US Laws, Codes, Statutes & Cases

This regulation database is current through State Register Volume 29, Issue 10, effective October 28, 2005. Changes to the regulations enacted by the 2006 General Assembly, which will convene in January 2006, will be incorporated as soon as possible. Some regulations approved by the 2006 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, or changes which may have been enacted since the 2005 Regular Session or which took effect after this database was prepared and users rely on the data entirely at their own risk.

Statutory Authority: 1976 Code Sections 40-37-10 et seq

95-1. Rules of Practice: Optometry.

A. No licensed optometrist shall willfully violate the Optometry Law or the Optometry Board rulings of the State of South Carolina.

B. No licensed optometrist when using the doctor title shall qualify it in any other way than by the use of the word "optometrist". He may, however, when not using the prefix, use after his name the "O. D." degree designation.

C. No licensed optometrist actively engaged in the practice of optometry shall in any manner publicize or hold himself forth as an "optician".

D. No licensed optometrist shall display his license, diplomas, or certificates in such manner as to be seen and read from outside his office.

E. No licensed optometrist shall hold himself forth in such way as to carry the slightest intimation of having superior qualifications or being superior to other optometrists.

F. No licensed optometrist holding an official position in any optometric organization shall use such position for advertising purposes or self-aggrandizement.

G. [Revoked]

H. No licensed optometrist shall display eyeglass signs or painted or decalcomania eyes anywhere.

I and J. [Revoked]

K. No licensed optometrist shall display any lenses, spectacle frames or mountings, or any other ophthalmic material or advertising of any kind in the windows or in any room in his office for the purpose of inducing patronage.

L and M. [Revoked]

N. No licensed optometrist shall practice his profession in a space leased or rented in a business establishment such as a jewelry, department or other store: Provided, it is not unlawful to share a joint waiting room with a practitioner of another recognized profession. Provided, further, that this shall not be construed to prevent an optometrist now practicing optometry in a store owned and operated by himself from continuing to so operate.

O. It shall be permissible to use the phrase "successor to Dr...."for one year but no longer.

P and Q. [Revoked]

95-2. Optometric Advertisements.

A. It shall be unlawful for any person, partnership or corporation to disseminate by any means whatsoever, directly or indirectly, or caused to be disseminated, any untruthful, impossible, improbable misleading, or deceptive advertisement or representation concerning eye examinations, ophthalmic goods, ophthalmic services, or the practice of optometry. In addition, it shall be unlawful for any person, partnership or corporation to disseminate by any means whatsoever, directly or indirectly or caused to be disseminated any untruthful, impossible, improbable, misleading, or deceptive advertisement or representation concerning the terms, guarantee, or warranty which relate in any manner to the procurement of ophthalmic goods or services.

B. Any dissemination of information concerning eye examinations shall include therein:

1. A statement of the ophthalmic procedures that are included in the advertised price.

C. Any dissemination of information concerning ophthalmic goods and services shall include therein:

1. whether an advertised price for lens includes single vision and/or multifocal lenses;

2. whether an advertised price for contact lenses refers to soft and/or hard contact lenses;

3. whether an advertised price for ophthalmic goods includes an eye examination;

4. whether an advertised price for ophthalmic goods includes all dispensing fees; and

5. whether an advertised price for eyeglasses includes both frames and lenses.

95-3(A). Use of Miotic.

(Statutory Authority: 1976 Code Sections 40-37-05, 40-37-07, 40-37-50)

Whenever a miotic is used by an optometrist in an emergency situation, he must make and maintain contemporaneous notes concerning the circumstances and within 30 days of the first such use, file a written report with the Board of Examiners providing the following information:

Patient:

Referred to Dr:

Miotic Used:

Reason for Use:

Date:

95-3(B). Rule Governing the Maintenance of Records by Optometrists.

(Statutory Authority: 1976 Code Sections 40-37-05, 40-37-07, 40-37-50)

Whenever an optometrist refers a patient to an appropriate practitioner for medical evaluation and/or treatment, he must make and maintain in his files a contemporaneous record of that referral as well as any follow-up or final disposition reports which he receives.

95-10. Repealed by State Register Volume 9, Issue No. 3, eff. March 22, 1985.

95-20. Procedures for the Filing of a Complaint with the Board of Examiners; and the Conduct of the Proceedings.

1. The Board shall receive complaints by any person against a licensed optometrist or optician.

2. Any complaint received by the Board must be submitted in written or typed form, and signed by the person making the complaint.

3. In order for the Board to act upon any complaint, the person submitting the complaint must agree to assist the Board in subsequent administrative proceedings involving the complaint.

4. Upon receipt of a complaint in the aforementioned manner, a member, representative, or employee of the Board shall perform a preliminary investigation of the allegations contained in the complaint.

5. Upon report of the person investigating the complaint, the Board shall determine whether to file a formal accusation charging the individual with a violation of any provision of the chapter of laws dealing with optometry and opticianry; or in the alternative, the Board may in its discretion determine to make an informal disposition of the complaint.

6. If the Board determines to file a formal accusation charging the individual with the violation of any provision of the chapter of laws dealing with optometry and opticianry, the Board shall thereafter set a date for a hearing of the accusation. Notice of the hearing shall be given to the individual accused of the violation at least five days prior to the date of the hearing. The hearing shall be held in a location designated by the Board.

7. The hearing, held before the Board, shall be open to the public. At the hearing the individual alleged to have violated a provision of the law shall be given the opportunity to show cause why he should not be found in violation of any of the provisions of the chapter of laws dealing with optometry and opticianry. The individual accused shall be entitled to present evidence and witnesses in his favor and to confront witnesses against him. At the hearing, the Board shall, in its discretion, receive any and all relevant evidence. The strict rules of evidence and procedure applicable in a Court of law will not be in effect.

8. In all cases wherein a hearing is held and it is determined by the Board that the optometrist or optician accused has violated any provision of the chapter of laws dealing with optometry and opticianry, the Board shall notify said individual of the same by way of registered mail. The Board shall also notify the individual of the penalty or sanction involved.

9. Any optometrist or optician whose license has been suspended or revoked, may within 30 days after receipt of notice of the same, apply to the Court of Common Pleas for a Writ of Certiorari seeking review of the decision of the Board.

10. All procedures conducted pursuant to a complaint being filed shall remain closed to the public until such time as the public hearing is held.