Contact Lens Practitioners Act
(Chapter 53A, Section 24)
Contact Lens Practitioners (Practice, Conduct and Discipline) Regulations
Rg 2
G.N. No. S 156/1996
REVISED EDITION 1997
(15th April 1996)
[15th April 1996]
PART I
PRELIMINARY
1. These Regulations may be cited as the Contact Lens Practitioners (Practice, Conduct and Discipline) Regulations.
2. In these Regulations —
“aftercare” means follow-up service provided to a client after the prescription, fitting or supply of contact lenses for that client;
“client” means a person who consults a contact lens practitioner in the course of his practice as a contact lens practitioner;
“licensed contact lens practitioner” means a contact lens practitioner who has in force a licence granted under the Act.
PART II
CODE OF CONDUCT AND STANDARDS OF ETHICAL AND PROFESSIONAL CONDUCT AND PRACTICE
Duty to uphold standards of ethical and professional conduct and practice
3.
—(1) A contact lens practitioner shall maintain high standards of ethical and professional conduct and provide proper and adequate service to his clients in his practice as a contact lens practitioner.
(2) Without prejudice to the generality of
paragraph (1), a contact lens practitioner shall comply with standards of ethical and professional conduct and practice for contact lens practitioners which the Board may, from time to time, determine in the form of guidelines.
Functions to be done by contact lens practitioner
4.
—(1) A contact lens practitioner shall personally carry out the following functions in respect of his clients and shall not permit any person who is not licensed under the Act to carry out any such functions in his practice as a contact lens practitioner:
(a)
explaining the risks involved in the use of contact lenses;
(b)
counselling on the proper use of contact lenses;
(c)
prescribing and fitting contact lenses; and
(d)
providing aftercare to clients, including monitoring to detect, prevent and manage problems or complications arising from the use of contact lenses prescribed, fitted or supplied in the course of his practice as a contact lens practitioner and dealing with such problems or complications.
(2) Notwithstanding
paragraph (1), a contact lens practitioner may, with the written consent of his client, arrange for another named licensed contact lens practitioner to carry out some or all of the functions referred to in
paragraph (1) in respect of that client.
Referral of eye injuries and diseases
5.
—(1) A contact lens practitioner who is not a registered medical practitioner shall not hold out that he can treat any injury or disease of the eye.
(2) Where it appears to such contact lens practitioner that his client is suffering from an injury or disease of the eye, he shall, except in an emergency or where, owing to special circumstances, it is impracticable or inexpedient to do so, refer his client to a registered medical practitioner with specialist qualifications in ophthalmology.
Proper contact lens practice and equipment
6.
—(1) A contact lens practitioner shall maintain good contact lens practice at all times.
(2) A contact lens practitioner shall ensure that his place of practice is properly and adequately equipped for his practice as a contact lens practitioner and he shall not use machinery, equipment or other facilities which do not comply with standards determined in the guidelines of the Board.
(3) A contact lens practitioner shall ensure that all machinery, equipment and other facilities used in his practice as a contact lens practitioner are maintained in proper working order.
Supply of proper contact lenses
7. A contact lens practitioner shall not supply used contact lenses or any contact lenses which do not comply with the standards determined in the guidelines of the Board.
Proper records to be kept
8.
—(1) A contact lens practitioner shall ensure that proper and accurate records are kept to enable proper aftercare and service for his clients.
(2) Such records shall be kept for at least 6 years before disposal.
9.
—(1) A contact lens practitioner shall inform the Registrar of every place where he carries on his practice as a contact lens practitioner.
(2) A contact lens practitioner shall report to the Registrar any change in his place of practice within 14 days thereof.
(3) A contact lens practitioner shall not have more than 3 places of practice unless he satisfies the Board that he will provide proper and adequate service at each of his places of practice and obtains the prior approval of the Board.
(4) A contact lens practitioner shall conspicuously display his licence at the principal place of his practice as a contact lens practitioner and a certified true copy of his licence at each of his other places of practice as a contact lens practitioner.
10. A contact lens practitioner shall not advertise his practice as a contact lens practitioner or endorse any product related to contact lens practice except in accordance with guidelines determined by the Board or in such manner as the Board may approve.
11. A person who contravenes any provision in regulations 4 to 10 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
PART III
DISCIPLINARY PROCEEDINGS
12.
—(1) The Board shall consider every written complaint against a contact lens practitioner.
(2) The complaint may be a report —
(a)
that the contact lens practitioner has been convicted of an offence referred to in section 12 (1) (c ) of the Act; or
(b)
that his registration should be cancelled on some other ground specified in section 12 of the Act.
(3) Where a contact lens practitioner is alleged to have been convicted of an offence, the report may be submitted by the Registrar of the Supreme Court or the Registrar of the Subordinate Courts or a public officer.
(4) Where a complaint is made by a member of the Board, that member shall be disqualified from taking part in any deliberation of the Board or any inquiry committee appointed under
regulation 14(2)(c) on any matter relating to his complaint.
13.
—(1) Where a contact lens practitioner is alleged to have been guilty of any misconduct or negligence, the Board shall not proceed further under these Regulations unless there has been furnished to the Board’s satisfaction a statutory declaration made by the complainant.
(2) The statutory declaration shall state —
(a)
the name, address and occupation of the complainant;
(b)
the grounds of the complaint; and
(c)
the evidence of the alleged misconduct or negligence.
(3) The Board may, in its discretion, waive the statutory declaration if the allegation is made by a public officer, a member of the Board or the Registrar.
14.
—(1) The Registrar shall send the contact lens practitioner against whom the complaint is made (hereinafter referred to as the respondent) a copy of the complaint and of any statutory declaration furnished under
regulation 13 and invite the respondent to submit to the Board any explanation in writing he may wish to offer on the complaint.
