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foregoing regulations; or continuing the practice of ophthalmic dispensing with any such employer, firm or associate after the ophthalmic dispenser has received written notice from the Board or the Department of such conduct or advertising by the firm or associate

(f) Directly or indirectly participating in any manner in the division, assignment, rebate, splitting or refunding of service fees or cost of completed eyeglasses, or parts thereof, with a physician, optometrist or other person or persons.

2. Professional study and experience. The applicant shall meet the educational requirements of the Education Law. The requirement in professional study is graduation from a school of ophthalmic dispensing registered by the Department, or the completion of at least one year of satisfactory training and experience in ophthalmic dispensing under the supervision of an ophthalmic dispenser, physician or optometrist, or the equivalent as determined by the Commissioner. Every person who is employed by an ophthalmic dispenser, physician or optometrist with the intention of becoming an ophthalmic aispenser shall apply to the Department for a trainee permit prior to entry upon such training. Trainees shall complete at least 600 hours of supervised experience in the fitting and adjusting of ophthalmic lenses, 300 hours in the verification and interpretation of prescriptions and 300 hours in other aspects of the practice and theory of ophthalmic dispensing, including laboratory preparation. 3. Examination requirements

a. The ophthalmic dispensing examinations shall be held at such times and places as shall be determined by the Commissioner.

b. Applications shall be filed with the Department at least 30 days before the examination. The subjects of the examination shall be:

Mathematics and physics
Ophthalmic materials and laboratory
Ophthalmic opties

Ophthalmic dispensing
Practical examination

c. A candidate who passes the practical examination shall not be reexamined in that subject. (Paragraph c as amended October 28, 1955)

d. The passing mark in the practical ophthalmic dispensing examination shall be 75 per cent. The passing mark for the written examination shall be an average of 75 per cent. However, in order to determine this average no theoretical paper shall be accepted with a grade less than 65 per cent and only one paper with a grade less than 75 per cent.

e. Any false or misleading information in connection with any application may be cause for exclusion from the examinations on the ground of lack of good moral character. If the Department finds that the application is complete and that all the requirements of the statute and of the regulations have been met, it shall issue to the applicant an admission card which shall advise him of the time, date and place of the examination. When the candidate submits each examination paper he shall exhibit his admission card to the examiner. At the conclusion of the final examination the examiner shall retain the card.

f. Licensing examinations shall be conducted in accordance with the following procedure, and any candidate violating such procedure may be dismissed from the examination room or otherwise disciplined.

(1) No candidate shall enter the examination more than 45 minutes after the question papers have been distributed nor shall any candidate leave the examination until 45 minutes have elapsed.

(2) During the examination no candidate shall communicate with any other candidate in any way.

(3) A candidate shall not bring books or other help of any kind into the examination room unless directed to do so by the Department because of the character of the examination.

(4) After handing in his last paper in any examination each candidate shall make and subscribe to a statement to the effect that he has neither given nor received aid during the examination.

Rules OF THE STATE BOARD OF EXAMINERS IN OPTOMETRY 1. The officers of the board shall be a president and a vice president, each of whom shall be elected at the annual meeting of the board for a term of one year.

The president shall perform the usual duties of such office and shall appoint a question committee of two members whose duty it shall be to edit the question papers for each examination.

The secretary shall perform the usual duties of such office and, after each examination, shall submit to the Department a written report of the ratings of the answer papers written therein.

2. Meetings of the board shall be held at such times and places as the board shall determine, except that the annual meeting shall be held in Albany in October.

3. Each member of the board shall submit to the Department prior to each examination a question paper on the examination subject that the board has assigned to him. Such question paper shall contain a minimum of 15 questions.

4. Answer papers submitted to a member of the board for rating should be rated at the rate of at least 20 papers a day.

5. When a member of the board has completed the rating of the answer papers submitted to him he shall prepare a report of the ratings in duplicate, sending one copy to the Department and the other copy to the secretary of the board.

6. A candidate whose rejected paper in any written subject receives a rating of 60 per cent or over may have a review of the rating of said paper. The review shall be made in such a manner as the board shall determine. No such review shall be granted more than 60 days after the report on the examination has been sent out by the Department.

7. An answer paper bearing the candidate's name or any other designation which would or could reveal the candidate's identity must be forwarded without rating to the secretary of the board. The secretary shall thereupon send such paper for rating to one of the other members of the board, making sure that no evidence of the candidate's identity remains thereon.

