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CONSOLIDATED

NEWFOUNDLAND

AND

LABRADOR

REGULATION 1105/96

Dispensing Opticians Regulations

under the

Dispensing Opticians Act

(O.C. 96-941)

Under the authority of

section 10 of the Dispensing Opticians Act

and the Subordinate Legislation Revision and Consolidation Act

, the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis

Short title

Definitions

Officers of the board

Meetings of the board

Application for licensure

Revocation of registration

Renewal

Licence expiration or cancellation

Certification as contact lens fitter

Certification requirements

Registration

Certificate to be displayed

Duplicate certificates

Occupation designation

Unprofessional conduct

Effect of removal from register

Dispensing opticians in training

Unprofessional conduct by student optician

Notice of expiration

Temporary licence

Notification of change

Examinations

Content of examination

Application for examination

Availability of regulations

Fees

Repeal

Short title

These regulations may be cited as the Dispensing Opticians Regulations.

311/85 s1

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Definitions

In these regulations

(a)

"Act" means the Dispensing Opticians Act

; and

(b)

"certified contact lens fitter" means a dispensing optician who is registered in a special register as a contact lens fitter.

311/85 s2

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Officers of the board

(1) The board, from among its members, shall appoint a treasurer who along with the chairperson and registrar appointed by the minister shall be the officers of the board.

(2) The treasurer shall hold office for a term to be decided by the board.

(3) The treasurer shall have general supervision of the financial affairs of the board and shall perform those other duties that may be assigned to that person by the board.

(4) The registrar shall also act as secretary of the board.

(5) The registrar shall keep or cause to be kept the minutes of all meetings of the board and shall perform those other duties that may be assigned to that person by the board.

(6) The board may delegate the duties of the officers that it may consider necessary or describe to another member of the board or an employee of the board.

311/85 s3

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Meetings of the board

(1) Meetings of the board shall be called by the chairperson at the direction of at least 2 members of the board upon his or her own initiative upon giving at least one week's notice of the time and place for the meeting.

(2) Three members of the board shall constitute a quorum for the meeting of the board.

(3) Decisions of the board shall be by majority vote with each member of the board having one vote and the chairperson of the board having a second vote in the event of a tie.

311/85 s4

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Application for licensure

(1) An application for a licence as a dispensing optician shall be in the form prescribed by the board.

(2) An applicant who is entitled to be licensed as a dispensing optician under

section 7 of the Act shall be issued a licence as a dispensing optician.

(3) A dispensing optician shall prominently display a certificate evidencing his or her status as a dispensing optician in the dispensary at which he or she practises as a dispensing optician except during a period when his or her licence as a dispensing optician is under suspension.

(4) A dispensing optician shall prominently wear a name badge evidencing his or her status as a dispensing optician.

311/85 s5; 63/92 s1

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Revocation of registration

The removal of a dispensing optician from the register of dispensing opticians automatically carries with it the revocation of the certified contact lens fitter's registration where applicable.

311/85 s6

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Renewal

A licence as a dispensing optician expires on June 30 in each year unless renewed by the holder of the licence on or before June 30 of that year.

311/85 s7; 227/93 s1

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Licence expiration or cancellation

(1) The registrar shall notify by registered mail a dispensing optician whose licence has expired or has been cancelled by the board and the notice shall be considered to have been sufficiently given to the dispensing optician if addressed to him or her at his or her last known address as shown on the appropriate register.

(2) Where an application for renewal of a licence as a dispensing optician is made more than 2 years after the year in which the licence expired, that licence shall not be renewed unless the qualifications of the applicant have been reviewed by the board and the board approves the renewal and the applicant has paid the prescribed fee.

(3) During the period commencing at least 60 days and ending not less than 30 days before the expiration of a dispensing optician's licence, the registrar shall notify the holder of the licence by mailing to him or her at his or her last known address as shown on the register of dispensing opticians that his or her licence as dispensing optician shall expire unless renewed before the date of expiry specified in the licence.

