CHAPTER Plc 800
OPHTHALMIC DISPENSING
Statutory Authority: RSA 327-A:5, VI; RSA 327-A:12; RSA 310:6, II
REVISION NOTE:
Document #13885, effective 4-15-24,
readopted with amendment and renumbered rules in Chapter He-P 6000 titled “Ophthalmic
Dispensing” from the Department of Health and Human Services (Department) as
rules in Chapter Plc 800 and adopted new rules.
Authority to regulate ophthalmic dispensing had been transferred from
the Department to the Office of Professional Licensure and Certification
pursuant to 2015, 276:92-95, effective 7-1-15. The existing rules in Chapter
He-P 6000
were also transferred pursuant to 2015, 276:45 under RSA 310-A:1-a, II and III
and would remain in effect until amended, expired, or repealed. The rules in Chapter He-P 6000 were last
effective 10-31-13 in Document #10453 but did not expire on 10-31-23. Instead they were extended pursuant to RSA
541-A:14-a until replaced by the rules in Document #13885, effective 4-15-24.
Document #13885 adopted the following new rules:
Plc
801.01 and Plc 801.02
Plc
803.01, Plc 803.02, Plc 803.10, and Plc 803.11
Plc
804.02
Plc
805.01 and Plc 805.09 through Plc 805.11
Plc
806.01 through Plc 806.03
The following rules in Document #13885 were readopted with
amendment and renumbered from the existing rules indicated:
Plc
801.03 (formerly He-P 6002.06)
Plc
802 (formerly He-P 6001)
Plc
803.03 through Plc 803.09 (formerly He-P 6002.01)
Plc
804.01 (formerly He-P 6002.04)
Plc
804.03 through Plc 804.05 (formerly He-P 6002.05)
Plc
805.02 through He-P 805.08 (formerly He-P 6002.02 and He-P 6002.03)
Plc
807 (formerly He-P 6003)
The prior filings affecting the rules in the former
Chapter He-P 6000 include the following documents:
#5199, eff 8-7-91; EXPIRED 8-7-97
#6567, INTERIM, eff 8-22-97, EXPIRED 12-20-97
#6728, eff 4-1-98
#7119, eff 10-16-99
#7894, eff 5-21-03
#8593, eff 3-28-06
#10453, eff 10-31-13
PART Plc 801
PURPOSE AND APPLICABILITY; FEES
Plc 801.01 Purpose. The purpose of this chapter is to implement
RSA 327-A relative to regulating the profession of ophthalmic dispensing, by
establishing requirements for:
(a)
Obtaining and renewing a certificate of registration to practice
ophthalmic dispensing in New Hampshire;
(b)
Obtaining the reinstatement of a certificate of registration to practice
ophthalmic dispensing that has expired or been suspended or revoked; and
(c)
The regulation of the practices of registered ophthalmic dispensers,
including ethical and professional standards required to be met by registrants.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
801.02 Applicability. This chapter shall apply to any individual
who intends to practice or who does actually practice
ophthalmic dispensing in New Hampshire, exclusive of those persons and
practices excluded by RSA 327-A:13, reprinted in Appendix B.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
801.03 Fees. The registration fees shall be as specified
in Plc 1002.36.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
PART Plc 802
DEFINITIONS
Plc 802.01 “Contact information” means the individual’s
designated email address, home or other personal telephone number, and home
physical address and home mailing address, if different.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
802.02 “Continuing education credit”
means one hour of continuing education.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc 802.03 “Designated email address” means the email
address identified by an applicant or registrant as the address for the office
of professional licensure and certification (OPLC) to use when sending
notifications and licenses.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
802.04 “Executive director” means the
executive director of the OPLC or designee.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
802.05 “License” means “license” as defined
in RSA 541-A:1, VIII, namely “the whole or part of any agency permit,
certificate, approval, registration, charter or similar form of permission
required by law.” For purposes of this
chapter, the term includes any similar form of approval to practice ophthalmic
dispensing in any jurisdiction.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
802.06 “Licensing bureau” means the
organizational unit within the OPLC’s division of licensing and board
administration that is responsible for accepting and processing applications.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
802.07 “Military spouse” means an individual who is
legally married to an individual who is on active military duty.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
802.08 “Necessary knowledge and skills” means the knowledge and skills that are necessary to safely and competently
provide ophthalmic dispensing services to the public, including:
(a)
Prescription analysis and interpretation;
(b)
The taking of measurements, including the pupillary distance, to
determine the size, shape, and specifications of the spectacle lenses, frames,
or lens forms best suited to the wearer’s needs;
(c)
The preparation and delivery of work orders to laboratory technicians
engaged in grinding lenses and fabricating eyewear;
(d)
The verification of the quality of finished ophthalmic products and the
adjustment of lenses or frames to the intended wearer’s face;
(e)
The delivery of such ophthalmic products including instruction in
