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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1128/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1128/96

Optometry Regulations
under the
Optometry Act
(O.C. 96‑941)

Under the authority of section 26 of the Optometry Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Board meetings

        3.   Qualifications to practise optometry

        4.   Licence to practise optometry

        5.   Temporary licences

        6.   Qualifying examinations

        7.   Fees

        8.   Newfoundland Optometric Register

        9.   Topical anaesthetics

      10.   Optometric assistants

      11.   Repeal


Short title

        1. These regulations may be cited as the Optometry Regulations.

296/85 s1

Board meetings

        2. (1) Meetings of the members of the Newfoundland Optometric Board shall be held at the times and places that the board chairperson shall determine but at least 4 meetings shall be held in each calendar year.

             (2)  The registrar shall, at the request of the board chairperson, give not less than 2 weeks' written notice to all board members of the time and place of each meeting of the Newfoundland Optometric Board.

             (3)  The board chairperson and the registrar shall prepare a proposed agenda for each meeting, a copy of which shall be delivered to board members with the written notice of the meeting and the proposed agenda may be reviewed and revised as necessary by the board members at the commencement of each meeting of the Newfoundland Optometric Board.

             (4)  Meetings of the Newfoundland Optometric Board shall be conducted, as nearly as possible, in conformity with Roberts Rules of Order.

             (5)  Every question submitted to a meeting of the Newfoundland Optometric Board shall be decided by a majority of the votes of all board members present and in the case of an equality of votes, the chairperson shall have the deciding vote.

296/85 s3

Qualifications to practise optometry

        3. The requirements and qualifications to be met by an applicant for registration as a practitioner are:

             (a)  completion of an application for registration in the form prescribed by the board;

             (b)  one of the following:

                      (i)  satisfactory proof of graduation in a course in optometry from a school of optometry with educational standards, accredited both at the time of graduation and at the time of application by the American Accreditation Committee of the Colleges and Schools of Optometry, or The National Council on Optometric Education Accreditation Committee,

                     (ii)  satisfactory proof of graduation in a course in optometry from a school of optometry recognized by The British College of Optometrists and proof of admission as a member of The British College of Optometrists,

                    (iii)  satisfactory proof of graduation in a course in optometry from another school of optometry considered by the board, at the time of graduation and application, to be comparable to the standards of the schools of optometry referred to in subparagraphs (i) and (ii),

                    (iv)  engaging in the practice of optometry in good standing with the licensing body in the jurisdiction in which the applicant is practising and satisfactory proof of graduation in a course in optometry from a school of optometry considered by the board, at the time of graduation and application, to be comparable to the standards of the schools of optometry referred to in subparagraphs (i) and (ii);

             (c)  evidence that the applicant has not been found guilty of and there are no current proceedings against the applicant for professional misconduct in a jurisdiction where he or she has formerly engaged or is now engaged in the practice of optometry;

             (d)  Canadian citizenship or an employment visa under the Immigration Act (Canada);

             (e)  successful completion of the examinations set or approved by the board; and

              (f)  payment of all examination, registration and licensing fees prescribed under the authority of the Act by the board.

296/85 s4

Licence to practise optometry

        4. (1) An applicant who meets the qualifications and requirements of section 3 shall, upon payment of all application, examination, registration and licensing fees prescribed by the board, be entitled to be registered in the Newfoundland Optometric Registry and to receive a licence to practise optometry.

             (2)  A licence to practise optometry shall be the form prescribed by the board.

             (3)  It is a condition of every licence issued that where the holder of the licence has not engaged in the practice of optometry for a period of 3 years the holder shall not engage in the practice of optometry until the qualifications of the holder have been reviewed and approved by the board.

296/85 s5

Temporary licences

        5. (1) Notwithstanding section 3 and subsection 4(1), the board may issue a temporary licence to an applicant where in the opinion of the board the applicant is the holder of qualifications similar to those set out in section 3, either to replace a registered and licensed practitioner who for health, educational or other reason satisfactory to the board is away from his or her practice or for another reason permitted by the Act and acceptable to the board.

