CHAPTER
He-P 6000 OPHTHALMIC DISPENSING
Statutory
Authority: RSA 327-A:12
PART He-P 6001
DEFINITIONS
He-P
6001.01 Definitions.
(a) “Commissioner” means “commissioner” as
defined in RSA 327-A:1, V, or his or her designee.
(b) “Continuing education credit” means one hour
of continuing education approved by the commissioner.
(c) “Department” means “department” as defined in
RSA 327-A:1, VI.
(d) “Ophthalmic dispenser” means “ophthalmic
dispenser/optician” as defined in RSA 327-A:1, VII.
(e) “Ophthalmic dispensing” means “ophthalmic
dispensing” as defined in RSA 327-A:1, I.
(f) “
(g) “Prescription” means “prescription for
spectacle lenses” and “prescription for contact lenses” as defined in RSA
327-A:1, III and IV.
(h) “Registrant” means a person who is registered
as an ophthalmic dispenser pursuant to He-P 6000.
Source. #5199, eff 8-7-91; EXPIRED 8-7-97
New. #6567, INTERIM, eff 8-22-97, EXPIRED 12-20-97
New. #6728, eff 4-1-98; ss by #7119, eff 10-16-99;
ss by #7894, eff 5-21-03; ss by #8593, eff 3-28-06; ss by #10453, eff 10-31-13
PART
He-P 6002 APPLICATION PROCEDURE AND FEES
He-P
6002.01 Initial Application.
(a) Each applicant for registration under RSA
327-A shall make application on a form provided by the commissioner.
(b) The submitted application for registration
shall contain the following:
(1) Name of applicant;
(2) Home address and phone of applicant;
(3) Date of birth of applicant;
(4) The applicant’s social security number,
which:
a. Is required by RSA 161-B:11; VI-a;
b. Is used only for enforcement of the laws
governing child support; and
c. Shall be held confidential by the department;
(5) The name, address, and phone of the business
where the applicant is employed as an ophthalmic dispenser;
(6) If a partnership, the name and address of
each partner;
(7) If a corporation, the name and address of
each corporate officer;
(8) The name of each state where the applicant holds
or has held a license or registration to practice ophthalmic dispensing and the
dates the applicant has practiced in each state;
(9) A statement as to whether the applicant has
ever been denied a license or registration to practice ophthalmic dispensing,
has had an ophthalmic dispensing license or registration revoked or suspended,
or has had any other disciplinary action taken against his or her ophthalmic
dispensing license or registration in this or any other state;
(10) Recent 2” x 2” photograph of applicant’s
face; and
(11) Signature of applicant and date signed.
(c) The completed application shall be submitted
to the commissioner and shall be accompanied by the registration fee set forth
in He-P 6002.06 (a) (1).
(d) The commissioner shall either accept the
application as being complete or notify the applicant in writing within 30 days
of receipt of the application, that the application is incomplete, specifying
what the applicant needs to submit to complete the application.
(e) Applicants who submit a complete application
in accordance with He-P 6002.01 (a) through (c) and pay the registration fee
set forth in He-P 6002.06 (a) (1) shall be granted registration as an
ophthalmic dispenser.
(f) Registrations issued by the commissioner
shall be effective for 2 full calendar years from the date of approval.
(g) Notwithstanding (e) above, the commissioner
shall deny any application if the applicant:
(1) Has not met any one of the requirements of
RSA 327-A or He-P 6002; or
(2) Has engaged in behavior justifying denial
under RSA 327-A:9.
(h) The commissioner shall send the decision to
deny the application to the applicant at the address shown on the application.
(i) Notification of denial shall be in accordance
with He-P 6003.03 (a), (b) and (c).
Source. #5199, eff 8-7-91; EXPIRED 8-7-97
New. #6567, INTERIM, eff 8-22-97, EXPIRES 12-20-97
New. #6728, eff 4-1-98; ss by #7119, eff 10-16-99;
ss by #7894, eff 5-21-03; ss by #8593, eff 3-28-06; ss by #10453, eff 10-31-13
He-P
6002.02 Renewal Application.
(a) An ophthalmic dispenser who wishes to
maintain his/her registration shall submit an application for renewal to the
commissioner in accordance with RSA 327-A:14.
(b) At least 60 days prior to the expiration of a
registration, the commissioner shall:
(1) Notify, in writing, the registrants whose
registrations are to expire that their registrations are due to expire; and
(2) Include an application for renewal of
registration with the written notice.
