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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02259-01-3
              

A. 7978                             2

DEGREE-GRANTING  INSTITUTION  ACCEPTABLE TO THE DEPARTMENT. IN ADDITION,
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.