Current through Register Vol. 46, No. 39, September 25, 2024
(a) Unprofessional
conduct in the practice of ophthalmic dispensing shall include all conduct
prohibited by sections
29.1 and
29.2 of this Part, except as
provided in this section, and shall also include the following:
(1) advertisements of the prices of frames or
lenses which do not identify the lenses as single vision, bifocal or trifocal;
the specific type of bifocal or trifocal lenses, and as either glass or
plastic. Advertisements which indicate that a number of frame types are
available at a stated price at an establishment shall not be prohibited;
provided, however, that stock sufficient to meet any demand which may be
reasonably expected must be maintained at the location. Advertisements of the
prices of contact lenses shall state whether the lenses are hard or soft. Any
advertised price shall be in effect for a period of time stated in the
advertisement;
(2) aiding and
abetting, directly or indirectly, the conduct or advertising of any employer,
firm or associate if such conduct or advertising conflicts with the foregoing
regulations. It shall also be unprofessional conduct for a licensee to continue
in the employment of an employer who has been found to have advertised in
violation of these regulations after a preliminary hearing. Notice of such
preliminary hearing shall be given in writing to the licensee and to the
employer. It shall state the specific violation or violations, and that
continuation of the licensee's employment after the charges are sustained may
constitute unprofessional conduct by the licensee. It shall also state that
both the licensee and the employer shall have the right to appear at the
preliminary hearing, the right to be represented by counsel, and the rights set
forth in section
6510 of the
Education Law;
(3) failing to fill
the prescription in which the refractive error of the eye at a vertex distance
is indicated and to dispense the proper effective power of the prescription as
adapted and fitted to the patient. Such prescription may not be modified
without the approval of the prescriber and unless this approval is noted on the
prescription;
(4) failing to adhere
to standards for ophthalmic materials as set forth in regulations of the
Commissioner of Education; or
(5)
failing to wear an identifying badge, as required by section
29.2(a)(10) of
this Part, while working in an establishment which dispenses eyeglasses or
lenses to the public.
(b) Nothing in this Part shall be construed
to prevent the sale of eyeglasses or lenses for the correction of vision by any
person, firm or corporation in accordance with the provisions of section
7126
(1) of the Education Law, or to prevent any
contractual arrangement between any such person, firm or corporation, its
professional employees, or a person leasing space or equipment to such firm or
corporation under which the amount due any of such parties is computed on the
basis of a percentage of the receipts from the performance of professional
services. This provision shall apply in lieu of section
29.1(b)(4) of this
Part.
