*OPTICAL ACT 1991

This Act shall come into force on such date as the Minister may appoint by notification in the Gazette, and the Minister may—

the Director General who shall be the Chairman;

the Deputy Director General who shall be the Deputy

Chairman;

two ophthalmologists resident in Malaysia, one of whom shall be from the public sector, to be appointed by the

Minister;

two registered optometrists resident in Malaysia to be elected by registered optometrists resident in Malaysia;

two registered opticians resident in Malaysia to be elected by registered opticians resident in Malaysia;

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one representative from any higher educational institution offering a course or programme in optometry, to be appointed by the Minister.

Notwithstanding subsection (1), the first Council shall consist of the following members:

If the Chairman is unable to exercise his functions under this

Act or any regulations made under this Act due to illness, absence from

Malaysia or any other cause, his functions shall be exercised by the

Deputy Chairman.

Without prejudice to subsection (3), the Chairman may delegate any of his functions to the Deputy Chairman who, in exercising such functions, shall be subject to the control, supervision and direction of the Chairman.

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Tenure of office

The Minister shall, in appointing the members referred to in paragraphs 4(2)(c), (d) and (e), ensure that the term of office of one of the members to be appointed under each of such paragraphs expires one year earlier than the term of office of the other member appointed under the same paragraph.

Where the office of a member becomes vacant before the expiration of his term of office, the person appointed or elected to fill the vacancy shall hold office for the unexpired portion of the term of office of the member whose office has become vacant.

Remuneration

A member of the Council is entitled to reimbursement for any expenses reasonably incurred by him in the performance of his duties or functions under this Act.

Citizenship

if his appointment is terminated;

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if he becomes an undischarged bankrupt;

if he is certified to be of unsound mind;

if he has been convicted by a court in Malaysia or elsewhere of any offence involving fraud, dishonesty or moral turpitude, or of any offence punishable with imprisonment

(whether in itself only or in addition to or in lieu of a fine)

for more than two years;

if he resigns his office in writing addressed to the Chairman and the resignation is accepted by the Chairman;

if he is absent without leave of the Council for three consecutive meetings of the Council; or

if he ceases to be an ophthalmologist, a registered optician or a registered optometrist.

Meetings of the Council

The Minister may, by notice in writing to each member, direct that a meeting be held at the time and place specified in the notice.

The Council shall meet at least once in six months.

Procedure at meetings

If the Chairman is absent from any meeting of the Council, the

Deputy Chairman shall preside and if both are absent, the members

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present at the meeting shall elect one of themselves to preside at that meeting.

The Chairman or the Deputy Chairman, when he is presiding at a meeting, shall have a casting vote.

At a meeting of the Council, five members constitute a quorum.

All questions before a meeting of the Council shall be decided by a simple majority of the members present and voting.

Subject to this Act, the procedure of the Council shall be as the

Council determines.

Committees

The Council may delegate any of its functions under this Act, other than this power of delegation, to any committee appointed from amongst members of the Council.

A delegation under subsection (2) is revocable by the Council and shall not prevent the Council from carrying out any of its functions under this Act.

Public Authorities Protection Act 1948

The Director General shall be the Registrar.

The Minister may appoint a public officer, who need not be a member of the Council, to be the Deputy Registrar.

The Registrar may delegate any of his functions under this Act or any regulations made under this Act to the Deputy Registrar who, in exercising such functions, shall be subject to the control, supervision and direction of the Registrar.

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Register

a Register of opticians;

a Register of optometrists.

Without prejudice to subsection (1), the Registers may contain such particulars as may be determined by the Council.

The Registrar shall be responsible for the maintenance and custody of the Registers in accordance with the provisions of this Act and the regulations made under this Act.

The Registers shall be deemed to be public documents within the meaning of the Evidence Act 1950 [Act 56].

A certificate under the hand of the Registrar that any person—

The Council may authorize the registration of any person as an optician if he satisfies the Council that he is not less than eighteen years of age, is a fit and proper person to be registered as an optician and—

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The Council may, subject to such conditions or restrictions as the Council may impose, allow a person—

Where the Council is satisfied that a person who is provisionally registered under subsection (3)—

The Council may authorize the registration of any person as an optometrist if he satisfies the Council that he is not less than eighteen years of age, is a fit and proper person to be registered as an optometrist and holds a qualification which is not specified in the Second Schedule but is deemed suitable by the Minister, after consulting the Council, for purposes of registration.

