Chapter
305
2008 -- H 8089 SUBSTITUTE A
Enacted 07/05/08
A N A C T
RELATING TO
BUSINESSES AND PROFESSIONS - OPTOMETRISTS
Introduced By:
Representatives McNamara, and Malik
Date Introduced: March 27,
2008
It is enacted
by the General Assembly as follows:
SECTION
1. Chapter 5-35 of the General Laws entitled "Optometrists" is hereby
repealed
in its entirety.
CHAPTER 5-35
Optometrists
5-35-1.
"Optometry" and "optician" defined. -- (a)
"Optometry" is defined as the
profession
whose practitioners are engaged in the art and science of the evaluation of
vision and
the
examination of vision and the examination and refraction of the human eye which
includes:
the
employment of any objective or subjective means for the examination of the
human eye or its
appendages;
the measurement of the powers or range of human vision or the determination of
the
accommodative
and refractive powers of the human eye or the scope of its functions in general
and
the adaptation of lenses, prisms, and/or frames for the aid of these; the
prescribing, directing
the
use of or administering ocular exercises, visual training, vision training, or
orthoptics, and the
use
of any optical device in connection with these; the prescribing of contact
lenses for, or the
fitting
or adaptation of contact lenses to the human eye; the examination or diagnosis
of the
human
eye to ascertain the presence of abnormal conditions or functions; and the
topical
application
of pharmaceutical agents to the eye; provided, that no optometrist licensed in
this
state
shall perform any surgery for the purpose of detecting any diseased or
pathological
condition
of the eye. With respect to presently licensed optometrists, only presently
licensed
optometrists
who: (1) have satisfactorily completed a course in pharmacology, as it applies
to
optometry,
at an institution accredited by a regional or professional accreditation
organization
which
is recognized by the national commission on accreditation, with particular
emphasis on the
topical
application of drugs to the eye for the purposes of detecting any diseased or
pathological
condition
of the eye; or the effects of any disease or pathological condition of the eye,
approved
by
the board of examiners in optometry and the chief of pharmacy of the department
of health; or
(2)(i)
have successfully passed all sections of the national board of examiners in
optometry
(NBEO)
examination; and (ii) the treatment and management of ocular disease (TMOD)
examination
shall be permitted to apply pharmaceutical agents topically to the eye for the
purpose
of
detecting any diseased or pathological condition of the eye, or the effects of
any disease or
pathological
condition of the eye.
(b) An "optician" is defined as a person who neither practices nor
professes to practice
optometry
but who may grind ophthalmic lenses, fit spectacles and eyeglasses and may sell
spectacles
and eyeglasses or lenses on prescription from either a licensed physician or
licensed
optometrist,
nor may an optician fit, sell, replace, or dispense contact lenses.
5-35-1.1.
Use and prescription of topical pharmaceutical agents for ocular
conditions
-- Optometrists' training and certification. -- (a) Notwithstanding the provisions of
this
chapter, qualified and licensed optometrists of this state may use and
prescribe topical
pharmaceutical
agents in the treatment of ocular conditions of the human eye and its appendages,
without
the use of surgery or other invasive techniques; provided, that all qualified
optometrists
seeking
initial licensure after January 1, 1994, shall be certified in the use of
therapeutic
pharmaceuticals
in accordance with the requirements of section 5-35-1.2.
(b) The director of the department of health shall issue regulations governing
the use and
prescription
of pharmaceutical agents by qualified and licensed optometrists in the
treatment of
ocular
conditions of the human eye.
(c) The director of the department of health, before issuing the regulations,
shall request
and
consider recommendations that may be submitted by the board of examiners for
optometry.
(d) The board of examiners for optometry shall certify those individuals who
have
completed
the prescribed course of training.
5-35-1.2.
Certification of optometrists in use of therapeutic pharmaceuticals for
those
licensed to January 1, 2007. -- (a) To be certified in the use of therapeutic
pharmaceuticals,
an optometrist must:
(1) Have graduated from an accredited college of optometry; and
(2) Have satisfactorily passed, prior to commencing the clinical therapeutic
training as
stated
in subsection (b) of this section, the International Association of Boards of
Optometry
Examination
in "The Treatment and Management of Ocular Disease" as approved by
the director;
and
(3) Have successfully completed clinical therapeutic training with a board
certified
ophthalmologist;
and
(4) Have satisfactorily passed the clinical competency examination administered
by the
board.
(b) Clinical therapeutic training shall consist of a minimum of seventy-two
(72) hours of
direct
therapeutic management of ocular disease, which training shall occur as part of
any
internship
requirement mandated under applicable rules and regulations. The seventy-two
(72)
hours
of clinical training may run concurrently with and shall be credited toward any
internship
requirements
mandated by law or regulation.
(c) The board certified ophthalmologist referenced in subdivision (a)(3) of
this section
shall
be responsible for supervising the clinical training and shall be responsible
to certify to the
board
of examiners in optometry that the optometrist seeking licensure has
satisfactorily
completed
the previously referenced clinical training and that, during the training,
participated in
the
diagnosis, treatment and management of the following numbers of patients with
the following
conditions:
Patients
with diseases of the eyelid 50
Patients
with diseases of the conjunctiva 50
Patients
with diseases of the cornea 50
(d) The ratio of ophthalmologists to optometrists seeking certification for the
clinical
training
shall be preferably 1:2 and shall not exceed 1:4.
5-35-1.3.
Certification of optometrists in use of therapeutic pharmaceuticals for
those
seeking initial licensure on or after January 1, 2007. -- To be certified in the use of
therapeutic
pharmaceuticals, an optometrist must:
(1) Have graduated from an accredited college of optometry;
(2) Have: (i) successfully passed all sections of the National Board of
Examiners in
Optometry
(NBEO) examination; and (ii) the Treatment and Management of Ocular Disease
(TMOD)
examination.
5-35-2.
Board of examiners for optometry -- Appointment of members. --
The
director
of the department of health, with the approval of the governor, shall appoint a
board of
examiners
for optometry. The board shall consist of five (5) examiners, four (4) of whom
shall be
residents
of the state actually engaged in the practice of optometry for at least five
(5) years prior
to
their appointment and there shall be one public member appointed by the
governor.
5-35-2.1.
Advisory committee for opticianry. -- There is created an
advisory committee
for
opticianry, to consist of five (5) members, four (4) of whom shall be opticians
licensed as
opticians
under the provisions of this chapter, who shall be residents of the state and
shall have
practiced
as opticians for a period of at least five (5) years who shall be appointed by
the director
of
the department of health, and one lay person who shall be from the public
appointed by the
governor.
The members of the advisory committee shall be appointed for terms of three (3)
years
except
that the initial committee shall be appointed as follows: On July 1, 1970, one
member shall
be
appointed for a term expiring June 30, 1971; one member shall be appointed for
a term
expiring
June 30, 1973; two (2) members shall be appointed for a term expiring June 30,
1986.
The
sole duty of the advisory committee for opticianry shall be to advise the
director of the
department
of health, the administrator of the division of professional regulation and the
board of
examiners
for optometry on all matters pertaining to the licensing and regulation of
opticianry in
this
state. In any matter relating to opticianry alone, the committee shall have
exclusive
jurisdiction
and its ruling shall be binding upon the division of professional regulation.
In any
matter
relating to optometry, the division of professional regulation shall have
exclusive
jurisdiction
and its rulings shall be binding.
5-35-3.
Board of examiners -- Compensation of members. -- No member of
the board
of
examiners for optometry shall receive compensation for his or her attendance at
meetings of
the
board.
5-35-4.
Receipts. -- The proceeds of any fees collected pursuant to the
provisions of this
chapter
shall be deposited as general revenues.
