N.J. Admin. Code § 13:33-2.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:33-2.2 - Out-of-State ophthalmic dispenser application

(a) A Temporary Ophthalmic Dispenser Permit shall be issued to an individual from out of the State of New Jersey if the applicant is licensed as an ophthalmic dispenser in another state, has engaged in ophthalmic dispensing for a minimum of three years following the award of his or her license, the last year of ophthalmic dispensing having been acquired within five years of the date of application for the temporary permit and either:

1. Holds an associate degree in ophthalmic science from a school accredited by the Commission on Opticianry Accreditation and a regional accrediting body recognized by the United States Department of Education, Office of Postsecondary Education; or

2. Has completed 30 credits of course work from a school accredited by the Commission on Opticianry Accreditation and a regional accrediting body recognized by the United States Department of Education, Office of Postsecondary Education, in which he or she obtained a grade of either a "C" or better or a numerical grade of 70 or better, which included:

i. Materials I and II Lecture;

ii. Materials I and II Lab;

iii. Dispensing I and II Lecture;

iv. Dispensing I and II Lab;

v. Principles of Optics (Theory of Optics);

vi. Anatomy and Physiology of the Eye; and

vii. Contact Lens Theory.

(b) The holder of Temporary Ophthalmic Dispenser Permit may practice dispensing in New Jersey without supervision but may not supervise any apprentices and must take the first Ophthalmic Dispenser licensing examination following the issuance of the permit. If the holder of a permit fails to take the next scheduled examination because of illness, emergency or other good cause, he or she may apply to the Board to take another examination. Applications shall set forth the reason why the holder of a permit was not able to take the examination. A holder of a permit who fails to take the licensing examination and who has not been granted approval by the Board to take another examination shall return the permit to the Board and shall stop engaging in the practice of ophthalmic dispenser in New Jersey.

(c) If the holder of a Temporary Ophthalmic Dispenser Permit fails the Ophthalmic Dispenser licensing examination once, the Temporary Ophthalmic Dispenser Permit may be renewed one time. A holder of a permit working as a Temporary Ophthalmic Dispenser pursuant to a renewed permit shall take the next scheduled licensing examination. If the holder of the permit fails the second examination, or fails to take the next scheduled examination, he or she shall return the Temporary Ophthalmic Dispenser Permit and shall no longer work as an ophthalmic dispenser until he or she passes the licensing examination. If the holder of a permit fails to take the next scheduled examination because of illness, emergency or other good cause, he or she may apply to the Board to take another examination. Applications shall set forth the reason why the holder of a permit was not able to take the examination. The holder of a permit who has returned the Temporary Ophthalmic Dispenser Permit may take the Ophthalmic Dispenser Licensing examination provided that he or she practiced as an Ophthalmic Dispenser in another state within the previous five years. An individual whose last year of Ophthalmic Dispenser practice was more than five years ago may enter an apprenticeship program for licensure.

(d) An individual who has worked as an ophthalmic dispenser in a state that does not license ophthalmic dispensers shall qualify to take the Ophthalmic Dispenser licensing examination in this State provided that he or she:

1. Holds an associate degree in Ophthalmic Science from a school accredited by the Commission on Opticianry Accreditation and a regional accrediting body recognized by the United States Department of Education, Office of Postsecondary Education and has four months of experience as a dispenser of prescription eyewear subsequent to the award of the degree and within the immediately preceding five-year period; or

2. Has worked as a dispenser of prescription eyewear for three calendar years, the last year of which shall have been within five years of the date of application for examination, and has satisfactorily completed 30 credit hours of courses in ophthalmic science from a school accredited by the Commission on Opticianry Accreditation and a regional accrediting body recognized by the United States Department of Education, Office of Postsecondary Education, in which he or she obtained a grade of either a "C" or better or a numerical grade of 70 or better, which included:

i. Materials I and II Lecture;

ii. Materials I and II Lab;

iii. Dispensing I and II Lecture;

iv. Dispensing I and II Lab;

v. Principles of Optics (Theory of Optics);

vi. Anatomy and Physiology of the Eye; and

vii. Contact Lens Theory.

(e) Clinical instruction in an associate degree program or the Materials I and II Lab and Dispensing I and II Lab portion of the coursework an applicant completed shall be provided only by instructors who are legally permitted to practice ophthalmic dispensing in the state in which the clinical instruction is provided. Instructors and students shall be physically present at the site at which clinical instruction or the Materials I and II Lab and Dispensing I and II Lab instruction is being provided and the location shall be equipped with the optical equipment required by N.J.A.C. 13:33-3.5(a).

(f) The requirements at (e) above shall not apply to an applicant who was enrolled in an associate degree program as of, or who began his or her coursework prior to, December 20, 2021.

N.J. Admin. Code § 13:33-2.2

As amended, R.1983 d.15, effective 2/7/1983.
See: 14 N.J.R. 545(a), 15 N.J.R. 157(a).
Changed section title from temporary ophthalmic dispenser permit. Added 2. to (a). Also added (b).
Amended by R.1987 d.323, effective 8/3/1987.
See: 19 N.J.R. 917(a), 19 N.J.R. 1455(a).
Credits changed from 18 to 30.
Amended by R.1995 d.192, effective 4/3/1995.
See: 27 N.J.R. 298(a), 27 N.J.R. 1428(a).
Amended by R.2000 d.146, effective 4/3/2000.
See: 32 N.J.R. 241(a), 32 N.J.R. 1236(a).
Rewrote the section.
Recodified from N.J.A.C. 13:33-1.11 and amended by R.2005 d.305, effective 9/6/2005.
See: 37 N.J.R. 938(a), 37 N.J.R. 3437(a).
Updated the N.J.A.C. reference in (c).
Former N.J.A.C. 13:33-2.2recodified as N.J.A.C. 13:33-3.6.
Amended by R.2011 d.074, effective 3/7/2011.
See: 42 N.J.R. 1994(b), 43 N.J.R. 642(a)
Rewrote the section.
Amended by R.2021 d.144, effective 12/20/2021.
See: 51 N.J.R. 1334(a), 53 N.J.R. 2229(b).
In the introductory paragraph of (a)2 and in the introductory paragraph of (d)2, inserted "from a school accredited by the Commission on Opticianry Accreditation and a regional accrediting body recognized by the United States Department of Education, Office of Postsecondary Education"; and added (e) and (f).