hygiene and insertion and removal of contact lenses; and
(f)
The adjustment, replacement, and reproduction of previously prepared
ophthalmic lenses, frames, contact lenses, or other specially fabricated
ophthalmic devices.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
802.10 “Ophthalmic dispenser” means “ophthalmic
dispenser/optician” as defined in RSA 327-A:1, VII, reprinted in Appendix B.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
802.11 “Ophthalmic dispensing” means “ophthalmic
dispensing” as defined in RSA 327-A:1, I, reprinted in Appendix B.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
802.12 “Plano lenses” means “plano lenses” as
defined in RSA 327-A:1, IX, reprinted in Appendix B.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
802.13 “Prescription” means “prescription for
spectacle lenses” and “prescription for contact lenses” as defined in RSA
327-A:1, III and IV, respectively, reprinted in Appendix B.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
802.14 “Registrant” means an individual who is
registered as an ophthalmic dispenser pursuant to RSA 327-A and Plc 800.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
802.15 “Working day” means any Monday
through Friday, excluding days on which state offices are closed in observance
of holidays.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
PART Plc 803
INITIAL REGISTRATION
Plc
803.01 Eligibility for Initial
Registration as an Ophthalmic Dispenser.
Any individual not currently or previously registered who wishes to
register as an ophthalmic dispenser shall:
(a) Be at least 18 years of age; and
(b) Have obtained a high school diploma or have
passed a test that resulted in the receipt of a certificate of high school
equivalency.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
803.02 Supervision and Training
Required. Any registered optician
who has no prior education or training in the necessary knowledge and skills
shall not engage in activities that require the necessary knowledge and skills
without being supervised and trained by a registered optician or other licensed
eye care professional having at least one year of experience, until such time
as the supervising professional determines that the individual has acquired the
necessary knowledge and skills to act independently.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
803.03 Application for Initial
Registration.
(a) Any
individual who wishes to engage in ophthalmic dispensing who is not already
registered in New Hampshire shall file an application for an initial
registration in accordance with this section.
(b)
The applicant shall submit the following to the licensing bureau:
(1) A completed “Universal
Application for Initial License” as tailored for ophthalmic dispensing
registrations, dated March 2023, that provides the information specified in Plc
304.03
and Plc 803.04 and is signed and
attested to as specified in Plc 304.06;
(2) The documentation specified
in Plc 304.04 and Plc 803.05, as applicable; and
(3) The application processing
and licensing fee specified in Plc 1002, provided that if the applicant is
active military or a military spouse, no fee shall be required.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
803.04 Information Required for Initial Registration. In addition to
the information required by Plc 304.03, the applicant shall identify whether the applicant:
(a)
Graduated from high school or obtained an equivalency certificate; and
(b)
Solely for the purpose of assisting the OPLC in assessing the program,
has passed the National Opticianry Competency Examination (NOCE) offered by the
American Board of Opticianry and National Contact Lens Examiners (ABO-NCLE) or
taken courses or received training in the necessary knowledge and skills.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
803.05 Documentation Required for Initial
Registration. In addition to
the information and documentation required by Plc 304.04, the applicant shall:
(a)
Submit proof of being 18 years old or older, in the form of an official
government identification card showing date of birth or an official birth
certificate.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc 803.06 Initial Review of Applications for Initial
Registration; Abandonment.
(a)
Within
30 days of receipt of an application for initial registration submitted
pursuant to Plc 803.03, the
licensing bureau shall process the application as provided in Plc 304.06.
(b)
The application shall be subject to the abandonment provisions of Plc
304.06(h).
(c)
If the application is abandoned, the application processing and licensing
fee shall not be refunded.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
803.07 Withdrawal of Application for
Initial Registration.
(a)
An applicant may withdraw the application for registration at any time
prior to being notified of a decision under Plc 803.08, by proceeding in
accordance with Plc 304.07.
(b)
If the application is withdrawn, the application processing and licensing fee shall not
be refunded.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc 803.08 Review of Complete Applications for
Initial Registration; Decisions.
(a)
After determining that an application is complete, the licensing bureau shall review
the application to determine whether the applicant meets all applicable
criteria to be registered as an ophthalmic dispenser.
