1. Do You Know What Your License Allows You To Do?
The New York State Board for Ophthalmic Dispensing
Do You Know What Your License Allows You To Do?
Release of PD
Illegal Practice
Registration bill

2. State Board for Ophthalmic Dispensing
Thania Fernández,
Executive Secretary
Current Board Membership:
Carol Marx, Chairperson
Rhody Spooner, Vice Chair
Charles Brein
Anthony Englezos
Phillip E. Jones

3. Board Composition At least Seven (7) Licensed Ophthalmic Dispensers
NYS residents
Practice in NYS for at least 5 years
At least One (1) Public Member

4. The NYS Board Does Not… Enact laws. Adopt regulations.
Passed by elected representatives in NYS Legislature and signed by Governor
Adopt regulations.
Adopted by the NYS Board of Regents

5. The NYS Board Does Not… Engage in lobbying activities.
Board and Executive Secretary may provide technical assistance, but do not speak for the Department or Board of Regents
Exist as a professional association.
Charged with protection of the public, not necessarily promotion of the profession

6. New York State
Education Department

8. The Board Does…
Monitor trends in the profession

9. Eye Know?

10. How long must I keep them?
PATIENT RECORDS
How long must I keep them?

11. And is it different for children?
PATIENT RECORDS
And is it different for children?

12. Adults 6 years Children until they are 22 years of age
PATIENT RECORDS
Adults 6 years Children until they are 22 years of age

13. Does an eyeglass Rx expire?
Prescriptions
Does an eyeglass Rx expire?

14. Prescriptions
Eye Glass Rx’s do not have a formal expiration date . That date is based upon your professional judgement.

15. Prescriptions
Are you required to provide your patients a copy of their contact lens script?

16. Prescriptions
Yup
The Fairness to Contact Lens Consumers Act requires you to give a copy of the patients contact lens script whether they ask for it or not?

17. Pupillary Distance
Is the Pupillary Distance measurement part of the Medical record or Rx?

18. It is part of the Medical Record
Pupillary Distance
It is part of the Medical Record

19. Can I charge for a Pupillary Distance measurement?

20. Providing Services
YES. If you have never made glasses for the patient you are entitled to charge for services you are providing

21. Payments
If I am out of the office can my Receptionist hand out and take payment for contact lenses?

22. Payments
As long as a licensed and registered dispenser has verified the contact lenses

23. If I am convicted of a crime can I lose my license?
NYS LICENSURE
If I am convicted of a crime can I lose my license?

24. NYS LICENSURE
Oh yah!

25. NYS LICENSURE This includes:
Being convicted of a crime, or falsifying documentation related to criminal conviction.
Fraud
Being a habitual user of drugs
Practicing while the ability to practice is impaired by alcohol, drugs, or mental disability
Physically or sexually abusing a patient

26. What automatically initiates a review by the Board of Regents?
DWI or other felonies
Medicare, Medicaid or other insurance fraud

27. Mentoring
If I am Mentoring a Trainee do I need to be present when they are working ?

28. Mentoring
If you are the Mentor of Record you must be present while the trainee is performing the functions of a licensed professional

29. Continuing Education
Do I need Continuing Education credits to maintain my Dispensing License?

30. Continuing Education
Every OD needs a minimum of credit hours every 3 year registration period 18

31. If I am Contact Lens Certified do I need more?
Continuing Education
If I am Contact Lens Certified do I need more?

32. 20 Continuing Education credit hours every 3 year registration period
A Certified Contact Lens Fitter needs a minimum of
credit hours every 3 year registration period 20

33. I work for a “BIG ” I am required to______________ that is outside the scope of practice. Can I lose my license?

34. Ophthalmic Dispensing scope of practice is defined in Statute.
YOU, the licensee, are responsible to know what is within your scope of practice. You will ultimately face the consequences

35. Recommendations
You are not Certified in Contact Lenses . Sally Sunshine wants a recommendation for solution and wear time. Can You give it?

36. NO!

37. Part 29 of the Rules of the Board of Regents requires you to practice within your personal scope of competence
AND SO
If you are not competent to provide a service that you are legally allowed to provide, then you may not provide that service. If you practice outside your personal scope of competence, you may be charged with professional misconduct.

38. Can a general business corporation employ a professional licensee to provide professional services to the public?

39. We at the Office of the professions are frequently asked questions such as:
Who can legally provide services to the public;
Can a non-licensee own all or part of a professional practice;
Can a licensee provide management services, or provide referrals to licensees;
Can a general business corporation employ a professional licensee to provide professional services to the public.

40. In New York State the law requires that professional services offered by Title VIII professions be offered ONLY by licensed professionals or authorized professional entities. That is the Rule unless specifically authorized by law.

41. Except where specifically authorized by law, a general business corporation may not:
provide professional services to the public;
exercise any judgment over the delivery of professional services;
have employees who offer professional services to the public;
hold itself out as offering professional services; or
share profits or split fees with licensed professionals.

42. However… …EVERY RULE/LAW HAS AN EXCEPTION!

43. EXCEPTION
There are some professions that are statutorily exempt from the corporate practice prohibition. These include pharmacy, optometry, speech language pathology and audiology and ophthalmic Dispensing.

44. EXCEPTION
In Ophthalmic Dispensing, Education Law §7126 titled Special provisions, provides that “Eyeglasses or lenses for the correction of vision or non-corrective contact lenses may be sold by any person, firm or corporation at retail, only on prescription of a licensed physician or optometrist and only if a licensed physician, optometrist or optician is in charge of and in personal attendance at the place of sale.”  

45. HOWEVER… All other LAWS and Regulations that licensees MUST follow are still in existence and Must be obeyed.

46. Like the Office of the Professions on Facebook
Follow the NYS Education Department on Twitter