The Optometry Act, 2007
This section is titled “Interpretation” and appears in Part II on the establishment of the Council.
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About this statute
This section is titled “Interpretation” and appears in Part II on the establishment of the Council. This section is titled “Functions and powers of the Council.” Section 7 is about the Registrar’s appointment, functions, and powers. This section is about the appointment of the Deputy Registrar. Section heading for “Other staff” within Part III on Registration and Enrolment, followed by a heading on registration of optometrists and qualifications for registration.
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Provisions of The Optometry Act, 2007
Showing 88 of 88
- 3 Verify source ↗
Interpretation
This section is titled “Interpretation” and appears in Part II on the establishment of the Council.
3. Interpretation. PART II E s t a b l i s h m e n t o f t h e C o u n c i l
Part
PART II
- 5 Verify source ↗
Functions and powers o f the Council
This section is titled “Functions and powers of the Council.”
5. Functions and powers o f the Council. - 7 Verify source ↗
Appointment, functions and powers o f the Registrar
Section 7 is about the Registrar’s appointment, functions, and powers.
7. Appointment, functions and powers o f the Registrar. - 8 Verify source ↗
Appointment o f the Deputy Registrar
This section is about the appointment of the Deputy Registrar.
8. Appointment o f the Deputy Registrar. - 9 Verify source ↗
Other staff
Section heading for “Other staff” within Part III on Registration and Enrolment, followed by a heading on registration of optometrists and qualifications for registration.
9. Other staff. PART III R e g i s t r a t i o n a n d E n r o l m e n t (a) Registration -10. Register o f Optometrists. ^ 1 • Qualifications for registration of Optometrist. No. 12 Optometry 2007 - 4 Verify source ↗
(1) There is hereby established a Council to be known as the
This section establishes the Optometry Council as a body corporate and gives it certain corporate powers.
4.—(1) There is hereby established a Council to be known as the Optometry Council. (2) The Council shall be a body corporate and shall — (a) have perpetual succession and a common seal; (b) in its corporate name be capable o f - E stab lish m ent o f the Council (i) suing or being sued; (ii) holding and purchasing or acquiring in any other way and disposing o f any movable or immovable property; (iii) entering into contracts or other transactions and doing all other acts and things which a body corporate may lawfully perform; (c) have power to borrow such sums as it may require for its purpose; and (d) exercise the powers and perform the functions conferred upon it by or under this Act. r (3) The provisions o f the Schedule to this Act, shall have effect as to the appointment o f members to the Council, composition, proceedings of the Council and other matters relating to the Council. - 5 Verify source ↗
( l ) The Council shall be the sole authority for registering and
The Council is the sole authority for registering and enrolling optometrists and ophthalmic opticians, and it also has a range of regulatory and licensing powers.
5 . - ( l ) The Council shall be the sole authority for registering and enrolling all Optometrists and Ophthalmic Opticians. (2) In particular and without prejudice to the generality o f subsection (1), the functions o f the Council shall be to - F u n ctio n s and p o w e rs o f the Council (a) scrutinize, regulate, approve, monitor and evaluate the implementation o f the curricula o f optometry; (b) publish annually in the Gazette as soon as practicable in the year and on such other occasions as it may deem fit, the names and particulars o f Optometrists and Ophthalmic Opticians contained in the Register and the Roll; (c) issue and cancel registration certificates and licence to practice; (d) make entry into the Register or the Roll and to amend any particulars entered therein and replace any certificate or licence which have been lost or destroyed; (e) advise the Minister on issues pertaining to optometry; (f) prescribe the duties o f the Registrar to the Council; 251 No. 12 Optometry 2007 (g) prescribe standards and conditions for establishing new schools o f optometry, approved organizations, approved persons, approved optometry facilities and clinics; (h) keep and maintain register of schools o f optometry', approved organizations^ approved persons, approved optometry facilities and clinics; (i) establish committees, approve names o f proposed committee members and to prescribe their functions; (j) prescribe standards and conditions for establishing optometry' clinic and facilities; (k) approve hospitals or other institutions for the purpose of enabling persons, who have been provisionally registered to obtain experience necessary to enable them qualify for full registration; (1) raise funds and to prescribe procedures and guidelines relating to their use and accounting; (m) prescribe modalities for the acquisition and upkeep o f the Council’s properties and assets; (n) to make, issue, promote and oversee adherence to a code of conduct and where necessary to exercise disciplinary measures; (o) authorize and supervise all activities related to vision testing and distribution of optical appliances; (p) prescribe the standards and conditions of ophthalmic materials to the required standards and approve them; (q) inspect and prescribe standards of all manufactured ophthalmic materials, appliances and approve them; and (r) grant licences for establishing optometry clinics and facilities. Establish m ent o f C o m m it tees - 6 Verify source ↗
(1) There shall be established an Education Committee, the
This section sets up three named committees, says how their members are appointed, allows committees to co-opt a person for a specific purpose, and lets the Council create up to two more committees and assign functions to them.
6.—(1) There shall be established an Education Committee, the Registration and Finance Committee as well as the Ethical and Disciplinary Committee. % (2) Members o f each Committee shall include— (a) the Chairman who shall be appointed by the Council from amongst its members; and (b) not less than three and not more than five members who shall be appointed by the Chairman o f the Council upon the approval of the Council. 252 No. 12 Optometry 2007 (3) Each Committee may co-opt for a particular purpose any person to be a member o f the Committee and any member so co-opted shall not have the right to vote during the deliberations o f the Committee. (4) The Council may establish not more that! two other committees and may delegate to such Committees functions as the Council may deem appropriate to delegate. (5) The term o f office and other conditions for appointment to the Committee shall be determined by the Council. - 7 Verify source ↗
(1) The Minister shall appoint a Registrar to the Council who
The Minister must appoint a Registrar to the Council, and the Registrar has specific duties, reporting obligations, and powers.
7.—(1) The Minister shall appoint a Registrar to the Council who shall be an Optometrist registered under this Act. (2) The Registrar shall be the Secretary to the Council. (3) The Registrar shall hold office for such period and upon such terms and conditions as the Council may determine, or as may be specified in the instrument o f his appointment. (4) The functions o f the Registrar shall be to— A p p o in t m ent. functions and p ow ers o f the R egistrar (a) im p lem en t th e d e c isio n s o f the C o uncil; (b) make proposals for the formulation o f policies to be adopted by the Council; (c) establish and maintain relationship with organizations, institutions and agencies as may be appropriate for facilitating the implementation of the policies and the carrying out of the functions o f the Council; (d) keep and maintain, on behalf of the Council, the Register and the Roll; (e) make necessary alteration and corrections in the Register or the Roll in relation to any entry as may be directed by the Council; ( 0 record all minutes of the Council and its committees and to keep properly all the records and documents o f the Council; and (g) carry on any other function which may be assigned to him by the Council. (5) The Registrar shall have power to enter into any building or premises for the purpose o f doing anything which may be directed by the Council and in his absence he may assign in writing any other officer o f the Council to carry' on this assignment as provided for under this Act. 253 No. 12 Optometry 2007 (6) The Chairman may. in writing, require the Registrar to submit a report on any matter affecting the affairs o f the Council. (7) The Registrar shall, within a period of three months after the end o f the year, submit to the Council an annual report on the affairs and activities o f the Council. A p p o in t m ent o f the D e p u ty R egistrar - 8 Verify source ↗
(1) There shall be a Deputy Registrar who shall be appointed by
A Deputy Registrar must be appointed by the Minister and assist the Registrar; the Council may direct additional functions.