5-35-5.
Functions of division of professional regulation. -- The
division of professional
regulation
in the department of health shall perform the duties previously performed by
the state
board
of optometry. The division may prescribe rules, regulations, and bylaws in
harmony with
the
provisions of this chapter for its own procedure and government and for the
examination of
applicants
for the practice of optometry. The division shall make rules and regulations
governing
advertising
of all and any kind, directly or indirectly, by, on behalf of, or using the
name of
optometrists.
The division has the power to revoke the license of any optometrist violating
those
rules
and regulations. Any member of the division has the power to revoke the license
of any
optometrist
violating those rules and regulations. Any member of the division has the power
to
administer
oaths for all purposes required in the discharge of its duties, and the
division may
adopt
a seal to be affixed to all its official documents. The division of
professional regulation
must
preserve a record of its prosecutions and proceedings in a book kept for that
purpose
showing
receipts and disbursements, the name, age, place, and duration of residence of
each
applicant
and registered optometrist, the time spent in schools or colleges of optometry
and in the
study,
internship and practice of the registered optometrist, and the year and
institution from
which
degrees were granted the applicant. That book shall show whether the applicants
were
registered,
and if registered, gives the number of the certificate of each applicant, and
that book is
prima
facie evidence of all matters contained within it. The administrator of the
division must, in
January
of each year, transmit an official copy of that book to the secretary of state
for permanent
record,
a certified copy of which may be admitted as evidence in all courts.
5-35-6.
[Repealed.] –
5-35-7.
Eligibility for license to practice optometry. -- Any citizen,
or legal resident of
the
United States not less than eighteen (18) years of age and of good moral
character, who also
graduated
from a school or college of optometry approved by the division of professional
regulation
which maintains a course in optometry of not less than four (4) years, is
eligible for
licensure.
5-35-8.
Application for examination and license. -- Every person desiring
to be
licensed
to practice optometry as provided in this chapter shall file with the division
of
professional
regulation, in the form prescribed by the division, an application, verified by
oath,
presenting
the facts which entitle the applicant to a license to practice optometry under
this
chapter.
5-35-9.
Fee for license. -- Every applicant shall pay to the division of
professional
regulation
a fee of seventy dollars ($70.00) which shall accompany his or her application
for a
certificate
of license.
5-35-10.
[Repealed.] –
5-35-11.
[Repealed.] –
5-35-12.
[Repealed.] –
5-35-13.
Registration of optometrists from other states. -- Any person
who presents
evidence
to the division of professional regulation that he or she is entitled to
practice optometry
in
another state where requirements for registration are, in the opinion of the
division, equivalent
to
those of this state, may be registered and given a certificate of license in this
state without
examination
upon payment to the division of a fee of ninety dollars ($90.00); provided,
that the
other
state accords a similar privilege to holders of certificates of license issued
in this state and
the
applicant has not previously failed to pass the examinations required in this
state.
5-35-14.
Issuance, registration, and display of certificate of license to practice
optometry.
-- Every applicant who
complies with the provisions of this chapter, shall receive
from
the director of the department of health, under his or her seal, a certificate
of license
entitling
him or her to practice optometry in this state. This certificate shall be
registered in a
record
book to be properly kept by the division of professional regulation for that
purpose, which
shall
be open to public inspection, and a certified copy of that record shall be
received as
evidence
in all courts of this state in the trial of any case. Every person to whom a
certificate of
license
is issued by the division shall keep that certificate displayed in a
conspicuous place in the
office
or place of business where that person practices optometry and, whenever
required, shall
exhibit
the certificate to any authorized representative of the division.
5-35-15.
Renewal of license to practice optometry. -- Every licensed
optometrist who
desires
to continue the practice of optometry shall present satisfactory evidence to
the board of
examiners
for optometry and approved by rule or regulation by the board of examiners for
optometry
that the practitioner has completed a prescribed course of continuing
optometric
education
or related health fields; and annually, in the month of January, shall pay to
the division
of
professional regulation a renewal fee of one hundred and seventy dollars ($170)
for which he
or
she shall receive a renewal of his or her certificate of license for one year.
In case of neglect or
refusal
to pay, the division shall revoke or suspend that certificate; provided, that
no certificate of
license
shall be suspended or revoked without first giving sixty (60) days' notice in
each case of
neglect
or refusal, and within that period, any optometrist has the right to receive a
renewal of
that
certificate on payment of the renewal fee, together with an added penalty of
seventy dollars
($70.00).
Retirement from practice in this state for a period not exceeding five (5)
years shall not
deprive
the holder of a certificate of license of the right to renew a certificate upon
the payment of
all
annual renewal fees remaining unpaid, and a further fee of seventy dollars
($70.00) as an
added
penalty.
5-35-16.
[Repealed.] –
5-35-17.
Use of title of doctor. -- Any person registered to practice
optometry under this
chapter
may prefix or append to his or her name the title of doctor, or any
abbreviation of the
word
doctor, provided that person holds a degree granted by a chartered school or
college of
optometry
authorized to grant this degree.
5-35-18.
Minimum examination of patient. -- Every person practicing
optometry in
accordance
with the laws of this state shall, prior to prescribing eyeglasses, lens or
spectacles,
make
a minimum examination of the patient to determine existent visual defects and
procedures
for
their correction. The degree of that minimum examination shall be defined in
the rules and
regulations
of the division of professional regulation. An examination is not necessary
when a
licensed
optometrist or an optician, licensed as provided in this chapter, makes a sale
of
eyeglasses
or spectacles in accordance with a prescription issued by a licensed
optometrist or
physician.
The division has the power to revoke the license of any optometrist violating
those
rules
and regulations.
5-35-19.
Refusal, suspension or revocation of certificate for gross unprofessional
conduct.
-- (a) In addition to any
and all other remedies provided in this chapter, the
administrator
of the division of professional regulation and the director of the department
of
health
may, after notice and a hearing, as provided in this section, in its
discretion, refuse to grant,
refuse
to renew, suspend, or revoke any certificate of registration provided for in
this chapter to
any
person who is not of good moral character, or who is guilty of gross
unprofessional conduct
or
conduct of a character likely to deceive or defraud the public, or for any
fraud or deception
committed
in obtaining a certificate. "Gross unprofessional conduct" is defined
as including, but
not
being limited to:
(1) Conviction of felony or any crime or misdemeanor involving moral turpitude
as
evidenced
by a certified copy of the record of the court convicting;
(2) Knowingly placing the health of a client at serious risk without
maintaining proper
precautions;
(3) Advertising by means of false or deceptive statements;
(4) Peddling from door to door;
(5) Habitual intoxication or addiction to the use of drugs;
(6) The use of any false or fraudulent statement in any document connected with
his or
her
practice;
(7) The obtaining of any fee by fraud or willful misrepresentation of any kind
either to a
patient
or insurance plan;
(8) Willfully betraying professional secrets;
(9) Knowingly performing any act which in any way aids or assists an unlicensed
person
to
practice in violation of this chapter;
(10) Violating or attempting to violate, directly or indirectly, or assisting
in, or abetting,
the
violation of, or conspiring to violate, any of the provisions of this chapter
or regulations
previously
or hereafter issued pursuant to this chapter;
(11) Gross incompetence;
(12) Repeated acts of immorality or repeated acts of gross misconduct; or
(13) An optometrist providing services to a person who is making a claim as a
result of a
personal
injury, who charges or collects from the person any amount in excess of the
reimbursement
to the optometrist by the insurer as a condition of providing or continuing to
provide
services or treatment.
