H 3543 Session 112 (1997-1998)
H 3543 General Bill, By Kirsh
Similar(S 358)
A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND
ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND
OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE
LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT
THERAPEUTICALLY-CERTIFIED, OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE
ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.
02/26/97 House Introduced and read first time HJ-12
02/26/97 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-12
A BILL
TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO
AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND
ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK
ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL
BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER
PROVIDE FOR THE LICENSURE AND REGULATION OF
OPTOMETRISTS INCLUDING CLARIFYING THAT
THERAPEUTICALLY-CERTIFIED, OPTOMETRIC EDUCATION
COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL
RATHER THAN AFTER GRADUATION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 37, Title 40 of the 1976 Code is amended to
read:
"CHAPTER 37
Optometrists
Section 40-37-10. Any person shall be deemed to be
practicing optometry within the meaning of this chapter who shall:
(1) Display a sign or in any way advertise as an
optometrist;
(2) Employ any means, other than the use of
drugs except as provided in this chapter, for the measurement of the
powers of vision or the adaptation of lenses for the aid of vision;
(3) In the sale of spectacles, eyeglasses, or
lenses, use lenses in the testing of the eye therefor other than lenses
actually sold;
(4) Examine the human eye by the employment
of any subjective or objective physical means, without the use of
drugs except as provided in this chapter, to ascertain the presence of
defects or abnormal conditions for the purpose of relieving them by
the use of lenses, prisms, or other physical or mechanical means; or
(5) Practice orthoptics or prescribe or fit contact
lenses.
Section 40-37-20. (A) There is created the
South Carolina Board of Examiners in Optometry which consists of
seven members. Five members must be licensed optometrists
appointed by the Governor upon nomination by all licensed
optometrists in this State through an election conducted by the board.
The Governor may reject any or all of those nominated upon
satisfactory showing of the unfitness of those rejected. If the
Governor declines to appoint any of the nominees submitted,
additional nominees must be submitted in the same manner.
Vacancies must be filled in like manner by appointment by the
Governor for the unexpired portion of the term. Two members of the
board must be members of the general public who do not derive their
income or support from any optical or related business or who are
not related to any members of these professions. These public
members may be nominated by any individual, group, or association,
and are appointed by the Governor.
(B) The board is responsible for examining
applicants for optometric licenses and for diagnostic and therapeutic
certifications, for investigating complaints, and for investigating and
prosecuting violations of this chapter.
(C) The members of the board are appointed for
terms of four years and until their successors are appointed and
qualify. No person may serve more than two consecutive four-year
terms on the board, except that if a person is appointed to fill an
unexpired term on the board, the person may be reappointed for two
additional four-year terms. The Governor may remove a member of
the board who has been guilty of continued neglect of board duties
or who is found to be incompetent or for just cause. No member may
be removed without first giving the member an opportunity to refute
the charges filed against the member, who must be given a copy of
the charges at the time they are filed.
Section 40-37-30. The members of the board shall
qualify by taking the oath of office before a notary public or other
officer empowered to administer oaths in the county in which each
one, respectively, resides. At the first meeting of the board, after each
annual appointment, the board shall elect a president, vice-president
and secretary-treasurer. A majority of members of the board shall
constitute a quorum. Regular meetings shall be held at least once a
year, at such time and place as shall be deemed most convenient.
Special meetings may be held upon the call of the president.
If a board member is disqualified and his absence results in
the lack of a quorum or an adequate number of board members to
perform official functions, then the Governor is authorized to
deputize an individual to replace the disqualified board member
during the period of disqualification. The individual deputized must
take the same oath as required of other members of the board.
Section 40-37-40. Each member may receive for
his services and expenses such per diem and mileage as is provided
by law for members of state boards, commissions and committees for
each day actually engaged in the duties of his office, including a
reasonable number of days for the preparation and reviewing of
examinations, in addition to such time actually spent in conducting
examinations.
Section 40-37-50. The South Carolina
Board of Examiners in Optometry may adopt an official seal,
prescribe regulations and bylaws for its proceedings and government
and for the practice of optometry and for the examination of
applicants for the practice of optometry.
The board or any member thereof may administer oaths for
all purposes requiring the discharge of its duties. For the purpose of
any investigation or proceeding under the provisions of this chapter,
the board or any person designated by it may subpoena witnesses,
take evidence, and require the production of any documents or
records which the board deems relevant to the inquiry. In the case of
contumacy by or refusal to obey a subpoena issued to any person, an
administrative law judge as provided under Article 5 of Chapter 23
of Title 1, upon application of the board may issue an order requiring
the person to appear before the board, or a person designated by it,
and produce documentary evidence and to give other evidence
concerning the matter under inquiry.
Section 40-37-60. All revenues and income
from licenses, examination fees, other fees, sale of commodities and
services, and income derived from any other board source or activity
shall be remitted to the State Treasurer as collected, when practicable,
but at least once each week, and shall be credited to the general fund
of the State. All assessments, fees, or licenses shall be levied pursuant
to the Administrative Procedures Act in an amount sufficient to at
least equal the amount appropriated in the annual general
appropriations act for the board, plus any additional funds allocated
by the Budget and Control Board for implementation of the state's
personnel compensation plan.
Section 40-37-70. The board shall make an
annual report in accordance with the provisions of Chapter 73, Title
40 of the 1976 Code.
Section 40-37-80. Any person desiring to be
examined by the board must make application to the board, in a
manner prescribed by the board, at least thirty days prior to the
holding of the examination. Each applicant on making application
shall pay to the board a fee as determined by regulation of the board.
Section 40-37-90. (A) A person is qualified to
receive a certificate of registration as a registered optometrist who:
(1) has a minimum of two academic years at an
accredited college or university;
(2) was graduated from an accredited school or
college of optometry which required four years' attendance and which
grants the degree of doctor of optometry (O.D.), provided all schools
and courses are approved by the board;
(3) has satisfactorily passed an examination
recognized by the board; or has passed the National Board of
Optometry Examination or an equivalent examination and has
practiced for five years in another state or states and is in good
standing in the state in which he was last actively engaged in the
practice of optometry;
(4) has satisfied all of the requirements to be
therapeutically certified as provided for in Section 40-37-103(B);
(5) has not been convicted of a felony or
misdemeanor involving moral turpitude; the record of conviction or
a copy of the conviction certified by the clerk of the court in which
the conviction occurred is conclusive evidence of the conviction.
(B) Notwithstanding subsection (A)(4) an
optometrist who holds a valid registration or who is diagnostically
certified pursuant to Section 40-37-103(A) is not required to be
therapeutically certified as a condition of maintaining the registration
or diagnostic certification or obtaining renewal.
Section 40-37-100. Every applicant to practice
optometry in this State shall pass the examination of the National
Board of Optometry, or if such is not available, an equivalent
examination prepared or selected by the board. The board may also
require a relevant practical or oral examination which shall not be
substantially duplicative of the National Board examination.
