S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3644

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. MORELLE, CLARK, CYMBROWITZ, HOOPER -- Multi-Spon-
  sored  by  --  M. of A.  ORTIZ, PERRY -- read once and referred to the
  Committee on Higher Education

AN ACT to amend the education law, in relation to registering and  oper-
  ating optical stores

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article  144-A
to read as follows:
                              ARTICLE 144-A
                             OPTICAL STORES
SECTION 7130. OPTICAL STORES.
  S 7130. OPTICAL STORES. 1. NO PERSON, FIRM, CORPORATION OR ASSOCIATION
SHALL  ENGAGE IN THE SALE OF PRESCRIPTION EYE GLASSES OR CONTACT LENSES,
UNLESS THE ESTABLISHMENT AT WHICH OR THROUGH WHICH SUCH SALE IS EXECUTED
IS: A. REGISTERED BY THE DEPARTMENT AS AN OPTICAL STORE, OR B. A PROFES-
SIONAL SERVICE CORPORATION, A LIMITED LIABILITY COMPANY, A  PROFESSIONAL
SERVICE  LIMITED  LIABILITY  COMPANY,  OR A REGISTERED LIMITED LIABILITY
PARTNERSHIP.
  2. A. OBTAINING A REGISTRATION. AN OPTICAL STORE SHALL  BE  REGISTERED
AS FOLLOWS:
  (1)  THE APPLICATION SHALL BE MADE ON A FORM PRESCRIBED BY THE DEPART-
MENT.
  (2) THE APPLICATION SHALL BE ACCOMPANIED  BY  A  FEE  OF  ONE  HUNDRED
EIGHTY DOLLARS; PROVIDED HOWEVER THAT PROFESSIONAL SERVICE CORPORATIONS,
LIMITED  LIABILITY  COMPANIES,  PROFESSIONAL  SERVICE  LIMITED LIABILITY
COMPANIES AND REGISTERED LIMITED LIABILITY PARTNERSHIPS ARE NOT  SUBJECT
TO SUCH FEE.
  (3)  A  SEPARATE  REGISTRATION  SHALL  BE  REQUIRED  FOR EACH SEPARATE
LOCATION AT WHICH EYE GLASSES OR CONTACT LENSES ARE SOLD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01314-01-5

              

