N.J. Admin. Code § 13:38-2.11

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:38-2.11 - Delegation of duties to ancillary personnel

(a) As used in this section, the following words have the following meanings unless the context indicates otherwise:

1. "Ancillary personnel" means any natural person other than a licensed physician, optometrist, or ophthalmic dispenser or technician who is an employee of a New Jersey licensed optometrist and who performs patient care.

2. "Direct supervision" means the continuous physical presence of the optometrist who is in a supervisory status at the office location and who is available on-site for consultation, guidance, and instruction during the performance of any delegable procedures by ancillary personnel.

(b) An optometrist may delegate any procedure relating to minimum examination requirements as enumerated in 13:38-2.1 to ancillary personnel under his or her direct supervision.

(c) The supervising optometrist who delegates any procedure pursuant to (b) above shall:

1. Assume full responsibility for the performance of the delegated procedures by the ancillary personnel; and

2. Ensure that ancillary personnel have received the appropriate level of training necessary to satisfactorily complete the delegated procedures.

(d) An optometrist shall not delegate the following functions or duties to ancillary personnel:

1. Any procedure which must be performed by the optometrist as part of the minimum examination requirements pursuant to 13:38-2.1(a), subject to the restrictions as set forth in 13:38-2.1(b) through (d);

2. Inserting and removing contact lenses;

3. Determining the fit of contact lenses;

4. Determining the power of contact lenses (over refracting);

5. Determining the method of contact lens cleaning or sterilization;

6. Selecting lens materials (all types);

7. Selecting bifocal types;

8. Selecting tints (except for Rose #1); and

9. Final verification of all ophthalmic goods prior to their dispensing to the patient.

(e) The name of the supervising optometrist and the ancillary personnel shall be indicated on the patient record.

N.J. Admin. Code § 13:38-2.11

New Rule, R.1999 d.143, effective 5/3/1999.
See: 30 N.J.R. 1193(a), 31 N.J.R. 1201(a).