51 N.J.R. 1334(a)

VOLUME 51, ISSUE 16, AUGUST 19, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 1334(a)
NJ - New Jersey Register  >  2019  >  AUGUST  >  AUGUST 19, 2019  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement

INTERESTED PERSONS
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal.

The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of    N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register.
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at    N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.

Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > BOARD OF EXAMINERS OF OPHTHALMIC DISPENSERS AND OPHTHALMIC TECHNICIANS

Administrative Code Citation

Proposed Repeals and New Rules: N.J.A.C. 13:33-1.1 and 1.2

Proposed Amendments: N.J.A.C. 13:33-1.8, 2.1, and 2.2

Proposed New Rule: N.J.A.C. 13:33-1A and 8.9

Proposed Repeals: N.J.A.C. 13:33-1.3 and 1.4
Text

Application for Ophthalmic Dispenser Apprentice Certificate; Application for Ophthalmic Technician Apprentice Certificate

Authorized By: Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, Renee Clark, Executive Director.

Authority: N.J.S.A. 52:17B-41.13.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2019-121.

Submit written comments by October 18, 2019, to:

   Renee Clark, Executive Director
   State Board of Examiners of Ophthalmic Dispenser and Ophthalmic Technicians
   PO Box 45031
   Newark, NJ 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary

N.J.A.C. 13:33-1.1, 1.2, 1.3, and 1.4 set forth the minimum age and expiration timeframe for ophthalmic dispenser and ophthalmic technician apprentice certificates, but otherwise there are no rules devoted to the application procedure. In order to clearly identify how an applicant obtains an apprentice certificate, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians (Board) proposes to repeal and replace N.J.A.C. 13:33-1.1 and 1.2 to set forth the information an applicant must submit to the Board.
Proposed new N.J.A.C. 13:33-1.1 and 1.2 require an applicant for an apprentice certificate to submit proof of his or her age and proof that his or her preceptor is qualified. An applicant for an ophthalmic dispenser apprentice certificate is also required to indicate the education he or she has completed, or will complete, in ophthalmic science. The Board proposes to repeal N.J.A.C. 13:33-1.3 and 1.4 as the certificate expiration provisions in those rules have been incorporated into proposed new N.J.A.C. 13:33-1.1 and 1.2.

The Board proposes new N.J.A.C. 13:33-1A.1 to provide a definition for the term "Board."

The Board readopted its rules on February 1, 2011, at 43 N.J.R. 642(a). The Board received two comments on the readoption requesting that it require that clinical laboratory courses be taught face-to-face on campus by qualified optical educators. The Board did not amend its rules during the readoption to implement the commenters' request but agreed to make such amendments at a later date. The Board now proposes to amend N.J.A.C. 13:33-1.8, 2.1, and 2.2 to implement the commenters' suggestions. The Board recognizes that education in all fields is going through changes due to technological advances and that online education has become much more available. The Board does not generally oppose such education, but believes that there are portions of ophthalmic education that cannot be effectively taught through online courses. A large component of ophthalmic practice involves physically interacting with consumers. Ophthalmic dispensers must measure consumers' faces and ensure that glasses fit properly. In addition, the manufacturing of lenses is a technically involved process that must be taught by an instructor who is physically present so that he or she can accurately gauge a student's [page=1335] performance and correct any mistakes. Given this significant hands-on component of ophthalmic practice, clinical education cannot realistically be provided through online courses. To ensure that ophthalmic dispenser and ophthalmic technician students are properly learning the tasks they need to know to safely and effectively provide ophthalmic services, clinical education must be provided by individuals who themselves have received the proper ophthalmic education and who are physically present in the same location as students. These requirements will not apply to individuals enrolled in associate degree programs as of, or individuals who began an apprenticeship prior to, the effective date of the amended rules.

The Board proposes to amend N.J.A.C. 13:33-2.1 to clarify application requirements for the Qualifying Technical examination, Ophthalmic Technician licensing examination, and the Ophthalmic Dispensing licensing examination. Currently, the application requirements for all of these examinations are codified at N.J.A.C. 13:33-2.1(b). The Board proposes to relocate these requirements into new subsections (b) and (c) so that it is clearer what an applicant is required to submit in order to qualify to take these examinations. Proposed new subsection (c) also establishes that a four-month apprentice cannot begin until an individual has completed the associate degree program. The Board proposes new N.J.A.C. 13:33-2.1(d) to require that associate degree programs be accredited and that the locations at which an associate degree program's clinical education occurs have the ophthalmic dispensing equipment required by N.J.A.C. 13:33-3.5(a).