311/85 s8

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Certification as contact lens fitter

A dispensing optician who holds a valid licence from the board may apply to the board to be certified as a contact lens fitter.

311/85 s9

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Certification requirements

A person shall not be registered as a certified contact lens fitter unless he or she complies with the following requirements:

(

a) he or she is a licensed dispensing optician in good standing;

(

b) he or she has completed and filed with the registrar an application for certification as a certified contact lens fitter in the prescribed form;

(

c) he or she

(

i) has successfully completed a course of instruction in the technique of contact lens fitting in a program prescribed by the board in this regulation, or

(ii)

has, in the opinion of the board, equivalent academic qualification;

(

d) he or she has paid the fees prescribed by the board; and

(

e) he or she has passed an examination prescribed by the board.

311/85 s10

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Registration

An applicant who has satisfied the requirements in

section 10 shall be registered by the registrar as a certified contact lens fitter and shall be issued with a certificate evidencing the holder to be a certified contact lens fitter.

311/85 s11

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Certificate to be displayed

A certified contact lens fitter shall prominently display a certificate evidencing his or her status as a certified contact lens fitter in the dispensary at which he or she practises as a dispensing optician, except during a period when his or her certificate of registration as a certified contact lens fitter is under suspension.

311/85 s12

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Duplicate certificates

A duplicate original certificate evidencing the status of a certified contact lens fitter shall be issued by the registrar upon payment of the prescribed fee to a dispensing optician who practises in more than one dispensary.

311/85 s13

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Occupation designation

A certified contact lens fitter may use the occupational designation "Certified Contact Lens Fitter" on printed material and signs associated with his or her practice.

311/85 s14

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Unprofessional conduct

It shall be unprofessional conduct for a dispensing optician other than a certified contact lens fitter to announce or hold himself or herself out to the public as a certified contact lens fitter.

311/85 s15

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Effect of removal from register

The removal of the name of a certified contact lens fitter from the register of certified contact lens fitters does not automatically revoke the licence of a dispensing optician.

311/85 s16

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Dispensing opticians in training

(1) Dispensing opticians in training are designated as a class of persons for which the board may establish a special register.

(2) In this regulation a dispensing optician in training means a person who has

(

a) successfully completed

(

i) Grade 11 or its equivalent, as certified by the Department of Education of the province, with a minimum of 70% in mathematics and physics, in the case of persons graduating from high school before July 1, 1983, or

(ii)

Grade 12 or its equivalent, as certified by the Department of Education of the province, with a minimum of 70% in mathematics and physics, in the case of persons graduating from high school after

July 1, 1983

(

b) satisfied the registrar that he or she

(

i) is enrolled as a student in a course of study of optical dispensing approved under the regulations,

(ii)

is pursuing in-service training in dispensing in the province under the direct supervision of a dispensing optician licensed under the Act and regulations in conjunction with or following acceptance into a course of study in dispensing approved under the regulations, or

(iii)

has, in the opinion of the board, qualifications equivalent to those referred to in subparagraphs (

i) and (ii);

(

c) completed and filed with the registrar an application for registration as a dispensing optician in training; and

(

d) paid the prescribed fees.

(3) A person who is a dispensing optician in training under subsection (2) shall

(

a) be registered by the registrar as a dispensing optician in training and shall be issued a registration certificate evidencing him or her to be a student in dispensing optician; and

(

b) prominently wear a name badge evidencing his or her status as a student optician.

(4) The registration of a dispensing optician in training expires on September 1 in each year unless renewed by the holder on or before that date.

(5) An application for registration as a dispensing optician in training may only be made 3 times in 3 successive years after registration under subsection (3) except where otherwise authorized by the board.

(6) A dispensing optician in training who is registered in the special register may assist a dispensing optician in the dispensing of ophthalmic appliances, except contact lenses, only under the direct supervision of the dispensing optician who checks and approves the work of the dispensing optician in training.

