Bill Text: NY A03196 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2012-05-30 - print number 3196b [A03196 Detail]

Download: New_York-2011-A03196-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3196--B
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced by M. of A. MORELLE, CLARK, CYMBROWITZ, HOOPER -- Multi-Spon-
         sored  by  -- M.  of A. MILLMAN, ORTIZ, PERRY, WEISENBERG -- read once
         and referred  to  the  Committee  on  Higher  Education  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said committee -- recommitted to the Committee on Higher Education
         in accordance with Assembly 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:
    1    Section 1. The education law is amended by adding a new article  144-A
    2  to read as follows:
    3                                ARTICLE 144-A
    4                               OPTICAL STORES
    5  SECTION 7130. OPTICAL STORES.
    6    S 7130. OPTICAL STORES. 1. NO PERSON, FIRM, CORPORATION OR ASSOCIATION
    7  SHALL  ENGAGE IN THE SALE OF PRESCRIPTION EYE GLASSES OR CONTACT LENSES,
    8  UNLESS THE ESTABLISHMENT AT WHICH OR THROUGH WHICH SUCH SALE IS EXECUTED
    9  IS: A. REGISTERED BY THE DEPARTMENT AS AN OPTICAL STORE, OR B. A PROFES-
   10  SIONAL SERVICE CORPORATION, A LIMITED LIABILITY COMPANY, A  PROFESSIONAL
   11  SERVICE  LIMITED  LIABILITY  COMPANY,  OR A REGISTERED LIMITED LIABILITY
   12  PARTNERSHIP.
   13    2. A. OBTAINING A REGISTRATION. AN OPTICAL STORE SHALL  BE  REGISTERED
   14  AS FOLLOWS:
   15    (1)  THE APPLICATION SHALL BE MADE ON A FORM PRESCRIBED BY THE DEPART-
   16  MENT.
   17    (2) THE APPLICATION SHALL BE ACCOMPANIED  BY  A  FEE  OF  ONE  HUNDRED
   18  EIGHTY DOLLARS; PROVIDED HOWEVER THAT PROFESSIONAL SERVICE CORPORATIONS,
   19  LIMITED  LIABILITY  COMPANIES,  PROFESSIONAL  SERVICE  LIMITED LIABILITY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05357-05-2
