SENATE, No. 1614
STATE OF NEW JERSEY
INTRODUCED OCTOBER 24, 1996
By Senator KYRILLOS
An Act to provide for the regulation and certification of contact lens dispensers, supplementing P.L.1952, c.336 (C.52:17B-41.1 et seq.) and repealing P.L.1991, c.447.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Contact Lens Dispenser Act."
2. As used in this act:
a. "Board" means the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians.
b. "Practice of contact lens dispensing" means the design, measurement, verification, fitting and delivery of contact lenses to the patient based upon the prescription of powers for vision of the patient and approval for contact lenses as provided in the prescription of a licensed optometrist or physician. The practice includes, but is not limited to, the analysis and interpretation of prescriptions and specifications for contact lenses; the taking of measurements to determine the size, shape and specifications of contact lenses; the preparation of orders and the grinding for fabricating of contact lenses; the verification of the quality of contact lenses; the adjustment of contact lenses to the patient's eyes; the instruction of the patient as to the proper insertion, removal, care and the use of the contact lenses; and the adjustment, reevaluation, repair, duplication, reproduction and replacement of previously prepared contact lenses. The practice shall not include the examination of the eye for the purpose of ascertaining any departure from normal vision.
c. "Prescription" means written instructions or orders from a licensed physician or optometrist stating the powers of vision of a person.
d. "Duplication" means the replacement or reproduction of contact lenses based upon a prescription or specifications of record.
e. "Contact lens dispenser" means a person certified to practice contact lens dispensing pursuant to the provisions of this act.
3. There is created in the Division of Consumer Affairs of the Department of Law and Public Safety, within the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, a Contact Lens Dispensers Advisory Committee which shall ascertain the facts concerning the dispensing, fitting and sale of contact lenses for the purpose of advising the board about the need for, and desirability of, rules and regulations to promote the health, safety and welfare of the public, and to effectuate the purposes of this act.
The advisory committee shall consist of three members appointed by the board with the approval of the Director of the Division of Consumer Affairs. One member of the advisory committee shall be a physician licensed to practice in the State of New Jersey with a minimum of five years of current experience in the dispensing of contact lenses; one member shall be an optometrist licensed to practice in the State of New Jersey with a minimum of five years of current experience in the dispensing of contact lenses; and one member shall be experienced in the practice of contact lens dispensing and be a faculty member or instructor in a board-approved ophthalmic science program. After the board has certified one or more contact lens dispensers in accordance with the provisions of this act who the board judges to be qualified to serve on the advisory committee, a fourth member who is a contact lens dispenser shall be appointed by the board with the approval of the Director of the Division of Consumer Affairs; and thereafter the advisory committee shall consist of four members. Members of the advisory committee shall be appointed for a term of three years and shall serve thereafter until reappointed or until a successor is named.
4. No person, except a licensed optometrist or physician, shall represent himself to be a contact lens dispenser or shall engage in the practice of contact lens dispensing unless he is certified in accordance with the provisions of this act.
5. a. The board shall meet on a regular basis to act upon the applications of candidates for certification as contact lens dispensers.
b. The board shall certify as a contact lens dispenser any person who:
(1) Is an ophthalmic dispenser licensed to practice in this State;
(2) Provides the board with satisfactory evidence of the successful completion of a board-approved educational program or another course of study deemed by the board to be substantially similar to the board-approved educational program;
(3) Successfully completes a clinical program approved by the board for the training of contact lens dispensers or successfully completes at least one year of satisfactory training and experience as an apprentice in the dispensing of contact lenses pursuant to section 8 of this act;
(4) Passes a board-approved written examination in the practice of contact lens dispensing; and
(5) Passes a board-approved practical examination.
6. The board shall administer a written examination to candidates for certification as contact lens dispensers at least twice each year. The board shall employ the National Contact Lens Examiners examination as its written examination for two years following the effective date of this act.
7. If a candidate fails an examination required by this act on three consecutive occasions, the candidate may continue to retake that examination only if the required education or training has been completed within three years of the next administration of the examination.