Section 40-37-103. (A) The board shall certify a
licensed optometrist as a diagnostically certified optometrist if the
optometrist has:
(1) complied with the educational requirements
promulgated by the board; and
(2) passed a pharmaceutical agent examination
which must be approved by the board
(B) The board shall certify a licensed optometrist
as a therapeutically certified optometrist if the optometrist has:
(1) satisfied the requirements for diagnostic
certification;
(2) assed the Treatment and Management of
Ocular Disease Examination approved by the National Board of
Examiners in Optometry;
(3) taken at least one hundred ten hours of
board-approved optometric education courses since December 31,
1988, and after graduation from optometry school, of which at least
forty hours must have been clinical instruction specifically related to
the diagnosis and treatment of glaucoma and must have been taken
under the supervision of an ophthalmologist who must submit a
written certification to the Board of Examiners in Optometry that the
optometrist has completed the forty hours of clinical instruction
required by this item;
(4) submitted to the board an affidavit stating
that the optometrist has had at least twelve hundred hours of clinical
training.
Section 40-37-105. (A) Notwithstanding
any other provision of law, a diagnostically certified optometrist may
purchase, possess, and administer pharmaceutical agents, including
pharmaceutical agents for topical application, other than controlled
substances as defined in Section 44-53-110, for diagnostic purposes
in the practice of optometry. For the purposes of this section,
"pharmaceutical agent" means: anesthetics, mydriatics,
cycloplegics, miotics, dyes, and over-the-counter drugs. Miotics may
be used only pursuant to the following restrictions:
(1) miotics may not be used for treatment
purposes;
(2) miotics may be used only for emergency
purposes involving the buildup of pressure within the eyeball and
immediately upon this emergency use the optometrist shall refer the
patient to an ophthalmologist and file with the South Carolina Board
of Examiners in Optometry a written report of the incident in the
manner prescribed by the board by regulation; and the South Carolina
Board of Examiners in Optometry shall ensure that the quality and
quantity of miotics possessed by a diagnostically certified optometrist
is consistent with the use of miotics only for emergency purposes
involving the buildup of pressure within the eyeball.
(B) Notwithstanding any other provision of law, a
therapeutically certified optometrist may purchase, possess,
administer, supply, and prescribe pharmaceutical agents, other than
Schedule I and II controlled substances as defined in Section
44-53-110, for diagnostic and therapeutic purposes in the practice of
optometry, except that:
(1) when prescribing oral medications a
therapeutically certified optometrist is limited to these oral
pharmaceutical agents: antihistamines, antimicrobial, antiglaucoma,
over-the-counter drugs, and analgesics and may only prescribe these
pharmaceutical agents for the treatment of ocular and ocular adnexal
eye disease;
(2) when prescribing oral pharmaceutical
agents, documentation must be made in the patient's chart;
(3) when prescribing analgesics, the prescription
must be limited to a seven-day supply;
(4) when prescribing topical steroids, if after ten
days of treatment it is necessary to continue this medication, the
optometrist shall communicate and collaborate with an
ophthalmologist, and if after twenty-one days of treatment it is
necessary to continue this medication, the optometrist must refer the
patient to an ophthalmologist;
(5) when treating glaucoma using beta blocking
pharmaceutical agents, a therapeutically certified optometrist must
consult personally with or refer to a family practitioner, general
practitioner, internist, or other appropriate physician;
(6) no medications may be given by injection or
intravenously.
Section 40-37-106. (A) An optometrist
may not establish a pharmacy in an optometry office or sell
pharmaceutical agents prescribed in treatment unless there is a
licensed pharmacist on staff and present when these prescriptions are
filled. However, nothing in this section or in any other provision of
law prohibits an optometrist who is diagnostically certified from
administering pharmaceutical agents to a patient or an optometrist
who is therapeutically certified from administering or supplying
pharmaceutical agents to a patient, without charge for the
pharmaceutical agents, to initiate appropriate treatment.
(B) Notwithstanding subsection (A) or any other
provision of law, an optometrist may purchase, possess, administer,
sell, prescribe, or dispense contact lenses, contact lens solutions, and
topically applied dyes.
Section 40-37-107. (A) In the
diagnosis or treatment of eye disease an optometrist, using judgment
and that degree of skill, care, knowledge, and attention ordinarily
possessed and exercised by optometrists in good standing under like
circumstances, shall refer a patient to an appropriate medical or
osteopathic doctor including, but not limited to, corneal, glaucoma,
or retinal opthamological specialists when additional evaluation or
treatment is necessary. However, an optometrist who is not
therapeutically certified may refer a patient to a therapeutically
certified optometrist when additional evaluation or treatment is
necessary or to a medical or osteopathic doctor as provided for in this
section, and any optometrist may refer a patient to another
optometrist for the purpose of fitting or dispensing eye glasses,
contact lenses, or low vision aids. The South Carolina Board of
Examiners in Optometry shall promulgate regulations for the
maintenance of records of referrals by optometrists in accordance
with this section.
(B) Notwithstanding subsection (A) in treating and
managing glaucoma, a therapeutically certified optometrist must
strive to achieve a stable range of intraocular pressures considered
unlikely to cause further optic nerve damage in that patient. Once
this range of pressures is selected based on conditions presented by
the patient, the therapeutically certified optometrist must enter this
range in the patient's chart. If no progress is achieved in realizing the
selected range of pressures within sixty days of initiating treatment,
the optometrist shall refer the patient to an ophthalmologist.
However, when treating acute angle closure glaucoma, a
therapeutically certified optometrist shall immediately initiate
treatment and make an appropriate referral to an ophthalmologist.
(C) An optometrist is prohibited from performing
surgery. For purposes of this subsection surgery includes, but is not
limited to, an invasive procedure using instruments which requires
closure by suturing, clamping, or other similar devices or a procedure
in which the presence or assistance of a nurse anesthetist or an
anesthesiologist is required. Laser surgery is prohibited. However,
nothing in subsection (A), this subsection, or any other provision of
law may be construed to prohibit an optometrist from removing
superficial ocular and ocular adnexal foreign bodies; removal of other
foreign bodies must be referred to an ophthalmologist.
Section 40-37-108. A therapeutically certified
optometrist must be held to the same standard of care as persons
licensed under Title 40, Chapter 47, Physicians, Surgeons and
Osteopaths and shall maintain a minimum of one million dollars in
malpractice insurance coverage.
Section 40-37-10 9. For purposes of this chapter
"supply" is limited to pharmaceutical agents given to a
patient by a therapeutically-certified optometrist for the purpose of
initiating treatment until the patient's prescription can be filled by a
registered pharmacist.
Section 40-37-110. All persons
successfully meeting the requirements of licensure shall be numbered
and registered in the board's register, which shall be kept by the
secretary of the board upon payment to the secretary of the board of
a fee established by regulation sufficient to cover the costs of
printing, publication, and processing of the certificate.
