S 358 Session 112 (1997-1998)
S 0358(Rat #0124) General Bill, By Bryan
Similar(H 3543)
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.
02/12/97 Senate Introduced and read first time SJ-6
02/12/97 Senate Referred to Committee on Labor, Commerce and
Industry SJ-6
03/05/97 Senate Committee report: Majority favorable with amend.,
minority unfavorable Labor, Commerce and
Industry SJ-13
03/05/97 Senate Minority report withdrawn SJ-13
03/06/97 Senate Amended SJ-36
03/06/97 Senate Read second time SJ-36
03/11/97 Senate Read third time and sent to House SJ-19
03/12/97 House Introduced and read first time HJ-9
03/12/97 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-9
04/23/97 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-6
04/29/97 House Debate adjourned until Wednesday, April 30, 1997 HJ-62
04/30/97 House Debate adjourned until Thursday, May 1, 1997 HJ-33
05/01/97 House Debate adjourned until Tuesday, May 6, 1997 HJ-23
05/06/97 House Amended HJ-20
05/06/97 House Debate adjourned until Wednesday, May 7, 1997 HJ-21
05/07/97 House Read second time HJ-38
05/08/97 House Read third time and returned to Senate with
amendments HJ-15
05/22/97 Senate Concurred in House amendment and enrolled SJ-24
06/04/97 Ratified R 124
06/10/97 Vetoed by Governor
06/17/97 Senate Veto overridden by originating body Yeas-29
Nays-3 SJ-3
06/17/97 House Veto sustained Yeas-72 Nays-31 HJ-105
NOTE: THIS COPY IS A TEMPORARY VERSION. THIS IS NOT
THE FINAL VERSION.
(Rxxx, S358)
AN ACT 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:
Licensure and regulation of optometrists
SECTION 1. Chapter 37, Title 40 of the 1976 Code is amended
to read:
"CHAPTER 37
Optometrists
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 with
advice and consent of the Senate, 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 with advice and consent of the Senate, 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.
(D) Any business conducted by the board must be by a positive
majority vote. For purposes of this subsection 'positive majority vote'
means a majority vote of the entire membership of the board, reduced by
any vacancies existing at the time.
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, 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 supervisee
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 by 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 dollar 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, 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."
Time effective
SECTION 2. This act takes effect upon approval by the
Governor.
In the Senate House
_________________________________________.
_____________________________________________
President of the Senate
_____________________________________________
Speaker of the House of Representatives
Approved the ____________ day of ________________________,
1997.
_____________________________________________
Governor
Printer's Date -- June 2, 1997 -- S.
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