327-A:1 Definitions. – In this chapter: [Paragraph I effective until January 1, 2023; see also paragraph I set out below.] I. "Ophthalmic dispensing" means the design, verification, and delivery to the intended wearer of lenses, frames, and other specially fabricated optical devices upon prescription. It includes, but is not limited to, prescription analysis and […]
327-A:10 Return of Certificate. – Upon the suspension or revocation of a certificate of registration by the executive director and the issuance of a notice thereof, the registrant shall within 5 days, not including Sundays and holidays, deliver to the executive director the certificate of registration. If surrendered by mail, the certificate of registration […]
327-A:11 Procedure for Complaints; Hearings; Judicial Review. – I. No certificate of registration shall be suspended or revoked until after a hearing before the executive director, which shall be held in accordance with RSA 541-A, and upon written notice mailed to the registrant by certified or registered mail. However, when a notice of hearing […]
327-A:12 Rulemaking. – The executive director shall adopt rules, pursuant to RSA 541-A, relative to: I. Eligibility requirements for registration. II. Eligibility requirements for a renewal or reinstatement of a registration to practice ophthalmic dispensing, in accordance with RSA 327-A:3. III. [Repealed.] IV. Ethical and professional standards required to be met by registrants. V. […]
327-A:12-a Telemedicine. – Registered ophthalmic dispensers shall be permitted to provide services through the use of telemedicine. " Telemedicine " means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment. Source. 2020, 27:28, eff. July 21, 2020.
327-A:13 Persons and Practices Not Affected. – Nothing in this chapter shall apply to: I. Licensed physicians and surgeons authorized to practice medicine or surgery and licensed optometrists authorized to practice optometry under the laws of this state. II. [Repealed.] III. Any individual, firm, or corporation employing persons registered under this chapter. IV. The […]
327-A:14 Renewal of Registration; Continuing Education. – Certificates of registration issued under this chapter shall be subject to renewal every 2 years and shall expire unless renewed in the manner prescribed by the executive director. Certificates of registration for ophthalmic dispensing shall be renewed upon the payment of the renewal fee and the completion […]
327-A:15 Injunction. – The executive director may request the attorney general to commence an action to enjoin the operation of any person engaged in the selling or fitting of ophthalmic devices or contact lenses in violation of this chapter. Said action shall be filed in the superior court in Merrimack county. Source. 1989, 389:1. […]
327-A:16 Civil Claims. – Any person injured by the actions of a person engaged in the dispensing of ophthalmic devices or contact lenses in violation of any of the provisions of this chapter may bring a civil action to recover damages suffered by reason of the violation. Source. 1989, 389:1, eff. Jan. 1, 1990.
327-A:17 Administrative Fines. – The executive director after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine of $250 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the executive director […]
327-A:2 Registration of Ophthalmic Dispensers. – It shall be unlawful for any person to engage in the business of ophthalmic dispensing or the practice of dispensing contact lenses unless such person is registered in accordance with this chapter and unless the registration of such person is current and valid. No person shall engage in […]
[RSA 327-A:2-a effective January 1, 2023.] 327-A:2-a Pupillary Distance Measurement. – The pupillary distance measurement, if taken within the previous 24 months, shall be made available to the wearer upon request. Nothing shall prevent the ophthalmic dispenser, or their employer, from charging a fee for any ophthalmic dispensing services. Source. 2022, 298:2, eff. Jan. […]
327-A:3 Application for Registration. – An application for a certificate of registration for ophthalmic dispensing under this chapter shall be filed with the department in such form and detail as the executive director shall require in accordance with rules adopted under RSA 541-A, shall be duly signed and verified, shall be available for public […]
327-A:4 Repealed by 2010, 368:1(27), eff. Dec. 31, 2010. –
327-A:5 Powers and Duties of the Executive Director. – The powers and duties of the executive director under this chapter include: I. Accepting applications for certificates of registration under this chapter, and approving or denying such applications. II. Renewing certificates of registration. III. Suspending or revoking certificates of registration upon the grounds listed in […]
327-A:6 Issuance of Certificate. – Except as provided in RSA 327-A:9, the executive director shall issue a certificate of registration for ophthalmic dispensing to any person who files an application for such certificate accompanied by the required application and registration fees within 30 days after the filing of such application. Source. 1989, 389:1. 1995, […]
327-A:7 Application and Registration Fees. – Every application for a certificate of registration for ophthalmic dispensing shall be accompanied by a non-refundable registration fee. Upon approval of the application by the executive director, the applicant shall be issued a certificate of registration for ophthalmic dispensing, which shall be renewed biennially on or before June […]
327-A:8 Display of Certificate. – Any person who has been issued a certificate of registration under this chapter shall conspicuously display such certificate in his principal place of business. Source. 1989, 389:1, eff. Jan. 1, 1990.
327-A:9 Suspension, Revocation or Refusal to Issue Certificate. – The executive director may deny the application for a certificate of registration and may suspend or revoke the registration of any ophthalmic dispenser issued pursuant to this chapter or refuse to issue a renewal thereof if it is determined after hearing that such applicant or […]