8. A candidate for certification as a contact lens dispenser who chooses to participate in a board-approved apprenticeship program shall first obtain a training permit from the board, which shall expire after two years.
The apprenticeship training shall be under the supervision of a physician, optometrist or licensed ophthalmic dispenser certified as a contact lens dispenser and shall consist of experience in the fitting and adapting of contact lenses, the verification and interpretation of prescriptions for contact lenses, and other aspects of the practice and theory of contact lens dispensing. The candidate's preceptor shall certify to the board that the candidate has successfully completed the training before the candidate may qualify to take the written examination administered by the board for certification.
A contact lens apprentice shall apply for and pass one of the first three written examinations for certification administered by the board immediately following the completion of his first year of apprenticeship, but the board may grant an extension of application to the next succeeding examination for good cause. If a candidate is unsuccessful in passing one of these three written examinations, the candidate shall return his permit and cease working as a contact lens dispenser apprentice.
9. The board shall levy fees for applications, examinations, apprentice permits, certifications, certificate renewals and other services it performs as may be required to cover the costs associated with the administration of this act.
10. Certification shall be issued for a period of two years and shall be renewed automatically by the board upon payment of the required fee unless revoked or suspended by the board pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). The board shall automatically revoke or suspend the certificate of any certified contact lens dispenser whose ophthalmic dispenser's license has been revoked or suspended.
11. The board may require that holders of contact lens dispenser certificates from time to time provide satisfactory evidence of the completion of continuing education courses in contact lens dispensing.
12. A contact lens dispenser shall only dispense contact lenses upon a prescription containing spectacle lens specifications and a notation by the prescribing physician or optometrist that the patient is a suitable candidate on whom to initiate the contact lens dispensing process. A prescription containing a spectacle lens specification and a notation of "for contact lenses" or similar words shall be deemed adequate for the dispensing of contact lenses by a contact lens dispenser.
13. Upon completion of the contact lens dispensing procedure, a contact lens dispenser shall refer the patient back to the prescribing physician or optometrist.
14. Previously dispensed contact lenses shall only be replaced, reproduced or duplicated by a contact lens dispenser upon the prescription or specifications of record, a copy of which shall be provided by the original contact lens dispenser upon the patient's request.
15. The board may adopt rules and regulations establishing examination content and procedures, qualifications for contact lens dispensers, including educational qualifications, qualifications of preceptors, the quality of training and supervision by preceptors, criteria for the professional practice of contact lens dispensing by a certified contact lens dispenser, and, pursuant to P.L.1978, c.73 (C.45:1-14 et seq.), penalties for the violation of any of the provisions of this act.
16. A licensed physician or optometrist shall prepare and release a prescription for contact lenses to any person qualified under this act to dispense contact lenses upon the patient's request, except that nothing in this act shall require:
a. An optometrist or physician to release a prescription authorizing the initiation of the contact lens dispensing process when, in the judgment of the optometrist or physician, the initiation of that process is contraindicated, and where that determination is made, no person shall initiate the dispensing of contact lenses pursuant to that prescription; or
b. Anyone permitted to treat ocular pathology to release a prescription authorizing the initiation of the contact lens dispensing process when contact lenses are being used for therapeutic purposes in the treatment of any ocular pathology, but contact lens dispensers may dispense these therapeutic lenses on direct referral from a person qualified to treat disease.
17. P.L.1991, c.447 (C.52:17B-41.25 et seq.) is repealed.
18. This act shall take effect on the 90th day after enactment.
STATEMENT
This bill provides for the regulation and certification of contact lens dispensers by the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians. The bill would create a four-member Contact Lens Dispensers Advisory Committee within the board to advise the board. Licensed physicians and optometrists who dispense contact lenses are exempt from the certification requirements. This bill repeals and replaces the provisions of the "Contact Lens Dispenser Act," P.L.1991, c.447 (C.52:17B-41.25 et seq.), the law that previously governed the practice and certification of contact lens dispensers.
Provides for the regulation and certification of contact lens dispensers.