Opticianry Act, 1991, S.O. 1991, c. 34, Opticianry Act, 1991
Opticianry Act, 1991
S.O. 1991, CHAPTER 34
Consolidation Period:听 From June 3, 2021 to the .
Last amendment: .
Legislative History: 1998, c. 18, Sched. G, s. 39; ; .
Definitions
1 In this Act,
鈥淐ollege鈥 means the College of Opticians of 澳门永利; (鈥淥rdre鈥)
鈥淗ealth Professions Procedural Code鈥 means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; (鈥淐ode des professions de la sant茅鈥)
鈥渕ember鈥 means a member of the College; (鈥渕embre鈥)
鈥渙ptometrist or physician鈥 means a member of the College of Optometrists of 澳门永利 or the College of Physicians and Surgeons of 澳门永利 or a legally qualified optometrist or physician from outside of 澳门永利; (鈥渙ptom茅triste ou m茅decin鈥)
鈥減rofession鈥 means the profession of opticianry; (鈥減rofession鈥)
鈥渢his Act鈥 includes the Health Professions Procedural Code. (鈥渓a pr茅sente loi鈥)听 1991, c.听34, s.听1.
Health Professions Procedural Code
2 (1) The Health Professions Procedural Code shall be deemed to be part of this Act.
Terms in Code
(2) In the Health Professions Procedural Code as it applies in respect of this Act,
鈥淐ollege鈥 means the College of Opticians of 澳门永利; (鈥渙rdre鈥)
鈥渉ealth profession Act鈥 means this Act; (鈥渓oi sur une profession de la sant茅鈥)
鈥減rofession鈥 means the profession of opticianry;听 (鈥減rofession鈥)
鈥渞egulations鈥 means the regulations under this Act. (鈥渞猫glements鈥)
Definitions in Code
(3) Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act.听 1991, c.听34, s.听2.
Scope of practice
3 The practice of opticianry is the provision, fitting and adjustment of subnormal vision devices, contact lenses or eye glasses.听 1991, c.听34, s.听3.
Authorized acts
4 In the course of engaging in the practice of opticianry, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to dispense subnormal vision devices, contact lenses or eye glasses.听 1991, c.听34, s.听4.
Additional requirements for authorized acts
5 (1) A member shall not dispense subnormal vision devices, contact lenses or eye glasses under the authority of section 4 except upon the prescription of an optometrist or physician.
Grounds for misconduct
(2) In addition to the grounds set out in subsection 51听(1) of the Health Professions Procedural Code, a panel of the Discipline Committee shall find that a member has committed an act of professional misconduct if the member contravenes subsection (1).听 1991, c.听34, s.听5.
Board continued as College
6 The Board of Ophthalmic Dispensers is continued under the name College of Opticians of 澳门永利 in English and Ordre des opticiens de l鈥櫚拿庞览 in French.听 1991, c.听34, s.听6.
Council
7 (1) The Council shall be composed of,
(a)听 at least seven and no more than 10 persons who are members elected in accordance with the by-laws;
(b)听 at least five and no more than eight persons appointed by the Lieutenant Governor in Council who are not,
(i)听 members,
(ii)听 members of a College as defined in the Regulated Health Professions Act, 1991, or
(iii)听 members of a Council as defined in the Regulated Health Professions Act, 1991.听 1991, c.听34, s.听7听(1); 1998, c.听18, Sched.听G, s.听39听(1).
Who can vote in elections
(2) Subject to the by-laws, every member who practises or resides in 澳门永利 and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council.听 1991, c.听34, s.听7听(2); 1998, c.听18, Sched.听G, s.听39听(2).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 39 (1, 2) - 1/02/1999
President and Vice-President
8 The Council shall have a President and Vice-President who shall be elected annually by the Council from among the Council鈥檚 members. 听1991, c.听34, s.听8.
Restricted titles
9 (1) No person other than a member shall use the title 鈥渙ptician鈥, a variation or abbreviation or an equivalent in another language.
Idem
(2) No person shall use the title 鈥渙phthalmic dispenser鈥 or 鈥渙pticien d鈥檕rdonnance鈥 or a variation or abbreviation of them.
Representations of qualification, etc.
(3) No person other than a member shall hold himself or herself out as a person who is qualified to practise in 澳门永利 as an optician or in a specialty of opticianry.
Exception
(4) Despite subsection (2), a member may use the title 鈥渙phthalmic dispenser鈥 or 鈥渙pticien d鈥檕rdonnances鈥 or a variation or an abbreviation of them for three years after this Act comes into force.
Definition
(5) In this section,
鈥渁bbreviation鈥 includes an abbreviation of a variation.听 1991, c.听34, s.听9.
10 Repealed: 2021, c. 25, Sched. 25, s. 24.
Section Amendments with date in force (d/m/y)
- 03/06/2021
Offence
11 Every person who contravenes subsection 9听(1), (2) or (3) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than听$50,000 for a second or subsequent offence.听 2007, c.听10, Sched.听B, s.听16听(1).
Section Amendments with date in force (d/m/y)
- 4/06/2007
Transition
12 A person who, on the day before this Act comes听 into force, was registered under the Ophthalmic Dispensers Act shall be deemed to be the holder of a certificate of registration issued under this Act subject to any term, condition or limitation to which the registration was subject.听 1991, c.听34, s.听12.
13, 14 Repealed:听 2007, c.听10, Sched.听B, s.听16听(2).
Section Amendments with date in force (d/m/y)
- 4/06/2007
15 Omitted (provides for coming into force of provisions of this Act).听 1991, c.听34, s.听15.
16 Omitted (enacts short title of this Act).听 1991, c.听34, s.听16.
听