NY State Assembly Bill 2009-A2202

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 09, 2010	print number 2202a
Mar 09, 2010	amend and recommit to higher education
Jan 06, 2010	referred to higher education
Jan 15, 2009	referred to higher education

Bill Amendments

Original

A (Active)

2009-A2202 - Details

Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 144-A §7130, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3196
2013-2014: A6810
2015-2016: A3644

2009-A2202 - Summary

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

2009-A2202 - Bill Text download pdf

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

                                  2202

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. MORELLE, CLARK, CYMBROWITZ, DIAZ, HOOPER, MAYER-
  SOHN -- Multi-Sponsored by -- M. of A. MILLMAN, ORTIZ, PERRY,  WEISEN-
  BERG -- read once and referred 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 REGISTERED BY THE DEPARTMENT AS AN OPTICAL STORE.
  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.
  (3) A SEPARATE  REGISTRATION  SHALL  BE  REQUIRED  FOR  EACH  SEPARATE
LOCATION AT WHICH EYE GLASSES OR CONTACT LENSES ARE SOLD.
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04924-01-9

A. 2202                             2

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  DISCIPLINARY
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.

2009-A2202A (ACTIVE) - Details

Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 144-A §7130, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3196
2013-2014: A6810
2015-2016: A3644

2009-A2202A (ACTIVE) - Summary

2009-A2202A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A2202A

TITLE OF BILL:  An act to amend the education law, in relation to regis-
tering and operating optical stores

TITLE OF BILL:  An act to amend the education law, in relation to regis-
tering 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  establish- ments. 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.5075/S.124 of 2001-2002.
A.1002/S.1415 of 2003-2004.
A.2883/S.3373 of 2005-2006.
A.2556/S.2459 of 2007-2008 - referred 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.

2009-A2202A (ACTIVE) - Bill Text download pdf

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

                                 2202--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. MORELLE, CLARK, CYMBROWITZ, HOOPER, MAYERSOHN --
  Multi-Sponsored by -- M. of A. MILLMAN, ORTIZ,  PERRY,  WEISENBERG  --
  read  once and referred to the Committee on Higher Education -- recom-
  mitted to the Committee on Higher Education in accordance with  Assem-
  bly  Rule  3,  sec.  2  -- 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:

  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 REGISTERED BY THE DEPARTMENT AS AN OPTICAL STORE.
  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 LIMITED
LIABILITY CORPORATIONS 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04924-02-0

A. 2202--A                          2

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   DISCIPLINARY
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

A. 2202--A                          3

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.

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Assembly Bill A2202

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A2202 - Details

2009-A2202 - Summary

2009-A2202 - Bill Text download pdf

2009-A2202A (ACTIVE) - Details

2009-A2202A (ACTIVE) - Summary

2009-A2202A (ACTIVE) - Sponsor Memo

2009-A2202A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A2202

Share this bill

Sponsored By

MORELLE

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A2202 - Details

2009-A2202 - Summary

2009-A2202 - Bill Text download pdf

2009-A2202A (ACTIVE) - Details

2009-A2202A (ACTIVE) - Summary

2009-A2202A (ACTIVE) - Sponsor Memo

2009-A2202A (ACTIVE) - Bill Text download pdf

Comments