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
1.1 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.
- 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’
- 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.
- 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