Mode of registration

Registration under this Act shall be effected by entering in the

Register the applicant’s particulars as prescribed upon payment of the prescribed fee.

Every entry in the Register shall be signed by the Chairman.

Where a person is registered under this Act, the Council shall cause to be issued to him a certificate of registration under the hand of the Chairman.

This section shall apply to an application for provisional registration under subsection 18(3) and to the provisional registration itself.

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Council’s disciplinary jurisdiction

The Council may exercise disciplinary jurisdiction over any registered person—

order the name of the registered person to be removed from the Register;

order the name of the registered person to be suspended from the Register for such period as it may think fit;

make any of the above orders but suspend the application thereof, subject to such conditions as it may think fit for a period or periods not exceeding two years; or

order the registered person to be reprimanded.

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The Council may, in any case, make such order as it deems fit with regard to the payment of the costs of the Registrar and of any complainant or of the registered person.

Any costs awarded under subsection (2) may be recovered as a civil debt.

Inquiry

The registered person against whom any complaint is made may be represented by a counsel or any person authorized by the registered person in writing.

In conducting the inquiry, the Council shall not be bound by the provisions of the Evidence Act 1950 or by any legal procedure but may conduct the inquiry in a manner it deems fit.

The Council may appoint a counsel to assist it.

The Council may suspend temporarily the registration of the registered person pending the decision of the Council or the disposal of any appeal.

Surrender of certificate of registration

Any person who fails to comply with subsection (1) commits an offence.

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Appeals

The Appeal Board may, in any case, make such order as it deems fit with regard to the payment of costs, and any costs awarded may be recovered as a civil debt.

Notwithstanding subsection (1), the Appeal Board shall not have power to hear an appeal against an order made under section 22

unless notice of the appeal is given within one month of the service of the order.

The Council shall give effect to any decision made by the

Appeal Board.

The decision of the Appeal Board shall be final.

For the purposes of this section, there shall be established an

Appeal Board consisting of—

A member of the Appeal Board shall, unless he sooner resigns his office or his appointment is revoked, hold office for such term as may be specified in the instrument appointing him and shall be eligible for reappointment.

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Subject to this Act and the regulations made under this Act, the procedure of the Appeal Board shall be as the Board determines.

Removal of name by reason of physical or mental infirmity

For the purpose of satisfying itself that any registered person is incapable, by reason of physical or mental infirmity, of carrying out his duties as an optician or optometrist, the Council shall appoint a

Medical Review Board which shall consist of not less than three medical practitioners to inquire into each case and to make such recommendation as the Board deems proper.

Sections 24 and 25 shall apply to any person whose name has been ordered to be removed from the Register under this section.

Alterations to the Registers

is deceased;

is no longer practising as an optician or optometrist in

Malaysia; or

is admitted to or confined in any mental hospital under any law, the Council shall cause his name and all particulars relating to him to be removed from the appropriate Register.

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Restoration of name in Register

The Council may in its discretion, upon application made to it, order that the names of the applicant be restored in the Register.

A person who is aggrieved by a decision of the Council under subsection (2) may appeal to the Minister whose decision shall be final and conclusive.

Notwithstanding subsection (1) but subject to section 30, no person shall prescribe or dispense contact lenses unless he is a registered optometrist.

Subsections (1) and (2) shall not apply to a medical practitioner.

Any person who contravenes this section commits an offence.

Council may permit opticians to prescribe and dispense contact lenses

who has been prescribing and dispensing contact lenses for a period of three years or more immediately prior to the date of coming into force of this Act; or

who has been prescribing and dispensing contact lenses for a period of less than three years immediately prior to the date of coming into force of this Act and, subject to subsection (2), has passed, within a period of six years from the date of coming into force of this Act, such examination as may be set by the Council, permit him to continue prescribing and dispensing contact lenses.

No person shall be allowed to sit for the examination referred to in paragraph (1)(b) unless he has completed, within one year of the date of coming into force of this Act, a training course approved by the

Council and has been engaged in the practice of prescribing and dispensing contact lenses for a period which shall not be less than the difference between a period of three years and the period during which he has been prescribing and dispensing contact lenses immediately prior to the date of coming into force of this Act.

Notwithstanding subsection 29(2) and solely for the purposes of paragraph (1)(b), a registered optician referred to in that paragraph may continue to prescribe and dispense contact lenses for a period not exceeding six years from the date of coming into force of this Act.