8.—(1) There shall be a Deputy Registrar who shall be appointed by the Minister and who shall be optometrist to assist the Registrar in the performance o f his duties and, on such other functions as may be directed by the Council. (2) Subject to the provisions of subsection (1), in the event of the absence o f the Deputy Registrar, any other officer o f the Council shall carry out the functions o f the Registrar in his behalf as the Chairman of the Council may designate in writing. O th e r s ta f f - 9 Verify source ↗
Section 9
The Council may appoint another person for the stated service, but the text is incomplete.
9. Council. The Council may appoint such other person to the services o f the PART 111 R e g i s t r a t i o n a n d E n r o l m e n t (a) Registration R egister o f O p to m e tris ts Q ualifica tio n s for registration o f O p to m e trist
Part
PART III
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Recognition of other qual ifications
Section 13 is titled “Recognition of other qualifications.”
13. Recognition of other qual ifications. - 14 Verify source ↗
Provisional registration o f Optometrists
This section is titled “Provisional registration of Optometrists.”
14. Provisional registration o f Optometrists. - 15 Verify source ↗
Registration o f persons qualified outside Tanzania
Section 15 is about registration of persons qualified outside Tanzania.
15. Registration o f persons qualified outside Tanzania. - 16 Verify source ↗
Maintenance of Register o f persons provisionally registered
Section 16 is titled “Maintenance of Register of persons provisionally registered.”
16. Maintenance of Register o f persons provisionally registered. - 17 Verify source ↗
Temporary registration
This provision is titled “Temporary registration” and refers to “Enrolment.”
17. Temporary registration. (b) Enrolment - 18 Verify source ↗
Qualifications for enrolment as ophthalmic optician
This section is about the qualifications needed for enrolment as an ophthalmic optician.
18. Qualifications for enrolment as ophthalmic optician. - 20 Verify source ↗
Temporary enrolment
Section 20 is titled “Temporary enrolment” and sits in Part IV C, “Cancellation and Suspension.”
20. Temporary enrolment. PART IV C a n c e l l a t i o n a n d S u s p e n s i o n
Part
PART IV
- 21 Verify source ↗
Cancellation or suspension o f certificates
This section concerns cancellation or suspension of certificates.
21. Cancellation or suspension o f certificates. - 22 Verify source ↗
Procedure for cancellation or suspension
This section concerns the procedure for cancellation or suspension.
22. Procedure for cancellation or suspension. - 23 Verify source ↗
Reinstatement
Section 23 is titled “Reinstatement” and appears in Part V, “Inquiries and Appeals.”
23. Reinstatement. PART V I n q u i r i e s a n d A p p e a l s - 21 Verify source ↗
The Council may, subject to section 25 and if it is satisfied that terms
The Council may cancel or suspend a certificate if section 25 applies and it is satisfied that registration or enrolment terms and conditions have been breached.
21. The Council may, subject to section 25 and if it is satisfied that terms and conditions o f registration or enrolment have been breached - (a) cancel or suspend the certificate: and (b) direct the Registrar t o - Cancella tio n o r suspension o f certificates (i) notify the person whose certificate has been cancelled requiring him to stop practicing: or (ii) remove the name o f the person whose certificate has been cancelled from the Register or Roll. - 22 Verify source ↗
(1) Where a registered or enrolled person is in violation o f the
If a registered or enrolled person breaches registration conditions, the Registrar must issue a written notice, and the person must respond in writing within the stated time.
22.—(1) Where a registered or enrolled person is in violation o f the terms and conditions o f his registration or enrolment, the Registrar shall, on the direction of the Council, serve to that person a notice in writing specifying the nature o f default. Procedure for can cellation or suspension (2) Upon receipt o f the notice under subsection (1), the person to whom the notice is served shall within the time specified in the notice make representation in writing to the Registrar on the rectification of the default. (3) Where the person under subsection (2) fails to rectify the default within the time specified in the notice or fails to make representation satisfactory to the Registrar, the Registrar shall recommend to the Council for cancellation or suspension o f the Certificate issued to that person. (4) The Council shall, if it is satisfied with the recommendations made under subsection (3), direct the Registrar to cancel or suspend the Certificate o f Registration or Enrolment. - 23 Verify source ↗
(1) A person whose certificate has been cancelled or suspended
If a person’s certificate is cancelled or suspended, they may have to apply to the Registrar to reinstate their registration or enrolment within six months.
23.—(1) A person whose certificate has been cancelled or suspended may be required to apply for reinstatement o f his registration or enrolment to the Registrar within the period o f six months from the date o f cancellation or suspension. R einstate m ent 259 1 No. 12 Optometry 2007 R eceipt o f com plaint by the R egistrar C onduct o f Prelim i nary in q u iry (2) Where the person under subsection (1) fails with good cause to submit an application for reinstatement o f his registration or enrolment within the period o f six months, the Council may direct that such person be reinstated in the Register or the Roll after passing an examination or paying a penalty fee as may be determined by the Council. PART V I n q u i r i e s a n d A p p e a l s 2 4 .-( 1) The Registrar shall receive all complaints submitted to the Council against any Optometrist or Ophthalmic Optician. (2) Every complainant shall be required to give all necessary information in relation to the complaint in question.
Part
PART V
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Receipt o f complaint by the Registrar
24. Receipt o f complaint by the Registrar.
24. Receipt o f complaint by the Registrar. - 26 Verify source ↗
Council’s decisions and appeals
This section is titled “Council’s decisions and appeals” and appears under Part VI on the duties of optometrists and ophthalmic opticians.
26. Council’s decisions and appeals. PART VI D u t i e s o f O p t o m e t r i s t s a n d O p h t h a l m i c O p t i c i a n s - 25 Verify source ↗
(1) The Council may. on its absolute discretion, initiate any
The Council may start a preliminary inquiry into an optometrist or ophthalmic optician if it has information that justifies doing so.
