Bill 1066

                    Current Status

Bill Number:               1066
Ratification Number:       597
Act Number                 528
Introducing Body:          Senate
Subject:                   Unlawful practices by opticians

(A528, R597, S1066)

AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTICIANRY FOR SIX YEARS; TO AMEND SECTIONS 40-38-70, 40-38-120, 40-38-130, AND 40-38-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANRY, SO AS TO REDEFINE UNLAWFUL PRACTICES, TO REDUCE THE REQUIRED APPRENTICESHIP PERIOD FROM THREE YEARS TO ONE YEAR, TO EXEMPT PERSONS SURFACE GRINDING OPTICAL DEVICES WHO WORK IN WHOLESALE LABORATORIES FROM LICENSING REQUIREMENTS, TO DELETE REFERENCES TO EXAMINATION FOR SURFACE GRINDING, TO AUTHORIZE EXAMINATIONS ON DISPENSING, AND TO PROVIDE THAT THIRD-PARTY SOLICITATION WHICH IS UNTRUTHFUL, DECEPTIVE, AND COERCIVE IS A GROUND FOR LICENSE REVOCATION, SUSPENSION, OR RESTRICTION, AND TO AUTHORIZE THIRD-PARTY SOLICITATION WHICH DOES NOT INVOLVE UNINVITED, IN-PERSON SOLICITATION OF PERSONS WHO MAY BE VULNERABLE TO UNDUE INFLUENCES.

Be it enacted by the General Assembly of the State of South Carolina:

Unlawful practices by opticians

SECTION 1. Section 40-38-70 of the 1976 Code is amended to read:

"Section 40-38-70. 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 opticianry. 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.

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. The provisions of this section do not prohibit giving ophthalmic products incidental to the use of the product being offered nor the offering of a reduced price, sale, or discount on purchases if the following disclosures are made with the offer:

(a) If the offered price is represented as being a reduced price, sale price, or discounted price, the offer shall disclose whether the reduced price, sale price, or discounted price is from the offeror's regular selling price, or shall 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.

(b) The date the offer terminates.

It is unlawful for a person to disseminate price information concerning ophthalmic goods and services without including:

(a) Whether an advertised price for eyeglasses includes single vision or multi-focal lenses;

(b) Whether an advertised price for contact lenses refers to hard or soft contact lenses;

(c) Whether an advertised price for ophthalmic materials includes all dispensing fees;

(d) Whether an advertised price for ophthalmic materials includes an eye examination;

(e) Whether an advertised price for eyeglasses includes both frame and lenses.

The board has no authority to make regulations governing the employment of opticians, the location of optical stores, the number of optical stores operated, the advertising of optical products or services, or the manner in which these products can be displayed.

Nothing in this chapter prevents opticians 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."

Opticianry certification requirements

SECTION 2. Section 40-38-120(2) of the 1976 Code is amended to read:

"(2) Has received a certificate from a two-year school of opticianry approved by the board, or holds a currently valid optician's license in another state, or has been engaged in opticianry, as defined in this section, for not less than two years or has had two years' apprenticeship under an active state-licensed optician, optometrist, or ophthalmologist. An apprenticeship must be approved by the board in writing before it is begun. All opticianry apprenticeships served under active state-licensed opticians, optometrists, or ophthalmologists are subject to the same regulations of the Board of Opticianry."

Opticianry licensure examinations

SECTION 3. Section 40-38-120(3) of the 1976 Code is amended to read:

"(3) Has passed a satisfactory examination conducted by the board and shows proficiency in processing a lens, frame, or any other optical device or appurtenance in accordance with an optometrist's or physician's prescription. Processing does not mean those tasks and functions in surface grinding performed by persons who work in a wholesale laboratory."

Opticianry proficiency examination

SECTION 4. Section 40-38-130 of the 1976 Code is amended to read:

"Section 40-38-130. Every applicant for examination shall pass the opticianry competency

examination prepared by the American Board of Opticianry or, if that examination is not available, the board shall prepare an opticianry competency examination. Examinations in dispensing and other practical areas of opticianry as defined in Section 40-38-10 may be conducted by the board. The board may not require an examination that is substantially duplicative of the national examination if the national examination is available.

An optician or applicant for licensure shall successfully complete a written qualifying contact lens examination prepared by the National Committee of Contact Lens Examination or, if that examination is not available, an equivalent examination prepared by the board before the optician is eligible to dispense contact lens."

Untruthful, deceptive third party solicitation

SECTION 5. Section 40-38-220(15) of the 1976 Code is amended to read:

"(15) That the holder of a license has been guilty of using third-party solicitation which is untruthful, deceptive, and coercive to obtain patronage."

South Carolina Board of Examiners in Opticianry reauthorized

SECTION 6. In accordance with Section 7 of Act 608 of 1978, the existence of the South Carolina Board of Examiners in Opticianry is reauthorized for six years.

Time effective

SECTION 7. This act takes effect upon approval by the Governor.