New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 10AE

10AE Prescribing of contact lenses, spectacle lenses and other appliances

(1) A person must not prescribe an optical appliance unless the person:

(a) is a registered optometrist, or

(b) is a registered medical practitioner, or

(c) is a member of a class of persons declared by the regulations to be authorised to prescribe an optical appliance and the person acts in compliance with any conditions or limitations prescribed by the regulations.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(2) For the purposes of this Division, prescribing an optical appliance is a restricted health service.

(3) A person who prescribes an optical appliance for a person must on request provide the person, at no extra charge, with a copy of the prescription.

Maximum penalty: 5 penalty units.

(4) A person who does not prescribe, but dispenses, an optical appliance for a person must provide the person, at no extra charge, with a copy of the prescription relating to the appliance.

Maximum penalty: 5 penalty units.

(5) A person who prescribes contact lenses for a person is not required to comply with subsection (3) until after he or she has completed the prescription and fitting process in relation to the contact lenses.

(6) An authorised person or inspector appointed under any of the following Acts is authorised to ascertain whether this section is being complied with:

(a) Optometrists Act 2002 ,

(b) Medical Practice Act 1992 .

(7) In this section:
"optical appliance" means contact lenses, spectacle lenses or any other appliance designed to correct, remedy or relieve any refractive abnormality or defect of sight.