Section 40-37-120. Every person to whom a
certificate of registration is granted under this chapter shall display
it in a conspicuous place in his principal place of practice. A
duplicate, certified by the secretary of the board, shall be displayed
in any secondary place of practice.
Section 40-37-130. Any failure, neglect, or
refusal on the part of any person holding such a certificate of
registration to display it as herein provided, for three months after the
issuance of such certificate, shall ipso facto work the forfeiture of
such certificate of registration and it shall not be restored except upon
the payment of twenty-five dollars to the board.
Section 40-37-140. (A) An optometrist
practicing in this State who desires to continue to be licensed
annually shall pay before the second day of October of each year a
renewal fee to be fixed by regulation. In case of default in making
this payment the license of an optometrist is automatically terminated
provided the board gives the licensee thirty days' notice in writing
before the imposition of the mandatory termination. The deposit of
this notice in the United States Post Office addressed to the licensee
at the licensee's last current address as registered with the board, with
postage prepaid, is due and legal service of the notice. If within the
thirty-day period the licensee pays a penalty that the board may
impose, not to exceed fifty dollars, and the renewal fee, the license
must be renewed. A person whose license is terminated because of
a failure to pay a renewal fee may apply to have it reinstated upon
payment to the board of all renewal fees that should have been paid
had the license remained active and a penalty of one hundred dollars.
If the license has lapsed for more than two years, the licensee shall
appear before the board who shall then determine whether or upon
what conditions the license may be reinstated.
(B) An optometrist annually shall attend a
minimum of twenty hours of continuing educational courses or
meetings. The instruction must be on subjects relative to optometry,
exclusive of office management or administration, at board-approved
and recognized educational seminars and courses or accredited
institutions of learning. For optometrists diagnostically or
therapeutically certified, eight of the twenty hours must be
pharmacology related. Satisfactory proof of compliance with this
requirement is a prerequisite for annual license renewal.
Section 40-37-150. Any person licensed to
practice the profession of optometry in this State who is serving in
the armed forces of the United States in time of war or preparation for
war during any national emergency shall not thereby forfeit his
current license or registration. Any such person who has paid an
annual renewal registration fee shall be refunded that portion of such
annual renewal fee for the time that he has served in the armed forces
of the nation. Any such person, upon presentation of his discharge
from such service within one year from the date thereof and upon
payment of the fee prescribed by law for the portion of the current
renewal period only, shall be entitled to a renewal of his license or
registration as though such renewal had been made prior to the
expiration of his last preceding renewal and as though all
intermediate renewal fees had been paid.
Section 40-37-160. Whenever it is required by
law that a visual test of the eye be made or optometric care of the eye
be required of any person by any school or college, state or county
board or other agency of the government, such test or care may be
made or had by an optometrist duly licensed in this State. When any
person is required to furnish evidence of visual efficiency a report of
any such optometrist shall be a compliance with the law requiring
such certificate or report.
All agencies of the State and its subdivisions, and all
commissions, clinics, and boards administering relief, public
assistance, public welfare assistance, social security or health services
under the laws of this State, shall accept the services of licensed
optometrists for all services that they are licensed to perform relating
to any person receiving benefits from such agencies or subdivisions.
All of the governmental agencies or agents, officials or employees
thereof, including the public schools, may counsel with and advise
the persons needing eye care as to the type of service needed and as
to those qualified to render such service, but no attempt shall be made
to steer an individual seeking vision care to either an optometrist or
a physician. The patient shall be given free choice in his selection of
a specialist to serve his vision-care needs, in examinations, vision
screening, or other vision services. Provided, that an exception shall
be made in emergency cases of obvious eye injury or disease where
delay in obtaining the services of a physician might endanger the
patient's visual health. Provided, further, that in recognized
instances of disease or anomalies disclosed in the original physical
evaluation by the State agency, such cases may be referred directly
to specialists, ophthalmologists or optometrists as deemed
appropriate by the evaluating agency.
There shall be no differential in the fee schedule for
vision-care services, whether performed by an optometrist or a
physician, that is, for like services common to both professions.
No funds appropriated for vision care shall be used by any
agency that practices discrimination between a licensed optometrist
or a licensed physician.
Nothing in this section shall prevent a nurse, school
teacher, or welfare worker, employed in public service, from
ascertaining the probable need of visual services, provided such
person does not attempt to diagnose or prescribe or to recommend
any particular practitioner or system of practice.
Section 40-37-170. Any person practicing
optometry shall be prohibited from using the prefix
"Doctor" to his name, unless he has received a degree
from a duly accredited college, authorized to grant the title.
Section 40-37-180. It is unlawful for any person
to disseminate, directly or indirectly, or cause to be disseminated any
untruthful, deceptive advertisement or representation concerning eye
examinations, ophthalmic goods, ophthalmic services, or the practice
of optometry. In addition, it is unlawful for a person, partnership, or
corporation to disseminate, directly or indirectly, or cause to be
disseminated any untruthful, impossible, improbable, misleading, or
deceptive advertisement or representation concerning the terms,
guarantee, or warranty which relates to the procurement of
ophthalmic goods or services.
It is unlawful for a person to offer or give eye
examinations, eyeglasses, spectacles, lenses, or any part used in
connection with them, as a premium or bonus with merchandise or
in any other manner to induce trade. The provisions of this section
do not prohibit giving ophthalmic products incidental to the use of
the product being offered nor the offering of a reduced price, sale, or
discount on purchases if the following disclosures are made with the
offer:
(1) If the offered price is represented as being
a reduced price, sale price, or discounted price, the offer must
disclose whether the reduced price, sale price, or discounted price is
from the offeror's regular selling price, or must disclose any other
price and its source which serves as the standard from which the
offeror represents the offered price as being a reduced price, sale
price, or discounted price.
(2) The date the offer terminates.
It is unlawful for a person to disseminate price information
concerning ophthalmic goods and services without including:
(a) hether an advertised price for eyeglasses
includes single vision or multi-focal lenses;
(b) whether an advertised price for contact
lenses refers to hard or soft contact lenses;
(c) whether an advertised price for
ophthalmic materials includes all dispensing fees;
(d) whether an advertised price for
ophthalmic materials includes an eye examination;
(e) whether an advertised price for eyeglasses
includes both frame and lenses.
Nothing in this chapter prevents a person from using
third-party solicitation which does not involve uninvited, in-person
solicitation of persons who, because of their particular circumstances,
may be vulnerable to undue influences.
Nothing in this chapter prevents a person from making
truthful, nondeceptive claims of qualifications and professional
affiliations.
