Legislation
SECTION 7106
Special provisions
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 143
§ 7106. Special provisions. 1. The testimony and reports of a licensed
optometrist shall be received by any official, board, commission or
other agency of the state or of any of its subdivisions or
municipalities as qualified evidence with respect to any matter defined
in section seventy-one hundred one of this article; and no official,
board, commission, or other agency of the state or any of its
subdivisions or municipalities shall discriminate among the
practitioners of optometry and any other ocular practitioners.
2. Eyeglasses or lenses for the correction of vision or non-corrective
contact lenses may be sold by any person, firm or corporation at retail,
only on prescription of a licensed physician or licensed optometrist and
only if a licensed physician, optometrist or ophthalmic dispenser is in
charge of and in personal attendance at the place of sale. This article
shall not apply to binoculars, telescopes, or other lenses used for
simple magnification; except, that a seller of non-prescription
ready-to-wear magnifying spectacles or glasses shall have the following
language attached to each pair of glasses or spectacles displayed or
offered for sale and in at least ten point bold type permanently affixed
in plain view to the top of any point of sale display or, if there is no
display, in the area of sale: "ATTENTION; READY-TO-WEAR NON-PRESCRIPTION
GLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR
EXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE
NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." As used
in this subdivision "non-prescription, ready to wear magnifying
spectacles or glasses" means spherical convex lenses, uniform in each
meridian, which are encased in eyeglass frames and intended to
ameliorate the symptoms of presbyopia. The lenses in such glasses shall
be of uniform focus power in each eye and shall not exceed 2.75
diopters.
3. It shall be a class A misdemeanor to practice any fraud, deceit or
misrepresentation in any advertising related to optometric services.
optometrist shall be received by any official, board, commission or
other agency of the state or of any of its subdivisions or
municipalities as qualified evidence with respect to any matter defined
in section seventy-one hundred one of this article; and no official,
board, commission, or other agency of the state or any of its
subdivisions or municipalities shall discriminate among the
practitioners of optometry and any other ocular practitioners.
2. Eyeglasses or lenses for the correction of vision or non-corrective
contact lenses may be sold by any person, firm or corporation at retail,
only on prescription of a licensed physician or licensed optometrist and
only if a licensed physician, optometrist or ophthalmic dispenser is in
charge of and in personal attendance at the place of sale. This article
shall not apply to binoculars, telescopes, or other lenses used for
simple magnification; except, that a seller of non-prescription
ready-to-wear magnifying spectacles or glasses shall have the following
language attached to each pair of glasses or spectacles displayed or
offered for sale and in at least ten point bold type permanently affixed
in plain view to the top of any point of sale display or, if there is no
display, in the area of sale: "ATTENTION; READY-TO-WEAR NON-PRESCRIPTION
GLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR
EXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE
NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." As used
in this subdivision "non-prescription, ready to wear magnifying
spectacles or glasses" means spherical convex lenses, uniform in each
meridian, which are encased in eyeglass frames and intended to
ameliorate the symptoms of presbyopia. The lenses in such glasses shall
be of uniform focus power in each eye and shall not exceed 2.75
diopters.
3. It shall be a class A misdemeanor to practice any fraud, deceit or
misrepresentation in any advertising related to optometric services.