Current Status Bill Number:3587 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970303 Primary Sponsor:Quinn All Sponsors:Quinn Drafted Document Number:psd\7064ac.97 Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Opticians, licensure and regulation of, continuing education requirements, Opticianry
Body Date Action Description Com Leg Involved
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House 19970303 Introduced, read first time, 27 H3M
referred to Committee
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TO AMEND TITLE 40, CHAPTER 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTICIANS INCLUDING INCREASING CONTINUING EDUCATION REQUIREMENTS FROM THREE HOURS TO FOUR HOURS FOR A LICENSED OPTICIAN AND AN ADDITIONAL HOUR FOR AN OPTICIAN ALSO LICENSED TO DISPENSE CONTACT LENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 38, Title 40 of the 1976 Code is amended to read:
Section 40-38-10. As used in this chapter, `optician' means one who prepares and dispenses lenses, spectacles, eyeglasses, and appurtenances to the intended wearers on prescriptions from physicians or optometrists duly licensed to practice their professions, and in accordance with such prescriptions mechanically interprets, measures, adapts, fits, and adjusts such lenses, spectacles, eyeglasses, and appurtenances to the human face for the aid or correction of visual or ocular anomalies of the human eye. Oral prescriptions are permitted provided a written record is made and filed by the optician. The services and appliances related to ophthalmic dispensing shall be dispensed, furnished, or supplied to the intended wearer or user only upon prescription issued by a physician or an optometrist; but duplications, replacements, reproductions, or repetitions may be done without prescription, in which event any such act shall be construed to be ophthalmic dispensing, the same as if performed on the basis of a written prescription; provided, however, contact lens shall only be dispensed in accordance with Section 40-38-150. Any person shall be deemed to be practicing opticianry within the meaning of this chapter who displays a sign or in any way advertises himself to be an optician.
Section 40-38-20. It shall be unlawful for any person to engage in the practice of opticianry in this State unless such person has obtained a certificate of registration from the South Carolina Board of Examiners in Opticianry. This chapter shall not apply to physicians licensed under the laws of this State for the practice of medicine or osteopathy, nor to optometrists licensed under the laws of this State to practice optometry, nor persons who sell as merchandise from a regular established place of business ready-made eyeglasses or spectacles if such person shall not aid the purchaser in the fitting thereof.
Section 40-38-30. There is created the South Carolina Board of Examiners in Opticianry (board) which shall consist of seven members. Five members shall be licensed opticians appointed by the Governor upon nomination by all licensed opticians in this State through an election conducted by the board. The Governor may reject any or all of those nominated upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of such nominees so submitted, additional nominees shall be submitted in the same manner. Vacancies shall be filled in like manner by appointment by the Governor for the unexpired portion of the term. Two members of the board shall be members of the general public who do not derive their income or support from any optical or related business or who are not related to any members of these professions. These public members shall be nominated by any individual, group, or association, and appointed by the Governor.
The board shall be responsible for examining applicants for licenses in opticianry, for investigating complaints, and for investigating and prosecuting violations of this chapter.
The members of the board shall be appointed for terms of four years and until their successors are appointed and qualify. No person may serve more than two consecutive four-year terms on the board, except that if any person is appointed to fill an unexpired term on the board, he may be reappointed for two additional four-year terms. The Governor may remove any member of the board who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional or dishonorable. No member shall be removed without first giving him an opportunity to refute the charges filed against him. He shall be given a copy of the charges at the time they are filed.
Section 40-38-40. The members of the board shall qualify by taking the oath of office before a notary public or other officer empowered to administer oaths. At the first board meeting, after each annual appointment, it shall elect a president, vice president and secretary-treasurer. A majority of its members shall constitute a quorum. Regular meetings shall be held at least once a year at such time and place as shall be deemed most convenient. Special meetings may be held upon the call of the president.
If a board member is disqualified and his absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may deputize an individual to replace him during the period of disqualification. The deputized individual must take the same oath as required of other members of the board.
Section 40-38-50. Each member may receive for his services such per diem and mileage as is provided by law for members of state boards, commissions or committees for each day actually engaged in the duties of his office, including a reasonable number of days for the preparation and reviewing of examinations, in addition to such time actually spent in conducting examinations.
