58-16a-305 - License -- Exemptions.
58-16a-305. License -- Exemptions.
In addition to the exemptions from licensure in Section 58-1-307, the following personsmay engage in acts included in the definition of the practice of optometry subject to the statedcircumstances and limitations without being licensed under this chapter:
(1) a person who sells contact lenses on prescription provided by a person authorizedunder state law to practice either optometry or medicine and surgery if the person complies withSection 58-16a-801;
(2) a person who sells eyeglasses or spectacles as articles of merchandise or whofabricates them from a prescription if the person:
(a) does so in the ordinary course of trade from a permanently located and establishedplace of business;
(b) does not traffic or attempt to traffic upon assumed skill in testing the eye and adaptinglenses according to the test;
(c) does not duplicate, replace, or accept for replacement any ophthalmic lens, except inthe case of an emergency;
(d) does not use in the testing of the eyes any lenses or instruments other than the lensesactually sold; and
(e) does not give or offer eyeglasses or spectacles as premiums as defined in Section13-26-2; and
(3) a person who fits contact lenses under the following conditions:
(a) he has a current certification from both the American Board of Opticianry and theNational Contact Lens Examiners;
(b) he does not give or offer contact lenses as premiums;
(c) he does not perform a refraction, over-refraction, or attempt to traffic upon assumedskill in testing the eye;
(d) he operates in the ordinary course of trade from a permanently located and establishedplace of business;
(e) he performs the work involved in fitting contact lenses himself and does not delegatethe contact lens fitting to any other individual who is not qualified under this Subsection (3);
(f) he does not use in the testing of the eye any lenses or instruments other than the lenseshe actually will sell;
(g) he provides services only to a patient who:
(i) presents an unexpired contact lens prescription; or
(ii) has had an eye examination within the prior six months by an optometrist orophthalmologist meeting the requirements under Section 58-16a-306;
(h) he maintains a copy of the patient's contact lens prescription for not less than sevenyears;
(i) he enters into a written agreement with an optometrist or an ophthalmologist beforeJuly 1, 2000, to fit contact lenses prescribed by that optometrist or ophthalmologist;
(j) he fits contact lenses for at least two years under the direct supervision of theoptometrist or ophthalmologist identified in Subsection (3)(i) before July 1, 2000, as documentedin the written agreement; and
(k) the optometrist or ophthalmologist described in Subsection (3)(i):
(i) ensures that the final contact lens is accurate;
(ii) presents a written copy of the prescription to the person fitting the contact lens; and
(iii) ensures that a copy of the prescription is provided to the patient, except as providedin Section 58-16a-306.
Amended by Chapter 160, 2000 General Session