A. 3644                             2

  B. RENEWAL OF REGISTRATION. ALL REGISTERED OPTICAL  STORE'S  REGISTRA-
TIONS SHALL BE RENEWED TRIENNIALLY. THE REGISTRATION RENEWAL APPLICATION
SHALL BE ACCOMPANIED BY A FEE OF ONE HUNDRED DOLLARS. SUCH RENEWAL SHALL
INCLUDE  THE  SUBMISSION  OF  SUCH INFORMATION AS MAY BE REQUIRED BY THE
DEPARTMENT,  PURSUANT  TO  REGULATIONS OF THE COMMISSIONER, ATTESTING TO
THE ADEQUACY OF THE FACILITY AND SUCH OTHER STANDARDS DEEMED APPROPRIATE
BY THE DEPARTMENT.
  C. DISPLAY OF REGISTRATION. THE REGISTRATION  SHALL  BE  CONSPICUOUSLY
DISPLAYED  AT  ALL  TIMES  IN THE REGISTERED OPTICAL STORE. THE NAME AND
ADDRESS OF THE OWNER OF A REGISTERED OPTICAL STORE SHALL BE CONSPICUOUS-
LY DISPLAYED UPON THE  EXTERIOR  OF  SUCH  ESTABLISHMENT.  THE  NAME  SO
DISPLAYED  SHALL BE PRESUMPTIVE EVIDENCE OF OWNERSHIP OF SUCH REGISTERED
OPTICAL STORE BY SUCH PERSON. THE OPTICAL STORE REGISTRATION SHALL  ALSO
BEAR  THE  NAME  OF  THE  LICENSED  OPHTHALMIC DISPENSER, OPTOMETRIST OR
PHYSICIAN HAVING DIRECT SUPERVISION OF THE REGISTERED OPTICAL STORE.  IN
THE EVENT THAT SUCH LICENSED OPHTHALMIC DISPENSER, OPTOMETRIST OR PHYSI-
CIAN  SHALL  NO LONGER HAVE DIRECT SUPERVISION OF THE REGISTERED OPTICAL
STORE, THE OWNER SHALL NOTIFY THE DEPARTMENT OF SUCH FACT AND  THE  NAME
OF THE LICENSED OPHTHALMIC DISPENSER, OPTOMETRIST OR PHYSICIAN REPLACING
THE  OPHTHALMIC DISPENSER, OPTOMETRIST OR PHYSICIAN NAMED ON THE LICENSE
AND SHALL APPLY FOR AN AMENDED  REGISTRATION  SHOWING  THE  CHANGE.  THE
AMENDED  REGISTRATION SHALL BE ATTACHED TO THE ORIGINAL REGISTRATION AND
DISPLAYED IN THE SAME MANNER.
  D. CHANGE OF LOCATION. IN THE EVENT THAT THE LOCATION OF A  REGISTERED
OPTICAL  STORE SHALL BE CHANGED, THE OWNER SHALL APPLY TO THE DEPARTMENT
FOR ENDORSEMENT OF THE REGISTRATION FOR THE NEW LOCATION.  THE  FEE  FOR
SUCH  ENDORSEMENT SHALL BE AS IS DETERMINED BY THE DEPARTMENT, UNLESS IT
APPEARS TO THE  SATISFACTION  OF  THE  DEPARTMENT  THAT  THE  CHANGE  IN
LOCATION IS OF A TEMPORARY NATURE DUE TO FIRE, FLOOD OR OTHER DISASTER.
  E.  CONDUCT OF A REGISTERED OPTICAL STORE. EVERY OWNER OF A REGISTERED
OPTICAL STORE OR EVERY OPHTHALMIC DISPENSER, OPTOMETRIST OR PHYSICIAN IN
CHARGE OF A REGISTERED OPTICAL STORE SHALL BE RESPONSIBLE FOR THE PROPER
CONDUCT OF THE REGISTERED OPTICAL STORE AND CARRYING OUT THE  PROVISIONS
OF  THIS  ARTICLE.  EVERY  REGISTERED  OPTICAL  STORE SHALL BE UNDER THE
DIRECT SUPERVISION OF A LICENSED OPHTHALMIC  DISPENSER,  OPTOMETRIST  OR
PHYSICIAN  AT  ALL HOURS WHEN OPEN. NO OPHTHALMIC DISPENSER, OPTOMETRIST
OR PHYSICIAN SHALL HAVE DIRECT SUPERVISION OF MORE THAN  ONE  REGISTERED
OPTICAL STORE AT THE SAME TIME.
  3.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT APPLY TO FACILITIES
DEFINED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC  HEALTH  LAW  AND
HEALTH  MAINTENANCE  ORGANIZATIONS  WHICH  OPERATE AN OPTICAL DISPENSING
ESTABLISHMENT PROVIDED THE DISPENSING SERVICES OR PRODUCTS AT THE FACIL-
ITIES ARE AVAILABLE ONLY TO INDIVIDUALS WHO ARE IN-PATIENTS  OR  OUT-PA-
TIENTS  AT  SUCH  FACILITIES.  SUCH  FACILITIES  SHALL BE SUBJECT TO THE
PROVISIONS OF THIS SECTION, IF THEY RENDER RETAIL OR WHOLESALE  DISPENS-
ING SERVICES OR PRODUCTS TO THE GENERAL PUBLIC.
  4.  INSPECTION.  THE  DEPARTMENT,  AND ITS EMPLOYEES DESIGNATED BY THE
COMMISSIONER, SHALL HAVE THE RIGHT TO ENTER A REGISTERED  OPTICAL  STORE
AND  INSPECT,  AT  REASONABLE  TIMES, SUCH ESTABLISHMENT AND ALL RECORDS
REQUIRED BY THIS ARTICLE, PERTINENT EQUIPMENT, AND  RELATED  FACILITIES,
MATERIALS, AND OTHER ITEMS RELEVANT TO THE OPERATION OF SUCH STORE.
  5.  REVOCATION  OR  SUSPENSION.  AN  OPTICAL STORE REGISTRATION MAY BE
REVOKED, SUSPENDED OR SUBJECT TO SUCH OTHER  DISCIPLINARY  SANCTIONS  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF ARTICLE ONE HUNDRED THIRTY OF THIS
TITLE. THE OWNER OF SUCH OPTICAL STORE SHALL BE LIABLE FOR ANY FINES  OR
FINANCIAL   PENALTIES   LEVIED   AS  THE  RESULT  OF  SUCH  DISCIPLINARY

A. 3644                             3

PROCEEDINGS. A SUPERVISING PROFESSIONAL SHALL ALSO BE SUBJECT TO  DISCI-
PLINARY  PROCEEDINGS FOR FAILURE TO EXERCISE THE SUPERVISION REQUIRED BY
THIS SECTION.  SUCH  DISCIPLINARY  PROCEEDINGS  SHALL  BE  CONDUCTED  BY
OFFICES  OF  PROFESSIONAL DISCIPLINE OR PROFESSIONAL MEDICAL CONDUCT, AS
APPROPRIATE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, any rules  and  regu-
lations  necessary to implement the provisions of this act on its effec-
tive date are authorized to be made on or before such date.