(b) All proceedings under this section may be instituted by the administrator
of the
division,
the director of the department of health, or the board of examiners for
optometry from
matters
within his, her or its own knowledge, or may be taken upon the information of
another.
All
accusations must be in writing, verified by some party familiar with the facts
charged, and
three
(3) copies must be filed with the administrator of the division of professional
regulation or
the
director of health. Upon receiving the accusation, the administrator of the
division of
professional
regulation or the director of health shall, if he or she deems the accusation
sufficient,
make
an order setting the accusation for a hearing and requiring the person against
whom the
accusation
is made to appear and answer it at that hearing, at a specified time and place
and shall
cause
a copy of the order and of the accusation or accusations to be served upon the
person
accused
at least thirty (30) days before the appointed day in the order for that
hearing. The
hearing
shall be open to the public. The person accused must appear at the time
appointed in the
order
and answer the charges and make his or her defense to the charges, unless for
sufficient
cause
the administrator of the division of professional regulation or the director of
health assigns
another
day for that purpose. If he or she does not appear, the administrator of the
division of
professional
regulation or the director of the department of health may proceed and
determine the
accusation
or accusations in his or her absence. If the person against whom the accusation
or
accusations
are made pleads guilty or refuses to answer the charges, or, upon the hearing,
the
administrator
of the division of professional regulation or the director of the department of
health
finds
them or any of them true, they may proceed to a judgment. The administrator of
the division
of
professional regulation or the director of the department of health and the
accused may have
the
benefit of counsel.
(c) When it appears to the administrator of the division, the director of the
department of
health,
or the board of examiners for optometry from matters within his, her or its own
knowledge,
or upon information from another, as provided in this section, that any person
is
violating
any of the provisions of this chapter the administrator, director of the
department of
health
or board of examiners may, cause an action to be instituted commenced in the
name of the
board
to enjoin that violation in a court of competent jurisdiction and that court
may, only after a
hearing
in open court, restrain or enjoin any person, firm, corporation, or association
from
violating
any of the provisions of this chapter without regard to whether proceedings
have been or
may
be instituted before the board under the preceding paragraph or whether
criminal
proceedings
have been or may be instituted. No ex parte restraining orders shall be issued
in that
matter.
(d) The administrator of the division and the director of the department of
health, each, is
authorized
to administer oaths, and in all cases or proceedings pending before them, is
authorized
and
empowered to summon witnesses by subpoena, and to compel those witnesses to
attend and
testify
in the same manner as witnesses are compelled to appear and testify in any court;
and is
authorized
to compel the production of all papers, books, documents, records,
certificates, or legal
evidence
that may be necessary or proper for the determination and decision of any
question or
the
discharge of any duty required by law of the division, by issuing a subpoena
duces tecum. All
subpoenas
and orders for the production of books, accounts, papers, records, and
documents shall
be
signed and issued by the administrator of the division or the director of the
department of
health
and shall be served as subpoenas in civil cases in the superior court are now
served.
Subpoenaed
witnesses shall be entitled to the same fee for attendance and travel that are
now
provided
for witnesses in civil cases in the superior court. If the person subpoenaed to
attend
before
the division fails to obey the command of that subpoena without reasonable
cause, or if a
person
in attendance before the division, without reasonable cause, refuses to be
sworn, or to be
examined,
or to answer a legal and pertinent question, or if any person refuses to
produce the
books,
accounts, papers, records, and documents material to the issue, set forth in an
order served
on
him or her, the administrator may apply to any justice of the superior court
for any county,
upon
proof by affidavit of the fact, for a rule or order returnable in not less than
two (2) nor more
than
five (5) days, directing that person to show cause before the justice who made
the order or
any
other justice, why he or she should not be judged in contempt. Upon the return
of that order,
the
justice before whom the matter is brought on for a hearing shall examine under
oath that
person
and that person shall be given an opportunity to be heard and if the justice
determines that
the
person refused without reasonable cause or legal excuse to be examined or to
answer a legal
and
pertinent question, or to produce books, accounts, papers, records, and
documents, material to
the
issue, which he or she was ordered to bring or produce, he or she may
immediately commit
the
offender to jail, there to remain until he or she submits to do the act which
he or she was
required
to do, or is discharged according to law. Any person who swears falsely in any
proceeding,
matter, or hearing before the division shall be deemed guilty of the crime of
perjury.
5-35-20.
Acts constituting unlawful practice of optometry. -- (a) Any
person not
holding
a certificate of registration issued to him or her may practice optometry
within this state.
The
opening and maintaining of an optometrist's office, the displaying of an
optometrist's sign or
doorplate,
or the advertising of the readiness to practice optometry in this state in
public prints or
by
cards, circulars, posters, or in any other manner is evidence of the practice
of optometry, but
any
person, firm, or corporation which has, prior to May 2, 1936, carried on the
business of
optometry,
may continue to carry on the business of optometry and may use a present trade
name
now
used by that person, firm, or corporation; provided, that all prescriptions for
spectacles,
eyeglasses,
or lenses, are made by an optometrist holding a certificate of registration
under the
provisions
of this chapter and regularly in the employ of that person, firm or
corporation.
(b) No optometrist licensed by and practicing in this state may:
(1) Use or occupy space for that practice under any oral or written lease,
contract,
arrangement
or understanding with anyone (other than with another optometrist licensed by,
and
practicing
in, this state) by which the rent paid by that licensed optometrist for that
use or
occupancy
or any element of the expense of practicing his or her profession varies
according to
his
or her gross receipts, net profit, taxable income, numerical volume of the
patients examined
by
that licensed optometrist or any combination;
(2) Use or occupy space for that practice in any building where more than fifty
percent
(50%)
of the remaining space is used or occupied by tenants or a tenant of that
building or the
owner
of that building and those tenants, tenant, or owner is engaged in the business
of selling
merchandise
to the general public, if those tenants, tenant, or owner:
(i) Uses, or occupies that space under any oral or written lease, contract,
arrangement, or
understanding
with anyone by which the rent paid by those tenants or tenant for that use or
occupancy
or any element in the cost of doing business varies according to the gross
receipts, net
profit,
taxable income, numerical volume of sales or customers of those tenants or
tenant or any
combination;
or
(ii) No optometrist or optician licensed by and practicing in this state
advertises by
written
or spoken words of a character tending to deceive or mislead the public;
(3) Practice his or her profession under any oral or written contract,
arrangement or
understanding
where anyone, not licensed to practice optometry practicing in this state, shares,
directly
or indirectly, in any fees received by that licensed optometrist.
(c) Subsection (b) of this section does not apply to any person, firm, or
corporation
entitled,
under subsection (a) of this section, to use a trade name by reason of his,
her, their or its
having
carried on the business of optometry prior to May 2, 1936, nor to any licensed
optometrist
while
in the employ of that person, firm or corporation.
5-35-21.
Unlawful sale of spectacles. -- It is unlawful for any person,
firm, or
corporation
to sell, as merchandise, in any store or established place of business in the
state, any
eyeglasses,
spectacles, or lenses for the correction of vision, unless a licensed
optometrist,
physician,
or optician under the laws of this state is in charge and in personal
attendance at the
booth,
counter, or place where those articles are sold in that store or established
place of business.
The
provisions of this section shall not be construed to apply to the sale of
simple reading
magnifying
glasses, toy glasses, goggles consisting of plano white or plano colored lenses
or
ordinary
colored glasses, or to optometrists, physicians, or opticians who sell
spectacles,
eyeglasses,
or lenses in prescription; provided, that a seller of simple reading magnifying
glasses
shall
have the following notice permanently affixed in plain view to the top of any
point of sale
display:
"These magnifiers are not intended to be a substitute for corrective
lenses; only a
professional
eye examination can determine your eye health status and vision needs."