Section 40-37-200. It shall be unlawful for any
such licensee to permit his license to be used by any unlicensed
person and shall be a violation of the terms hereof for any unlicensed
person to practice or attempt to practice or conduct his business under
the rights and privileges conferred upon some other person duly
licensed. Notwithstanding any other provision of law, an optometrist
may delegate tasks to his assistants working under his direct
supervision. As used herein, "direct supervision" means
that a licensed optometrist shall be on the premises at all times.
Nothing herein shall preclude such optometrist from being absent
from the practice for reasonable periods during the working day, such
as lunch or other customary, practice-related absences. No contact
lenses shall be dispensed during his absence. Provided, however,
that under no circumstances will these assistants be allowed to make
a refraction for eyeglasses or give a contact lens fitting. Provided,
however, nothing herein shall be construed to interfere with the
operation of offices in accordance with Section 40-37-290.
Section 40-37-220. (A) The board shall
receive complaints by any person against a licensed optometrist and
shall require a complaint to be submitted in written form. Upon
receipt of the complaint the secretary or another person as the
president may designate shall investigate the allegations in the
complaint and make a report to the board concerning the
investigation. If the board proceeds further, it may file a formal
accusation charging the optometrist with a violation of a provision of
this chapter. The accusation must be signed by the president or the
vice-president on behalf of the board. When the accusation is filed
and the board sets a date for hearing, the secretary of the board shall
notify the accused in writing not fewer than thirty days before the
hearing and a copy of the accusation must be attached to the notice.
The accused may appear and show cause why his license should not
be suspended or revoked. The accused has the right to be confronted
with and to cross-examine the witnesses, and he has the right to
counsel. For the purposes of these hearings, the board is empowered
to require by subpoena the attendance of witnesses, the production of
documents, and to administer oaths and hear testimony, either oral or
documentary, for and against the accused. In instances where a board
member has made the initial investigation or complaint, the board
member may not sit with the board at the hearing of the complaint.
(B) The notice required by subsection (A) may be
sent to the accused by certified mail, return receipt requested,
directed to the last mailing address furnished to the board. The post
office registration receipt signed by the accused, the accused's agent,
or a responsible member of the accused's household, or office staff,
or, if not accepted by the person to whom addressed, the postal
authority stamp showing the notice "refused" is prima
facie evidence of service of the notice.
(C) All investigations and proceedings undertaken
under the provisions of this chapter are confidential.
Every communication, whether oral or written, made by or
on behalf of a complainant to the board or its agents or a hearing
panel or a member of a hearing panel, pursuant to this chapter
whether by way of complaint or testimony, is privileged; and no
action or proceeding, civil or criminal, may be brought against a
person, by whom or on whose behalf the communication was made.
Section 40-37-215. The board may revoke,
suspend, reprimand, or otherwise restrict the license of any
optometrist when it is established that the license holder is guilty of
misconduct as defined herein.
Misconduct which constitutes grounds for a revocation,
suspension, reprimand, or other restriction of a license or a limitation
on or other discipline of an optometrist shall be a satisfactory
showing to the board of any of the following:
(1) That any false, fraudulent, or forged
statement or document has been used, and any fraudulent, deceitful,
or dishonest act has been practiced by the holder of a license or
certificate in connection with any of the license requirements.
(2) That the holder of a license has been
convicted of a felony or any other crime involving moral turpitude.
Forfeiture of a bond or a plea of nolo contendere shall be considered
as the equivalent of a conviction.
(3) That the holder of a license practiced
optometry while under either the influence of alcohol or drugs to
such a degree as to adversely affect his ability to practice optometry.
(4) That the holder of a license uses alcohol or
drugs to such a degree as to adversely affect his ability to practice
optometry.
(5) That the holder of a license has knowingly
performed any act which in any way assists a person to practice
optometry illegally.
(6) That the holder of a license has caused to be
published or circulated directly or indirectly any fraudulent, false, or
misleading statements as to the skill or methods of practice of any
optometrist.
(7) That the holder of a license has failed to
provide and maintain reasonable sanitary facilities.
(8) That the holder of a license has sustained
any physical or mental impairment or disability which renders further
practice by him dangerous to the public.
(9) That the holder of a license has violated the
principles of ethics as adopted by the board and published in their
Rules and Regulations.
(10) That the holder of a license has engaged
in conduct that is deceptive, fraudulent, or harmful to the public.
(11) That the holder of a license is guilty of
obtaining fees or assisting in obtaining such fees under deceptive,
false, or fraudulent circumstances.
(12) That the holder of a license is guilty of the
use of any intentionally false of fraudulent statement in any document
connected with the practice of optometry.
(13) That the holder of a license has been
found by the board to lack the professional competence to practice
optometry.
(14) That the holder of a license has violated
any provision of this chapter regulating the practice of optometry.
(15) That the holder of a license has been
guilty of using third-party solicitation which is untruthful, deceptive,
and coercive to obtain patronage.
In addition to all other remedies and actions incorporated
in this chapter, the license of an optometrist adjudged mentally
incompetent by any court of competent jurisdiction shall be
automatically suspended by the board until he is adjudged by a court
of competent jurisdiction or in any other manner provided by law as
being restored to mental competency.
Section 40-37-230. If the board shall be satisfied
that the optometrist is guilty of any offense charged in the formal
accusation provided for in this chapter, it shall thereupon revoke,
suspend, reprimand, or otherwise take any other reasonable action
short of revocation or suspension, such as requiring the licensee to
undertake additional professional training subject to the direction and
supervision of the board. The board may also impose such restraint
upon the licensee as circumstances warrant until the licensee
demonstrates to the board adequate professional competence. In all
cases where disciplinary action is taken by the board, written notice
of such action shall then be mailed by the secretary of the board to
the accused at his last known address as provided to the board.
Any decision by the board to revoke, suspend, or otherwise
restrict the license shall be by majority vote of the entire board
qualified and serving at the time and shall be subject to review by an
administrative law judge as provided under Article 5 of Chapter 23
of Title 1 upon petition filed by the licensee with an administrative
law judge as provided under Article 5 of Chapter 23 of Title 1 and a
copy thereof served upon the secretary of the board within thirty days
from the date of delivery of the board's decision to the licensee. Such
review shall be limited to the record established by the board's
hearing.
Section 40-37-240. It shall be unlawful for any
person to practice optometry within the meaning of this chapter in
violation of the provisions hereof and any person committing such a
violation shall, upon conviction, be fined not more than one thousand
dollars or imprisoned not more than two years, or both, in the
discretion of the court. Each violation shall constitute a separate
offense. The penalties provided in this section shall apply to any
corporation, association or person aiding and abetting in a violation.
Any person violating any other of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction in a
court of competent jurisdiction, be punished by a fine of not less than
twenty-five dollars and not exceeding one hundred dollars or by
imprisonment for not less than twenty days and not exceeding thirty
days.
Section 40-37-250. The possession of optical
supplies or instruments, equipment or appliances for the examination
of the eye shall be prima facie evidence of working as an optometrist
for conviction under the provisions of this chapter.
