FOR IMMEDIATE RELEASE, WEDNESDAY, MAY 3, 1967 STATE OF NEW YORK MEMORANDUM filed with Senate Bill Number 3335-A, entitled: #274 НОТ АРPROVED "AN ACT to amend the education law, in relation This bill would prohibit a corporation or other retail firm or store from employing a licensed optometrist to provide optometric services to persons other than fellow employees. The bill would also prohibit an optometrist from establishing a practice in association with any person not licensed as an optometrist. This bill appears to embody conflicting and ambiguous provisions. The bill in its present form would make it illegal, for example, for an optometrist to practice his profession in association with other licensed medical practitioners. It appears to require a prescription for optical instruments that have no necessary relationship to the correction of any visual defect or deformity such as binoculars, microscopes and telescopes. It appears to make it illegal for an optometrist to open an office in any commercial office building or shopping center since under the provisions of the bill such a building is a "place" where occupations unrelated to the practice of optometry are carried on. It attempts to permit those now employed by a corpőration or other firm to continue this employment, but in another subdivision of the bill it makes it a misdemeanor to provide such employment. Moreover, the Insurance Department, in urging disapproval of this bill has written to me as follows: .. The Department is concerned with the bill since it could prevent union welfare funds and health centers regulated by Article III-a of the Insurance Law from employing the services of optometrista, and hinder the right to choose optometric vendors thereby increasing the cost of optometric services with no foreseeable benefit to members In addition, insurers who cover the cost of optometric materials would be faced with increased costs which would have to be ultimately reflected in the rates with no increase in the quality of services for the foreseeable future. Permanent "The Department favors the highest quality optometric care, but this legislation will not accomplish such result. The bill is penal in nature and violation of its vague provisions is a misdemeanor. Because of its defects and ineffectiveness, we urge that it be vetoed." Also recommending disapproval of this bill are the Department of Commerce, the New York State AFL-CIO, the Association of the Bar of the City of New York, and the National Association of Optometrists and Opticians, among numerous others. The bill is disapproved, (Signed) NELSON A. ROCKEFELLER STATE OF NEW YORK 3335A IN SENATE February 16, 1967. 1 Introduced by Mr. GORDON-read twice and ordered printed, and when printed to be committed to the Committee on Iligher Education AN ACT To amend the education law, in relation to the practice of the profession of optometry The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Declaration and purposes: The legislature hereby 2 finds and declares that: 3 The practice of the profession of optometry affects the public 4 health, safety and welfaro and because it protects, correcta and 5 conserves the vision of the public of the state, has for many years 6 been subjected to licensure, regulation and control in the public 7 interest. It is a matter of public interest and concern that the 8 profession of optometry continue to merit and receive the con9fidence of the public; that the relationship between the optometrist 10 and the members of the public be on the highest level of trust, confidence and doctor-patient basis; that the optometrist owes his 11 EXPLANATION Matter in Melica la ecw; moniter la brockete ( 3 in old law to be adultted. 1909 OPTOMETRY 2 103 1 solo duty and responsibility to his immediate patient; that the 2 optometrist in ministering to the visual needs of his patient be 3 unfettered by any obligations to a lay person or corporation who 4 or which is not or cannot be educated, trained, examined, licensed, 5 regulated as an optometrist and that the practice of optometry by 6 unlicensed persons or corporations employing optometrists, creates 7 a dual responsibility for the optometrist with respect to his immedi 8 ate patient and to his lay employer which is inimical to the public 9 health and welfare. 10 * ! § 2. Section seventy-one hundred nine of the education law, is 11 hereby amended to read as follows: 12 § 7109. [Sales of eyeglasses, spectacles and lenses at retail] 13 Regulation of practice of optometry. 1. It shall be unlawful [for 14 any person, firm or corporation to sell, at retail, as merchandise, 15 in any store or established place of business in the state, any 16 spectacles, eyeglasses, or lenses for the correction of vision, unless 17 a duly licensed physician or duly qualified optometrist, licensed 18 under part one of this article, be in charge of and in personal 19 attendance at the booth, counter or place, where such articles aro 20 sold in such store or established place of business]to sell, dispense, 21 furnish or supply any spectacles, eyeglasses or lenses to the public, 22 for the aid or correction of vision, except upon the writien prescrip23 tions of a duly licensed physician or a duly licensed optometrist. 24 This shall not prohibit, however, a duly certified opthalmic dis25 penser from selling, providing, furnishing or adapting spectacles, 26 eyeglasses or lenses only on prescription of [physicians] a duly 3 2. It shall be unlawful for any optometrist to make an cyo 4 examination, visual analysis, refraction, or conduct any part of 5 the practice of optometry, either directly or indirectly, as an 6 employce or associato of any person not licensed as an optometrist, 7 or of any firm, corporation, lay body, organization, or group; pro8 vided, however, that this prohibition shall not be construed to 9 prevent the continuance by an optometrist of any such contract 10 of employment or of any such assocation or other arrangement 11 existing at the time this section as hereby amended takes effect or 12 to prevent such an optometrist from making such a contract of 13 employment or a new such association or arrangement with or 14 for a new employer. 15 3. It shall be unlawful for any corporation, lay body, organiza16 tiền, group or lay person in any manner to make an examination, 17 visual analysis, refraction, or to conduct any part of the practice 18 of optometry through the means of engaging the services on a 19 salary, commission or any other compensatory basis, directly or 20 indirectly, or an optometrist licensed under the provisions of this 21 article, provided that this prohibition shall not apply to any 22 university or school of medicine or of optometry, hospital, health 23 center, clinic or similar non-profit institution or to any public 24 or governmental agency; nor shall it prevent a duly licensed 25 optometrist from being employed and compensated by a firm, 26 corporation, lay body, organization, or group for the purpose of 1 rendering optometric care to the employees of the firm, corporation, 2 lay body, organization, or group by which he is employed. 34. It shall be unlawful for an optometrist to practice optometry 4 or any part thereof in any retail or commercial location, or in any 5 premises not exclusively devoted to the practice of optometry or 6 other health care professions, or in any place where any trade, 7 occupation or business, unrelated to the practice of optometry or 8 other health care profession is conducted; provided, however, that g this prohibition shall not he construed to prevent the continuance 10 by an optometrist of the practice of optometry in any such location 11 or premises on the date when this section as hereby amended 12 takes effect or to prevent such an optometrist from continuing the 13 practice of optometry in any new such location or premises for and 14 during the period of ten years from the effective date of this section 15 as hereby amended. 16 [The peddling of It shall be unlawful to peddle spectacles, 17 eyeglasses or lenses or [the practicing of to practice optometry 18 or opthalmic dispensing from house to house or on the streets or 19 highways, [by any person also shall be unlawful, notwithstanding 20 any law providing for licensing peddlers. This shall not prohibit, 21 however, an optometrist or physician from attending, prescribing 22 for and furnishing spectacles, eyeglasses or lenses, or a certified 23 opthalmic dispenser from furnishing or adapting spectacles, eye24 glases or lenses, to a person who by reason of illness, physical or 25 mental infirmity is confined to his abode. 26 § 3. This act shall take effect January first, nineteen hundred 27 sixty-eight. |