This notice
shall
be also prominently displayed in all newspaper, magazine, and other
advertisements for
simple
reading magnifying glasses. As used in this section, "simple reading
magnifying glasses"
do
not include lenses of bifocal design or single vision lenses of over plus 2.5
diopters or
equivalent
magnification.
5-35-21.1.
Freedom of choice for eye care. -- (a) Any contract providing
for health care
benefits,
which calls for the expenditure of private or public funds, for any purpose
involving eye
care,
which is within the scope of the practice of optometry, shall provide the
recipients and/or
beneficiaries
the freedom to choose within the participating provider panel either an
optometrist
or
physician to provide the eye care. This provision shall be applicable whether
or not the
contract
is executed and/or delivered in or outside of the state, or for use within or
outside of the
state
by or for any individuals who reside or are employed in the state.
(b) Where the contracts call for the expenditure of public or private funds,
for any
purpose
involving eye expenditure of public or private funds, for any purpose involving
eye care,
there
shall be no discrimination as to the rate of reimbursement for the health care,
whether
provided
by a doctor of optometry or physician providing similar services.
(c) Where the contracts call for the expenditure of public or private funds
involving
Medicaid
and RIte Care, Medicare, or supplemental coverage for any purpose relating to
eyewear,
and as it pertains to opticianry, the distribution, dispensing, filling,
duplication and
fabrication
of eyeglasses or optical prosthesis by opticians as defined in section 5-35-1,
those
health
plans or contracts are required to notify by publication in a public newspaper
published
within
and circulated and distributed throughout the state of Rhode Island, to all
providers,
including,
but not limited to, opticians, within the health plan's or contract's
geographic service
area,
of the opportunity to apply for credentials, and there is no discrimination as
to the rate of
reimbursement
for health care provided by an optician for similar services as rendered by
other
professions
pursuant to this section. Nothing contained in this chapter shall require
health plans to
contract
with any particular class of providers.
5-35-22.
[Repealed.] –
5-35-23.
Examination, registration and certification of opticians -- Examination fees.
-- No person shall conduct the business of optician
until he or she passes an examination
conducted
by the division of professional regulation, and shall have registered and
received a
certificate
of registration. Every applicant shall pay to the division a fee which shall
accompany
his
or her application for that examination. Any applicant who fails to
satisfactorily pass the
examination
for registration is entitled at any subsequent regular examination held by the
division
to
additional examinations, and for each subsequent examination a fee shall be
paid. Those fees
shall
be established by the division of professional regulation.
5-35-24.
Qualifications of optician applicants. -- Every applicant for
licensure shall
present
satisfactory evidence in the form of affidavits properly sworn to that he or
she:
(1) Is over eighteen (18) years of age;
(2) Is of good moral character;
(3) Has successfully graduated from a high school of a standard approved by the
department
of elementary and secondary education in the state in which the applicant
graduated
or
holds a statement of high school equivalency certified and issued by the
department of
elementary
and secondary education in the state in which the applicant obtained the
equivalency
certificate;
(4) Has graduated from a two (2) year school of opticianry approved by the
department;
(5) Has successfully completed one year of postgraduate internship with a
registered
optometrist
or optician;
(6) Has successfully passed a written examination such as the national
opticianry
competency
examination or any other written examination approved by the department and the
advisory
committee;
(7) Has successfully passed a practical examination approved by the department
with
consultation
from the advisory committee for opticianry.
(8) Notwithstanding any other provisions of this section and section 5-35-23,
any
individual
who, at the time of his or her application for licensure, is a citizen or legal
resident of
the
United States; submits satisfactory evidence to the department and advisory
committee of
successful
completion of a two (2) year apprenticeship program; that he or she has
previously
held
a valid license to practice opticianry in another state for at least one year;
has practiced
opticianry
in this or any other state for a period of not less than one year; is in good
standing in
that
state; has previously taken and successfully passed as a prerequisite for
licensure in the other
state
a written examination such as the national opticianry competency examination or
any other
written
examination approved by the department and the advisory committee and otherwise
meets
the
requirements for licensure with the exception of subdivision (4) of this
section; pays to this
department
the appropriate fee which accompanies his or her application; shall be eligible
to
apply
for licensure on condition that he or she first completes the requirements of
subdivision (7)
of
this section.
5-35-25.
Opticians' biennial license fee. -- Every registered optician
shall, biennially, at
any
time that is prescribed by the division of professional regulation, pay to the
division a license
fee
of ninety dollars ($90.00) in default of which the division may revoke an
individual's
certificate
and his or her authority to conduct the business of an optician.
5-35-26.
Advertising by opticians. -- The division of professional
regulation, in addition
to
conducting the examinations, licensing, and registering of opticians, shall
make rules and
regulations
governing advertising by opticians. The division shall have the power to revoke
the
license
of any optician violating those rules and regulations.
5-35-27.
Penalty for violations. -- Any person who violates the
provisions of this
chapter
shall be punished by a fine of not more than two hundred dollars ($200) or
shall be
imprisoned
for not more than three (3) months for each offense.
5-35-28.
Prosecution of violations. -- It shall be the duty of the
director of the
department
of health and the division of professional regulation to enforce the provisions
of this
chapter
and to prosecute every person who violates those provisions. Whenever a
complaint is
made
by the administrator of the division, or by any of its authorized agents, of
any violation of
the
provisions of this chapter, they shall not be required to furnish surety for
costs, nor are they
liable
for costs on that complaint.
5-35-29.
Persons exempt from requirements. -- Nothing in this chapter
shall be
construed
to apply to physicians registered to practice medicine under the laws of this
state. This
chapter
shall not be construed to apply to registered osteopaths, nor shall any
provision contained
in
sections 5-35-23 -- 5-35-26, be construed to apply to optometrists licensed to
practice in Rhode
Island
or to persons engaged in optical work, but who do not conduct a retail or
wholesale optical
business.
5-35-30.
Severability. -- (a) If any provision of this chapter or of any
rule or regulation
made
under this chapter, or the application of this chapter to any person or
circumstances, is held
invalid
by a court of competent jurisdiction, the remainder of the chapter, rule or
regulation, and
the
application of that provision to other persons or circumstances shall not be
affected.
(b) The invalidity of any section or sections or parts of any section or
sections of this
chapter
does not affect the validity of the remainder of the chapter.
5-35-31.
Construction of glass lenses -- Violations -- Penalty. -- (a) No
person shall
distribute,
sell, or deliver any eyeglasses or sunglasses unless those eyeglasses or
sunglasses are
fitted
with heat-treated glass lenses, plastic lenses, laminated lenses, or lenses
made impact
resistant
by other methods. The provisions of this subsection do not apply if a physician
or
optometrist,
having found that those lenses will not fulfill the visual requirements of a
particular
patient,
directs, in writing, the use of other lenses and gives written notification to
the patient.
Before
they are mounted in frames, all impact-resistant eyeglass and sunglass lenses,
except
plastic
lenses, laminated lenses, and raised ledge multifocal lenses must withstand an
impact test
of a
steel ball five-eighths ( 5/8) of an inch in diameter weighing approximately
fifty-six
hundredths
of an ounce (0.56 oz.) dropped from a height of fifty (50) inches. Raised ledge
multifocal
lenses are capable of withstanding the impact test but do not need to be tested
beyond
initial
design testing. To demonstrate that all plastic lenses and laminated lenses are
capable of
withstanding
the impact test, the manufacturer of the lenses shall be subject to the impact
test a
statistically
significant sampling of lenses from each production batch, and the tested
lenses are
representative
of the finished forms as worn by the wearer. Plastic prescription and plastic
non-
prescription
lenses, tested on the basis of statistical significance, may be tested in uncut
finished
or
semi-finished form at the point of original manufacture.
