Ophthalmic Dispensing

Frequently Asked Questions

Introduction to Practice Questions

These frequently asked practice questions are intended to provide general guidance and are not a substitute for consulting the appropriate laws, rules or regulations or a qualified attorney. The laws, rules and regulations are available at the link on the left.

1. The scope of practice for ophthalmic dispensing is defined in the law. Does that mean that I can do everything that falls within the legal scope of my practice?

   Part 29 of the Rules of the Board of Regents requires that licensees practice within their personal scope of competence. If you are not competent to provide a service that you are legally allowed to provide, then you may not provide that service. As a licensed professional, it is your responsibility to practice within the scope of your abilities and expertise. If you practice outside your personal scope of competence, you can be charged with professional misconduct.

2. If I am licensed as an ophthalmic dispenser, can I also dispense contact lenses?

   Section 7121 of New York Education Law states that licensed ophthalmic dispensers may dispense eyeglasses; additional certification is required in order to dispense contact lenses. Additionally, contact lenses can only be fitted under the supervision of an optometrist or physician. For information on how a licensed ophthalmic dispenser can be certified to dispense and fit contact lenses, please contact the State Board Office.

3. Can an ophthalmic dispenser dispense replacement contact lenses or eyeglasses without a prescription?

   Yes, according to Section 7121 of Education Law, replacements or duplicates of eyeglasses and contact lenses may be adapted and dispensed without prescription.

4. Who can write a prescription for eyeglasses or contact lenses?

   Prescriptions for eyeglasses and contact lenses must be from an optometrist or physician licensed in New York State. There is a narrow exclusion in Education Law for physicians who are licensed in a bordering state and who reside near the border of New York State (section 6526(2)), but there is no similar exemption for other licensed professionals.

5. If a patient wants to fill her prescription on-line or at another optical shop, am I required to provide a copy of her prescription?

   Yes, according to Education Law and Regulations you must provide a copy of the prescription. Section 29.1(b)(7) of the Regents Rules state that it is unprofessional conduct for a licensee to fail to make available to a patient or client, upon request, copies of documents in the possession or under the control of the licensee which have been prepared and paid for by the patient or client.

6. How long must I maintain patient records?

   All patient records must be kept for six years. Records for children must be kept until the child is 22 years old, even if that means keeping the records for more than six years. Standards of practice dictate that records include at least the following information: prescription, interpupillary measurements, base curve, segment style, material tint, vertex distance, and any other special lens treatments which fulfill the patient's requirements.

7. Can I dispense cosmetic contact lenses that are non-prescription?

   The sale of cosmetic contact lenses does not require a prescription from a licensed practitioner, under sections 7101 and 7106 (2) of New York Education Law.

8. Who can legally sell or dispense prescription diving masks, swim goggles, or other sports eyewear?

   The State Education Department determined in 1983 that the sale of sports eyewear which includes corrective lenses such as diving masks or swim goggles, constitutes the practice of ophthalmic dispensing within the definition of section 7121 of Education Law. Section 7126(1) of Education Law allows a corporation which is not licensed to practice ophthalmic dispensing to engage in the business of selling eyeglasses or lenses for the correction of vision only if a licensed physician, optometrist or ophthalmic dispenser is in charge of and in personal attendance at the point of sale.

9. May I use an "aide" or "assistant" to provide ophthalmic dispensing services?

   In the practice of eye care, an unlicensed person can perform tasks that are not limited to any licensed profession or are exempt under section 7125 of Education Law which exempts mechanical work on inert matter. This would include tasks such as: color vision testing, measurement of vital signs, preparing patients as well as examining rooms and equipment, setting up and operating a generator, polisher, edger and hardener to fabricate lenses, and lensometry to the extent that these tasks do not require the exercise of professional judgment or skill. Activities that fall within the scope of ophthalmic dispensing, optometry, medicine, or another licensed profession may not be delegated to an unlicensed person. The performance of restricted tasks by an unlicensed person could subject the licensee to charges of professional misconduct and the unlicensed person to prosecution for illegal practice of a profession.

10. If I am working under the supervision of an optometrist or ophthalmologist, can I dispense medications or perform an eye examination if I have completed a refraction course?

    Education Law and the Regulations of the Commissioner of Education state it is unprofessional conduct for a licensee to delegate professional responsibilities to another person when the licensee knows that the person is not qualified to perform the activity. The completion of a course or educational experience does not allow an individual to engage in activities that are defined as another profession. Thus, even if a licensed physician is present and supervising an individual-licensed or unlicensed-the physician could be charged with professional misconduct.

11. Am I required to engage in continuing education in order to register my license?

    An ophthalmic dispenser must complete 0.5 hours of continuing education for each month of the preceding registration period in which the ophthalmic dispenser was registered (18 hours for a three-year registration period). An ophthalmic dispenser certified to dispense contact lenses must complete 0.56 hours for each month (20 hours during the three-year period), with 10 of those hours related to contact lenses. The providers of continuing education must be approved by the New York State Board for Ophthalmic Dispensing. Applicants for re-registration who are unable to meet the continuing education requirement may apply to the Board for a one-year conditional registration and pay the appropriate fees. During this conditional period, the licensee must complete the continuing education requirements from the previous registration period as well as the hours required during the additional one-year period. (For more information on continuing education, see "Continuing Education Questions and Answers for Ophthalmic Dispensing and Fitters of Contact Lenses.")

12. Am I required to wear an identification badge when I am providing services in a health care setting?

    You must wear a name tag indicating your name and your professional title if you are practicing as an employee or operator of a hospital, clinic, group practice, or multi-professional facility, or at a commercial establishment offering health services to the public.

13. If I am unsure about whether something falls within my legal scope of practice, how can I find out?

    Please contact the Office of the Professions State Board for Ophthalmic Dispensing at 89 Washington Avenue, Albany, NY 12234-1000; call 518-474-3817 ext. 180; fax 518-402-5944; or e-mail odbd@mail.nysed.gov.