Optometry Act, 1991, S.O. 1991, c. 35, Optometry Act, 1991
Optometry Act, 1991
S.O. 1991, CHAPTER 35
Consolidation Period:听 From June 3, 2021 to the .
Last amendment: .
Legislative History: 1998, c. 18, Sched. G, s. 40; ; ; ; .
Definitions
1 In this Act,
鈥淐ollege鈥 means the College of Optometrists 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)
鈥減rofession鈥 means the profession of optometry; (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35, 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 Optometrists 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 optometry; (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35, s.听2.
Scope of practice
3 The practice of optometry is the assessment of the eye and vision system and the diagnosis, treatment and prevention of,
(a)听 disorders of refraction;
(b)听 sensory and oculomotor disorders and dysfunctions of the eye and vision system; and
(c)听 prescribed diseases.听 1991, c.听35, s.听3.
Authorized acts
4 In the course of engaging in the practice of optometry, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:
1.听 Communicating a diagnosis identifying, as the cause of a person鈥檚 symptoms, a disorder of refraction, a sensory or oculomotor disorder of the eye or vision system or a prescribed disease.
2.听 Applying a prescribed form of energy.
2.1听 Prescribing drugs designated in the regulations.
3.听 Prescribing or dispensing, for vision or eye problems, subnormal vision devices, contact lenses or eye glasses.听 1991, c.听35, s.听4; 2007, c.听10, Sched.听B, s.听17听(1).
Section Amendments with date in force 听(d/m/y)
- 04/06/2007
College continued
5 The College is continued under the name College of Optometrists of 澳门永利 in English and Ordre des optom茅tristes de l鈥櫚拿庞览 in French.听 1991, c.听35, s.听5.
Council
6 (1) The Council shall be composed of,
(a)听 at least eight and no more than nine persons who are members elected in accordance with the by-laws;
(b)听 at least seven 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; and
(c)听 one person selected, in accordance with a by-law made under section 12.1, from among members who are members of a faculty of optometry of a university in 澳门永利.听 1991, c.听35, s.听6听(1); 1998, c.听18, Sched.听G, s.听40听(1,听2).
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35, s.听6听(2); 1998, c.听18, Sched.听G, s.听40听(3).
Section Amendments with date in force 听(d/m/y)
1998, c. 18, Sched. G, s. 40 (1-3) - 01/02/1999
President and Vice-President
7 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35, s.听7.
8 Repealed: 2015, c. 20, Sched. 15, s. 18.
Section Amendments with date in force (d/m/y)
- 29/10/2015
Restricted titles
9 (1) No person other than a member shall use the title 鈥渙ptometrist鈥, a variation or abbreviation or an equivalent in another language.
Representations of qualification, etc.
(2) 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 optometrist or in a specialty of optometry.
Definition
(3) In this section,
鈥渁bbreviation鈥 includes an abbreviation of a variation.听 1991, c.听35, s.听9.
10 Repealed: 2021, c. 25, Sched. 25, s. 25.
Section Amendments with date in force 听(d/m/y)
- 03/06/2021
Offence
11 Every person who contravenes subsection 9听(1) or (2) 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 $50,000 for a second or subsequent offence.听 2007, c.听10, Sched.听B, s.听17听(2).
Section Amendments with date in force 听(d/m/y)
- 04/06/2007
Regulations
12 (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,
(a)听 specifying the drugs that a member may use in the course of engaging in the practice of optometry;
(b)听 designating drugs for the purposes of paragraph 2.1 of section 4;
(c)听 regulating and governing the prescribing or using of drugs by members and ancillary matters, including, without limiting the generality of the foregoing,
(i)听 governing the purposes for which, or the circumstances under which, drugs may be prescribed or used,
(ii)听 setting requirements respecting the prescribing or using of drugs, and
(iii)听 setting prohibitions.听 2007, c.听10, Sched.听B, s.听17听(3); 2009, c.听26, s.听20 (1).
Individual drugs or categories
(2) A regulation made under clause (1) (a) or (b) may specify or designate individual drugs or categories of drugs.听 2009, c.听26, s.听20 (2).
Incorporation by reference
(3) A regulation made under clause (1) (a) or (b) may adopt, by reference, in whole or in part, and with such changes as are considered necessary, one or more documents setting out a list of individual drugs or a list of categories of drugs that may be prescribed by members.听 2009, c.听26, s.听20 (2).
Rolling incorporation
(4) If a regulation provided for in subsection (3) so provides, a document adopted by reference shall be a reference to it as amended from time to time after the making of the regulation.听 2009, c.听26, s.听20 (2).
Must be made by expert committee
(5) A document adopted by reference under subsection (3) may only be a document created or approved by an expert committee established under section 43.2 of the Regulated Health Professions Act, 1991 and no other body.听 2009, c.听26, s.听20 (2).
Availability
(6) A document adopted by reference under subsection (3) must be named in the regulation and must be available for public inspection during normal business hours in the office of the College and must be posted on the College鈥檚 website or available through a hyperlink at the College鈥檚 website.听 2009, c.听26, s.听20 (2).
Section Amendments with date in force 听(d/m/y)
1998, c. 18, Sched. G, s. 40 (4) - 01/02/1999
- 04/06/2007
- 15/12/2009
By-laws
12.1 The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.听 1998, c.听18, Sched.听G, s.听40听(4).
Section Amendments with date in force 听(d/m/y)
1998, c. 18, Sched. G, s. 40 (4) - 01/02/1999
Transitional
13 A person who, on the day before this Act comes into force, held a licence issued under Part V of the Health Disciplines 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 licence was subject.听 1991, c.听35, s.听13.
14 Repealed:听 2007, c.听10, Sched.听B, s.听17听(4).
Section Amendments with date in force 听(d/m/y)
- 04/06/2007
15 Repealed:听 2007, c.听10, Sched.听B, s.听17听(4).
Section Amendments with date in force 听(d/m/y)
- 04/06/2007
16 Omitted (provides for coming into force of provisions of this Act).听 1991, c.听35, s.听16.
17 Omitted (enacts short title of this Act).听 1991, c.听35, s.听17.
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