(b) No person shall distribute, sell, exchange, or deliver, or have in his or
her possession
with
intent to distribute, sell, exchange, or deliver any eyeglass frame or sunglass
frame
containing
any form of cellulose nitrate or other highly flammable materials.
(c) Any person convicted of violating the provisions of this section shall be
punished by
a
fine of not less than five hundred dollars ($500) for each violation.
5-35-32.
Continuing education for opticians. -- (a) Every person licensed
to practice
opticianry
within this state on or before the thirty-first day of January of each year his
or her
license
comes up for renewal and as a condition to his or her recertification and
issuance of a
biennial
license shall present to the advisory committee for opticianry satisfactory
evidence of his
or
her having completed not less than twelve (12) hours of continuing education in
the preceding
two
(2) calendar years. Any course intended to fulfill the requirement of
continuing education
shall
be submitted to the committee for review and approval. Continuing education
derived from
attendance
at or participation in any of the following shall be deemed approved by the
committee:
(1) Any course and/or courses offered by a provider meeting the guidelines of
continuing
opticianry
education of the American Board of Opticianry.
(2) A maximum of one hour per two (2) year period in approved management and
marketing
courses.
(3) Any other course approved by the advisory committee on opticianry.
(b) If the applicant submits satisfactory evidence to the committee that he or
she has
completed
continuing opticianry education requirements and has complied with the
provisions of
section
5-35-25, a license for a two (2) year period shall be issued.
(c) The committee, in its discretion, may exempt a person from the requirements
for
continuing
opticianry education for any hardship or other extenuating circumstances as the
committee
deems appropriate.
SECTION
2. Title 5 of the General Laws entitled "BUSINESSES AND
PROFESSIONS"
is hereby amended by adding thereto the following chapter:
CHAPTER 35.1
OPTOMETRISTS
5-35.1-1.
Definitions. – As used in this chapter, the following terms are
construed as
follows:
(1)
"Amplified optometrist" means an optometrist licensed in this state
to practice
optometry
and authorized by the board to administer and prescribe pharmaceutical agents
in the
treatment
of conditions of the human eye and its appendages, including anterior uveitis
and
glaucoma,
without surgery or other invasive techniques, and in accordance with section 5-35.1-12
and
all the requirements of this chapter.
(2)
"Board" means the board of optometry established under the provisions
of section 5-
35.1-15
of the act.
(3)
"Certified optometrist" means an optometrist licensed in this state
to practice
optometry
and authorized by the board to administer and prescribe topical ocular
pharmaceutical
agents
in the treatment of ocular conditions of the anterior segment of the human eye
and its
appendages
(with the exception of uveitis and glaucoma) without surgery or other invasive
techniques
and in accordance with section 5-35.1-12 and all the requirements of this
chapter.
(4)
"Department" means the department of health.
(5)
"Director" means the director of the department of health.
(6)
"Optometrist" means a person licensed in this state to practice
optometry pursuant to
the
provisions of this chapter.
(7)
"Optometry" means the profession whose practitioners are engaged in
the art and
science
of the evaluation of vision and the examination of vision and the examination
and
refraction
of the human eye which includes: the employment of any objective or subjective
means
for
the examination of the human eye or its appendages; the measurement of the
powers or range
of
human vision or the determination of the accommodative and refractive powers of
the human
eye
or the scope of its functions in general and the adaptation of lenses, prisms,
and/or frames for
the
aid of these; the prescribing, directing the use of or administering ocular
exercises, visual
training,
vision training, or orthoptics, and the use of any optical device in connection
with these;
the
prescribing of contact lenses for, or the fitting or adaptation of contact
lenses to the human
eye;
the examination or diagnosis of the human eye to ascertain the presence of
abnormal
conditions
or functions; and the application of pharmaceutical agents to the eye,
provided, that no
optometrist
licensed in this state shall perform any surgery for the purpose of detecting
any
diseased
or pathological condition of the eye. With respect to presently licensed
optometrists,
only
presently licensed optometrists who:
(1)
have satisfactorily completed a course in pharmacology, as it applies to
optometry, at
an
institution accredited by a regional, professional, or academic accreditation
organization which
is
recognized by the national commission on accreditation, with particular
emphasis on the
application
of drugs to the eye for the purposes of detecting any diseased or pathological
condition
of the eye; or the effects of any disease or pathological condition of the eye,
approved
by
the board of examiners in optometry and the department; or
(2)(i)
have successfully passed all sections of the national board of examiners in
optometry
(NBEO) examination; and
(ii)
the treatment and management of ocular disease (TMOD) examination, shall be
permitted
to apply pharmaceutical agents to the eye for the purpose of detecting any
diseased or
pathological
condition of the eye, or the effects of any disease or pathological condition
of the
eye.
(8)
"Pharmaceutical agents" means any medications as determined by the
department,
except
those specified in schedules I and II as provided in chapter 21-28.
5-35.1-2.
Qualifications to practice optometry. – (a) Every applicant for
licensure shall
present
satisfactory evidence in the form of affidavits properly sworn to that he or
she;
(1)
is of good moral character; and
(2)
has graduated from a school or college or optometry which maintains a course in
optometry
of not less than four (4) years and is approved by the accreditation council on
optometric
education (ACOE) or other accrediting body as approved by the board; and
(3)
has successfully passed a national examination or other examinations approved
by the
department
and the board; and
(4)
any other qualifications as may be established in rules and regulations
promulgated by
the
department.
5-35.1-3.
Application for examination and license. – Every person desiring to
be
licensed
to practice optometry as provided in this chapter shall file with the
department, in the
form
prescribed by the department, an application, verified by oath, presenting the
facts which
entitle
the applicant to a license to practice optometry under this chapter. No one
shall be
permitted
to practice optometry in this state without a valid license.
5-35.1-4.
Fee for license. – Every applicant shall pay to the department a fee
of ninety
dollars
($90.00) which shall accompany his or her application for a license.
5-35.1-5.
Registration of optometrists from other states. – Any person who
presents
evidence
to the department that he or she is entitled to practice optometry in another
state where
requirements
for registration are, in the opinion of the department, equivalent to those of
this
state,
may be licensed in this state upon payment to the department of a fee.
5-35.1-6.
Issuance, registration, and display of certificate of license to practice
optometry.
– Every applicant who complies
with the provisions of this chapter shall receive from
the
director under his or her seal a certificate of license entitling him or her to
practice optometry
in this
state. Every person to whom a certificate or license is issued by the
department shall keep
that
certificate displayed in a conspicuous place in the office or place of business
where that
person
practices optometry and, whenever required, shall exhibit the certificate to
any authorized
representative
of the department.
5-35.1-7.
Renewal of license to practice optometry. – Every licensed
optometrist who
desires
to continue the practice of optometry shall attest to the completion of a
prescribed course
of
continuing optometric education. He or she shall annually pay to the department
a renewal fee
of
one hundred seventy dollars ($170). An additional fee of seventy dollars
($70.00) shall be
charged
to the licensee who fails to renew by the license expiration date. Retirement
from
practice
in this state for a period not exceeding five (5) years shall not deprive the
holder of a
certificate
of license or the right to renew a certificate upon the payment of all annual
renewal
fees
remaining unpaid, and a further fifty dollars ($50.00) as an added fee.
5-35.1-8.
Use of title of doctor. – Any person licensed to practice optometry
under this
chapter
may prefix or append to his or her name the title of doctor or any abbreviation
of the
word
doctor, provided that person holds a degree granted by a school or college of
optometry
authorized
to grant this degree.
