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TASMANIA
__________
OPTOMETRISTS REGISTRATION
AMENDMENT BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 6 amended (Membership of Board)
6. Section 42 amended (Specific matters in respect of which
complaints may be made)
7. Part 6, Division 1: Heading amended
8. Section 60 substituted
60. Improper directions to employees or agents
9. Section 61 repealed
10. Section 63 repealed
11. Section 64 substituted
64. Failure to give free prescription on request
12. Section 67 repealed
[Bill 6]-III
2
OPTOMETRISTS REGISTRATION
AMENDMENT BILL 2004
(Brought in by the Minister for Health and Human
Services, the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Optometrists Registration Act
1994
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Optometrists Registration
Amendment Act 2004.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 6] 3
s. 3 No. Optometrists Registration Amendment 2004
Principal Act
3. In this Act, the Optometrists Registration Act 1994* is
referred to as the Principal Act.
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended by omitting
"or used" from the definition of "optical appliance".
Section 6 amended (Membership of Board)
5. Section 6(1) of the Principal Act is amended by omitting
paragraph (a).
Section 42 amended (Specific matters in respect of
which complaints may be made)
6. Section 42(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (h) "substance."
and substituting "substance; or";
(b) by inserting the following paragraphs after
paragraph (h):
(i) influences or attempts to influence
the provision of an optometrical
service in a way that is likely to
compromise patient care; or
*No. 87 of 1994
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2004 Optometrists Registration Amendment No. s. 7
(j) fails to properly supervise a
person employed or engaged by
the optometrist; or
(k) advertises his or her optometrical
services in a false or misleading
way.
Part 6, Division 1: Heading amended
7. Division 1 of Part 6 of the Principal Act is amended by
omitting "Protection of the profession" from the heading
to that Division and substituting "Public and
professional safeguards".
Section 60 substituted
8. Section 60 of the Principal Act is repealed and the
following section is substituted:
Improper directions to employees or agents
60. (1) In this section
"business" means the business of providing
optometrical services;
"induce" means induce by making a threat or
offering a reward;
"optometrical service provider" means
(a) a registered optometrist; or
(b) a body corporate, or a person other
than a registered optometrist, that
engages in business; or
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s. 9 No. Optometrists Registration Amendment 2004
(c) a person who, in any capacity, is
involved in the management of a
business and is in a position to
direct or influence the way in
which that business is conducted;
"provide" means provide or assist in
providing.
(2) An optometrical service provider must not
direct, induce or allow an employee or agent of the
optometrical service provider to provide an
optometrical service in a particular way if the
optometrical service provider knows, or reasonably
ought to know, that providing the optometrical
service in that way is, or is likely to be, detrimental
to patient welfare.
Penalty: Fine not exceeding 50 penalty units.
Section 61 repealed
9. Section 61 of the Principal Act is repealed.
Section 63 repealed
10. Section 63 of the Principal Act is repealed.
Section 64 substituted
11. Section 64 of the Principal Act is repealed and the
following section is substituted:
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2004 Optometrists Registration Amendment No. s. 12
Failure to give free prescription on request
64. (1) Subject to subsection (2), a registered
optometrist who prescribes an optical appliance for a
person must give the person a free copy of the
prescription on request.
Penalty: Fine not exceeding 25 penalty units.
(2) In the case of a contact lens, a registered
optometrist's obligation under subsection (1) does
not arise until after he or she has finished
prescribing and fitting the lens.
(3) A person who dispenses an optical
appliance for a person on and in accordance with the
prescription of a registered optometrist or medical
practitioner must give the person a free copy of the
prescription on request.
Penalty: Fine not exceeding 25 penalty units.
Section 67 repealed
12. Section 67 of the Principal Act is repealed.
Government Printer, Tasmania 7