Opticians Act


Published: 1926-12-14

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OPTICIANS 1

THE OPTICIANS ACT

ARRANGEMENT OF SECTIONS

a 1. Short title. 2. Interpretation.
3. Registry and Registrar.

4. Register of practitioners to be kept.

5. Copy of register to be published in Gazette.
,

6. Registered Practitioners entitled to recover charges.

7. Only registered practitioners entitled to practice optometry.

8. Persons entitled to be registered.

9. Persons to make application to Minister for registration.

10. Constitution of board of examiners.

1 1 . Appointment of secretary and fee payable to examiners and
secretary.

12. Requirements for candidates for examination.

13. Examination fee.

14. Duties of Registrar.

15. Offences.

. a 16. Penalty for registrar making false entry, etc.
16A. Regulations.

16B. Minister may amend monetary penalties.

17. Exemptions.

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OPTICIANS 3

Cap. 269.
Act

7 of 2011
Sc h.

[14th December, 1926.1

1. This Act may be cited as the Opticians Act. Short title.

2. In this Act- Interprets-
tion.

"optometry" or "the practice of optometry" means the em-
ployment of any methods for the estimation of errors of
refraction of the human eye, and the prescribing or
adapting of lenses to correct such errors.

3. The office of the Registrar-General of Births and Deaths egis try and
shall be the registry of qualified opticians and the Registrar-
General of Births and Deaths shall be the Registrar under this
Act.

4. The Registrar shall open and thereafter keep, as nearly as Resisterof
practitioners may be according to the Form in the Schedule, a register of

qualified optometry practitioners. Schedule.

5. A copy of the register as it stands at any such time, copyof
shall be published by the Registrar in the first Gazette ::;::,zed
issued after each first day of June and December in every inGa=erre.
year.

Any copy of the Gazette containing the most recent copy
of the register, shall be prima facie evidence in all legal
proceedings that the persons therein specified are registered
under this Act; and the absence of the name of any person
from such copy' shall be prima facie evidence that such person
is not registered under this Act.

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OP TZCZA NS

Registered 6. Every person registered under this Act shall be entitled
practitioners
entitled to to practise optometry in this Island and to demand and recover
-ewver reasonable charges for professional services and/or optical aid

arges. rendered by such person, and the cost of merchandise supplied
by him.

only regis- 7. No person, unless duly registered under the provisions of
this Act, shall practise optometry in this Island either for or

topractise without reward nor carry on business under any title, name or
optometry.

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description implying that he is registered under this Act. The use
of test lenses, spectacles, trial frames, ophthalmoscope, retino-
scope, or any apparatus that may be used to measure refraction,
or visual acuity, or muscular equilibrium, shall be deemed con-
clusive evidence of the practice of optometry.

(a) Any person qualified or entitled to practise in the
United Kingdom under any Act for the time being in
force or who holds the sight-testing diploma of the
Worshipful Company of Spectacle Makers or' the
British Optical Association both of London,
England.

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(b) Any person who, at the passing of this Act, has
been domiciled in Jamaica for not less than two 0
years and also is and has been for not less than
two years, bona fide engaged in the practice of
optometry in this Island, and who holds a
diploma, licence or certificate granted to him by
any university, college or institution recognized by

Persons I 8. The following persons, upon satisfying the Registrar by
entitledtobe registered. documentary or other evidence that they are of good moral

character and of their right to be registered, and upon payment
I of the registration fee of two dollars and ten cents, shall be
entitled to be registered under this Act-

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OPTtCtANS 5

the Minister, after and in consequence of his
having passed through the course of study and
examination in optometry, prescribed by such
university, college or institution.

(c) Any person who, at the passing of this Act, has
been domiciled in Jamaica for not less than five
years and also is and has been for not less than
five years bona fide engaged in practice of opto-
metry in this Island, and whom the Minister for
special cause shown, permits to be registered with-
out examination.

9. Any person who, at the passing of this Act, is bonu Personsto
fide engaged in the practice of optometry in this Island application
and also any person not qualified to be registered under ~ , ~ ~ f ; ~
section 8, but who in either such case holds a diploma, bation.
licence, or certificate granted to him by any university,
college, or institution recognized by the Minister, after and
in consequence of his having passed through the course of
study and examination in optometry prescribed by such
university, college, or institution, and who wishes to be
registered under this Act, may make application in writing
to the Minister to appoint a Board of Examiners for his
examination under this Act.

make

10. On receipt of such application the Minister shall Constitution
of Board of

appoint three persons, two of whom shall be registered E xaminers.
medical practitioners and the third shall be duly registered
under this Act, a s a Board of Examiners, and the persons
so appointed shall thereupon fix a time and place for
holding the examination. The Minister shall appoint one
of such registered medical practitioners to be the chairman
of the Board of Examiners.

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6 OPTICIANS

Amointment 11. The Minister shall appoint some fit and proper
of secretary
and fee
payable to
examiners
and
secretary.

