Opticians (Registration) (Amendment) (Jersey) Law 200- P80 Written Prescriptions

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A decision made (30/03/2006) regarding Opticians (Registration) (Amendment) (Jersey) Law 200- P80 Written Prescriptions.

Subject:	OPTICIANS (REGISTRATION) (AMENDMENT) (JERSEY) LAW 200- P80 – WRITTEN PRESCRIPTIONS
Decision Reference:	MD-H SS – 2006 - 0028	Exempt clause(s):			NONE
Type of Report: (oral (O) or written (W))	Written
Telephone or email meeting?		Person giving report (if oral):
Written Report title:	OPTICIANS (REGISTRATION) (AMENDMENT) (JERSEY) LAW 200- P80 – WRITTEN PRESCRIPTIONS
Name of Author:	Andrew Bannister, Assistant Director, Corporate Planning and Performance Manager
Date of Report:	24 February 2006			Report File ref:
Decision(s): To approve law drafting instructions.
Reason(s) for decision: To implement a decision of the States of 11 June 2002 in connection with a proposition of the Industries Committee, P.80/2002, as follows: (a) to agree, in principle, that optometrists (ophthalmic opticians) and medical practitioners registered in accordance with the provisions of the Opticians (Registration) (Jersey) Law 1962 to conduct eye tests shall under normal circumstances be required to give persons whose sight has been tested, immediately following the test, a signed, written prescription for an optical appliance.
Action required: To forward to Law Draftsman.
Signature:			Date of Decision: 30 March 2006

Opticians (Registration) (Amendment) (Jersey) Law 200- P80 Written Prescriptions

HEALTH AND SOCIAL SERVICES

OPTICIANS (REGISTRATION) (AMENDMENT) ( JERSEY ) LAW 200-

P80 – WRITTEN PRESCRIPTIONS

1. Background

The purpose of the amendment is to implement a decision of the States of 11 June 2002 in connection with a proposition of the Industries Committee, P.80/2002, as follows:

(a) to agree, in principle, that optometrists (ophthalmic opticians) and medical practitioners registered in accordance with the provisions of the Opticians (Registration) (Jersey) Law 1962 to conduct eye tests shall under normal circumstances be required to give persons whose sight has been tested, immediately following the test, a signed, written prescription for an optical appliance; and

(b) to request the Health and Social Services Committee, after consultation with the Jersey Optical Association, to bring forward for approval by the States the necessary legislative amendments to give effect to the proposals.

The report of the Industries Committee further explained -

“... if the market for all optical appliances is to work well in the interests of all consumers of optical appliances, there is a need to have the issuance of written details of prescriptions normal practice. Currently, not all opticians automatically issue prescriptions following eye tests.”

“... no cases have been reported where a request for a written prescription has been declined; however by requiring written prescriptions to be issued, consumers have the potential for greater freedom to purchase not only ready readers (in the case of those persons who are long-sighted) but other optical appliances including contact lenses, wherever they wish.”

“... in some limited cases, a written prescription may not be required, for example, in cases where an eye-test is carried out for medical purposes... The Committee suggests that the Health and Social Services Committee consults with the Jersey Optical Association and agrees to include an exemption clause in the amendment ... for these purposes.

It is suggested that where an eye-test has been performed and there is no need to wear or use an optical appliance a signed and written statement also be issued.

OPTICIANS (REGISTRATION) (AMENDMENT) ( JERSEY ) LAW 200-

P80 – WRITTEN PRESCRIPTIONS

Law drafting instructions

It may be of assistance to refer to –

Section 26 of the Opticians Act 1989 (attached) and;

The Sight Testing (Examination And Prescription) (N0.2) Regulations 1989 (attached).

The following provisions in the Jersey law are required: -

1. When a registered medical practitioner or registered ophthalmic optician performs a sight test for the purpose of detecting signs of injury, disease or abnormality in the eye or elsewhere, he shall immediately afterwards give to the person either -

(1) a signed written statement that he is or (as the case may be) is not referring him to a registered medical practitioner and if he is referring him, the reason for the referral.

(2) a signed written prescription for an optical appliance or

(3) a signed written statement that the person does not need to wear or use an optical appliance.

2 It shall not be a condition of a sight test that a person is required -

(1) to purchase from a specified person any optical appliance the testing of his sight may show he requires to wear or use; or

(2) to pay a fee before the testing is carried out.

3 After either requirement under 1 above has been fulfilled, a fee may be payable.

(1) Any term of an agreement for sight testing which is inconsistent with the foregoing shall be unenforceable, and any sum paid in respect of a fee other than according to the law shall be recoverable.

(2) The meaning of a fee should be defined with respect to any payment for testing sight, providing a prescription or statement or the supply of any optical appliance.

Subordinate legislation

The Minister for Health and Social Services should be empowered to prescribe by Order -

1 the particulars to be included in a prescription or statement described above,

2 any other circumstances when the issue of a prescription or statement is not required.

24 February 2006

OPTICIANS ACT 1989

Duties to be performed on sight testing

26. (1) The Secretary of State may by regulations provide that, subject to any exceptions specified in the regulations, when a registered medical practitioner or registered optometrist tests the sight of another person, it shall be his duty -

(a) to perform such examinations of the eye for the purpose of detecting injury, disease or abnormality in the eye or elsewhere as the regulations may require, and

(b) immediately following the test to give the person whose sight he has tested a written statement -

(i) that he has carried out the examinations that the regulations require, and

(ii) that he is or (as the case may be) is not referring him to a registered medical practitioner and if he is referring him, the reason for the referral.

