2019 Tennessee Code
Title 63 - Professions of the Healing Arts
Chapter 14 - Dispensing Opticians
§ 63-14-103. Qualifications -- Examinations -- Display of license -- Unlawful acts.
(a)
(1) Any person who is a citizen of the United States and of good moral character, and who is eighteen (18) years of age or over and who has satisfactorily completed not less than two (2) years of the prescribed course of a school for dispensing opticians recognized by the board or who has had practical training and experience of a grade and character satisfactory to the board as an apprentice or student under the supervision of a dispensing optician, optometrist or ophthalmologist licensed by the state for a period of not less than three (3) years or the equivalent amount of time under the supervision of such licensed professionals of another state that has dispensing opticianry licensure criteria at least as strict as Tennessee shall be entitled to make application to the board for examination.
(2) The form of application shall be prescribed by the board, and each applicant shall pay the fee provided in § 63-14-107 for the privilege of taking the examination.
(3) If, in the opinion of the board, the applicant possesses the qualifications prescribed in this section and successfully passes the examination, in the judgment of the board, a license to practice as dispensing optician in this state shall be issued to the applicant by the board upon payment of the license fee as provided in § 63-14-107.
(b) Applicants may be examined by the board upon matters pertaining to dispensing opticians and practical subjects, such as practical optic neutralization of lenses, frame measuring and adjustments, pupilary distances and such other subjects essential to the practice as dispensing opticians as the board may prescribe.
(c) Every licensee shall cause such licensee's license to be displayed conspicuously in the office or establishment operated and conducted by the licensee or the office or establishment in which such licensee is employed, and each year, as the license is renewed, such renewal license shall be displayed in the same manner until revoked or suspended by the board as provided in § 63-14-104.
(d) It is unlawful for any person to practice or offer to practice as a dispensing optician as an employee of any person not engaged primarily in the practice as dispensing optician as a licensee under this chapter or of any firm or corporation not engaged primarily in the practice of dispensing opticians under the actual and personal supervision of partners, officers, managers or stockholders who possess valid unrevoked licenses as dispensing opticians entitled to practice within this state in accordance with this chapter.
(e) It is unlawful for any dispensing optician licensed to practice such dispensing optician's profession in accordance with this chapter to be employed by, perform any work in or have any financial interest, directly or indirectly, in the operation of any establishment or place of business that undertakes or attempts to engage in the business of a dispensing optician in violation of this chapter or that advertises in any way that would conflict with this chapter in regard to advertising by a licensed dispensing optician.
(f) It is lawful for any apprentice dispensing optician or student dispensing optician to perform any of the services or do any of the acts included in the definition of dispensing optician contained in this chapter; provided, that such apprentice dispensing optician or student dispensing optician does so under the direct supervision, direction and control of a dispensing optician, optometrist or ophthalmologist licensed by the state or the equivalent amount of time under the supervision of such licensed professionals of another state that has dispensing opticianry licensure criteria at least as strict as Tennessee and practicing in strict accordance with all of the terms and provisions of this chapter; and provided further, that a licensed dispensing optician inspects the finished glasses and fits them to the face of the patient.
(g) It is unlawful for a dispensing optician to publish or display, or cause or permit to be published or displayed, in any newspaper or by radio, television, window display, poster, sign or any other means or media any statement or advertisement concerning ophthalmic lenses, frames, eyeglasses, spectacles, contact lenses or any other optical devices or materials, or parts thereof, that is fraudulent or of a character tending to deceive or mislead the public, including, but not limited to, statements or advertisements of bait, premiums, gifts or other similar nature.
(h) It is unlawful for a dispensing optician to publish or display, or cause or permit to be published or displayed, in any newspaper or by radio, television, window display, poster, sign or any other means or media any statement or advertisement of or reference to the price or prices of any ophthalmic lenses, frames, eyeglasses, spectacles, contact lenses or any other optical devices or materials, or parts thereof, unless such is consistent with the following standards deemed to protect the consumer interest:
(1) Any statement advertising the price of ophthalmic lenses, eyeglasses, spectacles or contact lenses shall, to the extent applicable, be accompanied by a further readily legible statement identifying the lens as single vision, bifocal or trifocal and as clear or tinted and specifying the type of material, the name of the manufacturer, the manufacturer's identifying name or number of the lens and the country of manufacture;
(2) Any statement advertising the price of ophthalmic frames shall be accompanied by a further readily legible statement specifying the type of material, the name of the manufacturer, the manufacturer's identifying name or number of the frame and the country of manufacture;
(3) The price so advertised shall be in effect for a period of not less than seven (7) days, and each advertisement shall set forth the expiration date, if any, of the advertised price. During such time, the item so advertised shall be available to all persons at the advertised price. Any advertised price discounts shall not be limited to any particular group or classification but shall be advertised as being available to all persons; and
(4) Any such advertisements quoting a price or prices shall contain a readily legible statement that the quoted price or prices “Does Not Include Professional Services of an Examining Optometrist or Physician.”
(i) Advertising by a dispensing optician shall be subject further to such rules or regulations, not inconsistent with the foregoing, as may be adopted from time to time by the board in protecting the consumer interest.