(c) At least 30 days prior to the expiration of a
registration, the registrant shall submit to the commissioner:
(1) An application that contains the following:
a. The applicant’s first, middle and last name;
b. The applicant’s home mailing address;
c. The name and address of the business where
the applicant is employed as an ophthalmic dispenser;
d. The name of each state where the applicant
holds or has held a license or registration to practice ophthalmic dispensing
and the dates the applicant has practiced in each state;
e. A statement as to whether the applicant has
ever been denied a license or registration to practice ophthalmic dispensing,
has had an ophthalmic dispensing license or registration revoked or suspended,
or has had any other disciplinary action taken against his or her ophthalmic
dispensing license or registration in this or any other state;
f. Signature of applicant certifying that the
information on the application is true and accurate; and
g. The date signed;
(2) The following documentation of having met the
continuing education requirements of RSA 327-A:14 and He-P 6002.05:
a. The completed continuing education section of
the application form provided by the commissioner which contains the following:
1. The name of the continuing education event;
2. The location of the event;
3. The date(s) of the event;
4. The name and address of the sponsor of the
event;
5. The number of continuing education hours for
each event; and
6. The signature of the registrant; and
b. Copies of all certificates of continuing
education credits listed on the form required by a. above; and
(3) The renewal fee required by He-P 6002.06 (a)
(2).
(d) The commissioner shall either accept the
application as being complete or notify the applicant in writing within 30 days
that the application is incomplete, specifying what the applicant needs to
submit to complete the application.
(e) Applications for renewal shall be approved
if:
(1) The application contains the information and
fee required by He-P 6002.02 (c) and He-P 6002.06 (a) (2);
(2) The registrant is in compliance with He-P
6000 and RSA 327-A; and
(3) The registrant has not engaged in an act that
would result in denial under RSA 327-A:9.
(f) Renewal registrations shall be effective for
2 years from the date of expiration of the prior registration.
(g) The commissioner shall deny any application
in accordance with He-P 6003.03 if the applicant:
(1) Has not met any one of the requirements of
RSA 327-A:7 and RSA 327-A:14 or He-P 6002.02; or
(2) Has engaged in behavior justifying denial
under 327-A:9.
(h) Notification of denial of renewal shall be in
accordance with He-P 6003.03 (a), (b) and (c).
Source. #5199, eff 8-7-91; EXPIRED 8-7-97
New. #6567, INTERIM, eff 8-22-97, EXPIRES 12-20-97
(formerly He-P 6301.02)
New. #6728, eff 4-1-98; ss by #7119, eff 10-16-99;
ss by #7894, eff 5-21-03; ss by #7894, eff 5-21-03; ss by #8593, eff 3-28-06;
ss by #10453, eff 10-31-13
He-P
6002.03 Expired Registration.
(a) If an application for renewal is received
after the expiration date of the registration, the registration shall be
expired.
(b) An ophthalmic dispenser whose registration
has expired in accordance with (a) above shall not practice ophthalmic
dispensing until he or she has obtained a registration in accordance with RSA
327-A and He-P 6000.
(c) An ophthalmic dispenser whose registration
has expired in accordance with (a) above, and wishes to reapply for a
registration, shall reapply for an initial ophthalmic dispensing registration
in accordance with He-P 6002.01.
(d) If an ophthalmic dispenser reapplies for an
initial registration in accordance with (c) above, the applicant shall also
include with the initial application documentation of having met the continuing
education requirements of He-P 6002.05.
Source. #5199, eff 8-7-91; EXPIRED 8-7-97
New. #6567, INTERIM, eff 8-22-97, EXPIRES 12-20-97
(formerly He-P 6301.03)
New. #6728, eff 4-1-98; ss by #7119, eff 10-16-99;
ss by #7894, eff 5-21-03; ss by #8593, eff 3-28-06; ss by #10453, eff 10-31-13
He-P
6002.04 Change of Address and Timely
Submission of Application.
(a) Registrants shall immediately notify the
commissioner when a change of home or office address occurs.
(b) Failure to receive an application for renewal
of the current registration sent by the department shall not excuse the
ophthalmic dispenser from the obligation to submit an application for renewal
at least 30 days prior to the expiration of the current registration in
accordance with He-P 6002.02 (c).
Source. #7119, eff 10-16-99; ss by #7353, eff 8-24-00;
ss by #7894, eff 5-21-03; ss by #8593, eff 3-28-06; ss by #10453, eff 10-31-13
He-P
6002.05 Continuing Education.
(a) Registered ophthalmic dispensers shall
complete a minimum of 8 continuing education credits during the 2 year period
prior to each renewal of registration in accordance with RSA 327-A:14.
