Proposed Amendment: N.J.A.C. 13:33-5.1
Proposed New Rule: N.J.A.C. 13:33-5.9

Record of Prescriptions Filled; Measurements

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 2009-92.
Submit written comments by June 5, 2009 to:

Dorcas O'Neal, Executive Director
State Board of Examiners of Ophthalmic Dispenser and Ophthalmic Technicians
PO Box 45031
Newark, NJ 07101

The agency proposal follows:

Summary

The State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians (the Board) proposes to amend N.J.A.C. 13:33-5.1 by deleting subsections (b) and (c). N.J.A.C. 13:33-5.1 deals with recordkeeping requirements. Subsections (b) and (c) of this rule set forth the measurements and calculations that must be taken in order to fabricate, verify or duplicate a lens or pair of eyeglasses. Since these subsections are not related to recordkeeping, the Board proposes to move these provisions into proposed new rule N.J.A.C. 13:33-5.9. The proposed new rule sets forth the measurements and calculations a licensed ophthalmic dispenser must take prior to fabricating, verifying or duplicating a lens or pair of eyeglasses. The rule also requires a licensed ophthalmic dispenser to determine the lens type and materials that will be used in eyeglasses and sets forth the equipment a licensed ophthalmic dispenser must use to obtain the required measurements and calculations. Anyone who uses such equipment as part of the fabrication, dispensing, verifying or duplicating of a lens or a pair of eyeglasses is practicing as an ophthalmic dispenser or technician. The Board proposes to amend N.J.A.C. 13:33-5.1 to require that the measurements and calculations taken pursuant to proposed new N.J.A.C. 13:33-5.9 be kept as part of a licensee's 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.

[page=1388] Social Impact

The Board does not believe that the proposed amendments and new rule will have any impact on society.

Economic Impact

The Board does not believe that the proposed amendments and new rule will have any 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 and new rule.

Jobs Impact

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

Agriculture Industry Impact

This proposed amendments and new rule 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 dispensers and ophthalmic technicians are deemed "small businesses," then the following analysis applies. The proposed amendments and new rule will not impose any costs. The Board does not believe that licensees will need to employ any professional services to comply with the proposed amendments and new rule. The proposed amendments and new rule do not impose any reporting requirements, but do impose compliance and recordkeeping requirements as set forth in the Summary above. As the proposed amendments and new rule will protect consumers by clearly setting forth the measurements and calculations that must be taken or performed before producing eyewear and by identifying the licensee responsible for finished eyewear, the Board believes that the proposed amendments and new rule must be applied uniformly to all licensees regardless of the size of the business.

Smart Growth Impact

The Board believes that the proposed amendments and new rule will have no impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Housing Affordability Impact

The proposed amendments and new rule will have an insignificant impact on affordable 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 and new rule concern recordkeeping requirements and scope of practice for licensed ophthalmic dispensers.

Smart Growth Development Impact

The proposed amendments and new rule 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 and new rule concern recordkeeping requirements and scope of practice for licensed 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. (No change.)

[2. All data required in the preparation and dispensing of eyeglasses:

i. Frames, such as eye size, bridge size and temple length; and

ii. Lenses, such as sphere, cylinder, axis, prism base, add, patient pupillary distance (P.D.), eyeglass pupillary distance (P.S.) and height of segment (Seg) if multifocal, base curve; frame size, eye size, bridge size and temple length.]

2. The information taken pursuant to N.J.A.C. 13:33-5.9;

3.-5. (No change.)

[(b) In order to fabricate, verify, and/or duplicate a lens or a pair of eyeglasses, the following information shall be obtained or checked:

1. Sphere, cylinder, axis, prism, base, add, patient pupillary distance, eyeglass pupillary distance, height of segment, base curve, frame size, eye size, bridge size, and temple length.

(c) To obtain the information outlined in (b) above, the following equipment shall be utilized:

1. Lensometer, vertometer, or any other automatic electronic equipment to measure the power of a lens, a lens clock and a millimeter ruler.

2. Any person using the equipment listed in (c)1 above to obtain information for the purpose of fabricating, dispensing, verifying, or duplicating a lens or pair of eyeglasses shall be deemed to be practicing Ophthalmic Dispensing and Ophthalmic Technicianry.]

13:33-5.9 Measurements

(a) Prior to fabricating, verifying and/or duplicating a lens or a pair of eyeglasses the following shall be measured and/or calculated by a licensed ophthalmic dispenser:

1. Sphere;

2. Cylinder;

3. Axis;

4. Prism;

5. Base;

6. Add;

7. Patient pupillary distance;

8. Eyeglass pupillary distance;

9. Height of segment, if multifocal;

10. Base curve;

11. Frame size;

12. Eye size;

13. Bridge size; and

14. Temple length.

(b) Prior to fabricating, verifying or duplicating a lens or a pair of eyeglasses a licensed ophthalmic dispenser shall determine the lens type and material to be used in the eyeglasses.

(c) To obtain the information set forth in (a) above, a licensed ophthalmic dispenser shall use:

1. A lensometer, vertometer, or any other automatic electronic equipment to measure the power of a lens;

2. A lens clock; and

3. A millimeter ruler.

(d) Any person using the equipment set forth in (c) above to obtain information for the purpose of fabricating, dispensing, verifying, or duplicating a lens or pair of eyeglasses shall be deemed to be practicing ophthalmic dispensing and ophthalmic technicianry.