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CONNECTICUT OPTICIANS ASSOCIATION

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WHERE OPTICAL GOODS MAY BE SOLD-NEW LAW EFFECTIVE OCT 1 (May 24, 2022)

IN REVIEW: 

In January 2021, the COA became aware of a proposal that Warby Parker had hoped to present to the Public Health Committee of the State legislature. Having, “found it challenging to find licensed opticians to staff our two stores” Warby Parker was seeking a change to the educational and training requirements for licensing. They also hoped to create a two-tier license, separating eyewear from contact lenses, the latter becoming an optional license. Members of the COA Legislative Committee met several times with company representatives and lobbyists of Warby Parker during the legislative session. The 2021 legislative session ended in June without a formal proposal being presented to the Public Health Committee. See: COA NEWS

LEGISLATION 2022: 

In mid-December, 2021, lobbyists from Warby-Parker contacted the COA inviting us to meet with their clients and members of the Public Health Committee to continue the discussion on their previous year’s proposal. Members of the COA Board of Directors and our lobbyists from Capitol Consulting, LLC, met with Rep. Johnathan Steinberg (D-136, Westport) who was serving as House Chair of the Legislature’s Public Health Committee. Reluctantly, after several meetings, along with other interested parties, SB 329 - AN ACT CONCERNING THE RETAIL OPERATION OF OPTICAL ESTABLISHMENTS, OFFICES AND STORES was scheduled for a public hearing before the Public Health Committee.

Although passed by the committee, the proposal did not make it as a stand-alone bill. However, after strong intervention from the Governor’s office, and additional negotiations between the COA and Warby Parker, compromise language was included in the Budget Implementer bill, Bill 5506, a 673-page document that makes adjustments to the biennial budget approved in 2021. 

SUMMARY:

Our new statutory language is addressed in section 230, on page 354. Effective October 1, 2022, CGS, Chpt. 381, Sec.20-150, Where Optical Goods May be Sold, has been amended. Follow this link to the updated language.

A detailed summary of the 2022 legislative session was prepared by our lobbyists, Anita Schepker, Esq. and Liz Connelly from Capitol Consulting, LLC. Please follow their report on our legislation which begins on page 2

The COA appreciates all the hard work and input from our lobbyists
from Capitol Consulting who spent innumerable hours working on this bill

and meeting with members of the COA Board.

ONLY THE COA LOBBYISTS WITH INPUT FROM THE BOARD

WERE ASKED TO WORK WITH WARBY PARKER TO FORGE THE FINAL COMPROMISE LANGUAGE

LICENSE AND CONTINUING EDUCATION REINSTATED (May 17, 2022)

NOT TOO LATE TO PROVIDE WRITTEN TESTIMONY (March 20, 2022)

PUBLIC HEARING SET FOR SB 329 (March 17, 2022)

S.B No. 329 has been put on the calendar of the Public Health Committee of the Connecticut Legislature. If passed, the proposal drafted by Warby Parker will change the way opticianry is practiced in Connecticut.

Founded in 2010, Warby-Parker began operating exclusively as an online retailer of prescription eyewear and sunglasses. In 2013, they opened their first brick-and-mortar store. Headquartered in New York City, they currently have three physical stores in Connecticut located in Farmington, New Haven, and Norwalk.

Claiming a shortage of opticians to meet the needs of some stores to maintain business hours 7 days a week, the proposed legislation would allow, that in the event of reasonably unanticipated circumstances, an optical establishment could, for a period of time, remain open during regular business hours without the supervision of a licensed optician.

Unanticipated circumstances would include but not be limited to the licensed optician's illness, injury, family emergency, termination or resignation from the optical establishment. The language would allow that an optical establishment could remain open, without licensed supervision, as long as reasonable action was taken to have another licensed optician present at the establishment during regular business hours. The period of time to remain open and what constitutes reasonable action is not defined.

The proposal also includes a requirement that an optical department in any establishment, office or store that displays optical glasses, kindred products or other instruments to aid vision for purchase online, be required to obtain an optical selling permit.

Members of the C.O.A. Board of Directors and our lobbyist, and representatives from Warby Parker and its lobbyists, have met with State representative Johnathan Steinberg. Representative Steinberg (D) from the 136^th district of Westport serves as House Chair of the Legislature’s Public Health Committee. The committee will soon conduct a public hearing on this proposal.

The Connecticut Opticians Association is concerned about the impact this proposal will have on the welfare and safety of Connecticut consumers. The COA is opposed to the passage of this bill.

