Current Status Bill Number:358 Ratification Number:124 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970212 Primary Sponsor:Bryan All Sponsors:Bryan Drafted Document Number:psd\7015ac.97 Companion Bill Number:3543 Date Bill Passed both Bodies:19970522 Date of Last Amendment:19970506 Governor's Action:V Date of Governor's Action:19970610 Action on Governor's Veto:S (see history page) Subject:Optometrists, framework for professional licensing board, licensure and regulation of; education, Optometry
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970617 Veto sustained
Senate 19970617 Veto overridden
------ 19970610 Vetoed by Governor
------ 19970604 Ratified R124
Senate 19970522 Concurred in House amendment,
enrolled for ratification
House 19970508 Read third time, returned to Senate
with amendment
House 19970507 Read second time
House 19970506 Debate adjourned until
Wednesday, 19970507
House 19970506 Amended
House 19970501 Debate adjourned until
Tuesday, 19970506
House 19970430 Debate adjourned until
Thursday, 19970501
House 19970429 Debate adjourned until
Wednesday, 19970430
House 19970423 Committee report: Favorable 27 H3M
House 19970312 Introduced, read first time, 27 H3M
referred to Committee
Senate 19970311 Read third time, sent to House
Senate 19970306 Read second time
Senate 19970306 Committee amendment adopted
Senate 19970305 Committee report: Favorable with 12 SLCI
amendment
Senate 19970212 Introduced, read first time, 12 SLCI
referred to Committee
View additional legislative information at the LPITS web site.
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:
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.