Section 40-37-260. The possession of optical
supplies or instruments, equipment or appliances for the examination
of the eye shall be prima facie evidence of working as an optometrist
for conviction under the provisions of this chapter.
Section 40-37-270. Nothing contained in this
chapter or any other provision of law shall be construed as restricting
or setting the price that may be charged for eyeglasses.
Section 40-37-280. Nothing in this chapter or any
other provision of law shall be construed to prevent an optometrist
licensed under this chapter from maintaining and operating a
laboratory required for his private professional practice.
Section 40-37-290. (A) Nothing in this
chapter may be construed to limit the number or to prescribe or
restrict the location of offices each individual optometrist or group of
optometrists may operate. Every optometrist must display a separate
registration certified by the board in each location in which the
optometrist practices. Duplicate registrations may be obtained from
the board by filing an application on a form prescribed by the board
and paying the prescribed fees.
(B) Each office shall post in a conspicuous place
the office hours that will be maintained. Office hours must be
determined as those hours in which a licensed optometrist is actually
present on the premises. This section may not prevent the office from
being open for the purpose of accepting appointments or payments or
performing other duties that by law do not require the presence of a
licensed optometrist. Advertisements or any other public
announcement of office hours must specify those hours in which a
licensed optometrist is present on the premises.
Mobile units may be used. However, an optometrist
practicing in a mobile unit shall obtain a registration for the mobile
unit from the board. A mobile unit must be limited to visiting and
providing services to licensed health care facilities within the State.
(C) Notwithstanding the provisions of subsection
(A), the board may promulgate regulations regarding optometrists'
offices so as to provide for:
(1) adequate and appropriate office facilities for
the practice of optometry;
(2) the proper handling of patient records; and
(3) appropriate sanitation for office facilities.
Section 40-37-300. No member of the Board, or
its Secretary, its committees, special examiners, agents, and
employees shall be held liable for acts performed in the course of
official duties except where actual malice is shown.
Section 40-37-5. Unless otherwise provided for in this chapter,
Article 1, Chapter 1 of Title 40 applies to optometrists regulated by
the Department of Labor, Licensing and Regulation. If there is a
conflict between this chapter and Article 1, Chapter 1 of Title 40, the
provisions of this chapter control.
Section 40-37-10. (A) There is created the South Carolina Board
of Examiners in Optometry which consists of seven members. Five
members must be licensed optometrists appointed by the Governor
upon nomination by all licensed optometrists in this State through an
election conducted by the board. The Governor may reject any or all
of those nominated upon satisfactory showing of the unfitness of
those rejected. If the Governor declines to appoint any of the
nominees submitted, additional nominees must be submitted in the
same manner as the initial nominees. Vacancies must be filled in the
manner of the original appointment for the unexpired portion of the
term. Two members of the board must be members of the general
public who do not derive their income or support from any optical or
optical-related business and who are not related to an optometrist or
a person engaged in an optical-related business. These members from
the general public may be nominated by an individual, group, or
association, and appointed by the Governor in accordance with
Section 40-1-45.
(B) The members of the board serve terms of four years and until
their successors are appointed and qualify. No person may serve more
than two consecutive four-year terms except that if a person is
appointed to fill an unexpired term on the board, the person may be
reappointed for two additional four year terms. The Governor may
remove a member of the board in accordance with Section 1-3-240.
No member may be removed without first giving the member an
opportunity to refute the charges filed against the member, who must
be given a copy of the charges at the time they are filed.
(C) The board is responsible for examining applicants for
optometric licenses and for diagnostic and therapeutic certifications,
for investigating complaints, and for investigating and prosecuting
violations of this chapter.
Section 40-37-20. (A) A person is deemed to be practicing
optometry within the meaning of this chapter if the person:
(1) displays a sign or in any way advertises as an optometrist;
(2) employs any means, other than the use of drugs except as
provided in this chapter, for the measurement of the powers of vision
or the adaptation of lenses for the aid of vision;
(3) uses lenses in the testing of the eye in the sale of spectacles,
eyeglasses, or lenses other than lenses actually sold; (4) examines
the human eye by the employment of any subjective or objective
physical means, without the use of drugs except as provided in this
chapter, to ascertain the presence of defects or abnormal conditions
for the purpose of relieving them by the use of lenses, light, prisms,
or other physical or mechanical means;
(5) practices orthoptics or prescribes contact lenses; or
(6) utilizes pharmaceutical agents for diagnostic and therapeutic
purposes in the practice of optometry as in accordance with the
provisions of this chapter.
(B) As used in this chapter:
(1) 'Board' means the South Carolina Board of Examiners in
Optometry.
(2) 'Direct supervision' means that, with regard to a supervisor
the licensed optometrist must be on the premises at all times.
Section 40-37-30. It is unlawful for a person to practice optometry
in this State without being licensed in accordance with this chapter.
Section 40-37-50. The board must be administered by the
Department of Labor, Licensing and Regulation in accordance with
Article 1, Chapter 1, Title 40.
Section 40-37-60. The board may adopt an official seal and may
adopt bylaws governing its proceedings and may promulgate
regulations for the practice of optometry and for the examination of
applicants for the practice of optometry.
Section 40-37-70. The board is responsible for examining
applicants for optometric licenses and for diagnostic and therapeutic
certifications, for investigating complaints, and for investigating and
prosecuting violations of this chapter.
Section 40-37-80. For the purpose of conducting an investigation
or proceeding under this chapter, the board or a person designated by
the board may subpoena witnesses, take evidence, and require the
production of any documents or records which the board considers
relevant to the inquiry.
Section 40-37-90. If a board member files a complaint or conducts
the initial investigation, the board member must not participate in the
capacity as a board member at the hearing of the complaint.
Section 40-37-100. The board may seek to enjoin violations of
this chapter as provided for in Section 40-1-100.
Section 40-37-110. (A) In addition to the grounds for
disciplinary action provided in Section 40-1-110, the board may
revoke, suspend, reprimand, or otherwise restrict or limit the license
of an optometrist or reprimand or otherwise discipline a licensee
when it is established to the satisfaction of the board that the licensee:
(1) has been convicted of a felony or any other crime involving
moral turpitude. Forfeiture of a bond or a plea of nolo contendere is
considered a conviction;
(2) has knowingly performed an act which in any way assists a
person to practice optometry illegally;
(3) has caused to be published or circulated directly or
indirectly fraudulent, false, or misleading statements as to the skill or
methods of practice of an optometrist;
(4) has failed to provide and maintain reasonable sanitary
facilities;
(5) is guilty of obtaining fees or assisting in obtaining fees
under deceptive, false, or fraudulent circumstances;
(6) has violated a provision of this chapter or regulation
promulgated under this chapter;
(7) has been guilty of using third-party solicitation which is
untruthful, deceptive, and coercive to obtain patronage.