Section 40-38-60. The board may promulgate regulations and bylaws for its own proceedings and government and for the practice of opticianry and examination of applicants for the practice of opticianry.
The board or any member may administer oaths for all purposes requiring the discharge of its duties. For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it may subpoena witnesses, take evidence, and require the production of any documents or records which it deems relevant to the inquiry. In the case of contumacy by or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application of the board, may issue an order requiring the person to appear before the board, or a person designated by it, and produce documentary evidence, and to give other evidence concerning the matter under inquiry.
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.
Section 40-38-80. Dispensing opticians may hold themselves out as doing business and may advertise under their corporate name, trade name, or as successor to another optician in the State and the board shall make no regulations restricting these rights.
Section 40-38-90. All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any board source or activity shall be remitted to the State Treasurer as collected, when practicable, but at least once each week, and shall be credited to the general fund of the State. All assessments, fees or licenses shall be levied in an amount sufficient to at least equal the amount appropriated in the annual general appropriation act for the board.
Section 40-38-100. The board shall make an annual report according to the provisions of Chapter 73 of Title 40 of the 1976 Code.
Section 40-38-110. Any person desiring to be examined by the board must fill out and swear to an application furnished by the board sixty days prior to the holding of the examination. Each applicant, on making application, shall pay to the secretary of the board a fee as determined by regulation of the board.
Section 40-38-120. A person is qualified to receive a certificate of registration as a registered optician who:
(1) Has graduated from an accredited public or private high school or secondary school of equal grade approved by the board or has completed an equivalent course of study approved by the board;
(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.
(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.
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.
Section 40-38-140. All persons, successfully passing the examination shall be numbered and registered in the board register, which shall be kept by the secretary, as licensed to work as an optician and shall receive a certificate of such registration, signed by the president and secretary of the board, upon payment to the board of a sum to be determined by regulation of the board.
Section 40-38-150. Notwithstanding any other provisions of law, in all cases opticians shall act with respect to contact lenses only upon receipt of and based on a prescription for such lenses by an ophthalmologist or optometrist. Nothing in this chapter shall be construed to allow opticians to fit contact lenses or to make professional determinations as to the specifications of such lenses unless under the supervision of an ophthalmologist or optometrist. If such supervision is not direct and if the optician dispenses the contact lenses outside of the presence of the ophthalmologist or optometrist, the optician shall instruct the patient to return to the prescribing ophthalmologist or optometrist for verification of the fitting as soon as an appointment may be obtained.
Section 40-38-160. Every person to whom a certificate of registration is granted under this chapter shall display it in a conspicuous place in his principal office or place of business or employment. A separate certificate of registration granted by the board shall also be displayed for opticians eligible to dispense contact lenses.
Section 40-38-170. Any failure, neglect or refusal on the part of any person holding such a certificate of registration to display it after the issuance of such certificate shall ipso facto work the forfeiture of such certificate of registration and it shall not be restored except upon the payment of twenty-five dollars to the board.
Section 40-38-180. Every optician who desires to continue to be licensed in this State shall annually, on or before the first day of October, pay to the board a renewal registration fee, to be fixed by the board. In case of default in making such payment by any person his certificate shall be automatically revoked by the board on thirty days' notice in writing prior to the effective time of revocation. The deposit of such notice in the United States Post Office addressed to such person at his last place of residence or business, registered with postage prepaid, shall be due and legal service. No certificate shall be revoked for nonpayment of such renewal fee if within the thirty day notice period the person shall pay such a penalty, to be established by regulation of the board and the renewal fee. Any person whose certificate of registration has been revoked for failure to pay his renewal fee may apply to have it regranted to him upon payment of all renewal fees with a penalty as established by regulation of the board. If the license has been lapsed for more than two years he shall appear before the board, which shall then determine if his license should be reinstated, and the terms upon which such reinstatement shall be made. Any person holding a license in South Carolina who is not practicing in this State but is in practice in another state, wishing to keep his license current, may pay annually a fee to be determined by the board, until he decides to practice in South Carolina, at which time he shall pay the current fee being charged to practitioners in South Carolina.