(b)
The licensing bureau shall approve an application for initial licensure
and register the applicant if:
(1) The applicant has complied with Plc 803.03 and meets the
qualifications listed in Plc 803.01; and
(2) No
information has been submitted that demonstrates the applicant has engaged in
any of the conduct listed in RSA 327-A:9, which is reprinted in Appendix B.
(c) The licensing bureau shall notify the applicant of the decision on the application
in
writing sent to the applicant’s designated email address.
(d) If the licensing bureau determines that the
applicant has not demonstrated that all requirements to be registered are met,
then:
(1) The
licensing bureau shall deny the application; and
(2) The
notice sent pursuant to (c), above, shall:
a.
Specifically identify the reason(s) for the denial; and
b.
Inform the applicant that the denial shall become final unless the
applicant requests a hearing in writing within 30 days.
(e) If the application is denied, the application
processing and licensing fee shall not be
refunded.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc 803.09 Initial Registrations: Issuance and Duration.
(a) Each initial registration as an ophthalmic
dispenser issued by the OPLC shall specify:
(1) The
name of the registrant;
(2) The
effective date of the registration; and
(3) The
registration number.
(b) Initial registrations shall:
(1) Be
valid for 2 years from the date of issuance as provided in RSA 310:8, II, provided that
the timely filing of a complete renewal application shall continue the validity
of the license being renewed until final action is taken on the renewal
application;
(2)
Expire 2 years from the date on which the license was issued unless a
timely and complete renewal application is filed or the license is sooner
suspended or revoked in accordance with Plc 807; and
(3) Be
subject to renewal.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc 803.10 Challenging a Denial of Initial
Registration. An applicant who
wishes to challenge the denial of an application for initial registration shall
do so as provided in Plc 304.10.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
803.11 Facilitated Registration for
Active Duty Military and Military Spouses.
(a) An applicant for licensure who is on active
military duty or who is a military spouse shall apply for licensure as provided
in Plc 803.03, except that no application processing fee shall be required.
(b) Each applicant who applies for facilitated
licensing under this section shall be eligible to obtain a facilitated license
if the applicant meets the qualifications for licensure summarized in Plc 803.01.
(c) Any individual who obtains a facilitated
license under this section shall comply with all license renewal requirements
specified in Plc 805 if the individual wishes to continue to work as a ophthalmic dispenser in New
Hampshire after the term of the initial registration.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
PART Plc 804
REGISTRANT OBLIGATIONS;
CONTINUING EDUCATION
Plc
804.01 Registrant Obligations to
Notify, Display Registration.
(a) Each registrant shall:
(1)
Notify the licensing bureau within 10 working days when a change of name occurs; and
(2)
Update the OPLC’s records within 10 working days when a change of
personal contact information occurs.
(b) As required by RSA 327-A:8, registrants shall
display their registrations so as to be visible to
customers in their principal place of business.
(c) Each registrant shall know, and have
available in the registrant’s office or other place of business, information
regarding how complaints can be filed with the OPLC.
(d) Each registrant shall inform the licensing
bureau within 10 working days of any of the circumstances identified in Plc
307.02.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
804.02 Registrant
Responsibilities for Renewal. Each
registrant shall:
(a) Know when the individual’s registration is
due to expire; and
(b) File an application for renewal prior to the
expiration of the current registration in accordance with Plc 805 if the
registrant wishes to continue to practice in New Hampshire.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
804.03 Continuing Education.
(a) As required by RSA 327-A:14, registered
ophthalmic dispensers shall complete a minimum of 8 continuing education
credits during the 2 year period prior to each renewal of registration.
(b) The credits shall be
earned through any combination of live synchronous classes, whether
attended remotely or in person, remote classes, or other online mechanisms.
(c) Continuing education events approved by the
ABO-NCLE shall qualify for continuing education credits without pre-approval by
the executive director.
(d) Events that are not approved by the ABO-NCLE
shall be pre-approved by the executive director as described in Plc 804.04 to
qualify for continuing education credits.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
804.04 Pre-Approval of Continuing
Education Programs by the Executive Director.
(a) Requests for pre-approval of programs for
continuing education credits shall be submitted by the organization sponsoring
the event.
(b) Organizations requesting pre-approval of
programs for continuing education credits shall submit requests to the
executive director, in writing, at least 60 days prior to the scheduled event.