(7) A dispensing optician who supervises a dispensing optician in training shall

(

a) indicate on a form prescribed by the board his or her approval of the work supervised; and

(

b) upon the termination of the term of supervision, furnish the student dispensing optician with a declaration of service in a form prescribed by the board.

311/85 s17; 63/92 ss2-4

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Unprofessional conduct by student optician

The board may remove from the special register the name of a dispensing optician in training where the board is satisfied that he or she has acted in an unprofessional manner.

311/85 s18

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Notice of expiration

During the period commencing at least 60 days and ending not less than 30 days before the expiration of a certificate of registration as a dispensing optician in training, the registrar shall give each person who is the holder of that certificate notice, by mailing to that person at his or her last known address shown on the register of dispensing opticians in training, that his or her certificate of registration expires unless renewed before the date of expiry specified.

311/85 s19

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Temporary licence

(1) The board may issue a temporary licence, without examination, to persons for the purpose of providing dispensing services, other than contact lens fittings, in under-serviced areas of the province.

(2) A licence issued under subsection (1) shall be for a specified time period, not exceeding 3 months and shall limit the practice of dispensing to areas designated in the application.

(3) Fees for a temporary licence shall be the appropriate proportion of the annual fee for a licensed dispensing optician.

(4) A temporary licence may be renewed for further periods, or areas, after approval of the board.

311/85 ss20-22; 63/92 s5

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Notification of change

(1) A dispensing optician and dispensing optician in training shall notify the registrar in writing of a change in his or her name, residential address, or in the name and location of a dispensary where the dispensing optician practises as a dispensing optician or where the dispensing optician in training is employed, within 10 days of the change.

(2) Notwithstanding subsection (1), a dispensing optician or dispensing optician in training is not required to notify the registrar of a change in the name and location of a dispensary where he or she practises as a dispensing optician or is employed, if the change is for a temporary period not exceeding 21 days.

311/85 s23

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Examinations

(1) The board shall conduct a minimum of one examination each year for persons who wish to be licensed as dispensing opticians.

(2) Notwithstanding subsection (1), an application to take the board examinations for a dispensing optician's licence or a certified contact lens fitter licence may only be made 3 times except where otherwise authorized by the board.

(3) Where a student is unsuccessful on the third writing of an examination, the board may direct a further course of study before approving another sitting of the examination.

311/85 s24; 63/92 s6

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Content of examination

Examinations shall consist of a written paper, oral examination and practical examination which shall be determined by the board.

311/85 s25

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Application for examination

A person who

(

a) pays the prescribed examination fee;

(

b) successfully completes a course of approved study has, in the opinion of the board, qualifications equivalent to it; and

(

c) is a person ordinarily resident in the province,

may apply to be examined by the board.

311/85 s26

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Availability of regulations

Copies of regulations made by the board under

section 10 of the Act with the approval of the minister, shall be available for inspection by a dispensing optician.

311/85 s28

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Fees

(1) The fee payable for a licence to practise as a dispensing optician shall be prescribed by the board and shall be payable on or before June 30 in each year with provision to prorate the fee for licences issued on or after January 1 of any year.

(2) The fee for renewal of a licence that has expired is the annual fee for the renewal of the licence plus an amount prescribed by the board for each year or part of a year after the year in which the licence expired.

(3) The fee for registration as a dispensing optician in training shall be prescribed by the board.

(4) The fee for the renewal of registration of a dispensing optician in training shall be prescribed by the board.

(5) The examination fee referred to in

section 24 shall be prescribed by the board.

(6) The fee for a duplicate original licence as a dispensing optician or as a certified contact lens fitter shall be prescribed by the board.

(7) The fee for registration as a certified contact lens fitter shall be prescribed by the board.

311/85 s29; 200/88 s1; 227/93 s2

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Repeal

The Dispensing Opticians (Consolidation) Regulations, 1985,

Newfoundland

Regulation 311/85, are repealed.

Earl G. Tucker, Queen's Printer