Rule Proposal

VOLUME 48, ISSUE 23
ISSUE DATE: DECEMBER 5, 2016
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY BOARD OF EXAMINERS OF OPHTHALMIC DISPENSERS AND OPHTHALMIC TECHNICIANS

Proposed Amendments: N.J.A.C. 13:33-5.1 and 5.5

Click here to view Interested Persons Statement


Ophthalmic Dispenser: Definition; Scope of Practice
 
Authorized By: New Jersey Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, Dorcas O'Neal, 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 2016-195.
 
Submit written comments by February 3, 2017, to:
 
   Dorcas O'Neal, Executive Director
   State Board of Examiners of Ophthalmic Dispensers 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.S.A. 39:3-10c requires licensed drivers to take and pass a screening of their vision every 10 years. The law permits optometrists, ophthalmologists, and ophthalmic dispensers to certify such vision screenings. The State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians (Board) proposes to amend N.J.A.C. 13:33-5.5 to recognize that licensed ophthalmic dispensers may perform and certify vision screening on behalf of the Commission. The Board proposes to amend N.J.A.C. 13:33-5.1 to require licensed ophthalmic dispensers to maintain a copy of a completed vision screening report as part of their records.

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 the proposed amendments may have an impact on ophthalmic dispensers. It is possible that ophthalmic dispensers are not aware that they are permitted to verify vision screening pursuant to N.J.S.A. 39:3-10c. The proposed amendments clarify, for ophthalmic dispensers, that verification of vision screening is part of their scope of practice.
 
Economic Impact

The Board believes the proposed amendments may have a slight economic benefit for ophthalmic dispensers. If ophthalmic dispensers are not currently verifying vision screening, this proposal will provide them with notification that verification is part of their scope of practice. Adding the performance of verification to their practice may increase ophthalmic dispensers' revenue stream. The Board does not believe the proposed amendments will have any other economic impact.
 
Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.
 
Jobs Impact

The Board does not believe that the proposed amendments will increase or decrease the number of jobs in New Jersey.
 
Agriculture Industry Impact

The proposed amendments 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., licensed ophthalmic dispensers are deemed "small businesses," then the following analysis applies.

The proposed amendments will impose no costs. The Board does not believe that licensed ophthalmic dispensers will need to employ any professional services to comply with the proposed amendments. The proposed amendments do not impose any compliance or reporting requirements, but do impose recordkeeping requirements as outlined in the Summary above.

The recordkeeping requirements in the proposed amendments will protect consumers by ensuring that patient records recognize that a vision screening has been performed. Given this, the Board believes that the proposed amendments must be applied uniformly to all licensed ophthalmic dispensers regardless of the size of a business.
 
Housing Affordability Impact Analysis

The proposed amendments 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 concern scope of practice and recordkeeping for ophthalmic dispensers.
 
Smart Growth Development Impact Analysis

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the amendments 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 concern scope of practice and recordkeeping for ophthalmic dispensers.
 
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 5.    PRACTICE STANDARDS
 
13:33-5.1   Record of prescriptions filled
 
(a) Each person licensed as an ophthalmic dispenser shall maintain for a period of at least six years at a New Jersey establishment the following records:
 
1.-3. (No change.)
 
4. Identification, by means of name or initials, of individuals involved in interpreting and measuring, duplicating, fabricating, verifying, and fitting and adjusting all eyeglasses, frames, and lenses fabricated and dispensed; [and]
 
5. Written confirmation that the licensed dispenser or licensed technician has verified the lenses[.]; and
 
6. If a licensed ophthalmic dispenser performs and certifies vision screening pursuant to N.J.A.C. 13:33-5.5(b)10, a copy of the completed Motor Vehicle Commission vision screening report.
 
(b)-(d) (No change.)
 
13:33-5.5   Ophthalmic dispenser: definition; scope of practice
 
(a) (No change.)
 
(b) The following functions are within the scope of practice of a licensed ophthalmic dispenser:
 
1.-7. (No change.)
 
8. The mailing of completed eyeglasses pursuant to N.J.A.C. 13:33-5.7; [and]
 
[page=2583] 9. The mailing of contact lenses pursuant to N.J.A.C. 13:33-4.1[.]; and
 
10. The performance and certification of vision screening pursuant to N.J.S.A. 39:3-10c.