5-35.1-9.
Acts constituting unlawful practice of optometry. – No optometrist
licensed
by
and practicing in this state may:
(1)
use or occupy space for that practice under any oral or written lease,
contract,
arrangement
or understanding with anyone (other than with another optometrist licensed by,
and
practicing
in this state) by which the rent paid by that licensed optometrist for that use
or
occupancy
or any element of the expense of practicing his or her profession varies
according to
his
or her gross receipts, net profit, taxable income, numeral volume of the
patients examined by
that
licensed optometrist or any combination;
(2)
use or occupy space for that practice in any building where more than fifty
percent
(50%)
of the remaining space is used or occupied by tenants or a tenant of that
building or the
owner
of that building and those tenants, tenant, or owner is engaged in the business
of selling
merchandise
to the general public, if those tenants, tenant, or owner:
(i)
uses, or occupies that space under any oral or written lease, contract, arrangement,
or
understanding
with anyone by which the rent paid by those tenants or tenant for that use or
occupancy
or any element in the cost of doing business varies according to the gross
receipts, net
profit,
taxable income, numerical volume of sales or customers of those tenants or
tenant or any
combination;
or
(ii)
no optometrist licensed by and practicing in this state advertises by written
or spoken
words
of a character tending to deceive or mislead the public;
(3)
practice his or her profession under any oral or written contract, arrangement
or
understanding
where anyone, not licensed to practice optometry practicing in this state
shares,
directly
or indirectly, in any fees received by that licensed optometrist.
5-35.1-10.
Unlawful sale of spectacles. – It is unlawful for any person, firm, or
corporation
to sell, as merchandise, in any store or established place of business in the
state, any
eyeglasses,
spectacles, or lenses for the correction of vision, unless a licensed optometrist,
physician,
or optician under the laws of this state is in charge and in personal
attendance at the
booth,
counter, or place where those articles are sold in a store or established place
of business.
The
provisions of this section shall not be construed to apply to the sale of
simple reading
magnifying
glasses, toy glasses, goggles consisting of plano white or plano colored lenses
or
ordinary
colored glasses, or to optometrists, physicians, or opticians who sell
spectacles,
eyeglasses
or lenses by prescription; provided, that a seller of simple reading magnifying
glasses
shall
have the following notice permanently affixed in plain view to the top of any
point of sale
display.
"These magnifiers are not intended to be a substitute for corrective
lenses; only a
professional
eye examination can determine your eye health status and vision needs."
This notice
shall
also be prominently displayed in all newspaper, magazine, and other
advertisements for
simple
reading magnifying glasses. As used in this section, "simple reading
magnifying glasses"
do
not include lenses of bifocal design or single vision lenses of over plus 2.5
diopters or
equivalent
magnification.
5-35.1-11.
Freedom of choice for eye care. – (a) Any contract providing for health
care
benefits
which calls for the expenditure of private or public funds, for any purpose
involving eye
care
which is within the scope of the practice of optometry, shall provide the
recipients and/or
beneficiaries
the freedom to choose within the participating provider panel either an
optometrist
or
physician to provide the eye care. This provision shall be applicable whether
or not the
contract
is executed and/or delivered in or outside of the state, or for use within or
outside of the
state
by or for any individuals who reside or are employed in the state.
(b)
Where the contracts call for the expenditure of public or private funds, for
any
purpose
involving expenditure of public or private funds, for any purpose involving eye
care,
there
shall be no discrimination as to the rate of reimbursement for the health care,
whether
provided
by a doctor of optometry or physician providing similar services.
5-35.1-12.
Use and prescription of pharmaceutical agents for ocular conditions –
Optometrists
training and certification. –
(a)(i) Notwithstanding the provisions of this chapter,
amplified
optometrists of this state may use and prescribe pharmaceutical agents in the
treatment
of conditions
of the human eye and its appendages, without the use of surgery or other
invasive
techniques;
provided, that all qualified optometrists, shall be permitted to become
amplified
optometrists
in accordance with the requirements of section 5-35.1-2, subsection (c) hereof,
and
all
other requirements of this chapter; and provided, further, that drugs contained
in schedule III
of
chapter 21-28 shall be prescribed for no more than seventy-two (72) hours and
that; no
optometrist
shall deliver any medication by injection.
(b)
The director shall issue regulations governing the prescribing of oral
pharmaceutical
agents,
including oral steroids and schedule III narcotic and non-narcotic analgesics,
within the
scope
of the optometrist's practice.
(c)
To be newly licensed as an amplified optometrist, a qualified optometrist must
meet
the
qualifications of section 5-35.1-2 and must provide evidence to the department
that he or she
has
satisfactorily:
(i)
completed at least thirty (30) hours of clinical experience in the treatment of
ocular
disease
with pharmaceutical agents, consistent with current graduate degree
requirements for
optemetric
education either within a four (4) year period immediately prior to the date of
application
or as otherwise determined by the board; and
(ii)
completed a course in pharmacology, as it applies to optometry, at an approved
institution
accredited by a regional, professional or academic accreditation organization.
Further,
to maintain amplified optometrist licensure status, all amplified optometrists
must
submit, upon request, evidence of an average of at least five (5) hours of
continuing
education
in pharmacology per year.
(d)
The director, before issuing the regulations, shall request and consider
recommendations
that may be submitted by the board of optometry.
(e)
The board shall require optometrists to adhere to electronic prescribing
standards
within
thirty (30) months of receiving prescriptive authority as defined in subsection
5-35.1-
12(a).
5-35.1-13.
Board of optometry – Appointment of members. – The director shall
appoint
a board of optometry. The board shall consist of five (5) members, all of whom
shall be
residents
of the state, four (4) of whom shall be licensed optometrists engaged in the
practice of
optometry
for at least five (5) years prior to their appointment, and there shall be one
public
member.
The members shall be appointed for terms of three (3) years; each member may
serve a
maximum
of two (2) consecutive full terms.
5-35.1-14.
Board – Compensation of members. – No member of the board of
optometry
shall receive compensation for his or her attendance at meetings of the board.
5-35.1-15.
Receipts. – The proceeds of any fees collected pursuant to the
provisions of
this
chapter shall be deposited as general revenues.
5-35.1-16.
Minimum examination of patient. – Every person practicing optometry in
accordance
with the laws of this state shall, prior to prescribing eyeglasses, lenses or
spectacles
make
a minimum examination of the patient to determine existent visual defects and
procedures
for
their correction. The degree of that minimum examination shall be defined in
the rules and
regulations
of the department.
5-35.1-17.
Persons exempt from requirements. – Nothing in this chapter shall be
construed
to apply to physicians licensed to practice medicine under the laws of this
state, or to
persons
engaged in optical work who do not conduct a retail or wholesale optical
business.
5-35.1-18.