(c) Requests for pre-approval of programs for
continuing education credits shall include:
(1) The
name of the program;
(2) The
location of the program;
(3) The
sponsor or presenter of the program;
(4) The
email address and telephone number of the sponsor or presenter;
(5) The
email address and daytime telephone number of an individual who is authorized
by the sponsor or presenter to interact with the OPLC regarding the
application;
(6) A
complete description of the program, including how the program will contribute
to the advancement, extension, or enhancement of the professional skills and
technical knowledge of ophthalmic dispensers;
(7) The
total length of the program and the length of each segment if applicable;
(8) The
date(s) on which the program is expected to be offered; and
(9) The
number of continuing education credits being requested for the program.
(d) The executive director shall approve the
proposed continuing education program if the program:
(1) Is
sponsored by a national, regional, or state optical company or trade or
professional association; and
(2)
Contributes to the advancement, extension, or enhancement of the
professional skills and the technical knowledge of ophthalmic dispensers.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc 804.05 Documentation Requirements; Audits.
(a) Each registrant shall retain documentation
of participating in continuing education programs for the
current registration term and the most recent renewal period.
(b) Upon being notified by the OPLC that an
on-line system administered by a third-party organization is available to
manage continuing competence compliance, each registrant shall use the on-line
system to track and report the completion of continuing education.
(c) The executive director shall audit registrant
participation in continuing education by:
(1)
Randomly selecting 10% of registrants each year to be audited; and
(2)
Notifying each selected registrant of the audit by email sent to the
registrant’s designated email address.
(d) The notice sent pursuant to (c)(2), above,
shall direct the registrant to submit documentation for the continuing
education claimed by the registrant for the most recent renewal period to the
executive director by a specified date, which shall be no sooner than 30 days
from the date of the notice.
(e) In response to the notice, a registrant
selected for audit shall submit the following to the executive director no
later than the date specified in the notice.
(1)
Documentation of attendance for a seminar or event, or documentation of
successful completion of a self-directed program; or
(2) For
any time period covered by the on-line system, a copy
of the on-line records, subject to (f), below.
(f) In lieu of submitting a copy of the on-line
records, a registrant selected for audit may provide the executive director
with direct access to the on-line records.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
PART Plc 805 REGISTRATION RENEWAL AND
REINSTATEMENT
Plc 805.01 Eligibility for Registration Renewal. To be eligible for renewal of a registration
to practice ophthalmic dispensing, an individual shall:
(a) Have completed not less than 8 hours of
continuing education, as required by RSA 327-A:14 and as described in Plc 804.03;
(b)
Have paid all administrative and civil penalties imposed, if any; and
(c)
Meet the eligibility for renewal criteria specified in Plc 308.02.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
805.02 Notification of Pending License Expiration.
(a) At least 60 days prior to the expiration of a
registration, the licensing bureau shall:
(1)
Notify, in writing to the registrant’s designated email address, each
registrant whose registration is expiring that:
a. The
registration is due to expire;
b.
Failure to file a complete and timely application for renewal shall
result in the registration expiring;
c. If
the registration
expires,
the registrant shall not be able to work legally in New Hampshire unless and
until a registration is reinstated;
d. The
application for reinstatement shall require a new application processing and
licensing fee; and
e. The
application processing and licensing fee paid with the renewal application
shall not be refunded; and
(2)
Include with the notice a copy of
the application
identified
in Plc 805.03(a) or, when the application becomes available on-line, a
registration code for the registrant to use to renew on-line, if a code is necessary.
(b) A
registrant who wishes to renew who does not receive an application or
registration code shall contact OPLC customer support at CustomerSupport@oplc.nh.gov to obtain an application or code.
(c) If an
application for renewal is received by the OPLC after the expiration date of
the registration, the registration shall be expired.
(d) An
ophthalmic dispenser whose registration has expired shall not practice
ophthalmic dispensing in New
Hampshire unless and until the
registration
has been reinstated.
(e) An
ophthalmic dispenser whose registration has expired who wishes to be
reauthorized to practice ophthalmic
dispensing shall apply for reinstatement of the registration in accordance with Plc
805.10.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc 805.03 Applying for Registration Renewal. A registrant who wishes to renew a registration to practice ophthalmic dispensing shall submit
the following to the licensing bureau:
(a)
A completed “Universal Application for License Renewal” as tailored for ophthalmic dispensing registrations, dated March 2023, that provides the information required by Plc 308.06 and is signed and
attested to as specified in Plc 308.08;
(b) The information and documentation required by
Plc 308.07, as applicable;
(c) The information and attestation relative to
meeting continuing education requirements, as specified in Plc 805.04; and
(d)
The application processing and licensing fee specified in Plc 1002.36, provided that applicants applying for facilitated registration as active military or a military spouse shall
not pay the fee.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc 805.04 Information and Attestation Relative to
Continuing Education.
