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Current Status Bill Number:View additional legislative information at the LPITS web site.3901 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010405 Primary Sponsor:Rice All Sponsors:Rice Drafted Document Number:l:\council\bills\nbd\11489ac01.doc Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Optometrists, opticians, patient of; contact lens refills provided in absence of; Opticianry, Optometry History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010405 Introduced, read first time, 27 H3M referred to Committee Versions of This Bill
TO AMEND SECTIONS 40-37-200 AND 40-38-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE SCOPE OF PRACTICE OF OPTOMETRISTS AND OPTICIANS, SO AS TO AUTHORIZE CONTACT LENS REFILLS TO BE PROVIDED TO PATIENTS WHEN THE OPTOMETRIST OR OPTICIAN IS ABSENT IF THE LENS ARE PACKAGED AND HAVE BEEN LABELED BY THE OPTOMETRIST OR OPTICIAN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-37-200 of the 1976 Code is amended to read:
"Section 40-37-200. It shall be is unlawful for any such a licensee to permit his license to be used by any an unlicensed person and shall be is a violation of the terms hereof this chapter for any 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 under this chapter. Notwithstanding any other provision of law, an optometrist may delegate tasks to his assistants working under his direct supervision. As used herein in this section, 'direct supervision' means that a licensed optometrist shall must be on the premises at all times. Nothing herein shall preclude such However, an optometrist is not precluded 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 may be dispensed during his absence. Provided, however, that, and under no circumstances will these may assistants be allowed to make a refraction for eyeglasses or give a contact lens fitting. However, a contact lens refill that is packaged and has been labeled by the optometrist may be provided to a patient when the optometrist is absent from the practice. Provided, however, Nothing herein shall in this section may be construed to interfere with the operation of offices in accordance with Section 40-37-290."
SECTION 2. Section 40-38-300 of the 1976 Code is amended to read:
"Section 40-38-300. (A) It is unlawful for an optician to permit his license to be used by an unlicensed person, and it is unlawful for an unlicensed person to practice or attempt to practice or conduct optician business under the rights and privileges conferred upon another person who is a licensed optician.
(B) Notwithstanding any other provision of law, an optician may delegate tasks to assistants working under his direct supervision. However, under no circumstances may an assistant be allowed to perform a contact lens fitting. Nothing in this section precludes an optician 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 optician's absence; however, a contact lens refill that is packaged and has been labeled by the optician may be provided to a patient when the optician is absent from the practice."
SECTION 3. This act takes effect upon approval by the Governor.
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