O-7 - Optometry Act

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chapter O-7
Optometry Act
OPTOMETRISTSDecember 31 1977
The Minister of Justice is responsible for the application of this Act. Order in Council 919-2019 dated 4 September 2019, (2019) 151 G.O. 2 (French), 3975.
DIVISION I
DEFINITIONS
1. In this Act and the regulations made thereunder, unless the context indicates a different meaning, the following terms mean:
(a)  Order : the Ordre des optométristes du Québec constituted by this Act;
(b)  board of directors : the board of directors of the Order;
(c)  optometrist or member of the Order : any person entered on the roll;
(d)  (paragraph repealed);
(e)  (paragraph repealed);
(f)  institution : an institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or an institution within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5);
(g)  roll : the list of members in good standing of the Order prepared in accordance with the Professional Code (chapter C-26) and this Act;
(h)  ophthalmic lens : any spherical, cylindrical or prismatic lens to aid vision.
1973, c. 52, s. 1; 1974, c. 65, s. 87; 1977, c. 5, s. 229; 1992, c. 21, s. 194; 1994, c. 40, s. 414; 1994, c. 23, s. 23; 2008, c. 11, s. 212.
DIVISION II
THE ORDRE DES OPTOMÉTRISTES DU QUÉBEC
2. All the optometrists qualified to practise optometry in Québec constitute a professional order called the “Ordre professionnel des optométristes du Québec” or the “Ordre des optométristes du Québec”.
1973, c. 52, s. 2; 1977, c. 5, s. 229; 1994, c. 40, s. 415.
3. Subject to the provisions of this Act, the Order and its members shall be governed by the Professional Code (chapter C-26).
1973, c. 52, s. 3.
4. The head office of the Order shall be at Montréal or at any other place in Québec determined by regulation of the board of directors adopted pursuant to paragraph f of section 93 of the Professional Code (chapter C-26).
1973, c. 52, s. 4; 1994, c. 40, s. 416; 2008, c. 11, s. 212.
5. Every proceeding directed against the Order must be served upon the secretary or one of his assistants at the head office of the Order.
1973, c. 52, s. 5.
DIVISION III
THE BOARD OF DIRECTORS
2008, c. 11, s. 212.
6. The Order shall be governed by a board of directors constituted in accordance with the Professional Code (chapter C-26).
1973, c. 52, s. 6; 2008, c. 11, s. 212.
7. In addition to the duties provided in the Professional Code (chapter C-26), the board of directors shall:
(a)  advise the Minister of Health and Social Services on the quality of optometry services furnished in the centres operated by the institutions and on the standards required to improve such quality;
(b)  (paragraph repealed);
(c)  (paragraph repealed).
1973, c. 52, s. 7; 1985, c. 23, s. 24; 1992, c. 21, s. 195, s. 375; 1994, c. 40, s. 417; 2008, c. 11, s. 207, s. 212.
8. In the performance of the duties assigned to it by paragraph a of section 7, the board of directors may have inquiries made into the quality of optometry services provided in the centres operated by the institutions and may constitute a committee of inquiry for that purpose.
1973, c. 52, s. 8; 1992, c. 21, s. 196, s. 375; 2008, c. 11, s. 212.
9. It is forbidden to hinder in any way a member of a committee of inquiry constituted under section 8 in the performance of his duties, to mislead him by concealment or false declarations or refuse to provide him with any information or document relating to an inquiry which he holds under this Act.
Every person who contravenes this section is guilty of an offence and liable to the penalties provided in section 188 of the Professional Code (chapter C-26).
1973, c. 52, s. 9.
10. In addition to the duties provided in sections 87 to 93 of the Professional Code (chapter C-26), the board of directors shall by regulation:
(a)  determine among the acts contemplated by section 16 those which, under certain prescribed conditions, may be performed by classes of persons other than optometrists;
(b)  (subparagraph repealed);
(c)  establish standards for the form and content of oral and written optometrist’s prescriptions.
The board of directors shall, before making a regulation under subparagraph a of the first paragraph, consult the Office des professions du Québec and the professional orders to which the persons contemplated by such regulation belong or, if there are no such orders, the representatives bodies of such classes of persons.