Each active state optician shall annually attend a minimum of three hours of continuing educational courses or meetings. The instruction shall be on subjects relative to opticianry, exclusive of office management or administration, at board approved and recognized educational seminars and courses or accredited institutions of learning. Satisfactory proof of compliance with this requirement is a prerequisite for annual renewal.
Section 40-38-190. It shall be unlawful for any ophthalmic manufacturer, wholesale supply house, or any of their employees, whether licensed as an optician or unlicensed, to dispense spectacles to the public from its manufacturing or wholesale locations.
Section 40-38-200. It shall be unlawful for any such licensee to permit his license to be used by any unlicensed person and shall be a violation of the terms hereof for any unlicensed person to practice or attempt to practice or conduct his business under the rights and privileges conferred upon some other person duly licensed. Notwithstanding any other provision of law, an optician may delegate tasks to his assistants working under his direct supervision. As used herein, `direct supervision' means that a licensed optician shall be on the premises at all times. Nothing herein shall preclude such optician from being absent from the practice for reasonable periods during the working day, such as lunch or other customary, practice-related absences. No contact lenses shall be dispensed during his absence. Under no circumstances will these assistants be allowed to give a contact lens fitting.
Section 40-38-210. The board shall receive complaints by any person against a licensed optician and shall require a complaint to be submitted in written form. Upon receipt of the complaint, the secretary or such other person as the President may designate shall investigate the allegations in the complaint and make a report to the board concerning his investigation. If the board shall then desire to proceed further, it may, in its discretion, file a formal accusation charging the optician with a violation of a provision of this chapter. The accusation shall be signed by the president or the vice president on behalf of the board. When the accusation is filed and the board shall set a date for hearing thereon, the secretary of the board shall notify the accused in writing not less than thirty days prior to the hearing and a copy of the accusation shall be attached to the notice. The accused may appear and show cause why his license should not be suspended or revoked. The accused shall have the right to be confronted with and to cross-examine the witnesses against him and he shall have the right to counsel. For the purposes of such hearings, the board may require by subpoena the attendance of witnesses, the production of documents, may administer oaths and hear testimony, either oral or documentary, for and against the accused. In instances where a board member has made the initial investigation or complaint, he shall not sit with the board at the hearing of such complaint.
Such notice may be sent to the accused by registered mail, return receipt requested, directed to his last mailing address furnished to the board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused shall be prima facie evidence of service of such notice.
All investigations and proceedings undertaken under the provisions of this chapter shall be confidential.
Every communication whether oral or written, made by or on behalf of any complainant to the board or its agents or any hearing panel or member thereof, pursuant to this chapter, whether by way of complaint or testimony, shall be privileged; and no action or proceeding, civil or criminal, shall lie against any person by whom or on whose behalf such communication shall have been made.
Section 40-38-220. The board may revoke, suspend, or otherwise restrict the license of any optician or reprimand or otherwise discipline him when it is established that the license holder is guilty of misconduct as defined herein.
Misconduct, which constitutes grounds for revocation, suspension, or restriction of a license, or a limitation on, reprimand or other discipline of an optician shall be a satisfactory showing to the board:
(1) That any false, fraudulent, or forged statement or document has been used, and any fraudulent, deceitful, or dishonest act has been practiced by the holder of a license or certificate in connection with any of the license requirements.
(2) That the holder of a license has been convicted of a felony or any other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere shall be considered the equivalent of a conviction.
(3) That the holder of a license practiced opticianry while under either the influence of alcohol or drugs to such a degree as to adversely affect his ability to practice opticianry.
(4) That the holder of a license uses alcohol or drugs to such a degree as to adversely affect his ability to practice opticianry.
(5) That the holder of a license has knowingly performed any act which in any way assists a person to practice opticianry illegally.
(6) That the holder of a license has caused to be published or circulated directly or indirectly any fraudulent, false, or misleading statements as to the skill or methods of practice of any optician.
(7) That the holder of a license has failed to provide and maintain reasonable sanitary facilities.
(8) That the holder of a license has sustained any physical or mental impairment or disability which renders further practice by him dangerous to the public.
(9) That the holder of a license has violated the principles of ethics as adopted by the board and published in its rules and regulations.
(10) That the holder of a license has engaged in conduct that is deceptive, fraudulent or harmful to the public.
