Statute Details
- Title: Optometrists and Opticians (Exemption from Section 25(1)) Order
- Act Code: OOA2007-OR1
- Type: Subsidiary Legislation (sl)
- Status: Current version (as at 27 Mar 2026)
- Authorising Act: Optometrists and Opticians Act (Cap. 213A), Section 35(1)
- Key operative provision: Exemptions from compliance with Section 25(1) of the Optometrists and Opticians Act
- Schedule: Contains qualification and legislative history context (as reflected in the online extract)
- Key sections in the Order: Sections 2 to 8 (with Section 3 and Section 6–8 highlighted in the metadata)
- Legislative history (from extract):
- 22 Feb 2008: Made as SL 91/2008
- 1 Jun 2009: Amended by S 248/2009
- 15 Aug 2014: Amended by S 538/2014 (effective 15/08/2014)
- 31 Aug 2009: 2009 Revised Edition
What Is This Legislation About?
The Optometrists and Opticians (Exemption from Section 25(1)) Order is a subsidiary legal instrument made under the Optometrists and Opticians Act (Cap. 213A). In plain terms, it creates a set of statutory exemptions from a particular regulatory requirement in the parent Act—specifically, Section 25(1)—for certain categories of people and activities.
Although the extract does not reproduce the text of Section 25(1) itself, the structure of the Order makes clear that Section 25(1) imposes a restriction or licensing/authorisation requirement relating to the performance of specified optometry/optician-related acts or activities. The Order then carves out exceptions for (i) particular practitioners and trainees, (ii) certain suppliers and manufacturers, and (iii) medical professionals acting within their medical practice.
The Order is therefore best understood as a regulatory calibration tool: it ensures that the optometry/optician regulatory regime does not unintentionally capture persons who are already regulated elsewhere (e.g., doctors and nurses), or persons whose activities are commercial/educational in nature (e.g., manufacturers supplying optical appliances), or persons performing limited technical tasks under defined supervision and qualification thresholds.
What Are the Key Provisions?
1. Citation (Section 1)
Section 1 provides the short title: the Order may be cited as the “Optometrists and Opticians (Exemption from section 25(1)) Order.” This is standard but important for legal referencing in pleadings, compliance reviews, and regulatory correspondence.
2. Exemption of licensed contact lens practitioners under the repealed Act (Section 2)
Section 2(1) exempts a person who is “deemed to be registered as an optician” under Section 39(1) of the Optometrists and Opticians Act (in the context of a repealed regime) from Section 25(1) in relation to specified acts or activities—namely items 2, 5 and 6 in Part II of the Schedule to the Act—where those acts relate to contact lenses.
Crucially, Section 2(2) preserves liability: even though the person is exempted from Section 25(1), the exemption does not affect liability in tort or under the Act for professional misconduct or negligence in relation to providing optometry services involving contact lenses. This means the exemption is not a “licence to be careless”; it is a narrow procedural/regulatory exemption that does not remove substantive duties of care and professional standards.
3. Exemption of orthoptists (Section 3)
Section 3 is one of the most practitioner-relevant provisions. It exempts an individual who holds a degree in orthoptics (or an equivalent qualification approved by the Board) from Section 25(1) in relation to the performance of:
- refraction,
- binocular vision tests, and
- visual field tests
to detect abnormalities of a patient’s eye.
However, the exemption is conditional and depends on when the orthoptics degree was obtained. For degrees obtained prior to 1 January 2008, the orthoptist must perform the relevant tests under the supervision of an ophthalmologist or on an ophthalmologist’s patient upon referral from the ophthalmologist.
For degrees obtained on or after 1 January 2008, the orthoptist must satisfy two additional requirements:
- Qualification addition: the person must hold, in addition, any qualification specified in the Schedule (or an equivalent approved by the Board); and
- the person must perform the tests under ophthalmologist supervision or on an ophthalmologist’s patient upon referral.
The 2014 amendment (S 538/2014 effective 15/08/2014) is reflected in the updated wording, indicating that the qualification pathway for post-2008 orthoptists was tightened or clarified. For practitioners and employers, the key compliance point is that the exemption is not automatic—it is tied to both qualification timing and ophthalmologist oversight.
4. Exemption of manufacturers and wholesale dealers in optical appliances and contact lenses (Section 4)
Section 4 exempts a person who is a manufacturer of, or a wholesale dealer in, optical appliances or contact lenses from Section 25(1) in relation to supply of such goods, but only where the goods are supplied in the ordinary course of business to specified categories of recipients:
- optometrists, opticians or ophthalmologists;
- hospitals, clinics, nursing homes or other institutions providing medical or surgical treatment;
- institutions or bodies for education or research;
- Government departments;
- any other person for the sole purpose of export.
This provision is commercially significant: it prevents the optometry/optician regulatory restriction from unintentionally capturing upstream supply chains. It also limits the exemption by recipient type—so a manufacturer supplying directly to the general public (outside the listed categories) could fall outside the exemption.
