NY State Senate Bill 2017-S713

Archive: Last Bill Status - In Senate Committee Higher Education 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to higher education
Jan 04, 2017	referred to higher education

2017-S713 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 144-A §7130, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3662
2013-2014: S1077
2015-2016: S2982

2017-S713 (ACTIVE) - 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

2017-S713 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S713

 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.36613/A.3196B of 2011-12 - Amend and Recommit to Higher Education
S.1077/A.6810 of 2013-14 - Committed to Finance
S. 2982/A. 3644- Moved to Senate Finance Committee

 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.

2017-S713 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    713
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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.
   § 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.
   B. RENEWAL OF REGISTRATION. ALL REGISTERED OPTICAL  STORE'S  REGISTRA-
 TIONS SHALL BE RENEWED TRIENNIALLY. THE REGISTRATION RENEWAL APPLICATION

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

                                                            LBD04330-01-7

 S. 713                              2
 
 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   DISCIPLINARY
 PROCEEDINGS.  A SUPERVISING PROFESSIONAL SHALL ALSO BE SUBJECT TO DISCI-
 PLINARY PROCEEDINGS FOR FAILURE TO EXERCISE THE SUPERVISION REQUIRED  BY

 S. 713                              3
 
 THIS  SECTION.  SUCH  DISCIPLINARY  PROCEEDINGS  SHALL  BE  CONDUCTED BY
 OFFICES OF PROFESSIONAL DISCIPLINE OR PROFESSIONAL MEDICAL  CONDUCT,  AS
 APPROPRIATE.
   § 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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Senate Bill S713

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

2017-S713 (ACTIVE) - Details

2017-S713 (ACTIVE) - Summary

2017-S713 (ACTIVE) - Sponsor Memo

2017-S713 (ACTIVE) - Bill Text download pdf

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Sponsored By

Robert G. Ortt

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

2017-S713 (ACTIVE) - Details

2017-S713 (ACTIVE) - Summary

2017-S713 (ACTIVE) - Sponsor Memo

2017-S713 (ACTIVE) - Bill Text download pdf

Comments