Optician & Optometrist

Opticians

The legislation in respect of opticians is older and contains less detail in terms of modern constitutional standards.  The Opticians Board consists of persons elected by opticians, persons interested in certain related professions and other persons who may be appointed by the minister. Provision is made for representatives of ophthalmic opticians and dispensing opticians.

The legislation does not specify in detail, the circumstances in which persons may be removed from the register.  However constitutional justice would require a procedure similar to that provided under more modern legislation. There is provision for appeal to the High Court.

The board maintains the register of ophthalmic opticians. There is a register of dispensing opticians.  There are parallel provisions in relation to the register of dispensing opticians and the register of ophthalmic opticians.

Regulation

The board may provide for

• training and education,
• the holding of examinations and
• approval of training institutions.

There are restrictions on prescribing spectacles and dispensing prescriptions for spectacles.  Persons must be registered medical practitioners or ophthalmic opticians.  It is an offence to improperly take or use the name of an ophthalmic optician or other similar words or imply membership of dispensing optician register.

The board has the powers to make rules as provided under the legislation. It may make rules regarding the regulation and control of prescription of spectacles by ophthalmic opticians, registered medical practitioners.  The board may make rules in respect of advertising and canvassing.

Modernisation

Ophthalmic opticians are re-titled, optometrists. The register of ophthalmic opticians became the register of optometrists under amending legislation in 2003. Penalties were updated.

The board maintains the register of optometrists.  It deals with recognition of persons with EU qualifications.

The 2003 legislation deregulated the sale of ready readers. Spectacles do not include ready-made reading spectacles, sunglasses, goggles.  Contact lenses are included in the definition of spectacles.

The 2014 Act

The Health (Miscellaneous Provisions) Act 2014has three main purposes:

• to subsume Bord na Radharcmhastóirí (the Opticians Board) into the Health and Social Care Professionals Council by providing for the repeal of the Opticians Act 1956, under which the professions of optometrist and dispensing optician were formerly regulated, the dissolution of the Opticians Board and the application of the Health and Social Care Professionals Act 2005 to the professions of optometrist and dispensing optician;
• to amend the Health and Social Care Professionals Act 2005 to divide the designated profession of radiographer into the two designated professions of radiographer and radiation therapist, to permit a registration board to regulate two or more designated professions, and to introduce uniformity between that Act and certain provisions of other Acts which regulate medical practitioners, nurses and midwives; and
• to ensure that statutory contributions are payable by recipients of residential support services who are maintained, though not directly accommodated, by or on behalf of the Health Service Executive.

The decision to subsume the Opticians Board into the Health and Social Care Professionals Council and to bring the regulation of the professions of optometrist and dispensing optician within the ambit of the Health and Social Care Professionals Act 2005 was taken in accordance with the Government’s programme of Agency rationalisation.

Optician & Optometrist

The Health (Miscellaneous Provisions) Act 2014 provides for the registration of

• optometrists and dispensing opticians who had previously been registered under the Opticians Act 1956,
  existing or former health or social care practitioners holding certain historical qualifications awarded in the State,
  optometrists who satisfied the training and examinations requirements of the Opticians Act 1956 immediately prior to its repeal, and
  persons holding qualifications awarded in the State that renders them eligible to be employed by the Health Service Executive.

A  registration board, in the interests of public safety, may  attach conditions to the registration of a person who has a relevant medical disability. The Council, if it is in the public interest, to immediately cancel the registration of a registrant in the case of a complaint on the grounds of conviction of an indictable offence.

Various Amendments

The Council may appoint persons to assist the preliminary proceedings committee. The Council may make an ex parte application to the High Court for an order directing a registration board to suspend the registration of a registrant and that the application shall be heard otherwise than in public unless the Court considers it appropriate to hear it in public. Provision is made for the publication of a transcript of all or part of the proceedings of a committee of inquiry.

There are provision for restrictions on prescribing, dispensing prescriptions and selling spectacles, for the making of bye-laws for the regulation and control of these activities and for the control of advertising.

Regulations may be used  for the provision of additional professional titles that may be used by the members of categories of registrants where registers have been divided into divisions. The  Council has general powers to investigate possible contraventions of the Act by persons other than registrants.

One half of the members of a registration board first constituted will hold office for a term of 3 years instead of 2 years.