its effec- tive date are authorized to be made on or before such date.