Revision: Jan. 15, 2010, midnight
SB 348 – AS INTRODUCED
2010 SESSION
10/03
SENATE BILL 348
AN ACT establishing the opticians governing board in the office of licensed allied health professionals.
SPONSORS: Sen. Cilley, Dist 6; Sen. Fuller Clark, Dist 24; Sen. DeVries, Dist 18; Sen. Downing, Dist 22; Sen. Carson, Dist 14; Rep. Hodges, Hills 7; Rep. D. Sullivan, Hills 8; Rep. Pilotte, Hills 16
COMMITTEE: Executive Departments and Administration
This bill establishes the regulation of ophthalmic dispensers and opticians by the opticians governing board as part of the office of licensed allied health professionals. Current regulatory authority over ophthalmic dispensers is with the department of health and human services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2817
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT establishing the opticians governing board in the office of licensed allied health professionals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Ophthalmic Dispensers; Opticians Governing Board Establish in Allied Health Professionals. RSA 327-A is repealed and reenacted to read as follows:
CHAPTER 327-A
OPHTHALMIC DISPENSING
327-A:1 Definitions. In this chapter:
I. “Board” means the opticians governing board established in RSA 328-F.
II. “Ophthalmic dispensing” means the design, verification, and delivery to the intended wearer of lenses, frames, and other specially fabricated optical devices upon prescription. It includes, but is not limited to, prescription analysis and interpretation; the taking of measurements to determine the size, shape, and specifications of the spectacle lenses, frames, or lens forms best suited to the wearer’s needs; the preparation and delivery of work orders to laboratory technicians engaged in grinding lenses and fabricating eyewear; the verification of the quality of finished ophthalmic products, the adjustment of lenses or frames to the intended wearer’s face; the delivery of such ophthalmic products including instruction in hygiene and insertion and removal of contact lenses; and the adjustment, replacement, and reproduction of previously prepared ophthalmic lenses, frames, contact lenses, or other specially fabricated ophthalmic devices. It does not include the alteration without permission of the prescriber of any prescriptions, nor does it include the fitting of contact lenses which may only be performed by ophthalmologists or optometrists pursuant to law regulating such practices, unless the ophthalmic dispenser is in possession of a statement of delegation authorizing the fitting of contact lenses.
III. “Fitting contact lenses” means measurement of the shape of the eye, as well as determining the lens specifications, including base curve, size, shape, thickness, color, and material composition.
IV. “Prescription for spectacle lenses” means a dated and signed, written or oral direction not more than 24 months old from an ophthalmologist or optometrist for therapeutic or corrective lenses which states the prescribed refractive power and when necessary, the vertex distance, cylinder axis, and prism. The oral prescription must be recorded and kept on file for one year by the ophthalmic dispenser.
V. “Prescription for contact lenses” means a dated and signed, written direction specifying that it is for contact lenses and which shall include at least the power, size, curvature, color, and material composition of the contact lenses. A prescription for contact lenses may also include, at the prescriber’s professional discretion, other parameters or instructions such as lens manufacturer, prescription expiration date, number of permitted refills, and a statement prohibiting substitutions. Such parameters or instructions shall be honored by a person filling the prescription. Unless otherwise specified by the prescriber for health reasons, a contact lens prescription shall expire one year from the date of issue.
VI. “Ophthalmic dispenser” or “optician” means anyone who sells or dispenses, upon prescription, spectacles, eyeglasses, or contact lenses, and who is required to be licensed by the board.
VII. “Statement of delegation” means a written, signed statement from the prescribing ophthalmologist or optometrist which authorizes a named ophthalmic dispenser to fit the prescription for contact lenses. The statement shall be written on the prescription for contact lenses or shall be a letter which shall be attached to the prescription for contact lenses.
327-A:2 Licensure of Ophthalmic Dispensers. It shall be unlawful for any person to engage in the business of ophthalmic dispensing or the practice of dispensing contact lenses unless such person is licensed in accordance with this chapter and unless the license of such person is current and valid. No person shall engage in the fitting of contact lenses unless the person has a statement of delegation from an ophthalmologist or optometrist.
327-A:3 Applications for Licensure.
I. An application for licensure under this chapter shall be filed with the board in such form and detail as the board shall require in accordance with RSA 328-F and rules adopted under RSA 541-A, shall be duly signed and verified, shall be available for public inspection, and shall include, but not be limited to:
(a) The name and the business address of the applicant; if an individual, the name under which he or she intends to conduct business; if a partnership, the name and business address of each member thereof, and the name under which the business is to be conducted; if a corporation, the name of the corporation and the name and business address of each of the officers of the corporation.