(B) In addition to all other remedies and actions provided for in
this chapter, the license of an optometrist adjudged mentally
incompetent by a court of competent jurisdiction automatically must
be suspended by the board until the optometrist is adjudged by a
court of competent jurisdiction or in any other manner provided by
law as being restored to mental competency.
Section 40-37-115. The board has jurisdiction over the action of
licensees and former licensees as provided for in Section 40-1-115.
Section 40-37-120. In addition to the sanctions the board may
take against a person pursuant to Section 40-38-110, the board may
take disciplinary action against a person as provided for in Section
40-1-120.
Section 40-37-130. As provided for in Section 40-1-130, the
board may deny licensure to an applicant based on the same grounds
for which the board may take disciplinary action against a licensee.
Section 40-37-140. A license for optometry may be denied based
on a person's prior criminal record as provided for in Section
40-1-140.
Section 40-37-150. A licensee under investigation for a violation
of this chapter or a regulation promulgated under this chapter may
voluntarily surrender the license in accordance with Section
40-1-150.
Section 40-37-160. A person aggrieved by a final action of the
board may seek review of the decision in accordance with Section
40-1-160.
Section 40-37-170. A person found in violation of this chapter or
regulations promulgated under this chapter may be required to pay
costs associated with the investigation and prosecution of the case in
accordance with Section 40-1-170.
Section 40-37-180. All costs and fines imposed pursuant to this
chapter must be paid in accordance with and are subject to the
collection and enforcement provisions of Section 40-1-180.
Section 40-37-190. Investigations and proceedings conducted
under the provisions of this chapter are confidential and all
communications are privileged as provided for in Section 40-1-190.
Section 40-37-200. A person who violates a provision of this
chapter is guilty of a misdemeanor and, upon conviction, must be
fined not more than fifty thousand dollars or imprisoned not more
than one year. Each violation constitutes a separate offense.
Penalties provided for in this chapter or in Article 1, Chapter 1 of
Title 40 of the 1976 Code shall apply to any corporation, association,
or person aiding and abetting in a violation.
Section 40-37-210. In addition to initiating a criminal proceeding
for a violation of this chapter, the board may seek civil penalties and
injunctive relief in accordance with Section 40-1-210.
Section 40-37-230. (A) A person is qualified to receive a
certificate of licensure as an optometrist if the person:
(1) has a minimum of three academic years at an accredited
college or university;
(2) was graduated from an accredited school or college of
optometry which required four years' attendance and which grants the
degree of doctor of optometry, if the schools and courses are
approved by the board;
(3) has satisfactorily passed all required examinations
recognized or conducted by the board;
(4) has satisfied all of the requirements to be therapeutically
certified as provided for in Section 40-37-235(B);
(5) has not been convicted of a felony or misdemeanor
involving moral turpitude; a record of conviction or a copy of the
conviction certified by the clerk of the court in which the conviction
occurred is conclusive evidence of a conviction.
After successfully meeting the requirements of this subsection and
upon payment of a fee established by the board in regulation
sufficient to cover the costs of printing, publication, and processing
of the certificate of licensure, the board shall issue a certificate of
licensure and shall enter the person in the board's register.
(B) Notwithstanding subsection (A)(4) an optometrist who holds
a valid South Carolina license or who is diagnostically certified in
South Carolina pursuant to Section 40-37-235(A) is not required to
be therapeutically certified as a condition of maintaining licensure
or diagnostic certification or of obtaining renewal.
(C) After becoming therapeutically certified, an optometrist must
maintain licensure as therapeutically certified.
Section 40-37-235. (A) The board shall certify a licensed
optometrist as a diagnostically certified optometrist if the optometrist
has:
(1) complied with the educational requirements promulgated by
the board in regulation; and
(2) passed a pharmaceutical agent examination which must be
approved by the board.
(B) The board shall certify a licensed optometrist as a
therapeutically certified optometrist if the optometrist has:
(1) satisfied the requirements for diagnostic certification;
(2) passed the Treatment and Management of Ocular Disease
Examination approved by the National Board of Examiners in
Optometry;
(3) taken at least one hundred ten hours of board-approved
optometric education courses since December 31, 1988, of which at
least forty hours must have been clinical instruction specifically
related to the diagnosis and treatment of glaucoma and must have
been taken under the supervision of an ophthalmologist who must
submit a written certification to the board that the optometrist has
completed the forty hours of clinical instruction required by this item;
and
(4) submitted to the board an affidavit stating that the optometrist
has had at least twelve hundred hours of clinical training.
Section 40-37-240. (A) A person desiring to be examined by the
board must make application to the board, in a manner prescribed by
the board, at least sixty days before the examination. The application
must be accompanied for a fee as established by the board in
regulation and in accordance with Section 40-1-50(D).
(B) An applicant to practice optometry in this State shall pass the
examination of the National Board of Optometry, or if the
examination is not available, an equivalent examination prepared or
selected by the board. The board also may require a relevant
practical or oral examination which may not be substantially
duplicative of the national board examination.
Section 40-37-250. (A) An optometrist practicing in this State
who desires to continue to be licensed annually shall pay before the
second day of October of each year a renewal fee to be established by
the board in regulation. In case of default in payment of the fee, the
license of an optometrist is automatically terminated if the board
gives the licensee thirty days' notice in writing before the effective
date of the termination. Deposit of the notice in the United States
Postal Service addressed to the licensee at the licensee's last current
address as registered with the board, with postage prepaid, is legal
service of the notice. If within the thirty-day period the licensee pays
a penalty that the board may impose, not to exceed fifty dollars, and
the renewal fee, the license must be renewed. A person whose
license is terminated because of a failure to pay a renewal fee may
apply to have it reinstated upon payment to the board of all renewal
fees that should have been paid had the license remained active and
a penalty of one hundred dollars. If the license has lapsed for more
than two years, the licensee shall appear before the board who shall
then determine whether and upon what conditions the license may be
reinstated.
(B) An optometrist annually shall attend a minimum of twenty
hours of continuing education courses or meetings. The instruction
must be on subjects relative to optometry, exclusive of office
management or administration, at board-approved and recognized
educational seminars and courses or accredited institutions of
learning. For optometrists diagnostically or therapeutically certified,
eight of the twenty hours must be pharmacology or pathology related.
Satisfactory proof of compliance with this requirement is a
prerequisite for annual license renewal.
(C) A person licensed to practice optometry in this State who is
serving in the armed forces of the United States in time of war or
preparation for war during any national emergency does not thereby
forfeit his current license. The person who has paid an annual
renewal registration fee must be refunded that portion of the annual
renewal fee for the time that he has served in the armed forces of the
nation. The person, upon presentation of his discharge from the
service within one year from the date of discharge and upon payment
of the fee prescribed by law for the portion of the current renewal
period only, is entitled to a renewal of his license as though the
renewal had been made before the expiration of his last preceding
renewal and as though all intermediate renewal fees had been paid.