(2) Except where regulations under subsection (3)(b) below specify otherwise, it shall also be his duty to give the person whose sight he has tested, immediately following the test, either a signed, written prescription for an optical appliance or a signed, written statement that he does not need to wear or use an optical appliance.

(3) The Secretary of State may by regulations specify -

(a) particulars to be included in a prescription or statement provided in fulfilment of the duty imposed by subsection (2) above; and

(b) the circumstances in which that duty does not arise.

(4) A person shall not be required as a condition of having his sight tested -

(a) to undertake to purchase from a specified person any optical appliance the testing of his sight may show he requires to wear or use; or

(b) to pay a fee before the testing is carried out.

(5) A fee shall be payable in a case where a duty arises under this section only if that duty has been fulfilled.

(6) Any term of an agreement for a testing of sight which is inconsistent with this section shall be unenforceable, and any sum paid in respect of a fee otherwise than in pursuance of this section shall be recoverable.

(7) In this section “fee” means any payment in connection -

(a) with testing sight in accordance with regulations under this section;

(b) with fulfilling any duty imposed by this section; or

(8) Any power to make regulations conferred by this section includes power to make different provision for different classes of case.

(9) In the application of this section to Northern Ireland for any reference to the Secretary of State there shall be substituted a reference to the Department of Health, Social Services and Public Safety in Northern Ireland.

THE SIGHT TESTING (EXAMINATION AND PRESCRIPTION) (NO.2) REGULATIONS 1989

Citation and Commencement

1. These Regulations may be cited as the Sight Testing (Examination and Prescription) (No.2) Regulations 1989 and shall come into force on 31st July 1989.

Interpretation

2. (1) In these Regulations, unless the context otherwise requires -

“the Act” means the Opticians Act [1989];

“doctor” means a fully registered person within the meaning of the Medical Act 1983;

“optometrist” means a registered optometrist;

“patient” means a person whose sight has been tested.

(2) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.

Examination

3. (1) Subject to the exceptions specified in paragraphs (2) and (3), when a doctor or optometrist tests the sight of another person, it shall be his duty -

(a) to perform, for the purpose of detecting signs of injury, disease or abnormality in the eye or elsewhere-

(i) an examination of the external surface of the eye and its immediate vicinity,

(ii) an intra-ocular examination, either by means of an ophthalmoscope or by such other means as the doctor or optometrist considers appropriate,

(iii) such additional examinations as appear to the doctor or optometrist to be clinically necessary; and

(b) immediately following the test to give to the patient a written statement -

(i) that he has carried out the examinations required by sub-paragraph (a) of this paragraph, and

(ii) that he is or (as the case may be) is not referring the patient to a doctor, and

(iii) if he is referring the patient to a doctor, setting out the reason for the referral.

(2) The provisions of paragraph (1) do not apply where the testing of sight is carried out by a doctor at a hospital or clinic in the course of diagnosing or treating injury or disease of the eye.

(3) In England, the provisions of paragraph (1)(b)(ii) do not apply where the doctor or optometrist refers the patient to an ophthalmic hospital, in accordance with paragraph 10(2) of Schedule 1 to the National Health Service (General Ophthalmic Services) Regulations 1986.

Exceptions to the duty to issue a prescription or statement

4. The duty which section [26(2)] of the Act imposes on doctors and optometrists (to issue a prescription or a statement after testing a patient’s sight) shall not arise where -

(a) the doctor or optometrist who has tested the patient’s sight refers the patient to his doctor for further investigation or treatment;

(b) the sight test was carried out as part of a general medical examination including such an examination for insurance purposes, within the meaning of section 2(1) of the Access to Medical Reports Act 1988, or for employment purposes, within the meaning of section 2(1) of that Act; or

(c) the patient was resident in a hospital or a clinic, for the purposes of treatment, when his sight was tested.

Particulars to be included in a prescription or statement

5. (1) A prescription provided in fulfilment of the duty imposed by section [26(2)] of the Act shall include -

(a) particulars of any spherical power of each lens to be included in the appliance prescribed and, where appropriate, particulars of the cylindrical power (including particulars of its axis), prismatic power (including particulars of the orientation of the prism) and near addition of each such lens and such other particulars as may be necessary to enable each lens to be replicated;

(b) the date of the testing of sight;

(d) the name and practice address of the doctor or optometrist who carried out the testing of sight;

(e) the address at which, or the name of the hospital, clinic, nursing home or other institution at which, the testing of sight was carried out; and

(f) where the patient, before his sight was tested, had been prescribed an optical appliance and the doctor or optometrist is satisfied that the particulars of the prescription specified in sub-paragraph (a) of this paragraph are-

(i) the same as those relating to that appliance, or

(ii) different from those relating to that appliance but not so as to necessitate, in the opinion of the doctor or optometrist, a change in that appliance,

a statement to the effect that no change in the patient’s existing appliance is necessary.

(2) The statement provided in fulfilment of the duty imposed by section [26(2)] of the Act shall (in addition to stating that the patient does not need to wear or use an optical appliance) include the particulars specified in paragraph (1)(b), (c), (d) and (e).