N.J.A.C. 13:33-2.2 requires an applicant for a temporary ophthalmic dispenser permit, or an applicant seeking to take the licensing examination, to hold an associate degree from an accredited school or complete 30 credits of coursework. The section does not require that the 30 credits be from an accredited school. To ensure that the 30 credits of coursework cover the information necessary to prepare an applicant to safely and effectively practice ophthalmic dispensing, the Board proposes to amend N.J.A.C. 13:33-2.2 to require that the 30 credits of coursework be completed in a school that is accredited by the Commission on Opticianry Accreditation and by a regional accrediting body recognized by the United States Department of Education. The Board also proposes to amend N.J.A.C. 13:33-2.2 to require that the locations at which clinical education occurs have the ophthalmic dispensing equipment required by N.J.A.C. 13:33-3.5(a).

The Board is concerned that violations of statutes and rules governing the practice of ophthalmic dispensing and instances of unlicensed practice are not being reported to the Board. In order to facilitate the Board's awareness of violations being committed by licensees, the Board proposes new N.J.A.C. 13:33-8.9, which requires licensees to report violations of the Ophthalmic Dispensing Practice Act, N.J.S.A. 52:17B-41.1 et seq., and Board rules. The proposed new rule also requires licensees to report instances of unlicensed practice.
The Board has determined that the comment period for this notice of proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.

Social Impact

The Board believes that proposed new N.J.A.C. 13:33-1.1 and 1.2 will clarify application procedures for those seeking to obtain apprentice dispenser or apprentice technician certificates. This should make it easier for applicants to obtain such certificates. Proposed new requirements that preceptors have been licensed and working for at least the last two years as ophthalmic dispensers and that they have completed continuing education requirements ensures that preceptors have the knowledge and experience to adequately supervise and instruct apprentices.

The Board believes that the proposed amendments to N.J.A.C. 13:33-1.8, 2.1, and 2.2 will ensure that ophthalmic dispenser students are receiving quality clinical education that will properly prepare them to dispense eyewear in a safe and effective manner. This will protect the individuals who eventually receive ophthalmic services from these students when they graduate.

Proposed new N.J.A.C. 13:33-8.9 will increase reporting of violations of statutes and rules and of unlicensed practice. This will help to protect the public from improper professional practices and from unlicensed individuals performing ophthalmic services that they do not have the education to perform safely and effectively.

Economic Impact

It is possible that the proposed amendments to N.J.A.C. 13:33-1.8, 2.1, and 2.2 will increase costs for education programs that do not currently require that the clinical portion of ophthalmic education be taught by individuals legally permitted to dispense eyewear or that do not require students and instructors to be physically present while clinical instruction is provided. The Board believes that the majority of schools that offer ophthalmic coursework, if not all such schools, are accredited as the proposed amendments to N.J.A.C. 13:33-2.2 will require. If an applicant completed coursework in a school that is not accredited, he or she would incur the cost of retaking the coursework.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments, new rules, and repeals.

Jobs Impact

The Board does not believe that the proposed amendments, new rules, and repeals will increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact

The proposed amendments, new rules, and repeals will not have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

If, for purposes of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., ophthalmic education programs, ophthalmic dispensers, and ophthalmic technicians are deemed "small businesses," then the following analysis applies.

The cost imposed on small businesses is the same as imposed on all businesses as discussed in the Economic Impact statement. The Board does not believe that ophthalmic education programs, ophthalmic dispensers, or ophthalmic technicians will need to employ any professional services to comply with the proposed amendments and new rules. The proposed amendments and new rules do not impose any recordkeeping requirements, but does impose compliance and reporting requirements as set forth in the Summary above.

