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Opticians (Registration) (Amendment No. 2) (Jersey) Law 201-

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 1 November 2016:

Decision Reference:       MD-HSS-2016-0059

Decision Summary Title :

Proposed Draft Amendment to Opticians (Registration) (Jersey) Law 1962

Date of Decision Summary:

24 October 2016

Decision Summary Author:

 

Head of Professional and Care Regulation

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Draft Opticians (Registration)  (Amendment No.2) (Jersey) Law 201-

 

Restrictions on the sale of zero powered contact lenses

 

Date of Written Report:

 

20 October 2016

Written Report Author:

 

Head of Professional and Care Regulation

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

 Approval of Draft Opticians (Registration) (Amendment No.2) (Jersey) Law 201-

 

Decision(s): The Minister for Health and Social Services approved the Draft Opticians (Registration) (Amendment No.2) (Jersey) Law 201- for lodging and directs that the document should be lodged au Greffe so as to allow the Law to be debated by the States.

Reason(s) for Decision:

 

The proposed amendment updates the Opticians (Registration) (Jersey) Law 1962 Law  and is an urgent public health measure necessary to protect islanders from the risk of serious harm that can be caused by cosmetic contact lenses.  Without this change in the Law, cosmetic lenses can be sold by unregulated retail outlets such as fancy dress shops and car boot sales.

 

Using contact lenses that are unsuitable for the eyes, or using them incorrectly, can cause serious eye problems including corneal ulcers and infections.

  • corneal ulcers can progress rapidly if left untreated
  • uncontrolled infection can lead to corneal scarring and vision impairment and in extreme cases, blindness and eye loss may result

Other risks associated with the use of these lenses include:

  • conjunctivitis,
  • corneal swelling,
  • allergic reactions,
  • corneal abrasion and
  • reduced vision.

The risks may be increased if a consumer uses someone else’s lenses. This can spread infection between users, and is dangerous.

 

The draft amendment:

  • restricts of the supply of cosmetic contact lenses, so that these can only be sold by registered opticians

 

It also provides an opportunity to make other minor changes in line with the UK Opticians Act 1989 including:

  • updating the titles used by opticians,
  • permitting trainees to undertake sight testing
  • removing any obligation to buy optical appliances from an optician following a sight test

 

The amendment is an interim measure with an intention to undertake a more comprehensive update of the Law as part of streamlining all legislation relating to professional registration under one unified Law through the legislation reform programme. 

Resource Implications:

There are no additional resource implications for the States of Jersey

 

Action required:

  • Forward the signed Ministerial Decision to the Greffe;

 

  • Forward the draft Opticians (Registration) (Amendment No.2) (Jersey) Law 201- and report to the Greffe to be lodged; and

 

  • request the Greffier of the States to arrange for the projet to be lodged 'au Greffe’

 

 

Signature:

 

 

Position:

Minister for Health and Social Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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