Refusal, suspension or revocation of license for unprofessional conduct. –
In
addition to any and all other remedies provided in this chapter, the director
may, after notice
and
hearing in the director's discretion, refuse to grant, refuse to renew,
suspend, or revoke any
license
provided for in this chapter to any person who is guilty of unprofessional
conduct or
conduct
of a character likely to deceive or defraud the public, or for any fraud or
deception
committed
in obtaining a license. "Unprofessional conduct" is defined as
including, but is not
limited
to:
(1)
Conviction of one or more of the offenses set forth in section 23-17-37;
(2)
Knowingly placing the health of a patient at serious risk without maintaining
proper
precautions;
(3)
Advertising by means of false or deceptive statements;
(4)
The use of drugs or alcohol to an extent that impairs the person's ability to
properly
engage
in the profession;
(5)
Use of any false or fraudulent statement in any document connected with his or
her
practice;
(6)
Obtaining of any fee by fraud or willful misrepresentation of any kind whether
from a
patient
or insurance plan;
(7)
Knowingly performing any act which in any way aids or assists an unlicensed
person
to
practice in violation of this chapter;
(8)
Violating or attempting to violate, directly or indirectly, or assisting in, or
abetting,
the
violation of, or conspiring to violate, any of the provisions of this chapter
or regulations
previously
or hereafter issued pursuant to this chapter;
(9)
Incompetence;
(10)
Repeated acts of gross misconduct;
(11)
An optometrist providing services to a person who is making a claim as a result
of a
personal
injury, who charges or collects from the person any amount in excess of the
reimbursement
to the optometrist by the insurer as a condition of providing or continuing to
provide
services or treatment;
(12)
Failure to conform to acceptable and prevailing community standard of
optometric
practice;
(13)
Advertising by written or spoken words of a character tending to deceive or
mislead
the
public;
(14)
Practicing his or her profession under any oral or written contract,
arrangement or
understanding
where anyone, not licensed to practice optometry in this state shares, directly
or
indirectly,
in any fees received by that licensed optometrist;
(15)
Grave and repeated misuse of any ocular pharmaceutical agent; or
(16)
The use of any agent or procedure in the course of optometric practice by an
optometrist
not properly authorized under this chapter.
5-35.1-19.
Construction of glass lenses – Violations Penalty. -- (a) No person
shall
distribute,
sell, or deliver any eyeglasses or sunglasses unless those eyeglasses or
sunglasses are
fitted
with heat-treated glass lenses, plastic lenses, lamination lenses, or lenses
made impact-
resistant
by other methods. The provisions of this subsection do not apply if a physician
or
optometrist,
having found that those lenses will not fulfill the visual requirements of a
particular
patient,
directs, in writing, the use of other lenses and gives written notification to
the patient.
Before
they are mounted in frames, all impact-resistant eyeglasses and sunglass
lenses, except
plastic
lenses, laminated lenses, and raised ledge multi focal lenses must withstand an
impact test
of a
steel ball five-eighths (5/8) of an inch in diameter weighing approximately
fifty-six
hundredths
of an ounce (0.56 oz.) dropped from a height of fifty inches (50"). Raised
ledge multi
focal
lenses are capable of withstanding the impact test but do not need to be tested
beyond initial
design
testing. To demonstrate that all plastic lenses and laminated lenses are
capable of
withstanding
the impact test, the manufacturer of the lenses shall subject to the impact
test a
statistically
significant sampling of lenses from each production batch, and the tested
lenses are
representative
of the finished forms as worn by the wearer. Plastic prescription and plastic
non-
prescription
lenses, tested on the basis of statistical significance, may be tested in uncut
finished
or
semi-finished form at the point of original manufacture.
(b)
Any person convicted of violating the provisions of this section shall be
punished by a
fine
of not less than five hundred dollars ($500) for each violation.
5-35.1-20.
Penalty for violations. -- Any person who violates the provisions of
this
chapter
shall be punished by a fine or not more than two hundred dollars ($200) or
shall be
imprisoned
for not more than three (3) months for each offense.
5-35.1-21.
Prosecution of violations. -- It shall be the duty of the director
to enforce the
provisions
of this chapter and to prosecute every person who violates those provisions.
Whenever
a
complaint is made by the department, or by any of its authorized agents of any
violation of the
provisions
of this chapter, they shall not be required to furnish surety for costs, nor
are they liable
for
costs on that complaint.
5-35.1-22.
Rules and regulations. -- The department, in addition to approving
the
examinations
and licensing of optometrists, shall make rules and regulations governing the
practice
of optometry. The department shall have the power to revoke the license of any
optometrist
violating those rules and regulations.
5-35.1-23.
Severability. -- (a) If any provision of this chapter or of any rule
or regulation
made
under this chapter, or the application of this chapter to any person or
circumstances, is held
invalid
by a court of competent jurisdiction, the remainder of the chapter, rule or
regulation, and
the
application of that provision to other persons or circumstances shall not be
affected.
(b)
The invalidity of any section or sections or parts of any section or sections
of this
chapter
does not affect the validity of the remainder of the chapter.
SECTION
3. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"
is
hereby amended by adding thereto the following chapter:
CHAPTER 35.2
OPTICIANS
5-35.2-1.
Definitions. -- As used in this chapter:
(1)
"Advisory committee" means the advisory committee of opticianry as
established
herein.
(2)
"Department" means the department of health
(3)
"Director" means the director of the department of health.
(4)
"Optician" means a person licensed in this state to practice
opticianry pursuant to the
provisions
of this chapter.
(5)
"The Practice of Opticianry" means the preparation or dispensing of
eyeglasses,
spectacles,
lenses, or related appurtenances, for the intended wearers, or users, on
prescription
from licensed
physicians or optometrists, or duplications or reproductions of previously
prepared
eyeglasses,
spectacles, lenses, or related appurtenances; or the person who, in accordance
with
such
prescriptions, duplications or reproductions, measures, adapts, fits, and
adjusts eyeglasses,
spectacles,
lenses, including spectacles that add powers for task specific use or
occupational use,
or
appurtenances, to the human face. Provided, however, a person licensed under
the provisions
of
this chapter shall be specifically prohibited from engaging in the practice of
ocular refraction,
orthoptics,
visual training, the prescribing of subnormal vision aids, telescopic
spectacles, fitting,
selling,
replacing, or dispensing contact lenses.
5-35.2-2.
Qualification of optician applicants. -- (a) Every applicant for
licensure shall
present
satisfactory evidence, in the form of affidavits properly sworn to, that he or
she:
(1)
Is of good moral character; and
(2)
Has graduated from a two (2) year school of opticianry approved by the New
England
Association
of Schools and Colleges or an equivalent regional accrediting authority or
other
accrediting
authority as may be approved by the department with consultation from the
advisory
committee;
and
(3)
Has successfully completed one year of postgraduate internship with a licensed
optometrist
or optician; and
(4)
Has successfully passed the national opticianry competency examination or any
other
written
examination approved by the department with consultation from the advisory
committee;
and
(5)
Has successfully passed a practical examination approved by the department with
consultation
from the advisory committee.
(b)
Every applicant for licensure who is or has been licensed in an alternate
jurisdiction
shall
present satisfactory evidence in the form of affidavits properly sworn to that
he or she:
(1)
Is of good moral character; and
(2)
Has graduated from high school; and
(3)
Has graduated from a two (2) year school of opticianry approved by the New
England
Association
of Schools and Colleges or an equivalent regional accrediting authority or
other
accrediting
authority as may be approved by the department with consultation from the
advisory
committee;
or has successfully completed a two (2) year opticianry apprenticeship program;
and
(4)
Has held a valid license to practice opticianry in another state for at least
one year and
was
in good standing during that time; and
(5)
Has practiced opticianry in this or any other state for a period of not less
than one
year;
and
(6)
Has successfully passed the national opticianry competency examination or any
other
written
examination approved by the department with consultation from the advisory committee;
and
(7)
Has successfully passed a practical exam approved by the department with
consultation
from the advisory committee.
5-35.2-3.
Optician’s biennial license fee. – Every applicant shall pay to the
department a
fee of
ninety dollars ($90) which shall accompany his or her application for a
license. No one
shall
be permitted to practice opticianry without a valid license.
5-35.2-4.
Advertising by opticians. – This division of professional
regulation, in
addition
to conducting the examinations, licensing, and registering of opticians, shall
make rules
and
regulations governing advertising by opticians. The division shall have the
power to revoke
the
license of any optician violating those rules and regulations.
