Optometrists Registration Amendment Act 2000 (TAS)

Optometrists Registration Amendment Act 2000

An Act to amend the Optometrists Registration Act 1994

[Royal Assent 28 April 2000]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Optometrists Registration Amendment Act 2000 . 2CommencementThis Act commences on the day on which the Poisons Amendment (Optometrists) Act 2000 commences. 3Principal ActIn this Act, the Optometrists Registration Act 1994 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by inserting the following definition after the definition of approved : approved authorisation course of study means – (a) an undergraduate or postgraduate course of study that is – (i) approved by the Council of Optometrical Registration Authorities; and (ii) at an institution accredited by that Council for the purposes of section 19 ; and (b) a course of study that the Council of Optometrical Registration Authorities determines to be equivalent to or better than a course of study referred to in paragraph (a) ; (b) by inserting the following definition after the definition of chairperson : class 1 substance has the same meaning as in section 38 of the Poisons Act 1971 ; 5Part 3, Division 3A insertedAfter section 29 of the Principal Act , the following Division is inserted in Part 3: Division 3AAuthorisations to administer, supply and prescribe class 1 substances 29AWho may apply A person may apply to the Board for authorisation to administer and supply, or to administer, supply and prescribe, class 1 substances if he or she – (a) is a registered optometrist; or (b) has made an application to be registered as an optometrist; or (c) has satisfactorily completed an approved authorisation course of study. 29BApplication requirements (1)  An application is to be – (a) in a form approved by the Board; and (b) lodged with the Registrar; and (c) accompanied by the prescribed application fee; and (d) accompanied by such information and evidence as the Board requires. (2)  The Board may require an applicant to provide such further information or evidence as it considers necessary in order to consider the application. (3)  The Board may waive the payment of all or part of the prescribed application fee. 29CGrant or refusal of authorisation (1)  If the Board is satisfied that an applicant for an authorisation has satisfactorily completed an approved authorisation course of study, the Board must grant the authorisation. (2)  An authorisation may be granted unconditionally or subject to conditions. (3)  If the Board is not satisfied that an applicant for an authorisation has satisfactorily completed an approved authorisation course of study, the Board must refuse to grant the authorisation. (4)  If the applicant was not a registered optometrist at the time of making the application for an authorisation, the Board may not determine whether to grant or refuse to grant the authorisation until it has determined that the applicant is to be registered as an optometrist. (5)  After determining whether or not to grant an authorisation, the Board must give notice to the applicant of – (a) the grant of the authorisation, any conditions to which the authorisation is subject and the right of the applicant to appeal under section 54(1) in respect of any of those conditions; or (b) the refusal to grant the authorisation, the reasons for that refusal and the right of the applicant to appeal under section 54(1) in respect of that refusal. 29DEntry in register On granting an authorisation, the Board must enter the details of the authorisation in the register. 29ECertificate of authorisation (1)  The Board must issue a certificate of authorisation to a person who is granted an authorisation. (2)  A certificate of authorisation is to – (a) be in the form and contain the information determined by the Board; and (b) specify any conditions to which the authorisation is subject. (3)  A certificate of authorisation is evidence that the person named in the certificate is entitled to administer and supply class 1 substances, or to administer, supply and prescribe class 1 substances, as is stated in the certificate. (4)  If the Board is satisfied that a certificate of authorisation has been lost or destroyed, it may issue a replacement certificate, marked as such, on payment of the prescribed fee. (5)  The Board, by notice, may require a registered optometrist to surrender his or her certificate of authorisation to enable the Board to issue that optometrist with a new certificate of authorisation with amended particulars. (6)  A registered optometrist who is given a notice under subsection (5) must surrender his or her certificate of authorisation to the Board within 14 days after receiving the notice or within such longer period as the Board may allow.

Penalty:  Fine not exceeding 15 penalty units.

29FAuthority of authorisation (1)  An authorisation to administer and supply class 1 substances authorises the person named in the certificate of authorisation to administer and supply, subject to the Poisons Act 1971 and any conditions specified in the certificate, class 1 substances. (2)  An authorisation to prescribe class 1 substances authorises the person named in the certificate of authorisation to administer, supply and prescribe, subject to the Poisons Act 1971 and any conditions specified in the certificate, class 1 substances. 29GReview of authorisation conditions (1)  A person may, at intervals of not less than 12 months, apply to the Board for a review of a condition to which the person’s authorisation is subject. (2)  An application is to be – (a) in a form approved by the Board; and (b) lodged with the Registrar; and (c) accompanied by the prescribed application fee; and (d) accompanied by such information and evidence as the Board requires. (3)  The Board may require an applicant to provide such further information or evidence as it considers necessary in order to consider the application. (4)  The Board may waive the payment of all or part of the prescribed application fee. (5)  A person’s right under subsection (1) is in addition to that person’s right of appeal under section 54(1) . (6)  The Board on its own motion may at any time review a condition to which an authorisation is subject. 29HOffences in relation to certificates of authorisation An optometrist who holds a certificate of authorisation must not – (a) lend or agree to lend that certificate to another person; or (b) allow that certificate to be used by another person.

