Statute 52:17B-41.5.

Practice of ophthalmic dispensing; prescription required; "ophthalmic technicians" defined; temporary permits to persons from out of the State; apprentices. A person practices ophthalmic dispensing within the meaning of the provisions of this act relating to ophthalmic dispensing who prepares and dispenses lenses, spectacles, eyeglasses or appurtenances thereto to the intended wearers thereof on written prescriptions from physicians or optometrists duly licensed to practice their profession, and in accordance with such prescriptions, interprets, measures, adapts, fits and adjusts such lenses, spectacles, eyeglasses or appurtenances thereto to the human face for the aid or correction of visual or ocular anomalies of the human eyes. The services and appliances relating to ophthalmic dispensing shall be dispensed, furnished or supplied to the intended wearer or user thereof only upon prescription issued by a physician or optometrist; but duplications, replacements, reproductions or repetitions may be done without prescription, and such act shall likewise be construed to constitute the practice of ophthalmic dispensing the same as if performed on the basis of an original written prescription.

L.1952, c. 336, p. 1080, s. 5.

Regulation 13:33-5.5 Ophthalmic dispenser: definition; scope of practice

(a) A licensed ophthalmic dispenser may prepare and dispense to the intended wearer lenses, spectacles, eyeglasses, appurtenances thereto, or contact lenses only if those preparations are based on a written prescription from a licensed physician or licensed optometrist. A licensed ophthahnic dispenser may also duplicate or replace existing lenses, spectacles, eyeglasses, appurtenances, or contact lenses. (b) The following functions are within the scope of practice of a licensed ophthalmic dispenser:

1. Those activities performed by licensed ophthalmic technicians as set forth in N.J.A.C. 13:33·5.6(b);

2. The determination that the lenses, spectacles, eyeglasses or contact lenses prepared and dispensed comport with the prescription that corrects the patient's visual anomaly;

3. The analysis and interpretation of prescriptions and lens design;

4. The taking of interpupillary distances and placement measurements of all lenses;

5. The selection and measurement of frames for facial contour: eye size, bridge size, temple length, frame shape, and frame style;

6. The fitting, adjusting, or adapting of eyewear to the face and eyes;

7. The dispensing of contact lenses pursuant to N.J.A,C. 13:33-4.1;

8. The mailing of completed eyeglasses pursuant to N,J.A.C. 13:33-5.7; and

9, The mailing of contact lenses pursuant to N.J.A.C. 13:33-4.1.

Amended by RI983 d.l5, effective February 7,1983.See: 14 NJ.R. 545(a),15 NJ.R.157(a). Repealed ophthalmic dispenser defined. New Rule, R.2001 d.96, effective March 19, 2001. See: 32 NJ.R 1283(a), 33 NJ.R 1009(a). Recodified from NJ.A.C. 13:33·I.17 and amended by R2005 d.305, effective September 6, 2005.See: 37 NJ.R 938(a), 37 N.J.R 3437(a).In (a), inserted "may" in the first and second sentences, in (b)4 deleted"(distance and near)" following "distances," and updated the N.l.A.C.references throughout.Amended by R2011 d.074, effective March 7, 2011.See: 42 NJ.R 1994(b), 43 NJ.R 642(a)In (b)4, deleted "'bifocal, trifocal, and progressive" preceding "placement", and inserted "of all lenses".Supp. 3·7-11 33-12