       A. 3196--B                          2
    1  COMPANIES AND REGISTERED LIMITED LIABILITY PARTNERSHIPS ARE NOT  SUBJECT
    2  TO SUCH FEE.
    3    (3)  A  SEPARATE  REGISTRATION  SHALL  BE  REQUIRED  FOR EACH SEPARATE
    4  LOCATION AT WHICH EYE GLASSES OR CONTACT LENSES ARE SOLD.
    5    B. RENEWAL OF REGISTRATION. ALL REGISTERED OPTICAL  STORE'S  REGISTRA-
    6  TIONS SHALL BE RENEWED TRIENNIALLY. THE REGISTRATION RENEWAL APPLICATION
    7  SHALL BE ACCOMPANIED BY A FEE OF ONE HUNDRED DOLLARS. SUCH RENEWAL SHALL
    8  INCLUDE  THE  SUBMISSION  OF  SUCH INFORMATION AS MAY BE REQUIRED BY THE
    9  DEPARTMENT, PURSUANT TO REGULATIONS OF THE  COMMISSIONER,  ATTESTING  TO
   10  THE ADEQUACY OF THE FACILITY AND SUCH OTHER STANDARDS DEEMED APPROPRIATE
   11  BY THE DEPARTMENT.
   12    C.  DISPLAY  OF  REGISTRATION. THE REGISTRATION SHALL BE CONSPICUOUSLY
   13  DISPLAYED AT ALL TIMES IN THE REGISTERED OPTICAL  STORE.  THE  NAME  AND
   14  ADDRESS OF THE OWNER OF A REGISTERED OPTICAL STORE SHALL BE CONSPICUOUS-
   15  LY  DISPLAYED  UPON  THE  EXTERIOR  OF  SUCH  ESTABLISHMENT. THE NAME SO
   16  DISPLAYED SHALL BE PRESUMPTIVE EVIDENCE OF OWNERSHIP OF SUCH  REGISTERED
   17  OPTICAL  STORE BY SUCH PERSON. THE OPTICAL STORE REGISTRATION SHALL ALSO
   18  BEAR THE NAME OF  THE  LICENSED  OPHTHALMIC  DISPENSER,  OPTOMETRIST  OR
   19  PHYSICIAN  HAVING DIRECT SUPERVISION OF THE REGISTERED OPTICAL STORE. IN
   20  THE EVENT THAT SUCH LICENSED OPHTHALMIC DISPENSER, OPTOMETRIST OR PHYSI-
   21  CIAN SHALL NO LONGER HAVE DIRECT SUPERVISION OF THE  REGISTERED  OPTICAL
   22  STORE,  THE  OWNER SHALL NOTIFY THE DEPARTMENT OF SUCH FACT AND THE NAME
   23  OF THE LICENSED OPHTHALMIC DISPENSER, OPTOMETRIST OR PHYSICIAN REPLACING
   24  THE OPHTHALMIC DISPENSER, OPTOMETRIST OR PHYSICIAN NAMED ON THE  LICENSE
   25  AND  SHALL  APPLY  FOR  AN  AMENDED REGISTRATION SHOWING THE CHANGE. THE
   26  AMENDED REGISTRATION SHALL BE ATTACHED TO THE ORIGINAL REGISTRATION  AND
   27  DISPLAYED IN THE SAME MANNER.
   28    D.  CHANGE OF LOCATION. IN THE EVENT THAT THE LOCATION OF A REGISTERED
   29  OPTICAL STORE SHALL BE CHANGED, THE OWNER SHALL APPLY TO THE  DEPARTMENT
   30  FOR  ENDORSEMENT  OF  THE REGISTRATION FOR THE NEW LOCATION. THE FEE FOR
   31  SUCH ENDORSEMENT SHALL BE AS IS DETERMINED BY THE DEPARTMENT, UNLESS  IT
   32  APPEARS  TO  THE  SATISFACTION  OF  THE  DEPARTMENT  THAT  THE CHANGE IN
   33  LOCATION IS OF A TEMPORARY NATURE DUE TO FIRE, FLOOD OR OTHER DISASTER.
   34    E. CONDUCT OF A REGISTERED OPTICAL STORE. EVERY OWNER OF A  REGISTERED
   35  OPTICAL STORE OR EVERY OPHTHALMIC DISPENSER, OPTOMETRIST OR PHYSICIAN IN
   36  CHARGE OF A REGISTERED OPTICAL STORE SHALL BE RESPONSIBLE FOR THE PROPER
   37  CONDUCT  OF THE REGISTERED OPTICAL STORE AND CARRYING OUT THE PROVISIONS
   38  OF THIS ARTICLE. EVERY REGISTERED  OPTICAL  STORE  SHALL  BE  UNDER  THE
   39  DIRECT  SUPERVISION  OF  A LICENSED OPHTHALMIC DISPENSER, OPTOMETRIST OR
   40  PHYSICIAN AT ALL HOURS WHEN OPEN. NO OPHTHALMIC  DISPENSER,  OPTOMETRIST
   41  OR  PHYSICIAN  SHALL HAVE DIRECT SUPERVISION OF MORE THAN ONE REGISTERED
   42  OPTICAL STORE AT THE SAME TIME.
   43    3. THE PROVISIONS OF  THIS  SECTION  SHALL  NOT  APPLY  TO  FACILITIES
   44  DEFINED  PURSUANT  TO  ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND
   45  HEALTH MAINTENANCE ORGANIZATIONS WHICH  OPERATE  AN  OPTICAL  DISPENSING
   46  ESTABLISHMENT PROVIDED THE DISPENSING SERVICES OR PRODUCTS AT THE FACIL-
   47  ITIES  ARE  AVAILABLE ONLY TO INDIVIDUALS WHO ARE IN-PATIENTS OR OUT-PA-
   48  TIENTS AT SUCH FACILITIES. SUCH  FACILITIES  SHALL  BE  SUBJECT  TO  THE
   49  PROVISIONS  OF THIS SECTION, IF THEY RENDER RETAIL OR WHOLESALE DISPENS-
   50  ING SERVICES OR PRODUCTS TO THE GENERAL PUBLIC.
   51    4. INSPECTION. THE DEPARTMENT, AND ITS  EMPLOYEES  DESIGNATED  BY  THE
   52  COMMISSIONER,  SHALL  HAVE THE RIGHT TO ENTER A REGISTERED OPTICAL STORE
   53  AND INSPECT, AT REASONABLE TIMES, SUCH  ESTABLISHMENT  AND  ALL  RECORDS
   54  REQUIRED  BY  THIS ARTICLE, PERTINENT EQUIPMENT, AND RELATED FACILITIES,
   55  MATERIALS, AND OTHER ITEMS RELEVANT TO THE OPERATION OF SUCH STORE.
       A. 3196--B                          3
    1    5. REVOCATION OR SUSPENSION. AN  OPTICAL  STORE  REGISTRATION  MAY  BE
    2  REVOKED,  SUSPENDED  OR  SUBJECT TO SUCH OTHER DISCIPLINARY SANCTIONS IN
    3  ACCORDANCE WITH THE PROVISIONS OF ARTICLE ONE  HUNDRED  THIRTY  OF  THIS
    4  TITLE.  THE OWNER OF SUCH OPTICAL STORE SHALL BE LIABLE FOR ANY FINES OR
    5  FINANCIAL   PENALTIES   LEVIED   AS  THE  RESULT  OF  SUCH  DISCIPLINARY
    6  PROCEEDINGS. A SUPERVISING PROFESSIONAL SHALL ALSO BE SUBJECT TO  DISCI-
    7  PLINARY  PROCEEDINGS FOR FAILURE TO EXERCISE THE SUPERVISION REQUIRED BY
    8  THIS SECTION.  SUCH  DISCIPLINARY  PROCEEDINGS  SHALL  BE  CONDUCTED  BY
    9  OFFICES  OF  PROFESSIONAL DISCIPLINE OR PROFESSIONAL MEDICAL CONDUCT, AS
   10  APPROPRIATE.
   11    S 2. This act shall take effect on the one hundred eightieth day after
   12  it shall have become a law. Effective immediately, any rules  and  regu-
   13  lations  necessary to implement the provisions of this act on its effec-
   14  tive date are authorized to be made on or before such date.