(b) At least 5 of the continuing education
credits shall be earned through live didactic courses.
(c) Home study programs shall include audio,
video, or computer programs with successful completion of a written
examination.
(d) Applicants for renewal shall submit
documentation concerning continuing education credits with the application for
renewal in accordance with He-P 6002.02 (c) (2).
(e) Continuing education events approved by the
American Board of Opticianry or the National Contact Lens Examiners shall be
accepted by the commissioner for continuing education credits.
(f) Events which are not approved by the American
Board of Opticianry or the National Contact Lens Examiners shall be pre-approved
by the commissioner as described in (g) through (j) below in accordance with
RSA 327-A:14 for continuing education credits.
(g) Requests for pre-approval for continuing
education credits shall be submitted by the association or organization sponsoring
the event.
(h) Associations and organizations requesting
pre-approval for continuing education credits shall submit their requests to
the commissioner, in writing, at least 60 days prior to the scheduled event.
(i) Requests for pre-approval for continuing
education credits pursuant to RSA 327-A:14 shall include:
(1) The name of the course, seminar, or event;
(2) The location of the course, seminar, or
event;
(3) The sponsor or presenter of the course,
seminar or event;
(4) The address and telephone number of the
sponsor or presenter;
(5) A complete description of the course,
seminar, or event;
(6) The date(s) of the course, seminar, or event;
and
(7) The number of continuing education credits
being requested.
(j) The commissioner shall approve the proposed
continuing education course if the course:
(1) Is sponsored by any national, regional, or
state optical company, trade, or professional group; and
(2) Contributes to the advancement, extension, or
enhancement of the professional skills and the technical knowledge of
opticians.
(k) Continuing education requirements shall be
completed prior to the expiration date of the registration.
(l) Registrants shall maintain accurate records
of continuing education credits.
(m) Certificates and documents of evidence of
continuing education credits shall be retained by the registrant for a period
of 3 years.
(n) Original certificates and documents of
evidence of continuing education hours shall be subject to inspection by the
department upon request.
(o) Excess continuing education credits earned
throughout the registration period shall not be carried forward into the next
registration period.
Source. #7119, eff 10-16-99; ss by #7894, eff 5-21-03;
ss by #8593, eff 3-28-06; ss by #10453, eff 10-31-13
He-P
6002.06 Fees.
(a) The registration fees shall be as follows:
(1) The initial registration fee shall be $100;
and
(2) The renewal registration fee shall be $100.
(b) Registration fees shall be non-refundable
pursuant to RSA 327-A:7.
Source. #8593, eff 3-28-06;
ss by #10453, eff 10-31-13
PART
He-P 6003 COMPLAINTS, DISCIPLINARY ACTION,
REVOCATION, DENIAL
He-P
6003.01 Complaint Procedure.
(a) Any person may file a complaint against an
ophthalmic dispenser, or against a person who is practicing ophthalmic
dispensing without a registration.
(b) All complaints filed in accordance with (a)
above shall be in writing.
(c) The complainant shall include the following
in his or her complaint:
(1) The name of the ophthalmic dispenser or
unregistered person;
(2) The business address and telephone number of
the ophthalmic dispenser or unregistered person;
(3) The name and address of the complainant; and
(4) The specific facts or circumstances giving
rise to the complaint.
(d) Complaints received by the department which are
not in accordance with He-P 6003.01 (a) through (c) shall not be accepted.
(e) A copy of He-P 6003.01 (a) through (d) shall
be conspicuously posted, along with the following address and phone number, in
each ophthalmic dispensing office and store:
(603)
271-9480
Source. #6567, INTERIM, eff 8-22-97, EXPIRED:
12-20-97
New. #6728, eff 4-1-98; ss by #7119, eff 10-16-99;
ss by #7894, eff 5-21-03; ss by #8593, eff 3-28-06; ss by #10453, eff 10-31-13
He-P
6003.02 Complaint Investigation.
(a) Complaints alleging a violation of RSA 327-A
and/or He-P 6000 shall be investigated by the commissioner.
(b) If the complaint is accepted, the
commissioner shall contact and individually question the complainant and the
registrant, or unregistered person, about the complaint in an effort to
determine if the complaint can be substantiated.
(c) The registrant, or unregistered person, shall
cooperate with the department by providing the department with any information
requested by the commissioner relative to the complaint.
(d) Upon the completion of the investigation, the
commissioner shall make a determination based on information received during
the investigation as to whether the complaint is substantiated.