(11) That the holder of a license is guilty of obtaining fees or assisting in obtaining such fees under deceptive, false, or fraudulent circumstances.
(12) That the holder of a license is guilty of the use of any intentionally false or fraudulent statement in any document connected with the practice of opticianry.
(13) That the holder of a license has been found by the board to lack the professional competence to practice opticianry.
(14) That the holder of a license has violated any provision of this chapter regulating the practice of opticianry.
(15) That the holder of a license has been guilty of using third-party solicitation which is untruthful, deceptive, and coercive to obtain patronage.
In addition to all other remedies and actions incorporated in this chapter, the license of an optician adjudged mentally incompetent by any court of proper jurisdiction shall be automatically suspended by the board until he is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.
Section 40-38-230. If the board shall be satisfied that the optician is guilty of any offense charged in the formal accusation provided for in this chapter, it shall revoke, suspend, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board may also impose such restraint upon the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In all cases where disciplinary action is taken by the board, written notice of such action shall then be mailed by the secretary of the board to the accused at his last known address as provided to the board.
Any decision by the board to revoke, suspend, or otherwise restrict the license shall be by majority vote and shall be subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1. Such review shall be limited to the record established by the board's hearing.
Section 40-38-240. No member of the board, or its secretary, 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 40-38-250. Any person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars nor more than one thousand dollars or imprisoned not less than twenty days nor more than thirty days.
Section 40-38-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to opticians regulated by the Department of Labor, Licensing and Regulation under this chapter. If there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
Section 40-38-10. (A) There is created the South Carolina Board of Examiners in Opticianry which consists of seven members. Five members must be licensed opticians appointed by the Governor upon nomination by all licensed opticians in this State through an election conducted by the board. The Governor may reject any or all of those nominated upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of the nominees, additional nominees must be elected and 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 must be members of the general public who do not derive their income or support from any optical or optical-related business or who are not related to an optician or a person engaged in an optical-related business. The members from the general public may be nominated by an individual, group, or association and appointed by the Governor 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 full four-year terms on the board except that if a person is appointed to fill an unexpired term on the board, he may be reappointed for two additional four-year terms.
(C) 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 and the member must be given a copy of the charges at the time they are filed.
Section 40-38-20. As used in this chapter:
(1) `Optician' means one who prepares and dispenses lenses, spectacles, eyeglasses, and appurtenances to the intended wearers on prescriptions from licensed physicians or optometrists and in accordance with these prescriptions, mechanically interprets, measures, adapts, fits, and adjusts lenses, spectacles, eyeglasses, and appurtenances to the human face for the aid or correction of visual or ocular anomalies of the human eye;
(2) 'Apprentice' means a qualified person registered by the board who is working under the supervision of a licensed optician, optometrist, or ophthalmologist and who is being trained in the practice of opticianry; and
(3) 'Board' means the South Carolina Board of Examiners in Opticianry.
Section 40-38-30. It is unlawful for a person to practice as an optician without being licensed in accordance with this chapter. A person who displays a sign or in any way advertises himself to be an optician is deemed to be practicing opticianry within the meaning of this chapter.
Section 40-38-50. The board must be administered by the Department of Labor, Licensing and Regulation in accordance with Article 1, Chapter 1, Title 40.
Section 40-38-60. The board may adopt bylaws governing its own proceedings and promulgate regulations for the practice of opticianry and examination of applicants for the practice of opticianry.
Section 40-38-70. The board shall examine or provide for the examination of applicants for licenses in opticianry, investigate complaints, and investigate and prosecute violations of this chapter.
Section 40-38-80. 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 documents or records which the board considers relevant to the inquiry.
Section 40-38-90. If a board member files a complaint or conducts the initial investigation of a complaint, the board member must not participate in the capacity as board member at the hearing of that complaint.
Section 40-38-100. The board may seek to enjoin violations of this chapter as provided for in Section 40-1-100.
Section 40-38-110. (A) In addition to the grounds for disciplinary action provided in Section 40-1-110, the board may revoke, suspend, or otherwise restrict or limit the license of an optician or reprimand or otherwise discipline a licensee when it is established upon a satisfactory showing to the board that the licensee:
(1) has been convicted of a felony or 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 opticianry 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 optician;
(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 a regulation promulgated under this chapter; or
(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 optician adjudged mentally incompetent by a court of proper jurisdiction automatically must be suspended by the board until the optician is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.