Penalty:  Fine not exceeding 25 penalty units.

6Section 30 amended (Register) Section 30(3) of the Principal Act is amended as follows: (a) by inserting the following paragraphs after paragraph (c) : (ca) the details of any authorisation granted to a person, including any conditions to which the authorisation is, or has been made, subject; (cb) the suspension of a person’s authorisation; (b) by inserting the following paragraph after paragraph (d) : (da) the removal from the register of a person’s authorisation; 7Section 34 amended (Publication of register, &c.) Section 34(1) of the Principal Act is amended as follows: (a) by inserting the following paragraph after paragraph (b) : (ba) a notice of the grant of an authorisation to any person including any condition to which the authorisation has been made subject; or (b) by inserting the following paragraph after paragraph (c) : (ca) a notice of the removal from the register of an authorisation; or (c) by omitting from paragraph (e) "registration" and substituting "registration, or the authorisation,". 8Section 37 amended (Removal from register) Section 37 of the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (1) : (1A)  Subject to subsection (2)  – (a) the Board may remove from the register an entry in respect of an authorisation if the holder of the authorisation – (i) contravenes a condition to which the authorisation is subject; or (ii) fails to pay, within the time specified for payment, a fine imposed on him or her under section 47 (1) (c) ; or (iii) fails to comply with a requirement made under section 47 (1) (e) ; or (iv) fails to honour an undertaking given to the Board; and (b) the Board must remove from the register an entry in respect of an authorisation if the holder of the authorisation – (i) dies; or (ii) requests the Board to remove that entry from the register; or (iii) ceases to be a registered optometrist; or (iv) is no longer entitled to be the holder of such an authorisation; or (v) had an authority under a foreign optometrical law to administer, supply or prescribe a substance which is a class 1 substance and that authority has been cancelled for a reason relating to the person’s professional conduct or physical or mental capacity; or (vi) has been granted the authorisation by reason of a false or misleading statement or declaration. (b) by inserting in subsection (2) “or remove an entry in respect of a person’s authorisation under subsection (1A)(a) or subsection (1A)(b)(iv) , (v) or (vi) " after " (vii) "; (c) by inserting in subsection (3) “or removes an entry in respect of a person’s authorisation” after "register"; (d) by inserting in subsection (4)(a) "or subsection (1A)(b)(ii) " after " (ii) "; (e) by inserting in subsection (4)(b) "or subsection (1A)(b)(ii) " after " (iii) "; (f) by omitting subsection (5) and substituting the following subsections: (5)  A notice under subsection (3) in respect of the removal of a person’s name from the register is to be served personally on the person and, on the service of the notice – (a) that person ceases to be a registered optometrist; and (b) if that person was the holder of an authorisation, that person ceases to be the holder of the authorisation. (5A)  A notice under subsection (3) in respect of the removal of an entry in respect of a person’s authorisation is to be served personally on the person and, on the service of the notice, that person ceases to be the holder of such an authority. (g) by inserting in subsection (6) “or removes an entry in respect of a person’s authorisation” after "register"; (h) by inserting in subsection (6) "or for such an authorisation" after "registration". 9Section 38 substituted Section 38 of the Principal Act is repealed and the following section is substituted: 38Surrender of certificate (1)  A person who is given notice that his or her name has been removed from the register must surrender his or her certificate of registration to the Board within 7 days after receiving the notice or within such longer period as the Board may allow.

Penalty:  Fine not exceeding 15 penalty units.

(2)  A person who is given notice that an entry in respect of his or her authorisation has been removed from the register must surrender his or her certificate of authorisation to the Board within 7 days after receiving the notice or within such longer period as the Board may allow.

Penalty:  Fine not exceeding 15 penalty units.