(e) Copies of the investigative findings shall be
sent to the complainant and the registrant, or unregistered person, indicating
whether the complaint is substantiated.
(f) Except in the case of violations which
warrant revocation pursuant to He-P 6003.03 (j) (1), if the complaint is
substantiated, the registrant shall submit to the commissioner and implement a
written plan of correction within 15 days of the receipt of the findings.
(g) A written plan of correction shall be
required if the registrant:
(1) Has failed to follow the order of a
prescription of an ophthalmologist or optometrist;
(2) Has made a material false statement or
concealed a material fact in connection with his or her application for
registration;
(3) Has used dishonest or misleading advertising;
or
(4) Has failed to comply with any other
provisions of He-P 6000 or RSA 327-A.
Source. #6567, INTERIM, eff 8-22-97, EXPIRED:
12-20-97
New. #6728, eff 4-1-98; ss by #7119, eff 10-16-99;
ss by #7894, eff 5-21-03; ss by #8593, eff 3-28-06; ss by #10453, eff 10-31-13
He-P
6003.03 Revocation, Denial, and
Disciplinary Action.
(a) Prior to an administrative action against an
applicant, registrant, or unregistered person such as denial, suspension or
revocation of registration, or the imposition of a fine, the department shall
send to the applicant, registrant, or unregistered person a written notice
which sets forth:
(1) The reason(s) for the proposed action;
(2) The action to be taken by the department; and
(3) The rights of the applicant, registrant, or
unregistered person to an adjudicative proceeding.
(b) Failure of the applicant, registrant, or
unregistered person to request a hearing within 30 days of receipt of the
notice shall result in the proposed action becoming final and immediately
imposed.
(c) If the applicant, registrant, or unregistered
person requests a hearing in writing within 30 days of receipt of the notice,
no action shall be imposed on the applicant, registrant, or unregistered person
pending the completion of an adjudicative process conducted in accordance with
RSA 541-A and He-C 200.
(d) The commissioner shall suspend a registration
in accordance with (a) through (c) above if the registrant:
(1) Fails to submit and implement a plan of correction
within 15 days pursuant to He-P 6003.02 (f) and (g);
(2) Fails to maintain a plan of correction;
(3) Does not cooperate with an investigation by
the commissioner to the extent required by these rules;
(4) Has given false information on his or her
renewal application relative to continuing education; or
(5) Fails to pay an administrative fine in
accordance with He-P 6003.04.
(e) If a registration is suspended in accordance
with (d) (1) above, and the registrant requests a hearing in accordance with
(c) above, the scope of the hearing shall be on the violations of He-P 6000 or
RSA 327-A that resulted in the requiring of a plan of correction.
(f) If the outcome of a hearing held in
accordance with (e) above is that the department did not have valid grounds to
order the submission and implementation of a plan of correction, then the
suspension shall not be imposed.
(g) If the outcome of a hearing held in
accordance with (e) above is that the department’s order requiring the
submission of corrective action is upheld, the suspension shall take effect
immediately and remain in effect until such time as the corrective action is
submitted and approved in accordance with (h) below.
(h) The length of suspension shall be until such
time as the registrant:
(1) Complies with the requirements for which the
suspension was issued; and
(2) Has paid all fines, if any, associated with
the suspension; or
(3) Has his/her registration revoked in
accordance with He-P 6003.03 (j) (2).
(i) Upon reinstatement of a suspended
registration, the applicant shall not be required to pay an additional
registration fee, and the expiration date shall be the expiration date of the
previously suspended registration.
(j) The commissioner shall revoke a registration
in accordance with (a) through (c) above if the registrant:
(1) Has been found guilty of fraud or fraudulent
practices in accordance with RSA 327-A:9, III; or
(2) Has failed to comply with any conditions for
the removal of a suspension within 90 days of the suspension taking effect.
(k) Upon suspension or revocation of a
registration, the registrant shall return his or her certificate of
registration in accordance with RSA 327-A:10.
(l) Pursuant to RSA 327-A:11, if a registration
is revoked or an application is denied, no such registration shall be issued to
such former registrant or applicant for at least 6 months from the date the
revocation or denial was deemed final.
(m) An ophthalmic dispenser whose registration
has been revoked or denied and who wishes to reapply for a registration in
accordance with (l) above shall reapply for an initial ophthalmic dispensing
registration in accordance with He-P 6002.01.
(n) In addition to (m) above, a registration
shall not be granted to any applicant until the applicant has complied with the
requirements for which the revocation or denial was issued, and has paid all
fines, if any, associated with the revocation or denial.