Notwithstanding subsection 29(2) and subsection (1) of this section, the Council may, on the application of a registered optician and upon being satisfied that the applicant has received proper training, and is competent, in the prescribing and dispensing of contact lenses, permit him to prescribe and dispense contact lenses.

The Council may, before giving its permission under subsection (4), require the applicant to pass such examination as may be set by the Council.

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The permission referred to in subsections (1) and (4) shall be given in writing in such form as the Council may determine.

Prohibition against the use of drugs to measure powers of vision

Notwithstanding subsection (1)—

Upon receipt of the application and payment mentioned in subsection (1), the Registrar shall issue to the applicant an annual practising certificate authorizing the applicant to practise as an optician or optometrist during the year for which the certificate is issued.

Subject to subsection (4), a certificate issued under subsection (2) shall be in force until 31 December of the year for which the certificate is issued.

A registered person who fails to apply for an annual practising certificate in the manner and within the period laid down in

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subsection (1) may, upon making an application in such form and on payment of such additional fee as may be prescribed, be granted an annual practising certificate for the following year, if the application is made during the month of December of any year, or for the remainder of the year, if the application is made on or after 1 January of any year.

Notwithstanding anything to the contrary in this Act, a registered person may practise as an optician or optometrist without an annual practising certificate up to 31 December of the year in which he is first registered as an optician or optometrist and, for the purpose of this Act and any regulations made under this Act, he shall be deemed to have an annual practising certificate for that period.

An annual practising certificate and an application for an annual practising certificate shall contain the address of the principal place of practice and all other places of practice of the applicant, and any change in any such address shall be notified by the registered person to the Registrar and an endorsement of such change on the annual practising certificate shall be obtained from the Registrar within thirty days of such change.

Any person who fails to notify the Registrar, as required under subsection (6), of any change of address commits an offence.

A certificate under the hand of the Registrar that any person—

practises as an optician or optometrist without a valid annual practising certificate;

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is in partnership with a person who practises as an optician or optometrist without a valid annual practising certificate;

or

employs a person who practises as an optician or optometrist without a valid annual practising certificate, commits an offence and shall not be entitled to recover any fee, reward, disbursement or cost incurred during the time when he or any other person mentioned in paragraphs (b) and (c) does not have an annual practising certificate.

wilfully and falsely takes or uses the name or title of

“optician” or “optometrist”;

wilfully and falsely pretends to be a registered person;

wilfully and falsely pretends to be qualified to practise optometry;

wilfully and falsely takes or uses any name, title, addition or description implying that he is a registered

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person or that he is recognized by law as an optician or optometrist;

wilfully and falsely takes or uses any name, title, addition or description, or uses any instrument, calculated to induce any person to believe that he is qualified to practise optometry;

uses the term “optician” or “optometrist” or the equivalent of either of these terms in any other language on the signboard over his place of practice in purported practice of optometry; or

holds himself out, by advertisement or otherwise, as being qualified or authorized to practise optometry.

A person or a firm commits an offence if in the course of a business carried on by the person or firm—

A person who commits an offence under this section shall be liable on conviction to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Optical appliances

Subsection (1) shall not apply to the sale of an optical appliance—

Any person who contravenes subsection (1) commits an offence.

On any prosecution for selling an optical appliance in contravention of subsection (1), it shall be a defence for the defendant to prove that he sold the appliance as an antique and that he did not know and had no reason to believe that the appliance was bought for the purpose of being used to correct, remedy or relieve a defect of sight.

General penalty

in respect of a first offence, to a fine not exceeding one thousand ringgit;

in respect of a second or subsequent offence, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.

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In the case of a continuing offence, a person convicted under this Act shall be liable to a further fine of fifty ringgit for each day the offence continues after conviction in addition to the penalties provided for under paragraphs (1)(a) and (b).

Power to enter premises and examine and seize documents, etc.

may examine any documents, apparatus or article stored or used in connection with the practice;

where a person is practising optometry without being registered under this Act, may seize any documents, apparatus or articles stored or used in connection with the practice; and

may require that such information relating to the practice as the authorized person may specify be provided to him.

Any person who—

Where an authorized person seize any documents, apparatus or articles, he shall give a signed receipt for the documents, apparatus or articles.

Any person exercising powers under this section shall produce his letter of authorization on demand.

Conduct of prosecution

Where a partnership commits an offence under this Act, every partner shall, unless he proves that the offence is committed without his knowledge, be guilty of that offence.

Power of Minister to amend Schedules

In particular and without prejudice to the generality of subsection (1), such regulations may prescribe any or all of the following: