Chapter 433
2008 -- S 2889
SUBSTITUTE A AS AMENDED
Enacted 07/08/08
A N A C T
RELATING
TO BUSINESSES AND PROFESSIONS - OPTOMETRISTS
Introduced
By: Senators Perry, C Levesque, P Fogarty, McCaffrey, and Gallo
Date
Introduced: March 25, 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repealed in its entirety.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 add
powers for task specific use or occupational
applications, 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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LC02526/SUB A
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