5-35.2-5
Unlawful sale of spectacles. – It is unlawful for any person, firm,
or
corporation
to sell, as merchandise, in any store or established place of business in the
state, any
eyeglasses,
spectacles, or lenses for incorrective vision, unless a licensed optometrist,
physician,
or
optician under the laws of this state is in charge and in personal attendance
at the booth,
counter,
or place where those articles are sold in that store or established place of
business. The
provisions
of this section shall not be construed to apply to the sale of simple reading
magnifying
glasses,
toy glasses, goggles consisting of piano white or piano colored lenses or
ordinary colored
glasses,
or to optometrists, physicians, or opticians who sell spectacles, eyeglasses,
or lenses in
prescription;
provided, that seller of simple reading magnifying glasses shall have the
following
notice
permanently affixed in plain view to the top of any point of sale display:
“These magnifiers
are
not intended to be substitute for corrective lenses; only a professional eye
examination can
determine
your eye health status and vision needs.” This notice shall also be prominently
displayed
in all newspaper, magazine, and other advertisements for simple reading
magnifying
glasses.
As used in this section, “simple reading magnifying glasses" do not
include lenses of
bifocal
design or single vision lenses of over plus 2.5 diopters or equivalent
magnification.
5-35.2-6.
Freedom of choice for eye care. – Where the contracts call for the
expenditure
of
public or private funds involving Medicaid and RIte Care, Medicare, or
supplemental coverage
for
any purpose relating to eyewear, and as it pertains to opticianry, the
distribution, dispensing,
filling,
duplication and fabrication of eyeglasses or optical prosthesis by opticians as
defined in
section
5-35.1-1, those health plans or contracts are required to notify by publication
in a public
newspaper
published within and circulated and distributed throughout the state of Rhode
Island,
to
all providers, including, but not limited to, opticians, within the health
plan’s or contract’s
geographic
service area, of the opportunity to apply for credentials, and there is no
discrimination
as to
the rate or reimbursement for health care provided by an optician for similar
services as
rendered
by other professions pursuant to this section. Nothing contained in the chapter
shall
require
health plans to contract with any particular class of providers.
5-35.2-7.
Continuing education of opticians. – Every person licensed to
practice
opticianry
who makes an application for renewal shall, as condition to his or her
relicensure,
attest
to the department of completion of continuing education in the preceding two
(2) calendar
years
in accordance with the rules and regulations promulgated hereunder.
5-35.2-8.
Advisory committee for opticianry. – There is created an advisory
committee
for
opticianry, appointed by the director, to consist of five (5) members, who
shall be residents of
the
state, four (4) of whom shall be licensed as opticians under the provisions of
this chapter, and
shall
have practiced as opticians for a period of at least five (5) years, and one
lay person who
shall
be from the public. The members of the advisory committee shall be appointed
for terms of
three
(3) years; each member may serve a maximum of two (2) full terms. The duties of
the
advisory
committee for opticianry shall include but not be limited to advising the
director on all
matters
pertaining to the licensure and regulation of opticianry in this state.
5-35.2-9.
Persons exempt from requirements. – Nothing in this chapter shall be
construed
to apply to physicians licensed to practice medicine under the laws of this
state,
optometrists,
or persons engaged in optical work who do not conduct a retail or wholesale
optical
business.
5-35.2-10.
Refusal, suspension or revocation of license for unprofessional conduct. –
In addition
to any and all other remedies provided in this chapter, the director may, after
notice
and
hearing, in the director's discretion, refuse to grants, refuse to renew,
suspend, or revoke any
license
provided for in this chapter to any person who is guilty of unprofessional
conduct or
conduct
of a character likely to deceive or defraud the public, or for any fraud or
deception
committed
in obtaining a license. “Unprofessional conduct” is defined as including, but
is not
limited
to:
(1)
Conviction of one of the offenses set forth in section 23-17-37;
(2)
Knowingly placing the health of a client a serious risk without maintaining
proper
precautions;
(3)
Advertising by means of false or deceptive statements;
(4)
The use of drugs or alcohol to an extent that impairs that person's ability to
properly
engage
in the profession;
(5)
The use of any false or fraudulent statement in any document connected with his
or
her
practice;
(6)
The obtaining of any fee by fraud or willful misrepresentation of any kind
either to a
patient
or insurance plan;
(7)
Knowingly performing any act which in any way aids or assists an unlicensed
person
to
practice in violation of this chapter;
(8)
Violating or attempting to violate, directly or indirectly, or assisting in, or
abetting,
the
violation of, or conspiring to violate, any of the provisions of this chapter
or regulations
previously
or hereafter issued pursuant to this chapter;
(9)
Incompetence;
(10)
Repeated acts of gross misconduct;
(11)
Failure to conform to acceptable and prevailing community standard of
opticianry
practice.
5-35.2-11.
Construction of glass lenses – violations – penalty. – (a) No person
shall
distribute,
sell, or delivery any eyeglasses or sunglasses unless those eyeglasses or
sunglasses are
fitted
with heat-treated glass lenses, plastic lenses, laminated lenses, or lenses
made impact
resistant
by other methods. The provisions of this subsection do not apply if a physician
or
optometrist,
having found that those lenses will not fulfill the visual requirements of a
particular
patient,
directs, in writing, the use of other lenses and gives written notification to
the patient.
Before
they are mounted in frames, all impact-resistant eyeglasses and sunglass
lenses, except
plastic
lenses, laminated lenses, and raised ledge multifocal lenses must withstand an
impact test
of a
steel ball five-eighths (5/8) of an inch in diameter weighing approximately
fifty-six
hundredths
of an ounce (0.56 oz) dropped from a height of fifty inches (50"). Raised
ledge
multifocal
lenses are capable of withstanding the impact test but do not need to be tested
beyond
initial
design testing. To demonstrate that all plastic lenses and laminated lenses are
capable of
withstanding
the impact test, the manufacturer of the lenses shall subject to the impact
test a
statistically
significant sampling of lenses from each production batch, and the tested
lenses are
representative
of the finished forms as worn by the wearer. Plastic prescription and plastic
non-
prescription
lenses, tested on the basis of statistical significance, may be tested in uncut
finished
or
semi-finished form at the point of original manufacture.
(b)
Any person convicted of violating the provisions of this section shall be
punished by a
fine
of not less than five hundred dollars ($500) for each violation.
5-35.2-12.
Penalty for violations. – Any person who violates the provisions of
this
chapter
shall be punished by a fine or not more than two hundred dollars ($200) or
shall be
imprisoned
for not more than three (3) months for each offense.
5-35.2-13.
Prosecution of violations. – It shall be the duty of the director to
enforce the
provisions
of this chapter and to prosecute every person who violates those provisions.
Whenever
a complaint is made by the department, or by any of its authorized agents, of
any
violation
of the provisions of this chapter, they shall not be required to furnish surety
for costs,
nor
are they liable for costs on that complaint.
5-35.2-14.
Rules and regulations. – The department, in addition to approving
the
examinations
and licensing of opticians, shall make rules and regulations governing the
practice
of
opticianry. The department shall have the power to revoke the license of any
optician violating
those
rules and regulations.
5-35.2-15.
Severability. – (a) If any provision of this chapter or of any rule
or regulation
made under
this chapter, or the application of this chapter to any person or
circumstances, is held
invalid
by a court of competent jurisdiction, the remainder of the chapter, rule or
regulation, and
the
application of that provision to other persons or circumstances shall not be
affected.
(b)
The invalidity of any section or sections of parts of any section or sections
of this
chapter
does not affect the validity of the remainder of this chapter.
SECTION
4. This act shall take effect upon passage.
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LC02587/SUB A/2
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