Requires optical stores to be registered with the education department

1 Co-sponsor

• Tony Avella

BILL NUMBER:S3662B

Title of bill

An act to amend the education law, in relation to registering and operating optical stores

Purpose or general idea of bill

The purpose of this bill is to place responsibility on optical establishments, as well as the license for adhering to existing laws, rules, and regulations.

Summary of specific provisions

The owners of retail optical companies operating establishments within the state of New York would be required to register each establishment with the State Education Department (SED); thereby making it possible to thoroughly enforce existing laws, rules and regulations. Currently, without registration, owners of optical establishments are not held accountable for license violations committed within their establishments professional service limited liability corporations are not subject to the application fee. This bill seeks to change that by providing for the registration, inspection, suspension and revocation of registration of optical establishments.

Justification

Currently law, rules and regulations do not apply to the professional conduct of owners of optical stores. Rather, they are concerned solely with licensed professionals employed in said optical establishments.. This bill would extend responsibility to owners of optical establishments to adhere to the same professional conduct laws, rules and regulations as their licensed employees. It is imperative that both be accountable in order to ensure that residents of the State of New York receive the best eye care possible.

Prior legislative history

A.2556/S.2459 of 2007-2008 - Referred to Higher Education. A.2202A of 2009-2010 - Amend and Recommit to Higher Education

Fiscal implications

The Division of Professional Discipline will have the authority to monitor establishments under this provision. The income generated from the registration fees and fines will be used to cover any expenses. Because professional Boards monitoring licensing activities are already in place and because the Division of professional Discipline already has the field staff investigating the professionals employed at these facilities, there will be an excess of income over expenses.

Effective date

This act shall take effect on the 180th day after it shall have become a law provided, however, that any rule or regulation necessary for the implementation of the foregoing section of the act on its effective date are authorized and directed to be made completed on or before such date.