Sections 95.2 and 95.3 of the Professional Code apply to the regulation adopted pursuant to subparagraph c of the first paragraph.
1973, c. 52, s. 10; 1974, c. 65, s. 109; 1994, c. 40, s. 418; 2000, c. 13, s. 79; 2008, c. 11, s. 212.
11. (Repealed).
1973, c. 52, s. 11; 1974, c. 65, s. 109; 1989, c. 28, s. 1; 1994, c. 40, s. 419.
12. (Repealed).
1973, c. 52, s. 12; 1983, c. 54, s. 59; 1994, c. 40, s. 419.
13. (Repealed).
1973, c. 52, s. 13; 1994, c. 40, s. 419.
14. The board of directors shall not sell or hypothecate any property without the approval and concurrence of a general meeting of the members of the Order called for that purpose.
1973, c. 52, s. 14; 2008, c. 11, s. 212.
15. (Repealed).
1973, c. 52, s. 15; 1994, c. 40, s. 419.
DIVISION IV
PRACTICE OF OPTOMETRY
16. The practice of optometry is an act which, except the use of medication, deals with vision and is related to examination or functional analysis of the eyes and assessment of visual disorders, as well as orthoptics, prescription, fitting, adjustment, sale and replacement of ophthalmic lenses.
1973, c. 52, s. 16.
17. The optometrist may in the practice of his profession give advice to prevent visual disorders and promote better vision.
1973, c. 52, s. 17.
18. (Repealed).
1973, c. 52, s. 18; 1994, c. 40, s. 419.
19. (Repealed).
1973, c. 52, s. 19; 1994, c. 40, s. 419.
19.1. Notwithstanding section 16, an optometrist may administer a medication for the sole purpose of examining the eyes of a patient, if the following conditions are met:
(1)  the optometrist holds the permit referred to in the first paragraph of section 19.2;
(2)  the medication is mentioned in the list established by regulation under the first paragraph of section 19.4;
(3)  the optometrist complies with the terms and conditions fixed in the regulation, where such is the case.
1992, c. 12, s. 1; 2000, c. 13, s. 80.
19.1.1. Notwithstanding section 16, an optometrist may also administer and prescribe medication to a patient for therapeutic purposes and provide eye care to the patient if the following conditions are met:
(1)  the optometrist holds the permit referred to in the second paragraph of section 19.2;
(2)  the medication or care provided is mentioned in the regulation made under the second paragraph of section 19.4;
(3)  the optometrist acts in the cases and complies with the terms and conditions provided in the regulation, where such is the case.
2000, c. 13, s. 81.
19.2. The board of directors shall, by regulation, fix the standards for the issue and holding of a permit authorizing an optometrist to administer medication to his patients in accordance with section 19.1.
The board of directors shall also, by regulation, fix the standards for the issue and holding of a permit authorizing an optometrist to administer and prescribe medication to a patient for therapeutic purposes and to provide eye care to the patient in accordance with section 19.1.1.
1992, c. 12, s. 1; 1994, c. 40, s. 420; 2000, c. 13, s. 82; 2008, c. 11, s. 212.
19.3. To obtain the permit referred to in section 19.2, an optometrist must make an application therefor to the board of directors. The board of directors shall issue the permit if the optometrist meets the standards fixed by regulation.
The permit may be suspended or revoked in conformity with those standards.
1992, c. 12, s. 1; 2008, c. 11, s. 212.
19.4. The Office des professions du Québec shall prepare periodically, by regulation, after consultation with the Institut national d’excellence en santé et en services sociaux, the Ordre des optométristes du Québec, the Ordre des médecins du Québec and the Ordre des pharmaciens du Québec, a list of the medications that may be administered by an optometrist in accordance with section 19.1, and determine, if expedient, the terms and conditions according to which such medications may be administered by an optometrist.
The Office des professions du Québec shall also determine periodically, by regulation, after consultation with the Institut national d’excellence en santé et en services sociaux, the Ordre des optométristes du Québec, the Ordre des médecins du Québec and the Ordre des pharmaciens du Québec, the medications that may be administered and prescribed for therapeutic purposes by an optometrist and the eye care that may be provided by an optometrist in accordance with section 19.1.1, and determine, if expedient, the cases in which and the terms and conditions according to which such medications may be administered or prescribed or such care may be provided by an optometrist.
