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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER D-25

AN ACT RESPECTING DISPENSING OPTICIANS

Analysis

1. Short title

2. Definitions

3. Application of Act

4. Board

5. Fees

6. Licence to practise

7. Duties of registrar

8. Suspension, etc. of registration

9. Appeal

10. Regulations

11. Prescription necessary

12. Contact lenses

13. Offence

14. Penalty

15. Effect of the Optometry Act


Short title

1. This Act may be cited as the Dispensing Opticians Act.

1981 c46 s1

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Definitions

2. In this Act

(a) "board" means the Dispensing Opticians Board referred to in section 3;

(b) "dispensing optician" means a natural person licensed under this Act to practise optical dispensing;

(c) "dispensing optician in training" means a person registered under this Act who is being trained to become a dispensing optician;

(d) "licence" means a licence to practise as a dispensing optician issued under this Act;

(e) "minister" means the Minister of Health;

(f) "optical appliances" means lenses, spectacles, eye glasses, contact lenses or parts connected or attached to these for the relief or correction of a visual or muscular error or defect of the eyes;

(g) "optical dispensing" means

(i) the supplying, repairing and dispensing of optical appliances,

(ii) the interpretation of prescriptions of optometrists and medical practitioners, or

(iii) the fitting, adjusting and adapting of optical appliances to the human face and eyes in accordance with the prescriptions of optometrists and medical practitioners;

(h) "register" means the register of dispensing opticians; and

(i) "registrar" means the Registrar of Dispensing Opticians designated under this Act.

1981 c46 s2

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Application of Act

3. This Act does not apply

(a) to optometrists registered under the Optometry Act or medical practitioners licensed under the Medical Act; or

(b) to the sale of non-corrective protective lenses for industrial purposes, coloured lenses that are not optical appliances, goggles or magnifying lenses that are not designated for the relief, prevention or correction of visual or ocular anomalies of the eyes.

1981 c46 s3

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Board

4. (1) The Dispensing Opticians Board is continued as a corporation, consisting of 7 members appointed by the minister, 4 of whom shall be dispensing opticians and 3 others who shall not be dispensing opticians, 1 of whom may be a medical practitioner licensed under the Medical Act, 1 of whom may be an optometrist registered under the Optometry Act and 1 of whom is to be neither a medical practitioner nor an optometrist.

(2) A member of the board may be appointed for a period not exceeding 3 years and is eligible for reappointment, but a member may not serve for a continuous period exceeding 9 years.

(3) The board shall supervise optical dispensing in the province.

(4) The minister shall designate 1 member of the board as chairperson and another member, who is a dispensing optician, as registrar.

1981 c46 s4

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Fees

5. (1) In prescribing the fees payable under this Act, the board shall, so far as it is practicable, ensure that the amount of fees is sufficient to enable it to discharge its duties under this Act.

(2) All money received by the board shall be applied by it to its duties under this Act.

1981 c46 s5

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Licence to practise

6. (1) A person is entitled to a licence from the board to practise as a dispensing optician if he or she pays the prescribed fee, has passed the examinations set by the board, and

(a) has successfully completed a course in optical dispensing recognized by the board and has received practical training in optical dispensing from a dispensing optician or optometrist for a period of at least 1 year;

(b) has completed at least 3 years' training in optical dispensing under the direct supervision of a dispensing optician or optometrist, and has completed a home study course in optical dispensing recognized by the board; or

(c) has another combination of practical experience and training in optical dispensing that is satisfactory to the board.

(2) A dispensing optician shall have his or her licence renewed annually upon payment of the prescribed fee.

(3) The board may issue temporary licences, without examination, to persons for the purpose of providing the services of dispensing opticians to under-serviced areas of the province.

1981 c46 s7; 1984 c22 s2

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Duties of registrar

7. (1) The registrar shall maintain a register of dispensing opticians in which he or she shall enter the names of all persons licensed to practise as dispensing opticians in the province.

(2) The registrar shall maintain a register of dispensing opticians in training in which he or she shall enter the names of all persons in training to become dispensing opticians.

(3) The registrar shall publish a list of all persons licensed to act as dispensing opticians in the province in a newspaper of general circulation throughout the province before February 28 in each year.

1981 c46 s8

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Suspension, etc. of registration

8. (1) Where the board has reasonable grounds to believe that a dispensing optician is not providing optical appliances in accordance with acceptable standards it may, following a hearing,

(a) direct the name of the dispensing optician to be removed from the register;

(b) suspend the licence of the dispensing optician for a period that the board may prescribe; or

(c) direct the dispensing optician to take a course of study prescribed by the board and to be re-examined by the board as to his or her qualifications.

(2) The board is vested with all the powers that are or may be conferred on a commissioner under the Public Inquiries Act for the purpose of a hearing held under subsection (1).

(3) A dispensing optician who is the subject of a hearing under subsection (1) has the right to be heard and to be represented by a person of his or her choice.

1981 c46 s9

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Appeal

9. (1) An appeal lies to a judge of the Trial Division from a decision of the board made under section 8.

(2) An appeal made under subsection (1) may be made within 30 days of written notice to the dispensing optician of the decision of the board.

1981 c46 s10; 1986 c42 Sch B

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Regulations

10. The board may, subject to the approval of the minister, make regulations

(a) providing for the holding and procedure of its meetings;

(b) providing for the examination of persons who wish to become dispensing opticians and prescribing the content and conduct of that examination;

(c) prescribing the fees payable for the issuance and renewal of licences;

(d) prescribing forms for the purpose of this Act;

(e) providing for the issuance and renewal of a licence or temporary licence to act as a dispensing optician;

(f) prescribing the home study courses and courses in optical dispensing recognized by the board; and

(g) providing for the certification of dispensing opticians qualified to dispense contact lenses.

1981 c46 s11

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Prescription necessary

11. (1) An optical appliance shall only be supplied by a dispensing optician upon and in accordance with a prescription of a licensed medical practitioner or registered optometrist.

(2) A duplication of an optical appliance may be dispensed by a dispensing optician without a further prescription by a medical practitioner or optometrist.

1981 c46 s12

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Contact lenses

12. Contact lenses shall only be fitted by a dispensing optician

(a) who holds a certificate from the board authorizing him or her to do so;

(b) under the direction of a licensed medical practitioner or registered optometrist; and

(c) upon a prescription of a licensed medical practitioner or registered optometrist that specifically prescribes contact lenses.

1981 c46 s13

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Offence

13. A person shall not engage in optical dispensing unless he or she is licensed as a dispensing optician under this Act or employs a dispensing optician licensed under this Act who is in full-time supervision of the optical dispensing portion of that person's business.

1981 c46 s14

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Penalty

14. A person who contravenes this Act is guilty of an offence and is liable on summary conviction to a fine not exceeding $500 and to imprisonment for a term not exceeding 1 month in default of payment or to both a fine and imprisonment.

1981 c46 s15

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Effect of the Optometry Act

15. The Optometry Act does not apply to a dispensing optician licensed under this Act who practises optical dispensing within the meaning of this Act.

1918 c46 s16

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