Your COA has been, and will continue to be, diligent in following the progress of this legislation. We will notify you when a date is set for the public hearing on the proposal.

Anyone who is interested in testifying before the committee should contact the Connecticut Opticians Association, Executive Director at CTOpt@aol.com. Be sure to include your phone, your home address and your business address.

UPDATE: This proposal has been scheduled for public hearing before the Connecticut General Assembly, Public Health Committee on Monday March 21. The ZOOM Hearing starts at 9:00AM. Your written or verbal testimony is essential. Contact the COA at CTOpt@aol.com

ONLINE CONTACT LENS COMPANY ORDERED TO PAY $3.5 MILLION IN CIVIL PENALTIES (January 30, 2022)

FOR IMMEDIATE RELEASE

Friday, January 28, 2022

The Department of Justice, together with the Federal Trade Commission (FTC), today announced that the government will collect $1.5 million in civil penalties and $2 million in consumer redress from online contact lens company Vision Path Inc., dba Hubble Contacts (Hubble), as part of a settlement to resolve allegations that Hubble violated the Fairness to Contact Lens Consumers Act and the FTC’s Contact Lens Rule.

In a complaint filed in the U.S. District Court for the District of Columbia, the government alleged that Hubble violated the federal Fairness to Contact Lens Consumers Act and the FTC’s Contact Lens Rule by selling contact lenses online without taking the steps required to verify subscribers’ contact lens prescriptions, improperly substituting Hubble’s own brand of contact lenses for those originally prescribed by consumers’ eyecare practitioners, and procuring what it falsely portrayed as independent consumer reviews of its products and services. In addition to requiring Hubble to pay civil penalties and consumer redress, the stipulated order entered by the court on Friday requires Hubble to refrain from altering prescriptions to change the brand prescribed, to verify the prescription for contact lens orders submitted without a written prescription, to cease other deceptive practices, and to satisfy ongoing recordkeeping, certification, and compliance obligations.

“The Department of Justice will not tolerate the violation of laws intended to ensure that consumers receive the products prescribed for them,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The department is committed to protecting consumers from companies that engage in deceptive practices.”

“Hubble’s business model boosted its bottom line but created needless risk for its customers’ eye health,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “Today’s action makes clear that firms will pay a price for deceiving their customers, flouting the Contact Lens Rule, and using misleading reviews.”

For more information about the FTC ruling, visit its website at https://www.FTC.gov. For more information about the DOJ Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch.

WARBY PARKER - COA UPDATE #2 (February 05, 2021)

WARBY PARKER MEETS WITH COA (February 01, 2021)

WARBY PARKER SEEKS STATUTORY CHANGES (January 26, 2021)

Warby Parker has drafted a proposal, hoping to have it presented to the Public Health Committee of the Connecticut legislature. If passed it will change the way opticianry is practiced in Connecticut.

Having “found it challenging to find licensed, qualified opticians to staff our two stores,” Warby Parker has requested changing the Connecticut optician scope of practice by, Updating Connecticut’s Dispensing Optician Statute.

PROPOSAL OVERVIEW

Updating Licensing Requirements

• Splitting our scope of practice by separating eyewear and contact lenses. This would create a two tier license. Contact Lenses would become an optional license obtained after successful completion of an exam administered at no additional charge.

• Reduce apprenticeship from 4 years to two years and allow for a combination of an 18 month apprenticeship with the completion of one year education program approved by the Board.

• Licensing exams to be administered quarterly.

Updating Optician Regulation

• Waive education & training requirements for opticians “duly” licensed in other states

• Erroneously states that apprentices are not allowed to dispense glasses, “even under the supervision of a licensed optician.”

• Allow registered apprentices to dispense glasses during “customary absence [of the optician] such as sick days and vacation, etc."

• In addition to the “proposed exemption for customary absences, [of the optician] stores should be allowed to remain open to try-on frames and picking up on-line orders, etc.”

If this proposal finds a sponsor and is ultimately made into law, it will have a negative impact on opticianry school graduates and current license holders. If adopted, it will contradict our statutory mandate to protect public health, welfare and safety. (CGS Chpt 381; Sec 20-139)

The Connecticut Opticians Association founded in 1934 and representing the majority of opticians in Connecticut, opposes the restructuring of our educational standards and scope of practice to satisfy the request of an out-of-state corporation for its own pecuniary benefits.

Be assured, your COA has been, and will continue to be, diligent in following the progress of this proposal as Warby Parker seeks a sponsor.

860.416.5128