The proposed amendments, new rules, and repeals will protect consumers by ensuring that ophthalmic dispenser students receive adequate clinical instruction and by ensuring that violations of ophthalmic statutes and rules and instances of unlicensed practice are reported to the Board. Given this, the Board believes that the proposed amendments, new rules, and repeals must be applied uniformly to all ophthalmic education programs, ophthalmic dispensers, and ophthalmic technicians regardless of the size of a business.

Housing Affordability Impact Analysis

The proposed amendments, new rules, and repeals will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments, new rules, and repeals concern application, education, and reporting requirements for ophthalmic dispensers and ophthalmic technicians.

Smart Growth Development Impact Analysis

The proposed amendments, new rules, and repeals will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments, new rules, and repeals concerns application, education, and reporting requirements for ophthalmic dispensers and ophthalmic technicians.

Racial and Ethnic Community Criminal Justice and Public Safety Impact

The Board has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole [page=1336] policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.

Regulations

Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:33-1.1, 1.2, 1.3, and 1.4.

Full text of the proposed new rules and amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 1.    APPRENTICESHIPS

13:33-1.1            Application for ophthalmic dispenser apprentice certificate

(a) An individual who applies for an ophthalmic dispenser apprentice certificate shall submit to the Board:

1. A completed application;

2. An indication as to whether the applicant either:

i. Has completed an associate degree in allied health focusing on ophthalmic science that meets the requirements of N.J.A.C. 13:33-2.1(d); or

ii. Will complete 30 credit hours of coursework in ophthalmic science that meets the requirements of N.J.A.C. 13:33-1.8(e).

3. A completed Criminal History Certification of Authorization form;

4. Proof that the applicant is at least 17 years old;

5. Proof that the applicant will be supervised pursuant to N.J.A.C. 13:33-1.5 by a preceptor who:

i. Has been licensed, and has been working, as an ophthalmic dispenser in New Jersey for at least the last two years; and

ii. Certifies that he or she has completed the continuing education requirements of N.J.A.C. 13:33-6.1 and 6.2; and
6. The application fee set forth in N.J.A.C. 13:33-8.8.

(b) An ophthalmic dispenser apprentice certificate shall expire four years after date of issue.

13:33-1.2            Application for ophthalmic technician apprentice certificate

(a) An individual who applies for an ophthalmic technician apprentice certificate shall submit to the Board:

1. A completed application;

2. A completed Criminal History Certification of Authorization form;

3.  Proof that the applicant is at least 16 years old;

4. Proof that the applicant will be supervised pursuant to N.J.A.C. 13:33-1.5 by a preceptor who:

i. Has been licensed, and has been working, as an ophthalmic dispenser in New Jersey for at least the last two years; and

ii. Certifies that he or she has completed the continuing education requirements of N.J.A.C. 13:33-6.1 and 6.2; and

5. The application fee set forth in N.J.A.C. 13:33-8.8.

(b) An ophthalmic technician apprentice certificate shall expire one year after date of issue.

13:33-1.3 and 1.4                (Reserved)

13:33-1.8    Ophthalmic dispenser apprentice; licensing examination

(a)-(e) (No change.)

(f) The Materials I and II Lab and Dispensing I and II Lab portion of the education an ophthalmic dispenser applicant completed pursuant to (e) above shall be provided only by instructors who are legally permitted to practice ophthalmic dispensing in the state in which the instruction is provided. Instructors and students shall be physically present at the site at which the Materials I and II Lab and Dispensing I and II Lab instruction is being provided.

(g) The requirements of (f) above shall not apply to an applicant who began an apprenticeship prior to (the effective date of this amendment).

Recodify existing (f)-(h) as (h)-(j) (No change in text.)

SUBCHAPTER 1A.            DEFINITIONS

13:33-1A.1         Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Board" means the State Board of Ophthalmic Dispensers and Ophthalmic Technicians.

SUBCHAPTER 2.    LICENSURE

13:33-2.1    Application for examination

(a) (No change.)

[(b) Applications shall include a certification from the preceptor certifying that the applicant has completed, or will complete by the time of examination, one year of apprenticeship for the Qualifying Technical examination and the Ophthalmic Technician licensing examination, and three years of apprenticeship for the Ophthalmic Dispensing licensing examination or four months of apprenticeship for applicants for the Ophthalmic Dispensing licensing examination who have an associates degree.]

(b) Applications for the Qualifying Technical examination and the Ophthalmic Technician licensing examination shall include a certification from the applicant's preceptor indicating that the applicant completed one year of apprenticeship.

(c) Applications for the Ophthalmic Dispensing licensing examination shall indicate that the applicant completed either:

1. An associate degree in allied health focusing on ophthalmic science that meets the requirements of (d) below and a four-month apprenticeship that was begun after the completion of the associate degree; or

2. Three years of apprenticeship that meets the requirements of N.J.A.C. 13:33-1.8 and (e) below.

(d) An associate degree in allied health focusing on ophthalmic science shall be from a school that:

1. Is accredited by the Commission on Opticianry Accreditation and a regional accrediting body recognized by the United States Department of Education, Office of Postsecondary Education; and

2. Provides clinical instruction that is:

i. Taught by faculty members who are legally permitted to practice ophthalmic dispensing in the state in which the clinical facility is physically located; and

ii. Conducted in a location at which both faculty members and students are physically located and that is equipped with the optical equipment required by N.J.A.C. 13:33-3.5(a).

(e) The Materials I and II Lab and Dispensing I and II Lab portion of the education an ophthalmic dispenser applicant completed pursuant to N.J.A.C. 13:33-1.8 shall be provided only by instructors who are legally permitted to practice ophthalmic dispensing in the state in which the instruction is provided. Instructors and students shall be physically present at the site at which the Materials I and II Lab and Dispensing I and II Lab instruction is being provided.

(f) The requirements of (d) and (e) above shall not apply to an applicant who was enrolled in an associate degree program as of, or who began an apprenticeship prior to, (the effective date of this amendment).

13:33-2.2    Out-of-State ophthalmic dispenser application

(a) A Temporary Ophthalmic Dispenser Permit shall be issued to an individual from out of the State of New Jersey if the applicant is licensed as an ophthalmic dispenser in another state, has engaged in ophthalmic dispensing for a minimum of three years following the award of his or her license, the last year of ophthalmic dispensing having been acquired within five years of the date of application for the temporary permit and either:

1. (No change.)

2. Has completed 30 credits of course work from a school accredited by the Commission on Opticianry Accreditation and a regional accrediting body recognized by the United States Department of Education, Office of Postsecondary Education, in which he or she [page=1337] obtained a grade of either a "C" or better or a numerical grade of 70 or better, which included:

i.-vii. (No change.)

(b)-(c) (No change.)

(d) An individual who has worked as an ophthalmic dispenser in a state that does not license ophthalmic dispensers shall qualify to take the Ophthalmic Dispenser licensing examination in this State provided that he or she:

1. (No change.)

2. Has worked as a dispenser of prescription eyewear for three calendar years, the last year of which shall have been within five years of the date of application for examination, and has satisfactorily completed 30 credit hours of courses in ophthalmic science from a school accredited by the Commission on Opticianry Accreditation and a regional accrediting body recognized by the United States Department of Education, Office of Postsecondary Education, in which he or she obtained a grade of either a "C" or better or a numerical grade of 70 or better, which included:

i.-vii. (No change.)

(e) Clinical instruction in an associate degree program or the Materials I and II Lab and Dispensing I and II Lab portion of the coursework an applicant completed shall be provided only by instructors who are legally permitted to practice ophthalmic dispensing in the state in which the clinical instruction is provided. Instructors and students shall be physically present at the site at which clinical instruction or the Materials I and II Lab and Dispensing I and II Lab instruction is being provided and the location shall be equipped with the optical equipment required by N.J.A.C. 13:33-3.5(a).

(f) The requirements of (e) above shall not apply to an applicant who was enrolled in an associate degree program as of, or who began his or her coursework prior to, (the effective date of this amendment).

SUBCHAPTER 8.    GENERAL PROVISIONS

13:33-8.9            Reporting of unlawful conduct

(a) A licensee shall report to the Board any incident or series of incidents that the licensee, in good faith, believes is in violation of N.J.S.A. 52:17B-41.1 et seq., or this chapter.

(b) A licensee shall report to the Board any incident of unlicensed practice of ophthalmic dispensing or ophthalmic technicianry of which the licensee is aware.