25.—(1) The Council may. on its absolute discretion, initiate any preliminary inquiry on an Optometrist or an Ophthalmic Optician if it is satisfied that information received by it would warrant the conduct of preliminary inquiry. (2) Where the Registrar is satisfied in view of the nature of the complaint and representation made by an Optometrist or Ophthalmic Optician that holding o f the preliminary inquiry is necessary, he shall submit to the Counci I all necessary information received and shall make recommendations to the effect that preliminary inquiry be held by the Council. (3) In conducting a preliminary inquiry, the Registrar shall be accompanied by at least two persons not being members of the Council appointed by the Council to assist him to collect evidence. (4) Where the Registrar has completed preliminary inquiry he shall report to the Council and upon being satisfied with the evidence collected it shall decide whether or not to hold the inquiry. (5) Procedures for conducting inquiry shall be as may be prescribed in the Regulations. C ou n cil's decisions and a p p ea ls - 26 Verify source ↗
Section 26
The Council must state and explain certain registration-related decisions, send the decision by registered mail, and an aggrieved person may appeal to the Minister.
26. - (1) Any decision o f the Council with respect to application for registration, enrolment, de-registration, or removal from the Register or the Roll shall be stated categorically and the reasons for such decision shall be given as may enable a person in respect o f whom a dicision has been made understand the nature of the decision. (2) A decision o f the Council shall be communicated to a person concerned by a registered mail. (3) A person aggrieved by the decision of the Council may appeal to the Minister. 260 No. 12 Optometry 2007 D u t i e s o f O p t o m e t r i s t s a n d O p h t h a l m i c O p t i c i a n s PART VI
Part
PART VI
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Duties of Optometrists and Ophthalmic Optician
Section 27 is titled “Duties of Optometrists and Ophthalmic Optician.”
27. Duties of Optometrists and Ophthalmic Optician. - 28 Verify source ↗
Ownership and management of Optometry facility and optometry
Section 28 concerns ownership and management of an optometry facility and optometry clinic.
28. Ownership and management of Optometry facility and optometry clinic. - 29 Verify source ↗
Conditions to operate an Optometry facility or clinic in hospitals,
This section heading concerns conditions for operating an optometry facility or clinic in hospitals, health centres, dispensaries, and similar places.
29. Conditions to operate an Optometry facility or clinic in hospitals, health centres, dispensary etc. PART VII F i n a n c ia l P r o v i s i o n s - 27 Verify source ↗
(1) It shall be the duty of every Optometrist and Ophthalmic
Optometrists and Ophthalmic Opticians must treat patients with knowledge, skill, and proper attitude, and follow any prescribed code of conduct.
27.—(1) It shall be the duty of every Optometrist and Ophthalmic Optician to attend their patients with clear knowledge, skills and right attitude. (2) A person registered or enrolled under this Act shall be in breach of principles o f professional conduct and personal behaviours i f - D uties o f O p to m e trists and O p h th a l mic O p tician (a) he neglects or disregards professional responsibilities to patients with respect to their care and treatment; (b) he abuses professional privileges or skills; (c) his personal behaviour and conduct are derogatory to the reputation o f the profession; (d) he disparages his professional colleagues; or (e) he associates with unqualified persons in discharging his professional duties and carrying out his professional responsibilities. (3) Notwithstanding the provisions of subsection (1), it shall be the responsibility o f any Optometrist and O ph th alm ic O p tician to abide by the code o f conduct as may be prescribed. - 28 Verify source ↗
(I) A person shall not own or manage an optometry clinic or
A person or organization may not own or manage an optometry clinic or facility unless the person has one of the listed optometry-related qualifications or the organization is approved.
28.—(I) A person shall not own or manage an optometry clinic or facility in accordance with the provisions of this Act unless - (a) that person is a fully registered Optometrist; or (b) he is an Ophthalmologist: or (c) he is enrolled as an Ophthalmic optician with an experience of not less than 3 years. Ownership and m anage m ent o f Optometry facility and optometry clinic (2) An organization shall not own or manage an optometry' clinic or facility in accordance with the provisions o f this Act unless it is an approved organization. - 29 Verify source ↗
Section 29
A person must not operate an optometry facility or clinic in a hospital, dispensary, clinic, or other health facility without first registering under the Act.
29. or clinic within the hospital, dispensary, clinic or any other health facility without prior obtaining registration in accordance with the provisions of this Act. A person shall not be allowed to operate an optometry facility Conditions to o p erate an Optometry facility or clinic in h o sp itals, health centers, dispensary etc. 261 No. 12 Optometry 2007 PART VII F in a n c ia l P r o v is i o n s Funds o f the Council
Part
PART VII
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Financial year of the Council
Section title: Financial year of the Council.
31. Financial year of the Council. No. 12 Optometry 2007 - 32 Verify source ↗
Estimates o f income and expenditure of the Council
This section concerns estimates of the Council’s income and expenditure.
32. Estimates o f income and expenditure of the Council. - 33 Verify source ↗
Remuneration o f the members o f the Council
This section is about remuneration of the members of the Council.
33. Remuneration o f the members o f the Council. - 35 Verify source ↗
Laying o f accounts before the National Assembly
Section 35 is titled “Laying of accounts before the National Assembly” and appears within Part VIII on offences and penalties.
35. Laying o f accounts before the National Assembly. PART VIII O f f e n c e s a n iT P e n a l t ie s - 30 Verify source ↗
(1) The funds and resources o f the Council shall consist of
The Council’s funds come from listed sources, must be used for the Council’s purposes, and spending needs Council approval. The Registrar must keep proper audited accounts and records.
30.—(1) The funds and resources o f the Council shall consist of- (a) the sums of money as may be appropriated by the Parliament; (b) proceeds derived from sale o f Council's property; (c) all fees payable under this Act; (d) such donations, grants, bequeaths or loans as the Council may receive from any person or organizations; and (e) any other income identified by the Council and legally obtained. (2) The funds and resources o f the Council shall be applied for the purposes for which the Council is established and in accordance with the directions o f the Council. (3) No expenditure shall be made out o f the funds o f the Council unless any such expenditure has been approved by the Council. (4) The Registrar shall keep proper audited accounts and other records relating to or in respect of the funds and resources o f the Council. - 31 Verify source ↗
Section 31
The Council’s financial year is set by this section: for the first accounting period it runs from commencement of the Act to 30 June, and after that it runs for 12 months ending on 30 June.
31. The financial year o f the Council shall be, in respect of the first accounting period, the period starting from the date o f commencement o f this Act and ending on 30"' June and in respect o f the subsequent accounting period, twelve months ending 30,h June. - 32 Verify source ↗
(1) The Registrar shall, within a period o f three months before
The Registrar must prepare and submit the Council’s income and expenditure estimates before the end of each financial year, then forward them to the Minister after Council approval.
32.—(1) The Registrar shall, within a period o f three months before the end o f each Financial year, prepare and submit to the Council for approval, estimates o f income and expenditure o f the Council for the next ensuing financial year. (2) Upon approval of estimates by the Council, the Registrar shall forward such estimates to the Minister for approval with or without variation. - 33 Verify source ↗
Section 33
Council members and committee members must be paid allowances from Council funds, and the Minister decides the amount.
