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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3644 SPONSOR: Morelle (MS)
TITLE OF BILL: An act to amend the education law, in relation to registering and oper- ating optical stores   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to place responsibility on optical estab- lishments, as well as the license for adhering to existing laws, rules, and regulations.   SUMMARY OF SPECIFIC PROVISIONS: The owners of retail optical companies operating establishments within the State of New York would be required to register each establishment with the State Education Department (SED); thereby making it possible to thoroughly enforce existing laws, rules and regulations. Currently, without registration, owners of optical establishments are not held accountable for license violations committed within their establish- ments. Professional service limited liability corporations are not subject to the application fee. This bill seeks to change that by providing for the registration, inspection, suspension and revocation of registration of optical establishments.   JUSTIFICATION: Currently law, rules and regulations do not apply to the professional conduct of owners of optical stores. Rather, they are concerned solely with licensed professionals employed in said optical establishments. This bill would extend responsibility to owners of optical establish- ments to adhere to the same professional conduct laws, rules and regu- lations as their licensed employees. It is imperative that both be accountable in order to ensure that residents of the State of New York receive the best eye care possible.   PRIOR LEGISLATIVE HISTORY: A.6810 of 2013: Referred to Higher Education   FISCAL IMPLICATIONS: The Division of Professional Discipline will have the authority to moni- tor establishments under this provision. The income generated from the registration fees and fines will be used to cover any expenses. Because professional Boards monitoring licensing activities are already in place and because the Division of Professional Discipline already has the field staff investigating the professionals employed at these facili- ties, there will be an excess of income over expenses.   EFFECTIVE DATE: This act shall take effect on the 180th day after it shall have become a law provided, however, that any rule or regulation necessary for the implementation of the foregoing section of the act on its effective date are authorized and directed to be made completed on or before such date.