2008 O - 07 - REGULATING THE OPERATION OF OPTICAL CLINICS IN OLONGAPO CITY FOR THE PURPOSE OF PREVENTING ILLEGAL PRACTICE OF OPTOMETRY

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON FEBRUARY 06, 2008 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - - - - - City Vice-Mayor & Presiding Officer Hon. Gina Gulanes-Perez - - - - - - - - - - - - - - - - City Councilor
Hon. John Carlos G. Delos Reyes - - - - - - - - - - - - “ “
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - - “ “
Hon. Sarah Lugerna Lipumano-Garcia- - - - - - - - - “ “
Hon. Edwin J. Piano - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Angelito W. Baloy - - - - - - - - - - - - - - - - - - “ “
Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Cheenee F. Hoya - - - - - - - - - - - - - - - - - - - - SK Federation President

ABSENT:

None.


WHEREAS, the Government recognizes the essential role of optometry as a profession in safeguarding and enhancing the health and general physical well-being of the citizenry;

WHEREAS, there is a proliferation of optical clinics in Olongapo City manned by untrained and unlicensed persons necessitating a need to regulate their operation to protect the health of the public;

WHEREAS, some unscrupulous businessmen, oftentimes posing as “Health Maintenance Organizations” (HMO) groups, are illegally engaged in the practice of Optometry by conducting Barangay-based activities and house to house refraction and thereafter sell eyeglasses;

WHEREAS, these untrained and unlicensed persons oftentimes make erroneous diagnosis and treatment that can be very harmful to unsuspecting citizens and cause irreversible damage to their eyes and hard-earned money;

NOW, THEREFORE, on motion of Councilor Angelito W. Baloy, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:


ORDINANCE NO. 07
(Series of 2008)

AN ORDINANCE REGULATING THE OPERATION OF OPTICAL CLINICS IN OLONGAPO CITY FOR THE PURPOSE OF PREVENTING ILLEGAL PRACTICE OF OPTOMETRY, PROVIDING PENALTY FOR VIOLATION THEREOF


BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1. DEFINITION OF TERMS

1.1 OPTOMETRY. The science and art of examining the human eye, analyzing the ocular functions, prescribing and dispensing ophthalmic lenses, prisms, contact lenses and their accessories and solution, low vision aids and similar appliances and devices, conducting ocular exercise, vision training, orthoptics, installing prosthetics, using authorized Diagnostic Pharmaceutical Agents (DPA), and other preventive or corrective measures or procedures for the aid, correction, rehabilitation or relief of the human eye, or to attain maximum vision and comfort.

1.2 OPTOMETRIST. A person who has been certified by the Board of Optometry and registered with the Professional Regulation Commission (PRC) as being qualified to practice Optometry in the Philippines.

1.3 OPTOMETRIST IN GOOD STANDING. A registered optometrist who is authorized to practice the profession in the Philippines by virtue of a valid Certificate of Registration and valid Professional License issued by the PRC for the purpose.

1.4 CERTIFICATE OF REGISTRATION. A document signed by the Commissioner of the PRC and all the members of the Board of Optometry and bearing its seal, issued to an applicant who has satisfied the requirements for the practice of Optometry.

1.5 PROFESSIONAL LICENSE. A renewable card, issued by the PRC to a registered Optometrist, indicating that he/she is competent and authorized to practice Optometry in the Philippines. Until the loss of its validity or its expiration, such license shall serve as evidence that its bearer is an Optometrist in good standing.

1.6 CODE OF ETHICS. A set of standards relating to the conduct, integrity and moral duties of optometrists, as prescribed by the duly integrated accredited National Organization of Optometrists and adopted and promulgated by the Board of Optometry upon approval by the PRC.

SECTION 2. ACTS THAT CONSTITUTE THE PRACTICE OF OPTOMETRY

2.1 The examination of the human eye through the employment of subjective procedures, including the use of specific topical Diagnostic Pharmaceutical Agents or drugs and instruments, tools, equipment, implements, visual aids, apparatuses, machines, ocular exercises and related devices, for the purpose of determining the condition and acuity of human vision and to correct and improve the same.

2.2 The prescription and dispensing of ophthalmic lenses, prisms, contact lenses and their accessories and solutions, frames and their accessories and supplies for the purpose of correcting and treating defects, deficiencies and abnormalities of vision.