1992, c. 12, s. 1; 2000, c. 13, s. 83; 2002, c. 27, s. 41; 2010, c. 15, s. 72.
20. An optometrist is forbidden to have any direct or indirect interest in an undertaking for the manufacture or sale of ophthalmic lenses, eyeglass frames, medications or other products pertaining to the exercise of optometry. If an interest in such an undertaking devolves to him by succession or otherwise, he must dispose of it immediately.
1973, c. 52, s. 20; 2009, c. 35, s. 65.
21. No optometrist may keep more than one office unless each office is under the control or management of an optometrist.
1973, c. 52, s. 21; 1974, c. 65, s. 88.
22. Every office contemplated in section 21 must be an office of a permanent nature, open on specific days.
1973, c. 52, s. 22.
23. No person may practise optometry under a name other than his own.
Nevertheless, optometrists shall be allowed to practise their profession under the name of one or two or more of the partners.
1973, c. 52, s. 23.
24. An optometrist shall not designate himself, regarding his profession, as other than an optometrist.
He shall not assume the title of specialist nor indicate a specialty or special training. However, notwithstanding section 58.1 of the Professional Code (chapter C‐26), every optometrist who is a member of the Ordre des optométristes du Québec on 12 July 2000 may add the title of doctor in optometry to his name.
1973, c. 52, s. 24; 2000, c. 13, s. 84.
DIVISION V
ILLEGAL PRACTICE OF OPTOMETRY
25. Subject to the rights and privileges expressly granted by law to other professionals, no person shall do an act described in section 16 unless he is an optometrist.
The first paragraph does not apply to acts done by a person belonging to a class of persons contemplated in a regulation adopted pursuant to subparagraph a of the first paragraph of section 10, provided he does them under the conditions prescribed in the regulation.
In addition, the first paragraph does not apply to acts done by a person in accordance with the provisions of a regulation adopted pursuant to paragraph h of section 94 of the Professional Code (chapter C-26).
Nothing in this section shall prevent a person from selling ready-to-wear reading glasses having single vision spherical lenses only, of identical power in both lenses of between + 0.50 and + 3.25 dioptres.
Nothing in this section shall prevent a person who, on 1 July 1974, was a member in good standing of the Association des orthoptistes du Québec from exercising orthoptics under the supervision of a physician or optometrist.
Nothing in this section shall prevent:
(a)  a retailer who, before 1 December 1971, operated an optical department whose administration was entrusted to an optometrist, as long as such retailer continues to operate such optical department by entrusting its administration to an optometrist or a dispensing optician acting upon the prescription of a physician or optometrist;
(b)  a person who, before 1 December 1971, did such acts in a local municipal territory in which or within a radius of 40 km of which there was no optometrist or dispensing optician, as long as there is no optometrist or dispensing optician in that territory or within a radius of 40 km of that territory;
(c)  a natural person who, before 1 April 1961, was engaged in the occupation of fitting contact lenses and who fits such lenses under the supervision of a physician or optometrist,
from selling, supplying, adjusting or replacing an ophthalmic lens.
1973, c. 52, s. 25; 1974, c. 65, s. 89; 1984, c. 47, s. 213; 1994, c. 40, s. 421; 1996, c. 2, s. 747; 1999, c. 40, s. 200; 2000, c. 13, s. 85.
26. Every person who contravenes section 25 is liable, for each offence, to the penalties provided in section 188 of the Professional Code (chapter C-26).
1973, c. 52, s. 26.
DIVISION VI
FINAL PROVISIONS
27. Notwithstanding section 20, optometrists who on 1 November 1972 had an interest in an ophthalmic lens manufacturing or sales business may keep such interest.
1973, c. 52, s. 35.
28. (This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 52 of the statutes of 1973, in force on 31 December 1977, is repealed, except sections 27 to 34 and 37, effective from the coming into force of chapter O-7 of the Revised Statutes.