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Following is a question by the Dr Hon Joseph Lee and a written reply by the Secretary for Food and Health, Dr York Chow, in the Legislative Council today (October 20):
Question:
It is a legal requirement that only registered optometrists holding valid practising certificates and persons exempted under the Optometrists (Registration and Disciplinary procedure) Regulation (Cap. 359, sub.leg.F) (qualified persons) may practise the profession of optometrist. However, some members of the profession have relayed to me that at present, a number of optometrists in Hong Kong who are not qualified persons still prescribe and fit glasses or contact lenses for customers, which poses risks to the optical health of the public. In this connection, will the Government inform this Council:
(a) whether the authorities have information on the number of cases of optometrists who were not qualified persons being prosecuted for practising the profession of optometrist in the past five years; if so, of the details, including the penalties imposed; if not, the reasons for that;
(b) whether it has reviewed in the past three years if the existing penalties are too lenient and insufficient to combat the aforesaid illegal practice; whether the authorities will consider increasing the penalties or imposing severe punishment on those employers who employ optometrists who are not qualified persons to practise the profession of optometrist, so as to enhance the deterrent effect; if they will, of the details; if not, the reasons for that;
(c) of other approaches adopted by the authorities at present to combat the aforesaid illegal practice; whether additional measures will be implemented to prevent such practice; if so, of the details; if not, the reasons for that; and
(d) given that some members of the profession have pointed out that at present, the public have little knowledge of distinguishing whether or not an optometrist is a qualified person while relevant information available is also inadequate, whether the authorities will enhance publicity and education or adopt other approaches to assist the public in knowing without difficulty whether or not an optometrist is a qualified person; if they will, of the details; if not, the reasons for that?
Reply:
President,
The registration system for optometrists was put in place in 1994 under the Supplementary Medical Professions Ordinance (Cap 359) (the Ordinance) and its subsidiary legislation, the Optometrists (Registration and Disciplinary Procedure) Regulation (the Regulation). The Optometrists Board (the Board) is an independent statutory organisation set up under the Ordinance and the Regulation mainly to carry out registration for people who practise the profession of optometrist and to exercise regulation over their professional conduct.
Section 21 of the Ordinance stipulates that any person who practises any of the five supplementary medical professions, i.e. optometrist, medical laboratory technologist, occupational therapist, radiographer and physiotherapist, must be registered.
My reply to various parts of the question is as follows:
(a) The figures on prosecutions and convictions for contravention of section 21 of the Ordinance, i.e. practising the five types of supplementary medical professions (including Optometrists) without being registered, over the past five years are shown in Annex 1 and 2.
(b)&(c) Section 21 of the Ordinance provides that any person who practises the profession of optometrist in Hong Kong must be registered with the Board. Any person who practises the profession of optometrist without being registered or employs an unregistered person to practise the profession commits an offence and is liable on conviction to a fine of $5,000 and to imprisonment for six months. Currently, the Administration has no plans to increase the penalties. Upon receipt of reports referred by the Board or made by members of the public about suspected cases of practice of the profession of optometrist by persons who are not registered optometrists, the Police will conduct investigation. Offenders will be prosecuted accordingly.
(d) All registered optometrists are required under section 18(1) of the Ordinance to keep displayed in a conspicuous position in any premises in which they practise the profession of optometrist their certificate of registration, or a certified copy of such certificate issued under section 14(3) of the Ordinance for identification by the public.
Moreover, to enable members of the public to view the list of registered optometrists, the Board has made it available on its website (www.smp-council.org.hk/op/english/index_reg.htm). The public is also welcome to contact the Secretariat of the Board by phone on 2527 8363 for any inquiry, or visit the Central Registration Office under the Department of Health in person on 17th Floor, Wu Chung House, 213 Queen's Road East, Wan Chai, Hong Kong for inspection of the list of registered optometrists.
Ends/Wednesday, October 20, 2010
Issued at HKT 15:57
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