(2) The Board may, after having considered such explanation, where given, and, where the respondent is convicted of an offence referred to in section 12(1)(
c) of the Act, the record of proceedings in the court —
(a)
determine that no action be taken;
(b)
direct that the registration of the respondent be cancelled or take such other actions against him as are permitted under section 12(2) of the Act; or
(c)
refer the matter to an inquiry committee consisting of a chairman and 2 other persons appointed by the Board which shall hold an inquiry in accordance with these Regulations and submit a report to the Board.
(3) Before the Board makes any direction under paragraph (2)(b), the Board shall give the respondent a reasonable opportunity of being heard.
Appointment of solicitor or public officer
15.
—(1) For the purpose of an inquiry under these Regulations, the Board may appoint a solicitor or a public officer to assist the inquiry committee in conducting the inquiry.
(2) A solicitor appointed under
paragraph (1) may be paid such fees as the Minister may approve.
16.
—(1) Where the matter is referred to an inquiry committee, the inquiry committee shall serve on the respondent a notice specifying —
(a)
the charge or charges preferred against him; and
(b)
the time, date and place of the inquiry.
(2) An inquiry shall, except with the agreement of the respondent, be held not earlier than 28 days after the date of the notice.
(3) The notice shall be in such form as the inquiry committee thinks fit.
(4) The notice shall be sent to the respondent by registered post addressed to him at his last known address or may be delivered to him in person.
17.
—(1) The respondent or the appointed person may apply for a postponement of the inquiry.
(2) The inquiry committee may, in its discretion, postpone the inquiry to such later date as it may determine.
18. The respondent and the appointed person shall be permitted to have access to information contained in any document at a reasonable time before the document is tendered in evidence at an inquiry.
19.
—(1) The inquiry committee may require the appointed person or the respondent to produce such documents relating to the matter under inquiry and in his possession as the inquiry committee thinks fit.
(2) A person attending the inquiry shall give evidence under oath or affirmation.
Respondent may appear in person or be represented
20. The respondent may appear in person or be represented by counsel, or by a member of any professional organisation of which he is a member, or by any person approved by the inquiry committee.
Inquiry not open to public
21. An inquiry by the inquiry committee under these Regulations shall be held in private.
22.
—(1) If the respondent does not appear, the inquiry committee may proceed with the inquiry after satisfying itself that a notice of the inquiry was served on him under
regulation 16(4).
(2) The procedure to be followed at the inquiry shall be as follows, but the procedure may be varied by the inquiry committee in any particular case:
(a)
the charge shall first be read out to the respondent;
(b)
the respondent or his representative may object to the charge;
(c)
if any such objection is upheld, no further proceedings shall be taken by the inquiry committee on the charge to which the objection relates;
(d)
the appointed person shall present the facts on which the charge is based, and adduce evidence of the facts alleged in the charge;
(e)
the respondent or his representative may adduce evidence on the respondent’s behalf, cross-examine witnesses and re-examine their own witnesses;
(f)
the inquiry committee may question the respondent and cross-examine witnesses and re-examine their own witnesses;
(g)
at the close of the case the respondent or his representative may address the inquiry committee; and
(h)
the appointed person shall make his closing address.
(3) The inquiry committee shall not be bound to act in a formal manner and shall not be bound by the
Evidence Act (Cap. 97) or by any other written law relating to evidence but may inform itself on any matter in such manner as it thinks fit.
(4) The inquiry committee may, in its discretion, conduct proceedings under these Regulations notwithstanding the absence of one of its members and the validity of the proceedings shall not be challenged on this ground.
(5) If the inquiry committee is satisfied that the respondent is hampering or attempting to hamper the progress of the inquiry, it shall administer a warning to the respondent and if, after such warning, the committee is satisfied that the respondent is acting in disregard of the warning, it shall make an entry in the record to that effect and shall proceed to complete the inquiry in such manner as it thinks fit.
23.
—(1) The inquiry committee shall proceed with its inquiry from day to day and no adjournment shall be given except for reasons to be recorded in writing.
(2) Every adjournment, with reasons therefor, shall be reported to the Chairman of the Board and no adjournment shall be given for more than 14 days except with the permission of the Chairman of the Board.
Findings of inquiry committee
24.
—(1) At the conclusion of the proceedings in
regulation 22, the inquiry committee shall consider whether all the charges have been proved to its satisfaction.
(2) If the inquiry committee determines that any charge is proved to its satisfaction, the respondent or his representative may address the inquiry committee in mitigation and adduce evidence of the character of the respondent.
25.
—(1) The record of the proceedings of the inquiry committee shall consist of the information obtained by the inquiry committee and a report by the inquiry committee.
(2) The information shall not ordinarily be set out in the form of question and answer but in the form of a narrative but the inquiry committee may, in its discretion, record any particular question and answer.
(3) The inquiry committee shall, within 28 days of the conclusion of the proceedings, unless the Board grants an extension of time, submit its report to the Board.
26.
—(1) The Board may, where it thinks fit, require the inquiry committee to reconvene to consider further evidence and to meet for that purpose.
(2) The respondent shall be given not less than 14 days’ notice of any further meeting of the inquiry committee required under
paragraph (1).
27.
—(1) The Board may, upon considering the report of the inquiry committee, direct that the registration of the respondent be cancelled or take such actions against him as are permitted under section 12(2) of the Act.
(2) The Registrar shall send notice of any direction of the Board under
paragraph (1) to the respondent at his last known address.
(3) The Board may inform the dean or registrar or other proper officer of any university, college or institution or other examination body from which the contact lens practitioner received his degree or qualification of the cancellation of his registration.
(4) The Board may, in its discretion, publish an account of the inquiry and its decision.
[G.N. No. S 156/96]
