New York Puts Teeth into New Law

[jediron]

New Yorks new law has teeth: The Opticians of New York have been waiting for a law like this for some time, now we have it.

10/07/03 -

Unlicensed Practice Bill Becomes Law



The New York State Society of Opticians has been working with other professional organization to pass legislation to give the New York Education Department new powers to punish people who practice professions without a license. On October 1 the governor signed the bill into law.

The legislation gives the Education Department, which is responsible for regulating 44 professions, the ability to impose civil penalties of up to $5,000 per violation of the state's laws and regulations.

The law, which takes effect immediately, also allows the Education Department to issue cease and desist orders to violators and order restitution for victims of illegal practice of a profession.

The Education Department is also now allowed to conduct hearings and appeals in the cases of contested enforcement actions.

While the Education Department has long had the responsibility for regulating professions, it lacked the statutory authority to impose real sanctions.

Prior to this law, action by the attorney general or district attorneys was the only way to enforce the prohibition against unlicensed practice of a profession.

For more information on unlicensed practice enforcement, please contact New York State Education Department Office of Professional Discipline at (518) 485-9350 or visit their website at www.op.nysed.gov

Tom Guthlein, Legislative Chairman

:D

[LENNY]

So Who is going to be fined the person working without a license or the employer?
I hope now every optical store will have a full time optician on staff!

[varmint]

LENNY said:
So Who is going to be fined the person working without a license or the employer?
I hope now every optical store will have a full time optician on staff!

Lenny, I think a licensed optician on staff is not nearly enough. Anyone fitting & dispensing eyewear should have a license just the same as your barber or hairdresser. Absolutely NO ONE should allowed to fit or dispense eyewear unless they prove competence. Az requires each optical establishment to have 1 full time licensed dispenser, and there are three times as many non-licensed people dispensing as there are licensed. We have 99cent stores selling frames, and thrift shops selling used eyewear for 50 cents, where people try on old glasses donated to them just as if they were drug store readers. We have shops specializing in frame repair and\or replacement who don't fall under license requirements but can insert the pts lenses back into the wrong eye & fit them on the pt. Of course the optical professionals are the only ones who have to give up all their profits to the insurance industry.