(a)
An applicant for renewal of an ophthalmic dispensing registration shall provide the following information
relative to continuing education:
(1) The total number of
continuing education credits earned by the applicant since the beginning of the
current registration
term; and
(2) The following information for
each continuing education program for which credit is claimed:
a. The name of the program;
b. The beginning and ending date(s) of the program;
c. The name and address of the
sponsor of the program; and
d. The total number of continuing education hours claimed
for the program.
(b)
Submission of the information shall constitute the applicant’s
attestation that the applicant has met all continuing education requirements of
RSA 327-A:14 and Plc 800.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
805.05 Initial Review of Renewal
Applications. Within 30 days of
receipt of an application submitted pursuant to Plc 805.03, the licensing
bureau shall process the application as provided in Plc
308.09.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc 805.06 Withdrawal or Abandonment of Renewal
Application.
(a)
An applicant may withdraw an application to renew a registration at any time prior to being
notified of a decision under Plc 805.07 by proceeding
in accordance with Plc 308.10.
(b)
A renewal application shall be deemed to be abandoned if the applicant
files an incomplete application and does not provide all information necessary
to complete the application when directed to do so pursuant to Plc 308.09.
(c)
If the application is withdrawn or abandoned, the application processing
and licensing fee shall not be refunded.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc 805.07 Review of Complete Renewal Applications;
Decisions.
(a)
The licensing bureau shall review complete
applications as provided in Plc 308.11.
(b) The licensing bureau shall renew the license of any
applicant who:
(1) Has submitted an application
that meets the requirements of Plc 805.03;
(2)
Meets the eligibility for renewal criteria specified in Plc 308.02 and
Plc 805.01;
(3) Has
not been shown, through an adjudicative proceeding, to not be in compliance
with RSA 327-A and Plc 800; and
(4) Has
not been shown, through an adjudicative proceeding, to have engaged in an act
that would result in denial under RSA 327-A:9.
(c) The licensing bureau shall notify the
applicant of the decision on the application in writing sent to the applicant’s
designated email address.
(d) If the licensing
bureau determines
that the applicant has not demonstrated that all requirements to obtain a
license are met, then:
(1) The
licensing bureau shall deny the application; and
(2) The
notice sent pursuant to (c), above, shall inform the applicant of the reason(s)
for the denial and that the denial shall be final in 30
days unless the applicant requests a hearing in writing within 30 days.
(e)
If the application is denied, the application processing and licensing
fee shall not be refunded.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc 805.08 Renewal Registration: Issuance and Duration.
(a) Each renewal registration issued by the OPLC
shall specify:
(1) The
name of the registrant;
(2) The
effective dates of the registration; and
(3) The
registration number.
(b) Each renewal registration shall:
(1) Be
valid for 2 years from the date of issuance, provided that the
timely filing of a complete renewal application shall continue the validity of
the registration being renewed until final action is taken on the renewal
application;
(2)
Expire 2 years from the date on which the registration was issued unless
a timely and complete renewal application is filed or the registration is
sooner suspended or revoked pursuant to Plc 807; and
(3) Be
subject to renewal biennially.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc 805.09 Challenging a Denial of Registration Renewal. An applicant who wishes to challenge the
denial of an application for registration renewal shall do so as provided in
Plc 308.12.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
805.10 Reinstatement of a
Registration After Expiration.
(a)
An individual whose registration
has expired shall not practice in New Hampshire unless and until the
individual has obtained a license in accordance with RSA 327-A and Plc 800.
(b) An individual whose registration has expired
who wishes to obtain a license in New Hampshire shall apply for reinstatement
by filing a complete application for renewal, including obtaining the required
number of continuing education credits.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
805.11 Reinstatement of a
Registration After Suspension or Revocation.
(a)
Reinstatement of a registration previously suspended or revoked shall be in
accordance with Plc 312.05, subject to (b) and (c), below.
(b) Pursuant to RSA 327-A:11, if a registration
is revoked or an application is denied, no such registration shall be issued to
such former registrant or applicant for at least 6 months from the date the
revocation or denial was deemed final, provided that the individual may request
the executive director to exercise the discretion authorized by RSA 327-A:11, I
by requesting a waiver in accordance with Plc 211.
(c) An ophthalmic dispenser whose registration
has been revoked or denied and who wishes to reapply for a registration shall
reapply for an initial ophthalmic dispensing registration in accordance with
Plc 803.03.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
PART Plc 806
ETHICAL AND PROFESSIONAL STANDARDS
Plc
806.01 Applicability.
(a) The standards in this part shall apply to each individual who applies to be registered under RSA 327-A
or who is registered under RSA 327-A.