Section 40-38-115. The board has jurisdiction over the action of licensees and former licensees as provided for in Section 40-1-115.
Section 40-38-120. 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 40-38-130. 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 40-38-140. A license for opticianry may be denied based on a person's prior criminal record as provided for in Section 40-1-140.
Section 40-38-150. 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 40-38-160. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 40-38-170. 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 40-38-180. 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 40-38-190. All investigations and proceedings undertaken under the provisions of this chapter are confidential and all communications are privileged as provided for in Section 40-1-190.
Section 40-38-200. 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, Title 40 may be imposed against a corporation, association, or person aiding and abetting in a violation.
Section 40-38-210. In addition to initiating a criminal proceeding for a violation of this chapter, the board also may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
Section 40-38-230. (A) A person desiring to be examined by the board must submit an application furnished by the board sixty days before the examination. The application must be accompanied by a fee established by the board in regulation and in accordance with Section 40-1-50(D).
(B) An applicant for examination shall pass the opticianry competency examination prepared by the American Board of Opticianry, or if that examination is not available, an opticianry competency examination prepared by the board. Examinations in dispensing and other practical areas of opticianry 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.
(C) An optician or applicant for licensure as a contact lens optician successfully shall 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.
Section 40-38-240. (A) A person is qualified to receive a certificate of licensure as an optician if the person has:
(1) graduated from an accredited public or private high school or secondary school of equal grade approved by the board or has completed an equivalent course of study approved by the board.
(2)(a) received a certificate from a two-year school of opticianry approved by the board;
(b) a currently valid optician's license in another state;
(c) been engaged in opticianry for not less than two years in a state that does not license opticians; or
(d) had two years' apprenticeship under a South Carolina licensed optician, optometrist, or ophthalmologist. The board must approve in writing an apprenticeship before the apprenticeship commences, and the regulations of the board apply to the apprentice.
(3) satisfactorily passed an examination conducted or recognized 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.
Having met the requirements of this subsection and upon payment of a licensure fee established by the board in regulation, the board shall issue a certificate of licensure and shall enter the person in the board register as licensed to work as an optician.
(B) A person is qualified to receive a certificate of licensure as a contact lens optician who has:
(1) met all the requirements of subsection (A); and
(2) satisfactorily passed a written qualifying contact lens examination conducted or recognized by the board.
Having met the requirement of this subsection and upon payment of a licensure fee established by the board in regulation, the board shall issue a certificate of licensure and shall enter the person in the board register as licensed to work as a contact lens dispensing optician.
Section 40-38-250. The board shall promulgate regulations for apprentice registration requirements and fees and for the regulation of apprentices and apprenticeships.
Section 40-38-260. (A) A licensed optician or registered apprentice who desires to continue to be licensed or registered in this State annually, on or before the first day of October, shall pay a renewal fee, to be established by the board in regulation and in accordance with Section 40-1-50(D). In case of default in payment of the fee, the person's license or registration is automatically revoked if the board gives the licensee thirty days' notice in writing before the effective date of revocation. Deposit of the notice in the United States Postal Service addressed to the person at the person's last place of residence or business, registered with the board, with postage prepaid, constitutes legal service of the notice. No license or registration may be revoked for nonpayment of the renewal fee if within the thirty-day notice period the person pays a renewal fee and a penalty established by the board in regulation. A person whose license or registration has been revoked for failure to pay the renewal fee may apply to have it reinstated upon payment of all renewal fees and a penalty as established by the board in regulation. If the license or registration has been lapsed for more than two years, the person shall appear before the board, which shall determine if the license or registration should be reinstated and the terms under which the reinstatement is to be made. A person holding a license or registration in South Carolina not practicing in this State who wishes to keep the license or registration current, annually may pay an inactive license or registration fee established by the board in regulation. If the person decides to resume practice in this State, the person shall pay the fee being charged active practitioners in South Carolina at that time.