2.3 The conduct of ocular exercises and vision training, the provision of orthoptics and other devices and procedures to aid and correct the abnormalities of human vision and installation of orthoptic devices.

2.4 The counseling of patients in clinics and similar places where optometric services are offered.

2.5 The establishment of offices, clinics and similar places where optometric services are offered.

2.6 The collection of professional fees for the performance of any acts aforementioned.

SECTION 3. PROHIBITION AGAINST THE UNAUTHORIZED PRACTICE OF OPTOMETRY

No person shall practice Optometry as defined in Section 3 of Republic Act No. 8050 nor perform any of the acts constituting the practice of Optometry as set forth in Section 1 hereof, without having been first admitted to the practice of this profession under provisions of the said Act and its Implementing Rules and Regulations:

Provided, that this prohibition shall not apply to regularly licensed and duly registered physicians who have received post-graduate training in the diagnosis and treatment of eye diseases:

Provided, however, that the examination of the human eye by duly registered physicians in connection with the physical examination of the patients shall not be considered as practice of Optometry:

Provided further, that the public health worker trained and involved in the government’s blindness prevention program conducts only visual acuity tests and visual screenings.

SECTION 4. Any person who is not a qualified and licensed optometrist and performs any of the acts enumerated in Section 2 shall be punished in accordance with the penalties provided herein.

SECTION 5. Any optometric service done outside the licensed optometrist’s optical clinic is hereby prohibited unless a proper and valid permit or clearance is issued by the barangay where the optometric services will be rendered. Otherwise, any house-to-house or structure-to-structure practice of optometry is punishable under section 7 of this ordinance unless such practice is authorized by a proper and valid barangay permit or clearance.

SECTION 6. The Barangay Captain is hereby allowed to issue a proper and valid permit or clearance for house-to-house or structure-to-structure practice of optometry only when the applicant submits the following requirements:

6.1 Letter of Request made by a group of persons, community associations civic and religious organizations, business establishments or companies and other entities, associations or organizations that require optical services by a licensed Optometrist.

6.2 Endorsement Letter coming from the Local Optometric Society of the Optometric Association of the Philippines.

SECTION 7. All prohibited acts as embodied in Republic Act No. 8050 otherwise known as an act regulating the practice of optometry, upgrading optometric education, integrating optometrists and for other purposes, and its implementing rules and regulations shall be part of this ordinance and shall be subjected to the penalties provided herein.

SECTION 8. PENALTIES

Anyone who violates this ordinance shall be punished with imprisonment of not less than One (1) month but not more than One (1) year, or a fine of not less than One Thousand Pesos (Php1,000.00) but not more than Five Thousand Pesos (Php5,000.00), or both, at the discretion of the court.

In addition, the administrative penalties specified in Section 26 of Republic Act No. 8050 shall be imposed whenever possible.

If the violation is committed by an association, partnership, corporation or any other institution, the managing officers and other persons responsible for its commission shall be liable for the penalties provided for in this ordinance.

SECTION 9. ENFORCING AUTHORITIES

The Barangay Officials shall assist the Local Police Authorities in enforcing the provisions of this ordinance and shall record the violation and confiscation in their logbook. Thereafter, the apprehending Barangay Officials shall immediately turn over the offender and the proceeds of the violations to the nearest police station for the filing of the case in court in accordance with the applicable law which is Republic Act No. 8050.

SECTION 10. SEPARABILITY CLAUSE

If any part, section, or provision of this ordinance is held invalid or unconstitutional, other provisions not affected thereby shall remain in full force and effect.

SECTION 11. REPEALING CLAUSE

All ordinances, resolutions or local executive orders or rules and regulations contrary to or inconsistent with the provisions of this ordinance are hereby repealed, amended or modified accordingly.

SECTION 12. EFFECTIVITY CLAUSE

This ordinance shall take effect after its publication in a newspaper of general circulation in Olongapo City.

APPROVED UNANIMOUSLY, February 6, 2008.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor

RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor


EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor


AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor


ELENA C. DABU CARLITO A. BALOY
City Councilor President, Liga ng mga Barangay


CHEENEE F. HOYA
SK Federation President


ATTEST:

ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor