THE LAW OF THE OPTICIANS
The number of the law : 5193
Date :22.6.2004
PART ONE
Article :1
The aim,the contents and the definitions
The aim:
The aim of this law is to protect the individual and the public health; therefore,the act also intends to regulate the process and the particulars of using “optician” title ,and carrying out the optical works professionally; moreover,it proposes the procedures of a foundation of the optical job and its functional state.
Article:2 The contents
This act contains persons who have the authorization of working as opticians and the performers of the shop;besides,it explains how an optician’s operates,and the whole activities on this subject.
Article:3
Some definitions in this subject are:
“Ministry “ refers to the ministry of health.
“Optician”is a person who was graduated from a higher scool/college that provides for at least two years Professional education in optical field.
“Certificate/licence”is a document which is given by the ministry of health and, accordingly,it shows that the person may works as an oprician.
“The permit of opening an optical shop” is an official paper given by the highest local health authorities so that one may open an optical place.
“Responsive manager” means an optician that is responsible for making certain that the shop runs properly.
PART TWO
The fullfilment of the opticians’occupation
Article:4
Those people, who were graduated from a higher scool /college that extends for at least two years occupational education in optical field and if they have an optician certificate, enable to act as professional optician so as to sell lenses with dioptries,spectacles frames and all sorts of prescribed lenses: in the meantime, they can fıt the lenses into the frames.
If someone who cocerns with getting optician title and acting in the field with a licence /certificate acquired from an aducational instıtutıon abroad may open a place on condition that his / her education must be equal to the circumstances mentioned in the first article ; however, the competent authorities decides on the matter.
The doctors
Article:5
A doctor ,who is an expert on illness of eye,may open an optical place but he/she is not allowed to do his/her own job during the period of optical business.
Article:6 The optician in practice
The opticians may sell goggles,sunglases and prescribed lenses which are made of glass with dioptries;also,they sell spectacles frames and the instruments which are in connection with the vision.
The following are bans on doing by the opticians
- The sale of lenses with dioptries without prescribtion,
- Given and /or recommending them to the patients,
- Doing all sorts of medical exemination and/or testing of eyes and the vision by using all types of instruments that are used in this field including the autorefroctometer,keratometer and computer alike,
- To keep the devices,mention above,in their shop.
On the other, they can only use the necessary tools in which they need in order to examine ,to check and to repair the lenses ; besides,they also conveniently install the lenses into the spectacles frames.
However,they may not act another job in their optical place as long as they keep on doing their own work.
The shop can not be used as a doctor’s consulting room ;in addition, all kinds of activities cocerning contact lenses are forbidden.
PART THREE
The optical shop
Article:7 1- An optical place can be opened and run both an individual and/or some companies such as Collctive inc. ,Ltd.corp.,and Ordinary Ltd.partnership
2- Whom it may cocern in opening an optical shop,he/she has to get a permit from the highest local authorities.
The responsive manager
Article:8
*Whoever opens an optician’s has to employ a responsive manager who has the title of optician
* A permit of opening a shop is valid for only one place.
* In case a person ,mentioned in the seventh article, demands to open more optician’s than one ;then, it is compulsory to take the permit and to employ a responsive manager for each places separetely;hence, a responsive manager may be employed only one shop.
*
Article:9
1- The existance of an optician in where he/she is employed is absolitely necessary.
2-An optical place can not be shared between the optician and a doctor ;besides,their shop/room may not connect each other wıth a door or any pssage even if they are taxed separetely; meantime,it is not allowed to open a shop amongest the main body of a health institution or in a bulding of it.
Article:10
In the following situations if an owner of the shop ,who continues woking, is:
a-elected as a deputy or mayor,or leaves for the military service,
b-kept in custody or punished with imprisonment,
c-ill or another important obstacles which lasts more than one month,
d- a deptor and his/her property might be distrained for a while.
Then,at the end of the cessation they return their own optical job on conditin that
they apply to the authorities to whom they apply before,and employ a resposive manager.
In case of the death of the responsive manager the inheritors of the owner have to
employ another one within two months
The title of optician
Article:11
An optician,who has an optical place,may use the optician title only.To use any other
ranks is not allowed;moreover,advertising untruthfully is forbidden
PART FOUR
The record and the inspection
Article :12
The record:
To keep a register book ,whose pages stambed with a seal one by one by the highest local health authorities, is compulsory ;accordingly,recording the name of the patients with the
number and the date of their prescriptions orderly is important and necessary for the shop.
The inspection
Article:13
The establishments are subject to the ministry and the highest local authorities ;therefore,they have to facilitate what the inspectors demand such as givin information ,
Showing the register-book and inspection-book;in addition to them,the number and the
date of their permit must be written on their invoices.
PART FIVE
Article:14
Those who work as opticians under false pretences fined thirty billion Liras,and
their work place are closed.
Article:15
In case of breaking the prohibition,written in the eleventh article,by an optician;then,
the offender fined fifteen billion Liras.
On the other hand, the punishment of breaking the sixth article is five billion Liras
besides,they are not allowed to work for three months
Breaking the second section of the artical seventh and the first section of the nineth
during the first inspection ,then the offenders fined for five billion Liras.If it has understood
that they repeat the mistake twice during the second inspection.
Furthermore,they are fined for five billion Liras in case the second section of the nineth
article,and the article 8,10,12 and 13 are broken.
Moreover,their punishment becomes twofold if they break the article 6,7,8,9,10,11,12,
And 13 twice.
The owner of the optician’s is liable for the administrative fines.
The punishments pointed out above are given by the highest local authorities.They are
notified the persons in question in accordance with the valid laws; however, the offenders
are able to take them to the administrative court within seven days so as to object them.the
law suit is brought to an end in a possible short time because it is examined on the documents
if there is no any necessity.
The fines,given in accordance with this act,are collected based on “The law of the proces
of collecting public’s payment” with the number 6183 and dated 21.7.1953.
PART SIX
Article:16 The temporary and the last articles
In the following subjets will be arranged with a regulation that is issued by the ministry
whithin six months .They are as follows:
How to an optical place open;what are the necessary circumtances that it has to,
How to an optician advertise and notice,
The record,the registration and the other necessary things.
Artıcle:17
“The law of the spectacles sellers” dated 30.12.1940 and numbered 3958 is invalid.
Temporary article: 1
“The spectacles sellers”,who have been woking according to the law in question
before the validity of this act ,have the rights of doing their optical job;however,their condition must be suitable for the third article of this act.They undertake the same resposibilities but they are not allowed to use the title of “optician”.
Temporary article:2
“The spectacles sellers”,mentioned in the temporary article 1, have been working
on both optical job and pharmacy or watch seller in the same shop;accordingly,their rights
are reserved even if they move to another place.
Temporary article:3
The persons,who have been working in optical field from 21.11.1993 untill the begining of the validity of this act, may have the optician certificate on condition that they
get the following circumtances:
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