(b) The place or places, including the complete address or addresses, where the business is to be conducted.
II. Notwithstanding paragraph I, the board may grant initial licenses to ophthalmic dispensers or opticians who were registered by the department of health and human services prior to January 1, 2011 and who hold an active certificate of registration.
327-A:4 Powers and Duties of the Board. In addition to the provisions of RSA 328-F, the powers and duties of the board under this chapter include:
I. Publicizing the procedure for written complaints against licensed ophthalmic dispensers.
II. Adopting such rules under RSA 541-A as are necessary to carry out the purposes of this chapter and RSA 328-F, but in no instance shall the board adopt rules limiting competition, prohibiting truthful advertising, affecting the location or number of practices, or limiting the employment of any person licensed under this chapter.
III. Establishing an apprenticeship program for persons working under the direct supervision of a licensed optician.
IV. Reporting to the governor and council and to the commissioner of the department of health and human services annually on the activities conducted under this chapter.
327-A:5 Display of License. Any person who has been issued a license under this chapter shall conspicuously display such license in the principal place of business of the licensee.
327-A:6 Persons and Practices Not Affected. Nothing in this chapter shall apply to:
I. Licensed physicians and surgeons authorized to practice medicine or surgery and licensed optometrists authorized to practice optometry under the laws of this state.
II. Any individual, firm, or corporation employing persons licensed under this chapter.
III. The activities of any employee of an ophthalmic dispenser, licensed physician, or optometrist if the employee is not engaged in ophthalmic dispensing as defined in RSA 327-A:1. Such activities shall include, but not be limited to, the sale of related products, work performed by laboratory technicians, and the making of minor mechanical repairs on eyeglasses or frames.
327-A:7 Renewal; Continuing Education. Licenses issued under this chapter shall be subject to renewal every 2 years and shall expire unless renewed in the manner prescribed in RSA 328-F. Licenses for ophthalmic dispensing shall be renewed upon the payment of the renewal fee and the completion of 8 credits of continuing education during the previous 2-year period with at least 5 of the continuing education credits earned through live didactic courses. Any national, regional, or state optical company, trade, or professional group is authorized to sponsor continuing education programs approved by the American Board of Opticianry, the National Contact Lens Examiners, or the board. The board shall authorize continuing education programs which contribute to the advancement, extension, or enhancement of the professional skills and the technical knowledge of opticians.
327-A:8 Civil Claims. Any person injured by the actions of a person engaged in the dispensing of ophthalmic devices or contact lenses in violation of any of the provisions of this chapter may bring a civil action to recover damages suffered by reason of the violation.
2 Allied Health Professionals; Definition; Governing Board. Amend RSA 328-F:2, II to read as follows:
II. “Governing boards” means individual licensing boards of athletic trainers, occupational therapy assistants, occupational therapists, recreational therapists, physical therapists, physical therapist assistants, respiratory care practitioners, [and] speech-language pathologists, and opticians.
3 New Paragraph; Allied Health Professionals; Ophthalmic Dispensing. Amend RSA 328-F:2 by inserting after paragraph IX the following new paragraph:
X. “Ophthalmic dispensing” means ophthalmic dispensing as defined in RSA 327-A:1, II.
4 Governing Board; Establishment. Amend RSA 328-F:3, I to read as follows:
I. There shall be established governing boards of athletic trainers, occupational therapists, recreational therapists, respiratory care practitioners, physical therapists, [and] speech-language pathologists, and opticians.
5 New Paragraph; Opticians Governing Board; Appointment. Amend RSA 328-F:4 by inserting after paragraph IX the following new paragraph:
X. The opticians governing board shall consist of 4 licensed opticians who have actively engaged in the practice of ophthalmic dispensing in this state for at least 3 years, and one public member. The initial appointment of professional members may be qualified persons registered by the department of health and human services. All subsequent appointments shall require licensure.
6 Renewals; Opticians Added. Amend RSA 328-F:19, I to read as follows:
I. Initial licenses and renewals shall be valid for 2 years, except that timely and complete application for license renewal by eligible applicants shall continue the validity of the licenses being renewed until the governing board has acted on the renewal application. Licenses issued pursuant to RSA 328-A, RSA 326-G, and RSA 326-J shall expire in even-numbered years and licenses issued pursuant to RSA 326-C, RSA 326-E, [and] RSA 326-F, and RSA 327-A shall expire in odd-numbered years.
7 Effective Date. This act shall take effect January 1, 2011.