Require-
ments for
candidates
for exam-
ination.

person to act as secretary to such Board and shall pay to
each examiner for each examination, a fee of two dollars
and ten cents, and to the secretary a fee of two dollars and
ten cents.

12. The candidate for examination shall first satisfy the
Board of Examiners that he is of good moral character,
and that he was at the date of the passing of this Act
bona fide engaged in the practice of optometry in this Island,
and that he attended a university, college or institution
recognized by the Minister andior that he holds a diploma,
licence or certificate granted to him as aforesaid, and the
Board of Examiners, if so satisfied, shall, with reasonable
dispatch fully and fairly examine such candidate accord-
ingly; and if they find him sufficiently informed and skilled,
they shall give him a certificate to that effect, and he shall
then be entitled to be registered under this Act, upon pay-
ment of the registration fee.

Examination 13. A n y candidate who presents himself for examination
fee.

Duties of
Registrar.

shall be required to deposit with the secretary, before the
examination, the sum of ten dollars and fifty cents, to be
applied in payment of the fees mentioned in the preceding
sections, and which shall not in any case be returned to the
candidate.

14. The Registrar shall erase from the register any entry
which has been incorrectly and fraudulently made, and shall
erase the name of any person who shall die, or who has given
notice that he has ceased to practise.

The Registrar shall also, provided he first obtains the
sanction of the Minister, erase the name of any person
convicted of felony or misdemeanour, either before or after
the passing of this Act, and either before or after
registration.

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OPTICIANS 7

15. Any person- Offences.
(a) who shall fraudulently procure or attempt to procure

himself or any other person to be registered under
this Act, or who shall aid or abet in such fraudulent
procuiement or attempt; or

(b) who, not being registered under this Act, shall hold
himself out of pretend to be, or use or take the
name or title of optometrist, optician, or doctor or
professor of optometry of any name, title or addition
implying such qualification or that he is a person spe-
cially qualified to practise optometry;

(c) who whether registered under this Act or not and not
being a registered medical practitioner, assumes the
title of oculist or eyesight specialist, or uses or causes
to be used in connection with his business, trade,
calling or profession, any written words, titles, initials
or abbreviation of words, titles, or initials which are
intended or may reasonably cause any person to believe
that he is qualified to practise medical or surgical
treatment of the eye;

(d) who whether registered under this Act or not and not
being a registered medical practitioner or acting under
the instructions of a registered medical practitioner,
administers any drug for the purpose of paralysing the
accommodation of the eye or otherwise for facilitating
the measurement of the powers of vision, or treats any
disease of the eye by the use of drugs,

shall be guilty of an offence under this Act, and shall on sum-
mary conviction before a Resident Magistrate be liable to a
penalty 'not exceeding five hundred thousand dollars, or to be ,no11

@ imprisoned, with or without hard labour, for a term not exceed- SCh.
ing six months:

Provided always, that a person shall not be guilty of any
offence,under clause (b) if he shows that he has been registered
and continues to be entitled to be registered under this Act,
but that his name has been erased on the ground only that he
ceased to practise in the Island.

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OPTICIANS

Penalty for
Registrar
making
false entry,
etc.
71201 1
Sch.

Regulations.
7/20] 1
Sch.

Minister
may amend
monetary
penalties.
7/20] 1
Sch.

16. Any Registrar or other person who knowingly shall
fraudulently make or cause, or permit to be made,.any false or
incorrect entry in the register, or any copy thereof shall on con-
viction be guilty of a misdemeanor and be liable to a fine not ex-
ceeding one million dollars or imprisonment with or without
hard labour for a term not exceeding twd years.

16A.-(1) The Minister may make regulations for the better
carrying out of the provisions and purposes of this Act.

(2) Notwithstanding section 29(b) of the Interpreta-
tion Act, regulations made under this section may provide in
respect of a breach of any of the provisions thereof for the impo-
sition of penalties on summary conviction in a Resident Magis-
trate's Court of a fine not exceeding one million dollars or im-
prisonment for a term not exceeding twelve months or both such
fine and imprisonment.

16B. The Minister may, by order subject to affirmative
resolution, amend the monetary penalties specified in this Act.

17.-(1) Nothing in this Act contained shall extend to preju-
dice or in any way affect duly registered medical practitioners.

(2) Nothing in this Act shall so operate as to pro-
hibit-

(a) any registered chemist or ,druggist fiom dispensing,
selling or supplying any drugs or applying them to
secure local anaesthesia for the 'purpose of removing
any foreign body from the eye; J

(b) any wholesale dealer fiom supplying frames," oph-
thalmic lenses, or spectacles in the ordinary course of
wholesale business; or

(c) any person. from selling from a permanent place of
business, and otherwise than in compliance with a pres-
cription given by a registered medical practitioner, or a

. . registered optician, spectacles; kept in itock in a state
ready for use. . , ,

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OPTICIANS

SCAEDULE

Name

9

(Section 4)

Date of

examina tioo
Address

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