Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Opticians (Registration) (Jersey) Law 1962: Zero Powered Contact Lenses - Proposed Amendment

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 17 October 2011 regarding:

Decision Reference:       MD-HSS-2011-0039

Decision Summary Title :

Proposed Amendment to Opticians (Registration) (Jersey) Law 1962

Date of Decision Summary:

11 October 2011

Decision Summary Author:

 

Medical Officer of Health

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Proposed Amendment of Opticians (Registration) (Jersey) Law 1962 – Restriction on  Sale of Plano Zero Powered (Cosmetic) Contact Lenses

Date of Written Report:

 

11 October 2011

Written Report Author:

Registration and Inspection Manager

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

 Proposal to amend the Opticians registration law to restrict the suppliers of zero powered contact lenses to registered medical and optical practitioners

Decision(s):

  • Amend the legislation in line with UK to reduce the risk of harm to public health 
  • Discuss with Law Drafting department the time commitment required for drafting

 Ministerial approval to request Law drafting time 

Reason(s) for Decision:

The current situation of unregulated and unregistered suppliers of zero powered cosmetic lenses presents a risk to the public.  These appliances can cause serious damage to the eye including corneal ulcers if they are not fitted and after care provided by a qualified professional.  If shared, there is potential for transmission of blood-borne virus infections such as HIV.

Resource Implications:  None

Action required:  Notification of decision approval to Dr Turnbull and discussion with Law Drafting Officer.

Signature:

 

Position:

Minister for Health and Social Services

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Opticians (Registration) (Jersey) Law 1962: Zero Powered Contact Lenses - Proposed Amendment

STATES OF JERSEY HEALTH AND SOCIAL SERVICES DEPARTMENT

Health Protection – Public Health Department

 

 

Proposed Amendment of Opticians (Registration) (Jersey) Law 1962

 

Restriction on Sale of Plano Zero Powered (Cosmetic) Contact Lenses

 

Report

 

 

 

  1. Background

 

1.1      The sale of ‘Plano’ zero powered cosmetic lenses by unregistered suppliers was brought to the attention of H&SSD by both Economic Development and Jersey Trading Standards in July/August 2011. It was reported that these lenses were on sale in joke shops and other non registered outlets on the island.  

1.2        This is a concern due to the risks of such appliances causing serious damage to the eye including corneal ulcers if they are not fitted and after care provided by a qualified professional.  Also, if shared, there is potential to transmit blood-borne virus infections including HIV.

1.3        In the UK supplying zero powered lenses by an unregistered supplier is a criminal offence.

 

  1. Statutory Framework

 

2.1    JERSEY

 

2.1.1      The sales of optical appliances are controlled under Article 13 of the Optician’s Registration (Jersey) Law 1962 whereby these can only be sold under the supervision of a registered medical practitioner or registered optician.

2.1.2      Optical appliances are defined in the Law as “an appliance designed to correct, remedy or relieve a defect of sight”

2.1.3      The only exemption to this restriction being the sale of “single vision lenses…..where the sale is wholly for the purpose of correcting, remedying or relieving the condition known as presbyopia” (ready readers).  This was an amendment to the Law in 2005.

2.1.4      Contact lenses are not specifically defined in the Jersey Law. As Plano Lenses are zero powered and are designed solely for cosmetic use these do not fall within the definition of an optical appliance.

 

 

2.2    UK LEGISLATION

 

2.2.1      The sales of optical appliances in the UK are controlled by the Opticians Act 1989

2.2.2      This Act was amended in 2005 to include under Article 27 (1) (b) a restriction whereby any optical appliance or “zero powered contact lens” can only be sold and fitted under the supervision of a registered medical practitioner, a registered optometrist or a registered dispensing optician.

2.2.3      The UK legislation also explicitly requires that the person supplying the contact lens also provide instructions and information about the ‘care, wearing, treatment, cleaning and maintenance of the lens’

 

  1. Options

 

3.1             Do nothing; this exposes members of the public to risks of developing serious eye conditions and infections including blood borne viruses.  This will also leave Jersey free to supply zero powered cosmetic lenses to other countries that have restrictions on their sale, such as the UK, and this may cause reputational damage to the island.

3.2             Include provisions within the Jersey Law to restrict the suppliers of zero powered cosmetic lenses to registered medical and optical practitioners in line with UK legislation.

 

  1. Recommendations

 

4.1             Amend the legislation in line with UK to reduce the risk of harm to public health 

4.2             Discuss with Law Drafting department the time commitment required for drafting

4.3             Ministerial approval to request Law drafting time 

 

 

Christine Blackwood

Registration and Inspection Manager

11 October 2011

 

1

 

Back to top
rating button