(b) Violations of these standards shall
constitute unprofessional conduct that subjects the violator to disciplinary
proceedings pursuant to Plc 807.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc 806.02 Ethical Standards. Each individual who
is subject to this chapter shall:
(a)
Ensure that any commercial interests of the individual or the
individual’s employer are not permitted to override the independent exercise of
professional judgment with regard to a patient, or to
compromise the standard of care provided, or to affect their cooperation with
other healthcare providers;
(b)
If an employer, refrain from exerting pressures on staff that may
compromise patient welfare;
(c)
Provide each patient with information that is sufficient to allow the
patient to make informed decisions about the patient’s care;
(d)
If a patient’s needs are beyond the scope or skills of the ophthalmic
dispenser, advise the patient of this and refer the patient to a practitioner
who has the necessary skills, knowledge, qualifications, and experience to
address the patient’s needs;
(e)
Engage in activities only in those areas in which the individual is
trained and competent;
(f)
Maintain comprehensive, accurate, and up-to-date clinical records;
(g)
Maintain appropriate privacy protections for all clinical records; and
(h)
Delegate tasks only to personnel who are appropriately qualified and
competent to perform the assigned task.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc 806.03 Professional
Obligations. Each
individual who is subject to this chapter shall:
(a) Comply with RSA 327-A, Plc 307.05 as reprinted in
Appendix C,
and Plc 800;
(b) Comply with any disciplinary or remedial
orders issued by the executive director within any time periods specified;
(c) Interact with colleagues and patients with
honesty and integrity;
(d) Not misrepresent professional qualifications
or credentials;
(e) Cooperate with inspections and with lawful
investigations by the executive director;
(f) Treat all individuals with whom the
individual interacts in a professional capacity with respect and civility;
(g) Maintain sexual boundaries by:
(1)
Refraining from any behavior that exploits the practitioner-patient
relationship in a sexual way; and
(2)
Avoiding any behavior that is sexual or sexually demeaning, or that
could be reasonably interpreted as such, even when initiated by or consented to
by the patient or a colleague;
(h) Not engage in hazing or sexual, verbal, or
physical harassment of any individual when interacting in a professional
capacity; and
(i) Not discriminate
based on age, sex, gender identity, race, creed, color, marital status,
familial status, physical or mental disability, national origin, or any other
class of individuals protected by law.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
PART Plc 807
PROCEDURES FOR COMPLAINTS; DISCIPLINARY ACTIONS; WAIVERS
Plc
807.01 Complaint Procedure. Any person who wishes to file a complaint
against an ophthalmic dispenser, or against an individual who is practicing
ophthalmic dispensing without a registration, shall do so in accordance with
Plc 204.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
807.02 Complaint Investigation. Complaints alleging a violation of RSA 327-A
or Plc 800, or both, shall be investigated as provided in Plc 204.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
807.03 Revocation, Denial, and
Disciplinary Action. Administrative
disciplinary actions against an applicant or registrant, such as application
denial, suspension or revocation of registration, or the imposition of a fine,
shall be initiated and pursued as provided in Plc 206 and Plc 311.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
807.04 Administrative Fines.
(a) The executive director shall issue a written
notice to any individual proposed to be subjected to an administrative fine
that notifies the individual:
(1) Of
the violation(s) for which the administrative fine is proposed;
(2) Of
the amount of the proposed administrative fine;
(3)
That the individual may request a hearing prior to the imposition of the
fine; and
(4) Of
the deadline for requesting a hearing, which shall be no sooner than 20 days
from the date of the notice.
(b) If the recipient of the notice requests a
hearing, the hearing shall be conducted in accordance with the provisions in
Plc 200 and RSA 541-A that govern adjudicative proceedings.
(c) If the individual who is proposed to be fined
waives the right to a hearing and chooses to pay the proposed fine, the fine
shall be paid by sending payment in cash or by check or money order made
payable to “Treasurer – State of New Hampshire” to the OPLC within 30 days of
receipt of the notice of fine.
(d) Administrative fines for violations of RSA
317-A or Plc 800 shall be imposed in accordance with Plc 311 based on the
following schedule of fines:
(1) For
submitting false or fraudulent material information on or with an application,
the fine shall be $250 per item of material false
information submitted;
(2) For
falsifying a registration to practice ophthalmic dispensing, the fine shall be
$250 for each day the individual practices ophthalmic dispensing under the
falsified registration;
(3) For
practicing ophthalmic dispensing, including the dispensing of plano lenses,
without a registration, the fine shall be $250 per client served;
(4) For
failing to submit a plan of correction in accordance with Plc 312.05, the fine
shall be $250 for each month or portion thereof the plan is not submitted;
(5) For
failing to implement and maintain a plan of correction, the fine shall be $250
per item not implemented;
(6) For
failing to cooperate during an investigation, the fine shall be $250 per
occurrence of non-cooperation; and
(7) For
failing to display the certificate of registration as required by RSA 327-A:8,
the fine shall be $250 per month or portion thereof the certificate of
registration is not displayed.
(e) If the executive director believes a fine is
appropriate for a violation that is not included in (d), above, the amount of
the fine to be sought shall be no more than $250 for each offense and scaled to
reflect the scope and severity of the violation based on:
(1) How
much the misconduct deviated from the requirement;
(2)
Whether the misconduct was committed negligently, recklessly, or
intentionally; and
(3) The
extent of harm or potential for harm that occurred.
(f) As provided in RSA 327-A:17, the imposition
of an administrative fine shall not preclude the imposition of further
penalties or administrative actions.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Plc
807.05 Waivers. Applicants or registrants seeking waivers of
specific rules in this chapter shall submit a written request for waiver in
accordance with Plc 211.
Source. (See Revision Note at chapter heading for Plc
800) #13885 eff 4-15-24
Appendix A: State
Statutes Implemented
|
Rule |
State Statute(s) Implemented |
|
Plc 800 (see below for specific sections) |
RSA 327-A |
|
Plc 803 |
RSA 327-A:2; RSA 327-A:3; RSA 327-A:6; RSA 327-A:7 |
|
Plc 804 |
RSA 327-A:8; RSA 327-A:14 |
|
Plc 805 |
RSA 327-A:14 |
|
Plc 806 |
RSA 327-A:12, IV |
|
Plc 807 |
RSA 327-A:11; RSA 327-A:17 |
Appendix B: Statutory Provisions
327-A:1
Definitions. – In this chapter:
I. “Ophthalmic dispensing” means the design,
verification, and delivery to the intended wearer of lenses, frames, and other
specially fabricated optical devices upon prescription. It includes, but is not
limited to, prescription analysis and interpretation; the taking of
measurements, including the pupillary distance, to determine the size, shape,
and specifications of the spectacle lenses, frames, or lens forms best suited
to the wearer's needs; the preparation and delivery of work orders to
laboratory technicians engaged in grinding lenses and fabricating eyewear; the
verification of the quality of finished ophthalmic products, the adjustment of
lenses or frames to the intended wearer's face; the delivery of such ophthalmic
products including instruction in hygiene and insertion and removal of contact
lenses; and the adjustment, replacement, and reproduction of previously
prepared ophthalmic lenses, frames, contact lenses, or other specially
fabricated ophthalmic devices. It does not include the alteration without
permission of the prescriber of any prescriptions, nor does it include the
fitting of contact lenses which may only be performed by ophthalmologists or
optometrists pursuant to law regulating such practices, unless the ophthalmic
dispenser is in possession of a statement of delegation authorizing the fitting
of contact lenses.
II. “Fitting contact lenses” means measurement
of the shape of the eye, as well as determining the lens specifications,
including base curve, size, shape, thickness, color, and material composition.
III. “Prescription for spectacle lenses” means
a dated and signed, written or oral direction not more than 24 months old from
an ophthalmologist or optometrist for therapeutic or corrective lenses which
states the prescribed refractive power and when necessary, the vertex distance,
cylinder axis, and prism. The oral prescription must be recorded and kept on
file for one year by the ophthalmic dispenser.
IV. “Prescription for contact lenses” means a
dated and signed, written direction specifying that it is for contact lenses or
plano lenses, and shall include at least the power, size, curvature, color, and
material composition of the lenses. A prescription for contact lenses may also
include, at the prescriber's professional discretion, other parameters or
instructions such as lens manufacturer, prescription expiration date, number of
permitted refills, and a statement prohibiting substitutions. Such parameters
or instructions shall be honored by a person filling the prescription. Unless
otherwise specified by the prescriber for health reasons, a contact lens
prescription shall expire one year from the date of issue.
VII. “Ophthalmic dispenser/optician” means
anyone who sells or dispenses, upon prescription, spectacles, eyeglasses or
contact lenses.
VIII. “Statement of delegation” means a
written, signed statement from the prescribing ophthalmologist or optometrist
which authorizes a named ophthalmic dispenser to fit the prescription for
contact lenses. The statement shall be written on the prescription for contact
lenses or shall be a letter which shall be attached to the prescription for
contact lenses.
IX. “Plano lenses” means contact lenses with
no refractive power.
Source. 1989, 389:1. 1995, 310:157, 158. 1998, 308:1.
2011, 121:4, 5. 2015, 276:92, 108, XXI, eff. July 1, 2015. 2022, 298:1, eff.
Jan. 1, 2023.
327-A:9 Suspension, Revocation or Refusal to
Issue Certificate. – The
executive director may deny the application for a certificate of registration
and may suspend or revoke the registration of any ophthalmic dispenser issued
pursuant to this chapter or refuse to issue a renewal thereof if it is
determined after hearing that such applicant or registrant:
I. Has made a material
false statement or concealed a material fact in connection with his application
for certificate of registration;
II. Has had a certificate of registration
issued under this chapter revoked or suspended previously;
III. Has been found guilty of fraud or
fraudulent practices after prosecution by the attorney general, or has used
dishonest or misleading advertising;
IV. Has failed to follow the orders on the
prescription of an ophthalmologist or optometrist;
V. Has failed to comply with any other
provision of this chapter or any rules promulgated by the executive director.
Source. 1989, 389:1. 1995, 310:183, eff. Nov. 1, 1995. 2017, 144:17, eff. Aug.
15, 2017.
327-A:13 Persons and Practices Not Affected. –
Nothing
in this chapter shall apply to:
I. Licensed physicians and surgeons authorized
to practice medicine or surgery and licensed optometrists authorized to
practice optometry under the laws of this state.
II. [Repealed.]
III. Any individual, firm, or corporation
employing persons registered under this chapter.
IV. The activities of any employee of an
ophthalmic dispenser, licensed physician, or optometrist if the employee is not
engaged in ophthalmic dispensing as defined in RSA 327-A:1, I. Such activities
shall include, but not be limited to, the sale of related products, work
performed by laboratory technicians, and the making of minor mechanical repairs
on eyeglasses or frames.
Source. 1989, 389:1. 1998, 308:3. 1999, 221:1, 2,
eff. Sept. 4, 1999.
Appendix C: Plc 307.05
Plc
307.05 Obligations of Persons Subject
to These Rules.
(a) Each person subject to these rules shall
comply with all applicable law.
(b) In any application or other document filed
with, or statement made to, the licensing bureau or the applicable board, each
person subject to these rules shall provide information that, to the best of
the person’s knowledge and belief, is true, complete, and not misleading.
(c) Each person subject to these rules shall
cooperate with investigations and requests for information from the OPLC and
the applicable board, wherein “cooperate” means to provide the information
requested, answer any questions posed, and allow inspections in
order to enable the OPLC or applicable board to determine compliance
with applicable law.
(d) Each person subject to these rules shall
provide honest and accurate information in reports prepared as part of
practicing the profession in which the person is authorized to practice.
(e) Each person subject to these rules shall
report evidence of professional misconduct on the part of another licensee when
that conduct poses a potential threat to life, health, or safety.
(f) Each person subject to these rules shall
maintain sexual boundaries by:
(1)
Refraining from any behavior that exploits the professional-client or
professional-patient relationship in a sexual way; and
(2)
Avoiding any behavior that is sexual, seductive, suggestive, or sexually
demeaning, or could be reasonably interpreted as such, even when initiated by
or consented to by the target of the behavior.
(g) Each person subject to these rules shall be
truthful in publicly representing or advertising the person’s services by
avoiding the following:
(1)
False, deceptive, or misleading statements, including the misleading use
of credentials;
(2)
Unreasonable or exaggerated claims of success;
(3)
Guarantees of success;
(4)
Claims or implications of professional superiority or of training that
cannot be substantiated; and
(5)
Unsubstantiated claims of expertise or certification of such in any
specific areas of the scope of practice set forth in applicable law.
(h) Each person subject to these rules shall
interact with colleagues and clients or patients, as applicable, with honesty
and integrity.
(i) No person subject
to these rules shall misrepresent professional qualifications or credentials.
(j) Each person subject to these rules shall
treat all individuals with whom the person interacts in a professional capacity
with respect and civility.
(k) No person subject to these rules shall engage
in hazing or sexual, verbal, or physical harassment of any individual when
interacting in a professional capacity.
(l) No person subject to these rules shall
discriminate based on age, sex, gender identity, race, creed, color, marital
status, familial status, physical or mental disability, or national origin, or
any additional class protected by law.