10Section 40 amended (Evidentiary provisions) Section 40(2) of the Principal Act is amended as follows: (a) by omitting from paragraph (d) "certificate." and substituting "certificate;"; (b) by inserting the following paragraphs after paragraph (d) : (e) the person specified in the certificate was or was not authorised to administer, supply or prescribe class 1 substances on a date or during a period specified in the certificate; (f) the authorisation of a person was subject to a condition specified in the certificate; (g) the authorisation of a person was suspended on a date or during a period specified in the certificate; (h) an entry in respect of an authorisation of a person was removed from the register on a date or for a period specified in the certificate. 11Section 42 amended (Specific matters in respect of which complaints may be made) Section 42 of the Principal Act is amended as follows: (a) by inserting in subsection (1)(a) "or has been granted an authorisation" after "registered"; (b) by inserting in subsection (1)(b) "or granted an authorisation" after "registered"; (c) by inserting in subsection (1)(c) "or to hold an authorisation" after "registered"; (d) by inserting the following paragraph after paragraph (c) in subsection (2) : (ca) contravenes a condition to which an authorisation is subject; or (e) by omitting from subsection (2)(g) "optometry;" and substituting "optometry, including the administration, supply or prescribing of a class 1 substance;"; (f) by omitting from subsection (2)(h) "optometry." and substituting "optometry, including the administration, supply or prescribing of a class 1 substance.". 12Section 47 amended (Actions that may be taken by the Board) Section 47 of the Principal Act is amended as follows: (a) by inserting the following paragraphs after paragraph (b) in subsection (1) : (ba) remove an entry in respect of the defendant’s authorisation from the register; (bb) suspend the defendant’s authorisation for a period not exceeding 12 months; (b) by inserting the following paragraph after paragraph (d) in subsection (1) : (da) impose on the defendant’s authorisation a condition to which the authorisation is subject; (c) by omitting from subsection (2) " subsection (1) (a) " and substituting " subsection (1)(a) or (ba) "; (d) by omitting from subsection (5) " subsection (1) (a) , (b) , (c) , (d) , (e) or (f) ," and substituting " subsection (1) (other than action under subsection (1)(g) ),". 13Section 49 amended (Notice of decision) Section 49(3) of the Principal Act is amended by omitting " section 47 (1) (a) , (b) , (c) , (d) , (e) or (f) " and substituting " section 47(1) (other than under section 47(1)(g) )". 14Section 50 amended (Suspension of registration) Section 50 of the Principal Act is amended as follows: (a) by omitting subsection (5) and substituting the following subsection: (5)  A notice under subsection (4) is to be served personally on the person whose registration is suspended and, on the service of the notice – (a) the person ceases to be a registered optometrist until the period of suspension specified in the notice expires or the suspension is set aside by the Supreme Court under Part 5 or by the Board under section 51 ; and (b) any authorisation held by the person is also suspended until the period of suspension of the registration specified in the notice expires or the suspension of the registration is set aside by the Supreme Court under Part 5 or by the Board under section 51 . (b) by inserting in subsection (6) "and any certificate of authorisation held by him or her" after "of registration". 15Section 50A insertedAfter section 50 of the Principal Act , the following section is inserted in Division 4: 50ASuspension of authorisation (1)  The Board may suspend a registered optometrist’s authorisation for such period not exceeding 12 months as the Board in the circumstances considers necessary or appropriate if – (a) the optometrist contravenes a condition to which the authorisation is subject; or (b) the optometrist’s authority to administer, supply or prescribe any class 1 substance under a foreign optometrical law has been suspended for a reason relating to the optometrist’s professional conduct or physical or mental capacity; or (c) the optometrist fails to pay, within the time specified for payment, a fine imposed under section 47 (1) (c) ; or (d) the optometrist fails to comply with a requirement made of that optometrist under section 47 (1) (e) ; or (e) the optometrist fails to honour an undertaking given to the Board; or (f) the Board reasonably considers it necessary for the purposes of investigating a complaint made against the optometrist or investigating on its own motion a matter that could be the subject of a complaint against the optometrist; or (g) the Board reasonably considers that it is in the public interest to suspend the authorisation. (2)  The power of the Board to suspend an optometrist’s authorisation under this section is in addition to the power of the Board to suspend that authorisation under section 47(1)(bb) . (3)  If the Board decides to suspend an optometrist’s authorisation under this section it may afford the optometrist an opportunity to be heard but it is not required to do so. (4)  If the Board decides to suspend an optometrist’s authorisation under this section it must make an appropriate note of the suspension and the reasons for the suspension in the register and give the optometrist notice of – (a) the suspension and the reasons for the suspension; and (b) the optometrist’s right of appeal. (5)  A notice under subsection (4) is to be served personally on the person whose authorisation is suspended and, on the service of the notice, the person ceases to hold an authorisation until the period of suspension specified in the notice expires or the suspension is set aside by the Supreme Court under Part 5 or by the Board under section 51 . (6)  An optometrist whose authorisation has been suspended must, if directed in writing to do so by the Board, return his or her certificate of authorisation to the Board within 7 days after receiving that direction or within such longer period as the Board may allow.