33. Members o f the Council and the Committees shall be paid from the funds of the Council such allowances as the Minister may determine. 262 F in a n c ia l year o f the Council E stim ates o f incom e and expendi ture o f the Council Remunera tion o f the m em bers o f the Council No. 12 Optometry 2007 19 - 34 Verify source ↗
The Council shall, within six months after the close of the Financial
The Council must prepare and submit an annual report to the Minister within six months after the end of the financial year, with audited accounts, the auditor’s report, and any other information the Minister directs.
34. The Council shall, within six months after the close of the Financial year, cause to be prepared and submitted to the Minister a report dealing generally with the activities and operations of the Council during that year accompanied by- A nnual re p o rt (a) a copy o f the audited accounts o f the Council; (b) a copy o f the auditor's report on the accounts; and (c) such other information as the Minister may direct. L ay in g o f acco u n ts before the N ational A ssem bly OlYcnces for illegal practicing - 35 Verify source ↗
The Minister shall, as soon as practicable after receiving them,
The Minister must lay the Council’s audited accounts, auditor’s report, and annual report before the National Assembly as soon as practicable after receiving them.
35. The Minister shall, as soon as practicable after receiving them, lay before the National Assembly the audited accounts of the Council, together with the auditor's report on the accounts and the annual report of the Council. PART VIII O f f e n c e s a n d P e n a l t i e s
Part
PART VIII
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Procurement o f illegal registration or enrolment
Section 38 is titled “Procurement of illegal registration or enrolment.”
38. Procurement o f illegal registration or enrolment. - 40 Verify source ↗
Restriction on sale and supply o f optical appliances
Section 40 is titled “Restriction on sale and supply of optical appliances.”
40. Restriction on sale and supply o f optical appliances. PART IX M is c e l l a n e o u s P r o v is io n s - 36 Verify source ↗
( 1) A person who practices as an Optometrist or an Ophthalmic
Practising as an optometrist or ophthalmic optician without registration or enrolment is an offence, and owning an optometry facility or clinic contrary to the Act is also an offence.
36.-( 1) A person who practices as an Optometrist or an Ophthalmic Optician without being registered or enrolled, commits an offence and shall be liable on conviction to a fine o f not less than one million but not exceeding two million shillings or to imprisonment for a term o f two years or to both. (2) Any person who owns an Optometry facility or Optometry clinic contrary to the provisions o f this Act, commits an offence and shall be liable on conviction to a fine of not less than one million and not exceeding five million shillings or to imprisonment for a term o f five years or to both. (3) In addition to the penalty which may be imposed in pursuance to the provisions o f subsections (1) and (2), the trial court may order that any drugs, medicines, corrective lenses, retinoscopes, trial frames, slit- lamps, keratometer, trial cases, tools, machinery or any other ophthalmic diagnostic instruments or appliances used by or belonging to or found in possession o f a person convicted be forfeited, destroyed or otherwise disposed of. - 37 Verify source ↗
A person registered or enrolled under this Act who allows,
A registered or enrolled person under the Act must not let, help, or cause an unregistered person to practice as an Optometrist or Ophthalmic Optician.
37. A person registered or enrolled under this Act who allows, associates or otherwise causes a person w'ho is not registered or enrol led as such to practice as Optometrist or Ophthalmic Optician, commits an offence and shall be liable on conviction to a fine o f not less than five hundred thousand and not exceeding one million shillings or to imprisonment for a term o f five years or to both. P ro h ib i tion 263 No. 12 P rocure m ent o f illegal registra tion o r enrollm ent Optometry 2007 - 38 Verify source ↗
A person who
This provision creates offences for false registration or falsification, and sets offences and penalties for optometrists, ophthalmic opticians, and certain suppliers or organizations that fail to comply with Council requirements or product rules.
38. A person who— (a) procures or attempts to procure registration, or enrollment by production of any false or fraudulent statement or document; or (b) deliberately makes or causes to be made any falsification in any matter relating to the Register or Roll; (c) assist or aids any person to commit any o f the acts prescribed under this section, commits an offence. . General p e n a lty 3 9.-(1) Any Optometrist or an Ophthalmic Optician w h o - (a) having been summoned by the Council faiIs— (i) to attend before the Council; (ii) without reasonable excuse to produce any book or documents which he is required to produce; (b) without lawful excuse, refuse to answer any question put to him in the cause o f the proceedings of the Council; or (c) fails to observe or breaches any other provisions o f this Act, commits an offence and shall be liable to a fine o f not less than five hundred thousand and not exceeding one million shillings. (2) w hich- Any manufacturer, distributor, supplier or approved organization (a) manufactures, distributes and supplies optometry appliances which do not meet Council's prescribed standards; (b) willfully and falsely use any name or label implying a quality of a product; (c) manufactures, supplies and distributes optometry appliances and instruments without being approved by the Council; (d) sells optical appliances to non Optometrist, Ophthalmic optician, Ophthalmologist or approved organization or institution, commits an offence and shall be liable to a fine not less than one million shillings and not exceeding five million shillings or to imprisonment fora term not less than six months and not exceeding one year or to both. - 40 Verify source ↗
(1) No person shall sell or supply any optical appliances unless
No person may sell or supply optical appliances unless the sale is supervised by, or prescribed by, specified eye-care professionals.
40.—(1) No person shall sell or supply any optical appliances unless the sale is effected by— (a) the supervision of an ophthalmologist, a registered optometrist or ophthalmic optician; or (b) a prescription made by an ophthalmologist, a regi^icied optometrist or ophthalmic optician in an optometry facility or optometry clinic. Restriction on sale and su p p ly o f optical appliances 264 No. 12 Optometry 2007 (2) Any person who contravenes the provisions o f subsection (1) shall be guilty o f an offence and shall be liable on conviction to a fine not exceeding ten million shillings or to an imprisonment for a term not exceeding five years. PART IX M i s c e l l a n e o u s P r o v i s io n s
Part
PART IX
- 41 Verify source ↗
Letter o f authorization for visiting Optometrists or Ophthalmic
Section title: letter of authorization for visiting optometrists or ophthalmic opticians.
41. Letter o f authorization for visiting Optometrists or Ophthalmic O p ticians. - 42 Verify source ↗
Registrar may call for further information
The Registrar may ask for more information.
42. Registrar may call for further information. - 45 Verify source ↗
Inspection o f optometry facility and optometry clinics
This section concerns inspection of optometry facilities and optometry clinics.
45. Inspection o f optometry facility and optometry clinics. - 48 Verify source ↗
Appointment o f Supervisory authorities
This section is about appointing supervisory authorities.
48. Appointment o f Supervisory authorities. - 50 Verify source ↗
Repeal and savings
This section is titled “Repeal and savings.”
