OPTICAL ACT 1991

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 469 OPTICAL ACT 1991 As at 31 March 2026 This text is ONLY AN UPDATED TEXT of the Optical Act 1991 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 OPTICAL ACT 1991 Date of Royal Assent … … … … 2 September 1991 Date of publication in the Gazette … … … … … 12 September 1991 Latest amendment made by P.U. (A) 141/2026 which came into operation on … … … … … 31 March 2026 PREVIOUS REPRINTS First Reprint … … … 2001 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 469 OPTICAL ACT 1991 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II THE MALAYSIAN OPTICAL COUNCIL 3. Establishment of Council 4. Composition of Council 5. Tenure of office 6. Remuneration 7. Citizenship 8. Vacation of office 9. Meetings of the Council 10. Procedure at meetings 11. Committees 12. Public Authorities Protection Act 1948 13. Public servants 14. Power of the Minister to issue directions 15. Returns 4 Laws Of Malaysia ACT 469 PART III REGISTRATION OF OPTICIANS AND OPTOMETRISTS Section 16. Registrar 17. Register 18. Persons entitled to be registered as opticians 19. Persons entitled to be registered as optometrists 20. Mode of registration 21. Council’s disciplinary jurisdiction 22. Disciplinary punishments 23. Inquiry 24. Surrender of certificate of registration 25. Appeals 26. Removal of name by reason of physical or mental infirmity 27. Alterations to the Registers 28. Restoration of name in Register PART IV THE PRACTICE OF OPTOMETRY 29. Only registered persons may practise optometry 30. Council may permit opticians to prescribe and dispense contact lenses 31. Prohibition against the use of drugs to measure powers of vision 32. Annual practising certificate 33. Practising without annual practising certificate PART V GENERAL 34. Fraudulent registration Optical Section 35. Offences 36. Optical appliances 37. General penalty 38. Power to enter premises and examine and seize documents, etc. 39. Conduct of prosecution 40. Body corporate and partnership 41. Power of Minister to amend Schedules 42. Regulations FIRST SCHEDULE SECOND SCHEDULE 5 7 LAWS OF MALAYSIA Act 469 OPTICAL ACT 1991 An Act to provide for the registration of persons practising as opticians and optometrists, to control the practice of optometry, and for matters connected therewith. [Throughout Malaysia; Parts I & II—1 February 1992, P.U. (B) 39/1992; throughout Malaysia; Parts III, IV & V—1 December1992, P.U. (B) 650/1992] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Optical Act 1991. (2) This Act shall come into force on such date as the Minister may appoint by notification in the Gazette, and the Minister may— (a) appoint different commencement dates for different provisions of this Act; (b) appoint different commencement dates for different parts of Malaysia. 8 Laws of Malaysia ACT 469 Interpretation 2. In this Act, unless the context otherwise requires— “Chairman” means Chairman of the Council; “Council” means the Malaysian Optical Council constituted under section 3; “Deputy Director General” means the Deputy Director General of Health, Malaysia; “Director General” means the Director General of Health, Malaysia; “higher educational institution” means a University or University College established under the Universities and University Colleges Act 1971 [Act 30]; “medical practitioner” means a person registered under the Medical Act 1971 [Act 50]; “member” means a member of the Council; “ophthalmic lens” means a lens which is used to correct, remedy or relieve any refractive abnormalities or optical defects of sight; “ophthalmologist” means a person who is registered under the Medical Act 1971 and who specializes in the care of eye conditions; “optical appliance” means an appliance designed to correct, remedy or relieve any refractive abnormalities or optical defects of sight; “optometry” means the employment of methods for the measurement of the powers of vision, or the adaptation of ophthalmic lenses or prisms for the aid of the powers of vision, or both; “Register” means a Register kept in accordance with section 17; Optical 9 “registered optician” means an optician registered under section 18; “registered optometrist” means an optometrist who is registered under section 19; “registered person” means a person registered under section 18 or 19 and includes a person provisionally registered under subsection 18(3); “Registrar” means the Registrar referred to in section 16. PART II THE MALAYSIAN OPTICAL COUNCIL Establishment of Council 3. There is established a body corporate with perpetual succession and a common seal and which may sue and be sued in its name to be called the Malaysian Optical Council. Composition of Council 4. (1) The Council shall consist of the following members: (a) the Director General who shall be the Chairman; (b) the Deputy Director General who shall be the Deputy Chairman; (c) two ophthalmologists resident in Malaysia, one of whom shall be from the public sector, to be appointed by the Minister; (d) two registered optometrists resident in Malaysia to be elected by registered optometrists resident in Malaysia; (e) two registered opticians resident in Malaysia to be elected by registered opticians resident in Malaysia; 10 Laws of Malaysia (f) ACT 469 one representative from any higher educational institution offering a course or programme in optometry, to be appointed by the Minister. (2) Notwithstanding subsection (1), the first Council shall consist of the following members: (a) the Director General who shall be the Chairman; (b) the Deputy Director General who shall be the Deputy Chairman; (c) two ophthalmologists resident