Section 40-37-260. A person to whom a certificate of licensure
is granted under this chapter shall display it in a conspicuous place in
his principal place of practice. A duplicate, certified by the board,
must be displayed in any secondary place of practice.
Section 40-37-270. A person who fails, neglects, or refuses to
display the certificate of licensure for three months is deemed to have
forfeited the certificate of licensure, and it shall not be restored
except upon the payment of a twenty-five dollars reinstatement fee.
Section 40-37-280. (A) It is unlawful for a licensee to permit his
license to be used by any unlicensed person and it is unlawful for an
unlicensed person to practice or attempt to practice or conduct his
business under the rights and privileges conferred upon some other
person duly licensed.
(B) Notwithstanding any other provision of law, an optometrist
may delegate tasks to assistants working under his direct supervision.
However, under no circumstances may an assistant be allowed to
make a refraction for eyeglasses or prescribe contact lenses . Nothing
in this section precludes an optometrist who is supervising an
assistant from being absent from the practice for reasonable periods
during the working day, including, but not limited to, lunch or other
customary, practice-related absences; however, no contact lenses may
be dispensed during the optometrist's absence. Nothing in this section
may be construed to interfere with the operation of offices in
accordance with Section 40-37-380.
Section 40-37-290. (A) Notwithstanding any other provision
of law, a diagnostically certified optometrist may purchase, possess,
and administer pharmaceutical agents, including pharmaceutical
agents for topical application, other than controlled substances as
defined in Section 44-53-110, for diagnostic purposes in the practice
of optometry. For the purposes of this subsection, 'pharmaceutical
agent' means: anesthetics, mydriatics, cycloplegics, miotics, dyes,
and over-the-counter drugs. Miotics only may be used pursuant to
these restrictions:
(1) miotics may not be used for treatment purposes;
(2) miotics may be used only for emergency purposes involving
the buildup of pressure within the eyeball and immediately upon this
emergency use the optometrist shall refer the patient to an
ophthalmologist and file with the board a written report of the
incident in the manner prescribed by the board in regulation.
(B) Notwithstanding any other provision of law, a therapeutically
certified optometrist may purchase, possess, administer, supply, and
prescribe pharmaceutical agents, other than Schedule I and II
controlled substances as defined in Section 44-53-110, for diagnostic
and therapeutic purposes in the practice of optometry, except that:
(1) when prescribing oral medications a therapeutically certified
optometrist is limited to these oral pharmaceutical agents:
antihistamines, antimicrobial, antiglaucoma, over-the-counter drugs,
and analgesics and may only prescribe these pharmaceutical agents
for the treatment of ocular and ocular adnexal eye disease;
(2) when prescribing oral pharmaceutical agents, documentation
must be made in the patient's chart;
(3) when prescribing analgesics, the prescription must be
limited to a seven-day supply;
(4) when prescribing topical steroids, if after ten days of
treatment it is necessary to continue this medication, the optometrist
shall communicate and collaborate with an ophthalmologist, and if
after twenty-one days of treatment it is necessary to continue this
medication, the optometrist must refer the patient to an
ophthalmologist;
(5) when treating glaucoma using beta blocking pharmaceutical
agents, a therapeutically certified optometrist must consult personally
with or refer to a family practitioner, general practitioner, internist,
or other appropriate physician;
(6) no medications may be given by injection or intravenously.
Section 40-37-300. (A) An optometrist may not establish a
pharmacy in an optometry office or sell pharmaceutical agents
prescribed in treatment unless there is a licensed pharmacist on staff
and present when these prescriptions are filled. However, nothing in
this section or in any other provision of law prohibits an optometrist
who is diagnostically certified from administering pharmaceutical
agents to a patient or an optometrist who is therapeutically certified
from administering or supplying pharmaceutical agents to a patient,
without charge for the pharmaceutical agents, to initiate appropriate
treatment.
(B) Notwithstanding subsection (A) or any other provision of law,
an optometrist may purchase, possess, administer, sell, prescribe, or
dispense contact lenses, contact lens solutions, and topically-applied
dyes.
(C) For purposes of this chapter 'supply' is limited to
pharmaceutical agents given to a patient by a therapeutically-certified
optometrist for the purpose of initiating treatment until the patient's
prescription can be filled by a registered pharmacist.
Section 40-37-310. (A) In the diagnosis or treatment of eye
disease an optometrist, using judgment and that degree of skill, care,
knowledge, and attention ordinarily possessed and exercised by
optometrists in good standing under like circumstances, shall refer a
patient to an appropriate medical or osteopathic doctor including, but
not limited to, corneal, glaucoma, or retinal opthamological
specialists when additional evaluation or treatment is necessary.
However, an optometrist who is not therapeutically-certified may
refer a patient to a therapeutically-certified optometrist when
additional evaluation or treatment is necessary or to a medical or
osteopathic doctor as provided for in this section, and any optometrist
may refer a patient to another optometrist for the purpose of fitting
or dispensing eye glasses, contact lenses, or low vision aids. The
South Carolina Board of Examiners in Optometry shall promulgate
regulations for the maintenance of records of referrals by optometrists
in accordance with this section.
(B) Notwithstanding subsection (A) in treating and managing
glaucoma, a therapeutically certified optometrist must strive to
achieve a stable range of intraocular pressures considered unlikely to
cause further optic nerve damage in that patient. Once this range of
pressures is selected based on conditions presented by the patient, the
therapeutically certified optometrist must enter this range in the
patient's chart. If no progress is achieved in realizing the selected
range of pressures within sixty days of initiating treatment, the
optometrist shall refer the patient to an ophthalmologist. However,
when treating acute angle closure glaucoma, a therapeutically
certified optometrist shall immediately initiate treatment and make
an appropriate referral to an ophthalmologist.
(C) An optometrist is prohibited from performing surgery. For
purposes of this subsection surgery includes, but is not limited to, an
invasive procedure using instruments which requires closure by
suturing, clamping, or other similar devices or a procedure in which
the presence or assistance of a nurse anesthetist or an anesthesiologist
is required. Laser surgery is prohibited. However, nothing in
subsection (A), this subsection, or any other provision of law may be
construed to prohibit an optometrist from removing superficial ocular
and ocular adnexal foreign bodies; removal of other foreign bodies
must be referred to an ophthalmologist.
Section 40-37-320. A therapeutically certified optometrist must
be held to the same standard of care as persons licensed under Title
40, Chapter 47, Physicians, Surgeons and Osteopaths and shall
maintain a minimum of one million dollars in malpractice insurance
coverage.
Section 40-37-330. (A) Whenever it is required by law that a
visual test of the eye be made or optometric care of the eye be
required of any person by any school or college, state or county
board, or other agency of the government, the test or care may be
given by an optometrist licensed in this State. When a person is
required to furnish evidence of visual efficiency, a report of a
licensed optometrist is sufficient evidence to comply with the
requirement.