5. Exemption of suppliers of reading glasses and swimming goggles with optical power (Section 5)
Section 5(1) exempts a person who supplies reading glasses or swimming goggles with optical power from Section 25(1) in relation to that supply. Section 5(2) defines “reading glasses” narrowly as:
- ready-made, non-prescribed,
- biconvex lenses with the same positive spherical power not exceeding 4 dioptres, and
- used solely to correct, remedy or relieve presbyopia.
For compliance, the dioptre limit (≤ 4 dioptres), the “ready-made, non-prescribed” requirement, and the presbyopia-only purpose are all material. Suppliers should ensure product specifications and marketing claims align with the statutory definition; otherwise, the exemption may not apply.
6. Exemption of registered medical practitioners (Section 6)
Section 6 exempts a medical practitioner registered under the Medical Registration Act (Cap. 174) from Section 25(1) in relation to acts or activities specified in Part II of the Schedule to the Act, where those acts are carried out as part of the practice of medicine.
This is a classic “no double regulation” approach: doctors are already regulated under the medical registration framework, and the Order recognises that certain eye-related assessments or procedures may be part of medical practice. The exemption is functional and context-dependent—if the acts are not carried out as part of medical practice, the exemption could be contested.
7. Exemption of medical students (Section 7)
Section 7 exempts a person undergoing a course of instruction to obtain a degree in medicine and surgery from the National University of Singapore from Section 25(1) in relation to acts or activities specified in item 3 of Part II of the Schedule, where carried out as part of the course of instruction.
This provision supports clinical training and supervised learning. It is limited by (i) the educational institution (NUS) and (ii) the fact that the activities must be part of the course of instruction.
8. Exemption of registered nurses (Section 8)
Section 8 exempts a registered nurse under the Nurses and Midwives Act (Cap. 209) from Section 25(1) in relation to acts or activities specified in item 3(a) of Part II of the Schedule, where carried out under the supervision of a medical practitioner registered under the Medical Registration Act.
This provision is also supervision-based. It reflects a policy that certain technical tasks may be performed by nurses only within a medically supervised framework, thereby reducing risk and ensuring accountability.
How Is This Legislation Structured?
The Order is structured as a short instrument with:
- Section 1 (Citation);
- Sections 2 to 8 (substantive exemptions), each addressing a different category of person or activity; and
- A “Schedule” referenced for qualifications and legislative history context (and, in Section 3, for additional qualifications required for orthoptists obtaining degrees on or after 1 January 2008).
In practice, the operative mechanism is consistent: each exemption identifies (i) the exempted person/activity, (ii) the scope of acts or activities affected by Section 25(1), and (iii) any conditions (supervision, referral, qualification thresholds, recipient categories, or product definitions).
Who Does This Legislation Apply To?
The Order applies to a defined set of persons and entities that would otherwise be subject to Section 25(1) of the Optometrists and Opticians Act. It includes: (a) certain “deemed registered” contact lens practitioners under the transitional framework; (b) orthoptists meeting qualification and supervision/referral conditions; (c) manufacturers and wholesale dealers supplying optical appliances/contact lenses to specified recipient classes; (d) suppliers of defined reading glasses and optical-power swimming goggles; (e) registered medical practitioners; (f) medical students at NUS; and (g) registered nurses acting under medical supervision.
It is important to note that the exemptions are not blanket. Many are conditional on the nature of the activity (e.g., contact lenses), the context (e.g., part of medical practice or course instruction), or the presence of oversight (ophthalmologist or medical practitioner supervision). Practitioners should therefore assess exemptions on a fact-specific basis rather than assuming that registration status alone automatically confers exemption.
Why Is This Legislation Important?
This Order is important because it clarifies the boundary between the optometry/optician regulatory regime and other regulated professions and commercial activities. For lawyers advising healthcare providers, optical businesses, and training institutions, it provides a structured list of when Section 25(1) does not apply.
From an enforcement and risk perspective, the Order also demonstrates that exemptions do not eliminate professional responsibility. The express preservation of tort and statutory liability in Section 2(2) is a strong signal that regulators and courts will still hold exempted persons to professional standards where negligence or misconduct occurs.
Practically, the orthoptist supervision/referral requirements in Section 3 and the medical supervision requirement in Section 8 are likely to be the most litigated compliance points in day-to-day operations. Employers and clinical directors should ensure that referral pathways, supervision arrangements, and qualification documentation are maintained to support reliance on the exemption.
Related Legislation
- Optometrists and Opticians Act (Cap. 213A) — particularly Section 25(1) and Section 35(1) (authorising the Order)
- Medical Registration Act (Cap. 174)
- Nurses and Midwives Act (Cap. 209)
- Opticians Act (referenced in the metadata as related; relevant historically/transitionally)
Source Documents
This article provides an overview of the Optometrists and Opticians (Exemption from Section 25(1)) Order for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.