50. Repeal and savings. SCHEDULE 247 No. 12 Optometry 2007 THE UNITED REPUBLIC OF TANZANIA No. 12 o f 2007 A s s e n t , J a k a y a M r i s h o K i k w e t e , President 11 "’June, 2007 An Act to provide for the establishment of the Council to regulate the conduct of Optometrists and Ophthalmic O p ticia n s, the reg istra tio n o f O p to m etrists and Ophthalmic Opticians and to provide for related matters. E n a c t e d by Parliament o f the United Republic o f Tanzania. PART I P R E L IM IN A R Y PR O V IS IO N S - 41 Verify source ↗
(1) Where the Registrar or any person appointed by the Council
The Registrar or a person appointed by the Council may issue a letter allowing certain non-resident people to provide specified optometry services, and the letter lasts three months.
41.—(1) Where the Registrar or any person appointed by the Council is satisfied, in relation to any person who is not ordinarily a resident in Tanzania, that such a person - (a) holds a certificate which furnishes a sufficient guarantee of the possession by him o f the requisite knowledge and skill for the efficient practice of optometry or ophthalmic optics; (b) has sufficient practical experience for the efficient practice o f optometry or ophthalmic optics; (c) satisfies all conditions specified under section 18; (d) desires to provide optometry or ophthalmic services upon a patient or patients; or (e) has a letter o f good standing from optometry regulatory authority o f a country in which he attained the qualification, he may, after consultation with the C ouncil, grant a letter authorizing that person to re n d e r optometry or ophthalmic optical services to a patient or patients specified in such a letter. (2) A person holding a letter o f authorization issued under subsection (1) shall be deemed to be duly registered or enrolled as an optometrist or ophthalmic optician in relation to the services provided to the patient or patients named in the letter. (3) The letter o f authorization issued under subsection (1) shall be valid for a period o f three months from the date o f issuance. L etter o f authoriza tion for visiting O p to m e trists or O p h th a l mic O p ticia n s - 42 Verify source ↗
(1) The Registrar may, on his own motion or on the instruction
The Registrar may ask an applying optometrist or ophthalmic optician for extra information in writing, and the person must comply.
42.—(1) The Registrar may, on his own motion or on the instruction of the Council, in writing request any Optometrist or Ophthalmic Optician who is applying for registration or enrollment under this Act to furnish all or any information regarding. (a) possession o f further qualifications guaranteeing eligibility Registrar may call for further inform a tion for registration as applied by him; (b) if employed, whether he is in private practice or is in the employment o f any organization or institution; (c) the name o f the organization or institution by which he is employed; and (d) any issue which is necessary for facilitating registration or enrollment. 265 No. 12 O ptom etry 2007® Considera tion o f a p p lica tions Issuance o f C ertifi cates Inspection of optom etry facility and optom etry clinics Limitation O f liability Seal o f the Council A p p o in t m ent o f S u p er v iso ry authorities (2) An Optometrist or an Ophthalmic Optician who receives a request for any such additional information shall comply with such request. - 43 Verify source ↗
Notwithstanding any provision relating to applications which may
The Registrar must process applications submitted to him within 90 days of lodging them and forward them to the Council for determination.
43. Notwithstanding any provision relating to applications which may be made under this Act, the Registrar shall process application submitted to him within ninety days from the date o f lodging the application and forward to the Council for determination. - 44 Verify source ↗
Every' person who is registered, enrolled or granted a letter o f
People registered, enrolled, or granted a letter of authorization under the Act must be issued a certificate as prescribed.
44. Every' person who is registered, enrolled or granted a letter o f authorization in pursuance to this Act shall be issued with a certificate as may be prescribed. - 45 Verify source ↗
(1) All optometry facilities and clinics shall be supervised and
Optometry facilities and clinics must be supervised and inspected by the Registrar or a Council-appointed officer, who must report certain misconduct findings to the Council.
45.—(1) All optometry facilities and clinics shall be supervised and inspected by the Registrar or any other officer appointed by the Council. (2) If, during the carrying out o f inspection, the Registrar or any other officer duly appointed makes a finding that an approved person in respect of whose optometry facility or clinic inspection has been done is conducting himself in a manner derogatory of or incompatible with the optometry profession, he shall make a report disclosing such findings to the Council. - 46 Verify source ↗
Section 46
People acting in good faith under the Act are not personally liable for the acts or omissions covered by this section.
46. No matter or thing done or omitted to be done by the Council, Committees, the Registrar or any other person empowered to perform any function under this Act shall, if done or omitted to be done in good faith in execution or purported execution o f his functions under this Act, render the Council, Committees, the Registrar or such any other person, personally liable for the matter or thing done. - 47 Verify source ↗
(1) The Seal o f the Council shall be kept under the custody of
The Registrar must keep the Council’s Seal, and documents with the Seal must be authenticated by the signatures of the Chairman and the Registrar.
47.—(1) The Seal o f the Council shall be kept under the custody of the Registrar. (2) The affixing o f the Seal o f the Council on any document shall be authenticated by the signature o f the Chairman and the Registrar. (3) A document purporting to bean instrument issued by the Council and authenticated in the manner provided for under subsection (2) shall be deemed to be a valid instrument and admissible in evidence. - 48 Verify source ↗
(1) The Minister may, after consultation with the Council,
The Minister may appoint registered, enrolled, or other persons as supervisory authorities at district and regional levels after consulting the Council.
48.—(1) The Minister may, after consultation with the Council, appoint such registered or enrolled persons or other persons to be supervisory authorities at district and regional levels. (2) Persons appointed under sub-section (1) shall perform supervisory functions over Optomestrists, Ophthalmic Opticians and facilities within their respective districts or regions. 266 No. 12 Optometry - 49 Verify source ↗
(1) The Minister may make regulations generally providing for
The Minister may make regulations for this Act, including on optometry practice, registration, fees, ethics, licensing, appeals, foreign investment conditions, and a code of conduct.
49.—(1) The Minister may make regulations generally providing for the better carrying out o f the provisions o f this Act. (2) Notwithstanding the provisions of subsection (1), the Minister may make regulations- 2007 Regula tio n s (a) regulating the practice of Optometrists. Ophthalmic Opticians, approved persons and approved organizations; (b) prescribing procedures for conducting inquiry; (c) prescribingqualifications, which shall be recognized as entitling the holder for registration or enrollment under this Act; (d) prescribing procedures for registration and enrolment under this Act; (e) prescribing ethics in the practice o f the Optometry and Ophthalmic Optician profession: ( 0 prescribing rules regulating the standards of professional conduct for Optometrists and Ophthalmic Opticians or with respect to optometry profession; (g) prescribing the supply and fitting o f contact lenses by registered Optometrists or enrolled Ophthalmic Opticians; (h) prescribing various forms to be used under this Act; (i) prescribing fees and other charges; (j) prescribing procedure for appeals under this Act; (k) prescribing the functions of the Committees established under this Act; (I) prescribing conditions for the licensingofoptometry facilities and clinics; (m) prescribing conditions and procedures for optometry investment by foreigners in the country; (n) prescribing conditions for retaining the names o f registered optometrist or enrolled Ophthalmic Optician:- (o) prescribing procedure for supervision at the regional and district levels; and (p) any matter which is permitted or required by this Act to be prescribed. (3) The Minister may, after consultation with the Council, prescribe the Code o f Conduct and Ethics to be observed by Optometrists and Ophthalmic Opticians. (4) The Code o f Conduct and Ethics made under subsection (3) shall be published in the Gazette. - 50 Verify source ↗
(1) The Opticians Act is hereby repealed
The Opticians Act is repealed, but certain existing rules and actions continue to be treated as valid under the new Act.
