54.1-3204 - Prohibited acts.
§ 54.1-3204. Prohibited acts.
It shall be unlawful for any person:
1. To practice optometry in this Commonwealth without holding a licenseissued by the Board. Practicing or offering to practice optometry, or thepublic representation of being qualified to practice the same by any personnot authorized to practice optometry, shall be sufficient evidence of aviolation of the law.
2. To impersonate a licensed optometrist of like or different name.
3. To buy or sell or fraudulently obtain a diploma or license.
4. To do any act for which if he were an optometrist his license could berevoked as provided by this chapter.
5. To possess any trial lenses, trial frames, graduated test cards,appliances or instruments used in the practice of optometry, self-testingdevices or eyeglass vending machines for the purpose of fitting orprescribing glasses in the practice of optometry, unless he is or unless heregularly employs on the premises a licensed optometrist or a licensedphysician.
6. To publish or cause to be published in any manner an advertisement that isfalse, deceptive or misleading, contains a claim of professional superiorityor violates regulations of the Board governing advertising by optometrists.
7. To sell, provide, furnish, supply or duplicate eyeglasses, or lenses forthe correction of vision without the prescription of a licensed physician orlicensed optometrist, unless he is the holder of a license to practiceoptometry or a license to practice medicine under the laws of thisCommonwealth.
8. To sell or dispense contact lenses, including plano or cosmetic lenses,without holding a license issued by the Board. This subdivision shall notapply to a licensed optician operating or working in a retail establishment,when selling or dispensing contact lenses, including plano or cosmeticlenses, upon the valid written prescription of an individual licensed topractice medicine or osteopathy, or a licensed optometrist.
9. To dispense, administer, or sell an ophthalmic device containing ScheduleIII, IV, or VI controlled substances or an over-the-counter medicationwithout holding a license issued by the Board, including TPA certification.An "ophthalmic device" shall mean any device, as defined in the DrugControl Act (§ 54.1-3400 et seq.) customarily used primarily for ophthalmicpurposes, including an ophthalmic device classified by the United States Foodand Drug Administration as a drug. Nothing in this subsection shall precludea pharmacist from dispensing an ophthalmic device, as defined in thissubsection, upon the written and valid prescription of an optometrist,providing the patient is then advised by the pharmacist to return forfollow-up care to the optometrist prescribing the ophthalmic device.
The provisions of this section shall be enforced in accordance with thischapter and § 54.1-2506.
(Code 1950, § 54-396; 1976, c. 758; 1977, c. 161; 1979, c. 39; 1988, c. 765;2009, cc. 353, 761.)