             (2)  In determining whether to issue a temporary licence to replace an absent practitioner under subsection (1), the board may consider, among others, whether in its opinion there are other practitioners available to replace that absent practitioner.

             (3)  A temporary licence issued under this section shall

             (a)  be issued subject to the terms, conditions or limitations that the board shall direct;

             (b)  be valid for the period prescribed in the temporary licence but in no case shall the temporary licence be valid beyond December 31 in the calendar year for which it was issued;

             (c)  a temporary licence may be renewed only with the approval of the board and only subject to the provisions of paragraph (b);

             (d)  the holder of a temporary licence who applies for a licence other than a temporary licence shall be required to comply with all requirements contained in section 3;

             (e)  the board shall, to the extent possible, prevent the use of temporary licences as an interim measure by persons who have applied to or are about to apply to the board for registration in the normal manner as provided for in section 3.

296/85 s6

Qualifying examinations

        6. (1) Provided there are applicants seeking to be registered and licensed to practise optometry, qualifying examinations shall be held by the board in June and December in each year at a time and place to be prescribed by the board.

             (2)  Applicants for registration and licensing as practitioners will only be permitted to write qualifying examinations provided they have filed with the registrar an application for registration in the prescribed form and paid to the registrar the prescribed application and examination fees within the time prescribed by the board.

             (3)  Qualifying examinations shall consist of oral comprehensive examinations and written comprehensive examinations covering topics and subjects as prescribed by the board and a clinic practical examination in a form prescribed by the board.

296/85 s7

Fees

        7. (1) The application fee shall be as set by the board.

             (2)  The fee payable for each examination subject shall be set by the board.

             (3)  The annual licence fee shall be set by the board and shall be payable on or before December 31 in the year preceding the year for which the licence is being issued.

             (4)  The registrar shall mail to each practitioner a notice of the fee payable for the following year and a copy of the regulations relating to the payment of fees on or before November 30 in the year preceding the year for which the fee is due and payable.

             (5)  Where a practitioner fails to remit to the registrar the annual licence fee on or before December 31 in the year preceding the year for which the fee is due and payable, that practitioner shall be liable for and shall pay a penalty prescribed by the board in addition to the annual licence fee, provided the annual licence fee and penalty fee is paid on or before February 20 in the year for which the annual licence fee is payable.

             (6)  Where a practitioner fails to remit to the registrar the annual licence fee and, if applicable, the penalty fee prescribed in subsection (5) on or before February 20 in the year for which the annual licence is payable, that practitioner shall be liable for and shall pay in addition to the annual licence fee a penalty to be prescribed by the board which penalty shall be set by the board.

             (7)  Nothing in these regulations shall be construed to authorize a person to carry on the practice of optometry who is not then currently registered and licensed under the Act and the regulations.

296/85 s8

Newfoundland Optometric Register

        8. (1) The Newfoundland Optometric Register shall be in the form prescribed by the board.

             (2)  A practitioner shall notify the registrar in writing of changes in the information contained in the Newfoundland Optometric Register pertaining to that practitioner within 3 months from the time the change occurs.

296/85 s9

Topical anaesthetics

        9. A practitioner shall not use the topical anaesthetics referred to in section 43 of the Act unless that practitioner

             (a)  has graduated from a British school of optometry since 1961;

             (b)  holds the degree of Doctor of Optometry from the University of Waterloo in the Province of Ontario, Canada;

             (c)  has graduated from another school of optometry with instruction in pharmacology considered by the board to be comparable to those schools of optometry referred to in paragraphs (a) and (b); or

             (d)  has, to the board's satisfaction, successfully completed a program of study in pharmacology considered by the board to be comparable to the instruction in pharmacology offered by those schools of optometry referred to in paragraphs (a) and (b) or has successfully completed an examination in pharmacology set or approved by the board.

296/85 s10

Optometric assistants

     10. Persons employed as assistants and acting under the direct supervision of practitioners may check the visual acuity of a person.

296/85 s11

Repeal

      11. The Optometry Regulations, Newfoundland Regulation 296/85, are repealed.