50.—(1) The Opticians Act is hereby repealed. (2) Notwithstanding the provisions o f subsection (1 ) - (a) all rules made under the repealed Act shall, in so far as they are not inconsistent with the provisions o f this Act, remain in force until they are revoked. Repeal and Savings Cap. 23 267 No. 12 Optometry 2007 (b) anything done or any action taken or purported to have been done or taken under the repealed Act shall be treated as if they have been done or taken under this Act. SC H E D U L E (Made under section 4(3)) C om posi tion o f the Council and tenure o f OHlce ! . - ( 1 ) T he C ouncil shall consist o f m em bers nam ely — (a) a C hairm an w ho shall be appointed by the M inister; (b) tw o m em bers representing O ptom etrists o r O ph th alm ic O ptician from the public sector; (c) one m em ber representing O ptom etrist or O p hthalm ic O ptician from private sector; (d) one O ptom etrist or O phthalm ic O ptician from private hospitals: (e) one O ptom etrist or O phthalm ic O ptician from v o lu n tary agencies; ( 0 th e P resident o f th e T anzania O p to m e try A s s o c ia tio n ; (g) the D irector responsible for preventive services in the M inistry o f Health: (h) the Principal from the School o f O ptom etry: (i) the representative from the M edical C ouncil o f T anganyika: (j) State A ttorney representing the A ttorney-G eneral's O ffice; and (k) one representative from the consum ers. (2) T h e m em bers o f the C ouncil shall be appointed by the M inister. (3) A m em ber o f the C ouncil shall, unless he resigns o r his ap p o in tm en t is revoked by the M inister, hold office for a period o f three years from the date o f a ppointm ent and shall be e lig ib le for re-appointm ent. (4) A person w ho is a m em ber by virtue o f his office shall cease to be a m em ber upon c ea sin g to hold office in respect o f'w hich he is a m em ber o f the C ouncil. (5) T h e M inister m ay fill any casual vacancy o ccu rrin g in the m em bership, and m ay revoke any appointm ent o f any m em ber, and appoint a re p la ce m en t in accordance w ith the s y tern o f representation contained in subparagraph (I ) . - 2 Verify source ↗
( 1 ) The M em bers shall elect a V ice-C hairm an o f the C ouncil from am ongst their
Members must elect a Vice-Chairman of the Council from among themselves.
2 .—( 1 ) The M em bers shall elect a V ice-C hairm an o f the C ouncil from am ongst their num ber. (2) T h e V ice-C hairm an shall, subject to his c o n tin u in g to be a m em ber, hold office fo ra term o f three years from the date o f his election, but shall be elig ib le for re-election. - 3 Verify source ↗
Section 3
The Council must meet at least once every six months. The Chairman, or the Vice-Chairman if the Chairman is absent, may call a special meeting on a written request from the majority of members in office. The Chairman or Vice-Chairman must preside at meetings, and if both are absent the members present must choose a presiding member.
3 .— (1) T he C ouncil shall ordinarily m eet at such tim es and places as it deem s ne ce ssa ry for transaction o f its business, but shall m eet at least once in every six m onths. (2) T he C hairm an or in his absence, the V ice-C hairm an, m ay at any tim e call a special m eetin g o f the C ouncil, upon a w ritten request by the m ajo rity o f the m em bers in office. (3) T he C hairm an or in his absence the V ice-C hairm an, shall preside at every m eeting 268 E lection o f the Vice- C hairm an M eeting o f the C ouncil No. 12 Optometry 2007 o f the-C ouncil and in the abscnce o f both the C hairm an and the V ice-C hairm an, the m em bers present shall ap p o in t a m em ber from am ongst them selves to preside over the m eeting. - 4 Verify source ↗
Section 4
A Council member who cannot attend a meeting may appoint someone from their organization to represent them.
4. If a m em ber o f the C ouncil w ho is a m em ber by virtue o f his office is u nable for any reason to attend any m eeting o f the C ouncil he m ay nom inate an o th er person from his o rganization to re p re se n t him in the m eeting. A bsent m em bers to be repre sented - 5 Verify source ↗
The quorum at any meeting of the Council shall be half of the members in office
A meeting of the Council has quorum only if half of the members in office are present.
5. The quorum at any meeting of the Council shall be half of the members in office. Q uorum - 6 Verify source ↗
(1) S u b je ct to su b -p arag rap h (2), m atters proposed to be d eliberated upon at a
Council decisions are normally made by majority vote, with the presiding person having a casting vote if votes are tied.
6 .—(1) S u b je ct to su b -p arag rap h (2), m atters proposed to be d eliberated upon at a m eeting o f the C ouncil shall be decided by a m ajority o f the votes o f the m em bers present and voting, and in the event o f an equality o f votes, the person p resid in g o ver the m eeting shall have a c astin g vote in ad dition to his d eliberative vote. D ecision o f the C ouncil (2) N o tw ith stan d in g the pro v isio n s o f subparagraph ( I ), w here the C hairm an so d irects a decisio n m ay be m ade by the C ouncil w ithout a m eeting by circu latio n o f the relevant pap ers a m o n g the m em bers, and the expression o f the view s o f the m em bers in w riting, shall c o n stitu te the d ecision o f the C ouncil, but any m em ber m ay require that the d ecision be deferred and the subject m atter be considered at a m eeting o f the C ouncil. - 7 Verify source ↗
(1) T he S ecretary shall record and keep m inutes o f all b u sin ess c o n d u cted or
The Secretary must keep minutes of meeting business, and the minutes of each Council meeting must be read, confirmed or corrected and confirmed at the next meeting, then signed by the presiding person and the Secretary.
7 .—(1) T he S ecretary shall record and keep m inutes o f all b u sin ess c o n d u cted or transacted at the m eeting, and the m inutes o f each m eeting o f the C ouncil shall be read and confirm ed o r corrected and confirm ed at the next m eetin g o f the C ouncil and signed by the person p re sid in g o v er the m eeting and the Secretary. M inutes o f m eetings (2) M in u tes o f the C o u n cil p u rp o rtin g to be signed by a person p resid in g o v er the m eeting and the S ecretary shall in the absence o f p ro o f o f erro r be deem ed to be a correct record o f the m eeting w hich the m inutes purport to be. - 8 Verify source ↗
Section 8
Council acts or proceedings are not invalid just because there is a vacancy among members or a defect in a member’s appointment.
