S T A T E O F N E W Y O R K
________________________________________________________________________
3607
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
___________
Introduced by M. of A. MORELLE, COOK, ROBERTS -- 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.
LBD04684-01-5
A. 3607 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.