(B) All agencies of the State and its subdivisions and all
commissions, clinics, and boards administering relief, public
assistance, public welfare assistance, social security, or health
services under the laws of this State shall accept the services of
licensed optometrists for all services that they are licensed to perform
relating to a person receiving benefits from an agency or subdivision.
These agencies or agents, officials, or employees, of these agencies,
including the public schools, may counsel with and advise the
persons needing eye care as to the type of service needed and as to
those qualified to render the service, but no attempt may be made to
guide an individual seeking vision care to either an optometrist or a
physician. The patient must be given free choice in his selecting a
specialist to serve his vision-care needs in examinations, vision
screening, or other vision services. However, that an exception must
be made in emergency cases of obvious eye injury or disease where
delay in obtaining the services of a physician might endanger the
patient's visual health. Additionally, in recognized instances of
disease or anomalies disclosed in the original physical evaluation by
an agency, these cases may be referred directly to specialists,
ophthalmologists, or optometrists as considered appropriate by the
evaluating agency.
(C) There may be no differential in the fee schedule for vision-care
services, whether performed by an optometrist or a physician, that is,
for like services common to both professions.
(D) No funds appropriated for vision care may be used by an
agency that practices discrimination between a licensed optometrist
or a licensed physician.
(E) Nothing in this section may prevent a nurse, school teacher, or
welfare worker, employed in public service, from ascertaining the
probable need of visual services, if the person does not attempt to
diagnose, prescribe, or recommend a particular practitioner or system
of practice.
Section 40-37-340. The possession of optical supplies,
instruments, equipment, or appliances for the examination of the eye
is prima facie evidence of practicing optometry and requires
compliance with this chapter.
Section 40-37-350. (A) This chapter shall not apply to:
(1) a bona fide student of optometry, medicine, or osteopathy
in the clinic rooms or an approved program of an accredited school
of optometry, medicine, or osteopathy;
(2) a commissioned officer in the Armed Services who is
engaged in the practice of optometry in this State insofar as the
practice is in the performance of the officer's military duties;
(3) an individual licensed in another jurisdiction who is in this
State to make a clinical demonstration before a professional society
or association, convention, school or college, or agency of the
government.
(B) Nothing in this chapter may be construed to apply to:
(1) a physician authorized to practice under the laws of this
State, in the due course of professional practice, except that the
physician is subject to provisions of Section 40-37-390 and the first
sentence of Section 40-37-280 and the penalties for violation thereof;
(2) persons who sell as merchandise from an established place
of business, ready-made eyeglasses or spectacles if the person does
not aid the purchaser in the fitting of the eyeglasses or spectacles.
(C) Nothing in this chapter precludes a licensed optician from
practicing opticianry as defined by the laws of this State.
Section 40-37-360. Nothing contained in this chapter or any other
provision of law may be construed as restricting or setting the price
that may be charged for eyeglasses.
Section 40-37-370. Nothing in this chapter or any other provision
of law may be construed to prevent an optometrist licensed under this
chapter from maintaining and operating a laboratory required for his
private professional practice.
Section 40-37-380. (A) Nothing in this chapter may be construed
to limit the number or to prescribe or restrict the location of offices
an individual optometrist or group of optometrists may operate.
Every optometrist must display a separate certificate of licensure
certified by the board in each location in which the optometrist
practices. Duplicate certificates of licensure may be obtained from
the board by filing an application on a form prescribed by the board
and paying the prescribed fee.
(B) Each office shall post in a conspicuous place the office hours
that will be maintained. Office hours are those hours in which a
licensed optometrist is actually present on the premises, however, this
section does not prevent the office from being open for the purpose
of accepting appointments or payments or performing other duties
that by law do not require the presence of a licensed optometrist.
Advertisements or any other public announcement of office hours
must specify those hours in which a licensed optometrist is present on
the premises.
(C) Mobile units may be used; however, the optometrist shall
obtain a registration for the mobile unit from the board. A mobile
unit must be limited to visiting and providing services to licensed
health care facilities within the State.
(D) Notwithstanding the provisions of subsection (A), the board
may promulgate regulations regarding optometrists' offices so as to
provide for:
(1) adequate and appropriate office facilities for the practice of
optometry;
(2) the proper handling of patient records; and
(3) appropriate sanitation for office facilities.
Section 40-37-390. (A) It is unlawful for a person to
disseminate, directly or indirectly, or cause to be disseminated any
untruthful, deceptive advertisement, or representation concerning eye
examinations, ophthalmic goods, ophthalmic services, or the practice
of optometry. In addition, it is unlawful for a person, partnership, or
corporation to disseminate, directly or indirectly, or cause to be
disseminated any untruthful, impossible, improbable, misleading, or
deceptive advertisement or representation concerning the terms,
guarantee, or warranty which relates to the procurement of
ophthalmic goods or services.
(B) It is unlawful for a person to offer or give eye examinations,
eyeglasses, spectacles, lenses, or any part used in connection with
them as a premium or bonus with merchandise or in any other
manner to induce trade; However, this section does not prohibit
giving ophthalmic products incidental to the use of the product being
offered or the offering of a reduced price, sale, or discount on
purchases. These disclosures must be made with any offer:
(1) If the offered price is represented as being a reduced price,
sale price, or discounted price, the offer must disclose whether the
reduced price, sale price, or discounted price is from the offeror's
regular selling price or must disclose any other price and its source
which serves as the standard from which the offeror represents the
offered price as being a reduced price, sale price, or discounted price.
(2) The date the offer terminates.
(C) It is unlawful for a person to disseminate price information
concerning ophthalmic goods and services without including whether
an advertised price for:
(1) eyeglasses includes single vision or multi-focal lenses;
(2) contact lenses refers to hard or soft contact lenses;
(3) ophthalmic materials includes all dispensing fees;
(4) ophthalmic materials includes an eye examination;
(5) eyeglasses includes both frame and lenses.
(D) Nothing in this chapter prevents a person from using
third-party solicitation which does not involve uninvited, in-person
solicitation of persons who, because of their particular circumstances,
may be vulnerable to undue influences.
(E) Nothing in this chapter prevents a person from making truthful,
nondeceptive claims of qualifications and professional affiliations.
Section 40-37-400. Notice required by this chapter may be sent
by certified mail, return receipt requested, directed to the last mailing
address furnished to the board. The post office registration receipt
signed by the person, the person's agent, or a responsible member of
the person's household or office staff, or, if not accepted by the
person to whom addressed, the postal authority stamp showing the
notice 'refused' is prima facie evidence of service of the notice.
Section 40-37-410. No member of the board, its committees,
special examiners, agents, and employees shall be held liable for acts
performed in the course of official duties except where actual malice
is shown.
Section 40-37-420. If a provision of this chapter or the
application of a provision to a person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this
chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable."
SECTION 2. This act takes effect upon approval by the Governor.
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