8. reason o f e x iste n ce o f any vacancy am ongst its m em bers o r by reason o f any defect in th e app o in tm en t o f any m em ber. T he validity o f any act o r p ro ceed in g s o f the C ouncil shall not be invalid by Validity o f p roceed ings - 9 Verify source ↗
Subject to the provisions o f this Schedule, the Council may regulate its proceedings
The Council may regulate its proceedings, subject to this Schedule.
9. Subject to the provisions o f this Schedule, the Council may regulate its proceedings. C ouncil may regulate its own p roceed ings P r o o f o f d o c u m ents - 10 Verify source ↗
Section 10
A document made under the Registrar’s hand about a Council decision or resolution, and issued on the Council’s behalf, is admissible in court or before authorized bodies and is treated as sufficient evidence unless the contrary is shown.
10. A ny do cu m en t p u rp o rtin g to be m ade under the hand o f the R egistrar w ith respect to the d ecisio n o r any resolution o f the C ouncil and having been issued on b e h a lf o f the C ouncil, shall be receivable in all courts o f law or tribunals or other bodies au thorized to receive ev id e n ce and shall, unless the contrary intention is show n, be deem ed and w ith o u t further proof, to be sufficient evidence o f w hat is c ontained in that docum ent. Passed in the National Assembly on the 17th April, 2007 D a m i a n S. L. F o k a , Clerk o f the National Assembly 269
Part
PART I
- 1 Verify source ↗
T his Act m ay be cited as the Optom etry Act, 2007 and shall
This section gives the Act its short title and says it starts on a date appointed by the Minister by Gazette notice.
1. T his Act m ay be cited as the Optom etry Act, 2007 and shall com e into operation on such a date as the M inister may, by notice ^ published in the G azette, appoint. s h o rt title m ence- m ent - 2 Verify source ↗
( l ) This Act shall apply to M ainland Tanzania
This Act applies in Mainland Tanzania and covers optometrists and ophthalmic opticians even if they are fully, provisionally, or temporarily registered.
2 . - ( l ) This Act shall apply to M ainland Tanzania. A p p lic a tion (2) This Act shall apply to Optometrists and Ophthalmic Opticians irrespective o f whether or not such persons are fully, provisionally or temporarily registered. 249 No. 12 In ter p retatio n Optometry 2007 - 3 Verify source ↗
Section 3
This section defines key terms used in the Act.
3. In this Act unless the context otherwise requires - "Act" means the Optometry Act, 2007; "approved organization" means an organization that fulfills conditions requisite for establishment and management o f private optometry facility or clinic; "approved person" means an Optometrist, an Ophthalmologist and an Ophthalmic Optician registered under the Act; "certificate" means a document issued by the Council to a person certifying that such person has undergone a course o f study leading to award of a diploma, degree or any other document indicating the level of knowledge and skill acquired by him; "Council" means the Optometry Council established under section 4; "enrolled body corporate" means a body corporate enrolled in the list o f bodies corporate practising optometry; "licence" means a permit authorizing the holder to practice as an Optometrist or an Ophthalmic Optician; "Minister" means the Minister responsible for health; "O p to m etrist" m eans a p rim ary h ealth c are p ro v id er o f the eye and visual system; "Ophthalmic optician" means a person engaged in the testing o f sight and supplying optical appliances; "Ophthalmologist" means a medical practitioner specialized in eye treatment and surgery; "Optical appliance" means an appliance designed to test, detect, correct, remedy or relieve a defect of sight, this includes Optical instruments and tools; "optical instruments" means instruments used to test and detect defect of sight; "optical tools" means tools used to make visual aids; "optometry" means health care provider specialised in the provision of vision care, examination and diagnosis o f vision problems and eye diseases; "optometry clinic" means optometry clinic which deals with sight testing, visual analysis and corrections of visual defect; "optometry facility" means an optical surfacing unit, optical laboratory, optical factory and manufacturing, supplying and distributing units o f optical appliances; "Registrar" means the Registrar of the Council appointed under section 7; "Register" means a Register o f Optometrists; "registered Optometrist" means Optometrist registered under this Act; and "Roll" means the Roll o f Ophthalmic Optician^ kept by the Registrar in which the names o f persons enrolled therein are entered. 250 No. 12 Optometry 2007 PART II E s t a b l i s h m e n t o f t h e C o u n c i l
Part
PART 111
- 10 Verify source ↗
(1) There shall be the Register o f Optometrists which shall be
A Register of Optometrists must be kept and maintained by the Registrar.
10.—(1) There shall be the Register o f Optometrists which shall be kept and maintained by the Registrar. (2) The Register shall contain the names, addresses, qualifications and other particulars of Optometrists entitled for registration. - 11 Verify source ↗
Section 11
A person is entitled to registration under this Act if the stated study, qualification, and one-year practical experience requirements are met, subject to the Act and any regulations on admission.
11. Subject to the provisions o f this Act and any conditions for admission to the register or any part thereof imposed by regulations made thereunder, a person shall be entitled for registration under this Act if he has- (a) undergone the course of study leading to the award o f diploma. advanced diploma, degree or masters in optometry' from a recognized training institution; (b) any other additional qualifications recognized; and (c) practical experience for a period o f one year in any institution recognized by the Council. 254 2007 P rocedure for registra tion Recogni tion o f other qualifica tio n s No. 12 Optometry - 12 Verify source ↗
( 1) A person, who wishes to obtain registration under this Act,
A person seeking registration must apply to the Registrar in the prescribed form and include the required documents and fee.
12.-( 1) A person, who wishes to obtain registration under this Act, shall submit an application in a prescribed form to the Registrar. (2) An application under subsection (1) shall be accompanied b y - (a) a certified copy or copies o f certificates for academic qualifications o f the applicant; (b) an application fee as may be prescribed; and (c) such other documents containing information as may be required by the Council. (3) The Registrar shall, after receiving an application, refer the application together with his recommendations to the Council for consideration and determination. (4) The Council may— (a) approve the application and direct the Registrar to register the applicant; or (b) reject an application and direct the Registrar to inform the applicant accordingly 'stating the reasons for the Council's decision.’ - 13 Verify source ↗
( 1) For the purpose o f registration under this Act. the Council
The Council may recognize other optometry qualifications, the Registrar must publish recognized qualifications each year, and withdrawing recognition does not affect people already registered.
13.-( 1) For the purpose o f registration under this Act. the Council may after— (a) taking into account admission requirements into optometry schools; (b) assessing the curriculum followed by optometry schools; and (c) evaluating the professional standards exhibited by a person holding himself as having qualifications to practice optometry, recognize such other qualifications as guaranteeing requisite knowledge and skill other than qualifications referred to under section 11. (2) The qualifications recognized for the purposes o f subsection (1), shall be published in the Gazette as soon as the Council recognizes them and the Registrar shall after the 1st day of January and not later than the 31s' day of March each year, publish all such qualifications. (3) The Council may, if professional standards so require, withdraw recognition o f qualifications referred to under subsection (1). 255 No. 12 Optometry 2007 (4) Where the Council withdraws recognition of any other qualifications, such withdrawal shall not affect the registration of any person already registered. Provisional registra tion o f O p to m e tris ts - 1 Verify source ↗
4.—(1) A person otherwise qualified to be registered under section
People who qualify for registration but lack practical experience may get provisional registration if they show the Council they have approved employment that will give them the needed experience.
1.4.—(1) A person otherwise qualified to be registered under section 11 but who is not entitled to be registered as such by reason only o f the fact that he does not have the requisite practical experience, but produces evidence satisfactory to the Council that he has been offered employment in an institution approved by the Council and that such employment would afford him opportunity to obtain the required experience, shall be eligible for provisional registration. (2) A person who is provisionally registered shall be deemed to be registered as far as it is necessary to enable him to be employed for the purpose stated in subsection (1) and to carry out responsibilities o f a registered optometrist practitioner but not otherwise. (3) The provisions of this section shall apply for the purpose of enabling persons referred to in subsection (1) to acquire such practical experience in optometry for one year. - 15 Verify source ↗
Where a person applying for registration is a citizen or non
Certain applicants with foreign qualifications recognized by the Council are eligible for provisional registration for one year.
15. Where a person applying for registration is a citizen or non citizen of Tanzania and has qualifications obtained from an institution of learning outside Tanzania but recognized by the Council, that person shall be eligible for provisional registration lasting for a period o f one year. - 16 Verify source ↗
(1) The Registrar shall maintain a separate Register into which
The Registrar must keep a separate register of provisionally registered persons, and a provisionally registered person may practice as an Optometrist registered under section 14, but only for that purpose.
16.—(1) The Registrar shall maintain a separate Register into which the names o f persons provisionally registered under section 14 shall be entered and upon such persons being fully registered their names shall be removed from the Register o f the persons provisionally registered. (2) A person provisionally registered shall be entitled to practice as an Optometrist registered under section 14 but not otherwise. - 17 Verify source ↗
(1) Aperson who is not a citizen o f Tanzania shall be entitled to
A non-citizen of Tanzania may get temporary registration if the Council is satisfied about residency, employment purpose, prior practice, and eligibility; the applicant must also file supporting documents with the Registrar.
17.—(1) Aperson who is not a citizen o f Tanzania shall be entitled to a temporary registration if he satisfies the Council that he— (a) is not ordinarily resident in Tanzania; (b) is or intends to be employed in Tanzania in the capacity for which he is applying for the express purpose o f carrying out specific assignment in research, teaching or investing in optometry; and R egistra tion o f p e rso n s qualified outside Tanzania M a in te nance o f R egister o f p e rso n s p ro v i sionally registered Tempo ran r e g i s t r a tion No. 12 Optometry 2007 (c) is or immediately before entering Tanzania was in practice as optometrist or ophthalmic optician and that he is eligible for registration under the provisions o f this Act. (2) Without prejudice to the provisions of subsection (1), a person intending to be temporarily registered or enrolled shall, together with an application form, submit to the Registrar - (a) a certified certificate o f full registration issued by a body established in a country in which he practiced; (b) a certified certificate of good standing issued in the country in which he last practiced; (c) testimonials offered to him by the institution or established institutions in the country in which he last practiced; and (d) a curriculum vitae. (3) A person temporarily registered shall not establish and operate any optometry' facility or clinic. (4) Registration o f person under this section shall remain valid in so far as that person is in the employment in respect o f which a temporary registration was issued and shall cease upon termination o f such employment. (5) Temporary registration granted under this Act shall be for a period of three years but may be renewed. (b) Enrolment - 18 Verify source ↗
( I) There shall be the Roll o f Ophthalmic Opticians which shall
The Registrar must keep and maintain the Roll of Ophthalmic Opticians, and a person is entitled to be enrolled if they meet the stated education or certification evidence conditions.
18.-( I) There shall be the Roll o f Ophthalmic Opticians which shall be kept and maintained by the Registrar. (2) A person shall be entitled to be enrolled as Ophthalmic Optician if- (a) he has successfully completed a course of study leading to an award of a certificate in Ophthalmic Optics; or (b) he produces evidence to the satisfaction for the Council that he is certified or enroled or that he has been and is still entitled to be certified or enrolled as Ophthalmic Optician in any country for the time being prescribed in regulation made under this Act. (3) The Roll shall contain names, addresses, qualifications and other particulars o f Ophthalmic Opticians entitled for enrolment. Qualifica tions for enrol ment as Oph thalmic Optician 2 5 7 No. 12 Procedures for enrolm ent Optometry 2007 - 19 Verify source ↗
(1) A person who wishes to be enrolled under this Act shall
To be enrolled, a person must apply to the Registrar in the prescribed form, include the required documents and fee, and the Registrar must send the application with a recommendation to the Council.
19.—(1) A person who wishes to be enrolled under this Act shall submit an application in the prescribed form to the Registrar. (2) An application under subsection (1), shall be accompanied by- (a) a certified copy or copies o f certificates for academic qualifications; (b) an application fee as may be prescribed; and (c) such other documents containing information as may be required by the Council. (3) The Registrar shall, after receiving an application, refer the application together with his recommendation to the Council for Consideration and determination. (4) The Council may. after consideration of the matter - (a) approve the application and direct the Registrar to enroll the applicant; or (b) rcje c t an ap p lica tio n and direct the Registrar to inform the applicant accordingly stating the reasons for the Council's decision. Tem porary enrolm ent - 20 Verify source ↗
( 1) A person who is not a citizen o f Tanzania shall be entitled to
A non-citizen may get temporary enrolment if the Council is satisfied about residence, employment for research or teaching, and professional practice/eligibility. The applicant must file specified documents with the Registrar, and a temporarily enrolled person must not open or run an optometry facility or clinic.
20.-( 1) A person who is not a citizen o f Tanzania shall be entitled to a temporary enrolment if he satisfies the Council that he - (a) is not ordinarily a resident in Tanzania: (b) is or intends to be employed in Tanzania in the capacity for which he is applying for the express purpose of carrying out specific assignment in research or teaching; and (c) is or immediately before entering Tanzania was in practice as optometrist or ophthalmic optician and that he is eligible for registration or enrolment under the provisions o f this Act. (2) Without prejudice to the provisions o f subsection (1). a person intending to be temporarily enrolled shall, together with an application form, submit to the Registrar - (a) a certified certificate of full registration issued by a recognized body established in a country in which he practiced; (b) a certified certificate of good standing issued in the country in which he last practiced; (c) testimonials offered to him by the institution or established institutions in the country in which he last practiced: and (d) a curriculum vitae. 258 No. 12 Optometry 2007 (3) A person temporari ly enrol led shal 1 not establ ish and operate any optometry facility or clinic. (4) Enrolment o f person under this section shall remain valid in so far as that person is in the employment in respect of which a temporary enrolment was issued and shall cease upon termination of such employment. PART IV C a n c e l l a t i o n a n d S u s p e n s i o n
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