Ministry Of Health prosecutes illegal practitioner and employer caught engaging in unlawful optometry opticianry practice

Siow Swee Tin, the sole proprietor of M/S Nation Optical, an optical shop, and Kho Liang Ti, who was previously employed as a sales assistant at M/S Nation Optical, were convicted today for infringing section 25 of the Optometrists and Opticians Act (Chapter 213A) (O&O Act). Kho pleaded guilty to unlawful engagement in the practice of opticianry from 3rd to 6th January 2012; whereas Siow pleaded guilty to employing Kho, an unqualified person, to carry out the practice of opticianry. Kho was sentenced to a fine of $1,500 (in default 1 week’s imprisonment) and Siow was fined $3,000 (in default 2 weeks’ imprisonment).

2. This is the second instance that persons have been prosecuted for infringing section 25 of the O&O Act. The first case concluded earlier this month on 7 November 2012 when Tan Wee Yeow and Poon Lai Yin pleaded guilty to their respective charges under the Act. Tan was fined $ 5,000 (in default 5 weeks’ imprisonment) for an offence under section 25(1)(a) and punishable under section 25(4), of the O&O Act while Poon was fined $ 12,000 (in default 12 weeks’ imprisonment) under section 25(2) of the O&O Act. In this case, Poon had employed Tan, knowing that he was an unqualified person, to provide opticianry services at her optical shop over a period of about three years, from 23 February 2008 to 25 July 2011.

Investigations by Ministry of Health (MOH)

3. Under the O&O Act, a person must be registered with the Optometrists & Opticians Board (OOB) and hold a valid practising certificate in order to practise optometry or opticianry. Any person who contravenes section 25 of the O&O Act shall be guilty of an offence and liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months or to both, and in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.

4. In December 2011, the OOB detected a suspected case of illegal practising of opticianry at M/S Nation Optical. Investigations revealed that Kho had performed eye tests and had been dispensing spectacles to customers even though she was neither registered nor held a valid practising certificate to practice as an optician. Kho had engaged in the practice of opticianry as specified in Part I of the Schedule of the O&O Act¹ and she had therefore committed an offence under Sec 25(1)(a) O&O Act for unlawfully engaging in the practice of opticianry.

5. Investigations also revealed that Siow had employed Kho knowing that she was neither registered nor held a valid practising certificate to practice as an optician. He had allowed her to conduct eye tests and dispense spectacles to customers even though he knew that she was not supposed to do so. In doing so, Siow had committed an offence under Sec 25(2) O&O Act for employing Kho, who was not a qualified optician, to carry out the practice of opticianry.

Advice by the OOB

6. To protect the interest and safety of consumers, MOH and the OOB will not hesitate to take stern enforcement action against the illegal practice of optometry or opticianry.

7. Members of the public who patronise optical shops should check the identities of their attending practitioners and verify them against the list of registered optometrists/opticians at www.oob.gov.sg. Those who have information on any illegal practice of optometry or opticianry should report the case to the MOH or OOB via MOH_INFO@moh.gov.sg or enquiries@oob.gov.sg respectively.

¹ Acts or activities constituting ‘opticianry’ or ‘practice of opticianry’
1. Refraction for person of 8 years of age or older.
2. Interpreting prescriptions of medical practitioners and optometrists.
3. Supplying, preparing and dispensing of all optical appliances, except for contact lenses (whether or not they fall within the definition of “optical appliances” in section 2).
4. Fitting, adjusting, and adapting of all optical appliances, except for contact lenses (whether or not they fall within the definition of “optical appliances” in section 2), to the human face and eyes in accordance with the prescriptions of legally qualified medical practitioners and optometrists.

MINISTRY OF HEALTH
21 NOVEMBER 2012