in Malaysia, one of whom shall be from the public sector, to be appointed by the Minister; (d) two persons who are resident in Malaysia and are qualified to be registered as optometrists under this Act, to be appointed by the Minister; (e) two persons who are resident in Malaysia and are qualified to be registered as opticians under this Act, to be appointed by the Minister; (f) one representative from any higher educational institution offering a course or programme in optometry, to be appointed by the Minister. (3) If the Chairman is unable to exercise his functions under this Act or any regulations made under this Act due to illness, absence from Malaysia or any other cause, his functions shall be exercised by the Deputy Chairman. (4) Without prejudice to subsection (3), the Chairman may delegate any of his functions to the Deputy Chairman who, in exercising such functions, shall be subject to the control, supervision and direction of the Chairman. Optical 11 Tenure of office 5. (1) Subject to subsection (2), a member who is appointed or elected under subsection 4(1) or (2) shall hold office for a term of three years and is eligible for reappointment or re-election. (2) The Minister shall, in appointing the members referred to in paragraphs 4(2)(c), (d) and (e), ensure that the term of office of one of the members to be appointed under each of such paragraphs expires one year earlier than the term of office of the other member appointed under the same paragraph. (3) Where the office of a member becomes vacant before the expiration of his term of office, the person appointed or elected to fill the vacancy shall hold office for the unexpired portion of the term of office of the member whose office has become vacant. Remuneration 6. (1) Subject to subsection (2), a member is not entitled to be paid in respect of duties or functions performed by him in pursuance of this Act. (2) A member of the Council is entitled to reimbursement for any expenses reasonably incurred by him in the performance of his duties or functions under this Act. Citizenship 7. No person shall be appointed or elected to be a member unless he is a citizen of Malaysia. Vacation of office 8. A member who is appointed or elected under subsection 4(1) or (2) shall be deemed to have vacated his office— (a) if his appointment is terminated; 12 Laws of Malaysia ACT 469 (b) if he becomes an undischarged bankrupt; (c) if he is certified to be of unsound mind; (d) if he has been convicted by a court in Malaysia or elsewhere of any offence involving fraud, dishonesty or moral turpitude, or of any offence punishable with imprisonment (whether in itself only or in addition to or in lieu of a fine) for more than two years; (e) if he resigns his office in writing addressed to the Chairman and the resignation is accepted by the Chairman; (f) if he is absent without leave of the Council for three consecutive meetings of the Council; or (g) if he ceases to be an ophthalmologist, a registered optician or a registered optometrist. Meetings of the Council 9. (1) Subject to subsection (2), a meeting of the Council shall be convened by the Chairman by notice in writing to the other members and the meeting shall be held at the time and place specified in the notice. (2) The Minister may, by notice in writing to each member, direct that a meeting be held at the time and place specified in the notice. (3) The Council shall meet at least once in six months. Procedure at meetings 10. (1) The Chairman, if present, shall preside at all meetings of the Council. (2) If the Chairman is absent from any meeting of the Council, the Deputy Chairman shall preside and if both are absent, the members Optical 13 present at the meeting shall elect one of themselves to preside at that meeting. (3) The Chairman or the Deputy Chairman, when he is presiding at a meeting, shall have a casting vote. (4) At a meeting of the Council, five members constitute a quorum. (5) All questions before a meeting of the Council shall be decided by a simple majority of the members present and voting. (6) Subject to this Act, the procedure of the Council shall be as the Council determines. Committees 11. (1) The Council may appoint committees to assist it in carrying out its functions under this Act. (2) The Council may delegate any of its functions under this Act, other than this power of delegation, to any committee appointed from amongst members of the Council. (3) A delegation under subsection (2) is revocable by the Council and shall not prevent the Council from carrying out any of its functions under this Act. Public Authorities Protection Act 1948 12. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against the Council or against any member, officer, servant or agent of the Council in respect of any act, neglect or default done or committed by him in such capacity. 14 Laws of Malaysia ACT 469 Public servants 13. All members of the Council, while discharging their duties as such members, shall be deemed to be public servants within the meaning of the Penal Code [Act 574]. Power of the Minister to issue directions 14. The Minister may, from time to time, issue general directions not inconsistent with the provisions of this Act and the Council shall give effect to such directions. Returns 15. The Council shall furnish the Minister with all such returns and information with respect to its activities as the Minister may from time to time require. PART III REGISTRATION OF OPTICIANS AND OPTOMETRISTS Registrar 16. (1) For the purposes of this Act there shall be a Registrar. (2) The Director General shall be the Registrar. (3) The Minister may appoint a public office