Penalty:  Fine not exceeding 15 penalty units.

16Section 51 amended (Revocation of suspension) Section 51 of the Principal Act is amended by inserting "or authorisation under section 50A " after " section 50 ". 17Section 53 amended (Inspections) Section 53 of the Principal Act is amended as follows: (a) by inserting the following paragraph after paragraph (c) in subsection (1) : (ca) that there may be grounds for removing from the register an entry in respect of an optometrist’s authorisation or for suspending that authorisation; or (b) by omitting from subsection (1)(d) "optometry –" and substituting "optometry or to administer, supply or prescribe class 1 substances –"; (c) by inserting the following paragraph after paragraph (i) in subsection (2) : (ia) require a person who has been granted an authorisation or who claims to have been granted an authorisation to produce the certificate of authorisation; (d) by inserting the following subsection after subsection (2) : (2A)  For the purposes of conducting an investigation under subsection (1) , on production of his or her authorization an inspector may at any reasonable time enter the business premises of a pharmacist and do any or all of the following: (a) require the person apparently in charge of the premises to produce for inspection any prescription, or copy of a prescription, held at the premises and issued or purportedly issued by an optometrist who holds an authorisation to prescribe class 1 substances; (b) inspect and take notes of or extracts from any such document; (c) make a copy of any such document; (d) ask questions of and require answers from persons on the premises; (e) remove, on furnishing a receipt, any such document to the custody and control of the Board for as long as the Board considers necessary or expedient. (e) by inserting in subsection (3) "or pharmacist" after "registered optometrist"; (f) by inserting in subsection (3) “or pharmacist’s” after “optometrist’s”; (g) by inserting in subsection (3) "or subsection (2A)(e) " after " (k) "; (h) by inserting in subsection (3)(a) "or pharmacist" after "optometrist"; (i) by inserting in subsection (3)(b) "or pharmacist" after "optometrist"; (j) by inserting in subsection (3)(c) "or pharmacist" after "optometrist". 18Section 54 amended (Right of appeal) Section 54(1) of the Principal Act is amended by omitting paragraph (h) and substituting the following paragraphs: (h) the refusal of the Board to grant to the person an authorisation; (i) a condition to which a person’s authorisation is subject; (j) the removal from the register of an entry in respect of the person’s authorisation; (k) the suspension of a person’s authorisation under section 50A ; (l) a decision of the Board under section 47 in respect of that person. 19Section 66 repealed Section 66 of the Principal Act is repealed. 20Section 69 amended (Offences of dishonesty) Section 69 of the Principal Act is amended as follows: (a) by inserting in subsection (2) "or a certificate of authorisation" after "interim certificate of registration"; (b) by omitting from subsection (3) "for registration" and substituting "or training for registration or authorisation". 21Section 79 amended (No right of recovery by unregistered person, &c.) Section 79 of the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (1) : (1A)  A registered optometrist is not entitled to recover a fee or other remuneration for the administration or supply of, or the provision of a prescription for, a class 1 substance unless he or she held an authorisation, as the case requires. (b) by inserting the following subsection after subsection (2) : (2A)  A body corporate that provides optometrical services is not entitled to recover a fee or other remuneration for the administration or supply of, or for the provision of a prescription for, a class 1 substance unless the class 1 substance was administered, supplied or prescribed by the holder of an appropriate authorisation. 22Schedule 5 amended (Savings and Transitional Provisions) Schedule 5 to the Principal Act is amended by inserting after clause 9 the following clause: 10.   Approved authorisation course of study (1)Until the Council of Optometrical Registration Authorities has approved a course of study for the purposes of the definition of "approved authorisation course of study" in section 3(1) , a person is eligible to apply under section 29A if the person – (a) meets the requirements of section 29A(a) and (b) ; and (b) has satisfactorily completed a course of study that the Board considers is likely to be so approved or determined for the purposes of that definition. (2)For the purposes of section 29C(1) and (3) , if the Board is satisfied that an applicant has satisfactorily completed a course of study referred to in subclause (1)(b) the applicant is taken to have satisfactorily completed an approved authorisation course of study to the satisfaction of the Board.

[Second reading presentation speech made in:

House of Assembly on 1 DECEMBER 1999

Legislative Council on 6 DECEMBER 1999]