(B) An optician or apprentice annually shall attend a minimum of four hours of continuing education courses or meetings, one hour of which may be in office management or administration. The instruction must be on subjects relative to opticianry at board- approved and recognized educational seminars and courses or accredited institutions of learning. An optician holding a contact lens license must obtain one additional hour of continuing education courses or meetings, which must be in contact lens education at board- approved and recognized educational seminars and courses or accredited institutions of learning. Satisfactory proof of compliance with this subsection is a prerequisite for annual renewal.
Section 40-38-270. Notwithstanding any other provision of law, with respect to contact lenses, an optician shall act upon receipt of and based on a prescription for the lenses by an ophthalmologist or optometrist. Nothing in this chapter may be construed to allow an optician to fit contact lenses or to make professional determinations as lenses to the specifications of these lenses unless under the supervision of an ophthalmologist or optometrist. If supervision is not direct and if the optician dispenses the contact lenses outside of the presence of the ophthalmologist or optometrist, the optician shall instruct the patient to return to the prescribing ophthalmologist or optometrist for verification of the fitting as soon as an appointment may be obtained.
Section 40-38-280. The services and appliances related to ophthalmic dispensing must be dispensed, furnished, or supplied to the intended wearer or user only upon prescription issued by a physician or an optometrist; however, duplications, replacements, reproductions, or repetitions may be provided without prescription and are deemed to be ophthalmic dispensing, as if performed on the basis of a written prescription. Oral prescriptions are permitted if the optician maintains a written record; however, contact lenses only may be dispensed in accordance with Section 40-38-270.
Section 40-38-290. It is unlawful for an ophthalmic manufacturer, wholesale supply house, or any of their employees, whether licensed as an optician or unlicensed, to dispense spectacles to the public from its manufacturing or wholesale locations.
Section 40-38-300. (A) It is unlawful for an optician to permit his license to be used by an unlicensed person, and it is unlawful for an unlicensed person to practice or attempt to practice or conduct optician business under the rights and privileges conferred upon another person who is a licensed optician.
(B) Notwithstanding any other provision of law, an optician may delegate tasks to assistants working under on-site supervision. However, under no circumstances may an assistant be allowed to perform a contact lens fitting. Nothing in this section precludes an optician who is supervising an assistant from being absent from the practice for reasonable periods during the work week for practice-related absences.
Section 40-38-310. (A) It is unlawful for a person to disseminate, directly or indirectly, or cause to be disseminated untruthful, deceptive advertisement ,or representation concerning eye examinations, ophthalmic goods, ophthalmic services, or the practice of opticianry. It is unlawful for a person, partnership, or corporation to disseminate, directly or indirectly, or cause to be disseminated 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. 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 shall disclose 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;
(2) the date the offer terminates.
(C) It is unlawful for a person to disseminate price information concerning ophthalmic goods and services without including 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; and
(5) eyeglasses includes both frame and lenses.
Section 40-38-320. 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.
Section 40-38-330. The board has no authority to promulgate 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.
Section 40-38-340. Dispensing opticians may hold themselves out as doing business and may advertise under their corporate name, trade name, or as successor to another optician in the State, and the board may not promulgate regulations restricting these rights.
Section 40-38-350. (A) A person to whom a certificate of licensure is granted under this chapter shall display it in a conspicuous place in the person's principal office or place of business or employment. A separate certificate of licensure as a contact lens optician granted by the board also must be displayed by an optician eligible to dispense contact lenses.
(B) A person who fails, neglects, or refuses to display the certificate of licensure is deemed to have forfeited the certificate, and it may not be restored except upon the payment of a reinstatement fee of twenty-five dollars.
Section 40-38-360. Notices required by this chapter may be sent by registered mail, return receipt requested, to the person's last mailing address furnished to the board. The post office registration receipt signed by the recipient, his agent, or a responsible member of his 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 40-38-370. This chapter does not apply to:
(1) physicians licensed in this State for the practice of medicine or osteopathy;
(2) optometrists licensed under the laws of this State to practice optometry; or
(3) 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 eye glasses or spectacles.
Section 40-38-380. No member of the board, its committees, special examiners, agents, and employees may be held liable for acts performed in the course of official duties except where actual malice is shown.
Section 40-38-390. 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."
SECTION 2. This act takes effect upon approval by the Governor.