Source. #6567, INTERIM, eff 8-22-97, EXPIRED:
12-20-97
New. #6728, eff 4-1-98; ss by #7119, eff 10-16-99;
ss by #7894, eff 5-21-03; ss by #8593, eff 3-28-06; ss by #10453, eff 10-31-13
He-P 6003.04 Administrative Fines.
(a) When the commissioner has determined that a
violation or violations of RSA 327-A or He-P 6000 have occurred, the
commissioner shall impose an administrative fine of $250.00 for each offense in
accordance with RSA 327-A: 17.
(b) If the person, applicant or registrant who is
fined waives the right to a hearing and chooses to pay the imposed fine, the
fine shall be paid to and received by the department within 30 days of receipt
of the notice of fine.
(c) The fine payment shall be sent to the
commissioner.
(d) Administrative fines shall be imposed in
accordance with RSA 327-A:17 and He-P 6003.04 (a) for violations of RSA 327-A
or He-P 6000, including, but not limited to, the following:
(1) Submitting false or fraudulent information on
or with an application;
(2) Falsification of a registration to practice
ophthalmic dispensing;
(3) Practicing ophthalmic dispensing, including
the dispensing of
(4) Failure to submit a plan of correction in
accordance with He-P 6003.02 (f);
(5) Failure to implement and maintain a plan of
correction;
(6) Failure to cooperate during an investigation;
(7) Failure to display certificate of
registration in accordance with RSA 327-A:8; and
(8) Failure to display the complaint procedures
in accordance with He-P 6003.01 (e).
Source. #6567, INTERIM, eff 8-22-97, EXPIRED:
12-20-97
New. #6728, eff 4-1-98; ss by #7119, eff 10-16-99;
ss by #7894, eff 5-21-03; ss by #8593, eff 3-28-06; ss by #10453, eff 10-31-13
He-P
6003.05 Waivers.
(a) Applicants or registrants seeking waivers of
specific rules in this chapter shall submit a written request for waiver to the
commissioner which includes the following:
(1) Specific reference to the rule for which a
waiver is being sought;
(2) Full explanation of why a waiver is
necessary; and
(3) Full explanation of alternatives proposed by
the applicant or registrant, which shall be equally as protective of public
health as the rule from which a waiver is sought.
(b) The commissioner shall approve a request for
waiver if:
(1) The commissioner concludes that authorizing deviation
from strict compliance with the rule from which waiver is sought does not
contradict the intent of the rule;
(2) The alternative proposed by the applicant or
registrant ensures that the objective or intent of the rule from which waiver is
sought will be accomplished: and
(3) The alternative proposed by the applicant or
registrant does not violate any statutory provision.
(c) If a waiver is approved, the applicant’s or
registrant’s subsequent compliance with the alternatives approved in the waiver
shall be considered equivalent to complying with the rule from which waiver was
sought.
(d) No waiver shall be granted for a period to
exceed 2 years.
Source. #7894, eff 5-21-03; ss by #8593, eff 3-28-06;
ss by #10453, eff 10-31-13
\APPENDIX
RULE |
STATUTE |
He-P 6001 |
|
He-P 6002.01 |
RSA 327-A:2; RSA
327-A:3; RSA 327-A:5,I; RSA 327-A:6; RSA 327-A:7; RSA
327-A:9; RSA 327-A:12, I |
He-P 6002.01 (b)(4) |
RSA 161-B:11, VI-a |
He-P 6002.02 |
RSA 327-A:3; RSA
327-A:5, II; RSA 327-A:6; RSA 327-A:7; RSA 327-A:9; RSA
327-A:12, II |
He-P 6002.03 |
RSA 327-A:2; RSA
327-A:3 |
He-P 6002.04 |
RSA 327-A:14 |
He-P 6002.05 |
RSA 327-A:12, II; RSA
327-A:14 |
He-P 6002.06 |
RSA 327-A:6; RSA
327-A:7; RSA 327-A:12, III; RSA 327-A:14 |
He-P 6003.01 |
RSA 327-A:5:IV; RSA
327-A:12, VIII |
He-P 6003.02 |
RSA 327-A:5, IV; RSA
327-A:12, V and VIII |
He-P 6003.03 |
RSA 327-A:9; RSA
327-A:10; RSA 327-A:11, I; RSA 327-A:12, VII,
VIII, and X |
He-P 6003.04 |
RSA 327-A:12, VI; RSA
327-A:17 |
He-P 6003.05 |
RSA 327-A:12, XII |