8. The scope of the subjects of the examination shall be as follows:

(a) Geometric optics. The examination includes the laws of reflection and refraction, as applied to mirrors, prisms, lenses and optical instruments; also elementary problems in diffraction, interference, light propagation and polarization, usually described in the chapter on light in modern textbooks of physics and in standard treatises on light.

(b) Practical optics (written and practical). The examination is confined to the construction, mounting and adjustment of ophthalmic lenses and prisms.

(c) Physiological optics. The examination covers specifically the philosophy of the dioptric functions of the eye, its anomalies, and their correction by lenses, also psychology of vision, color vision, stereopsis and projection.

(d) Theoretical optometry. The examination includes the explanation of the various principles, methods and instruments used to detect and measure anomalies of the eye in general.

(e) Practical optometry (written and practical).
(1) The development of an adequate case history
(2) External examination of the human eye

(3) The employment of accepted tests and procedures including the use of the requisite devices and instruments to detect ocular pathology, ocular manifestations of physical conditions and the charting of form and color fields, the blind spot and scotomata

(4) The application of the usual subjective and objective tests together with the use of those ophthalmic instruments commonly employed to investigate the various refractive, functional and anomalous states of the visual apparatus.

(5) The ability to prescribe and apply corrective devices, give a prognosis and instruct patients regarding the care of the eyes

(f) Anatomy, physiology and pathology of the eye. The examination includes the embryology, anatomy, physiology and histology of the eye and its pathologic conditions.

9. (a) The practical examination shall be held at such times and places as shall be determined by the Commissioner upon the recommendation of the board.

(b) The examination shall be conducted by all members of the board in person, except that in case any member of the board is unable to be present, the Commissioner shall select an examination assistant to take the place of the absent member. Such examination assistant shall be a licensed and registered optometrist in good standing.

(c) The subjects of the practical examination shall be
(1) Practical optometry
(2) Practical optics

Not less than 40 minutes shall be allowed each candidate for each subject. Each candidate shall bring to the examination in practical optometry a complete trial case including trial frame, muscle testing devices, such as Maddox rod and prisms, self luminous retinoscope and ophthalmoscope. To the examination in practical optics he shall bring his kit of shop tools and a metal frame of the size and dimensions that will fit him.

(d) Each member of the board shall keep a written record and rating for each candidate whom he examines. The rating shall be "satisfactory” or “not satisfactory but subject to reconsideration” or “unsatisfactory.

(e) When all of the candidates shall have been examined, the board shall meet and consider the ratings that each candidate has been given. Any candidate who has been given a rating of “not satisfactory but subject to reconsideration” in either subject may be recalled at once for reexamination in that subject in case the board deems such action advisable. A majority vote of the board will then determine the candidate's final rating in that subject. No candidate shall be thus reexamined in a subject in which he has been given an “unsatisfactory” rating. When all such reexaminations have been concluded the board shall determine the final rating for each candidate.

(1) When the ratings are complete, the secretary of the board shall sign and transmit to the Department, as the official report of the practical examination, the record and ratings for each candidate.

(g) No candidate shall be considered as having passed the practical examination unless and until he receives a rating of "satisfactory” on each subject of the practical examination. A candidate who receives an “unsatisfactory” rating on either subject of the practical examination shall be reexamined only on the subject in which the “unsatisfactory” rating has been received.

(h) A candidate who has passed the practical examination and who has failed to pass the written examination shall not be required to repeat the practical examination.

(1) Any candidate in the practical examination who gives or attempts to give assistance to any other candidate, who receives or attempts to receive assistance from any other candidate or who attempts to obtain a satisfactory rating in any other fraudulent manner, shall be immediately dismissed from the examination, his practical examination record shall be cancelled and he shall be subject to such other discipline in regard to the entire licensing examination, both written and practical, as the Commissioner shall determine.

BIENNIAL REGISTRATION The law requires every practicing optometrist in this State to register biennially with the State Education Department. Applications for such registration are mailed by the Department before the first day of April to every registered optometrist in the State. The application must then be filled out and returned to the Department with the registration fee of $6. Certificates of registration bear the date of July 1 of the year of issue and expire on the 30th day of June in the second year following. While the Department endeavors to reach every registered optometrist with an application card, these cards sometimes go astray. The optometrist must keep the registration date in mind and communicate with the Department in case his application card fails to reach him. The Education Law (section 7106) provides for payment of additional fees for delay in registering or omission to register. Failure to receive an application card is not an excuse for delay or default in registration.

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Reprinted from


Volume 11, Part 2

Copyright 1962



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