H.B. 39

1

AMENDMENT TO UTAH OPTOMETRY PRACTICE ACT
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: James A. Dunnigan
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 Committee Note:
9 The Business and Labor Interim Committee recommended this bill.
10 General Description:
11 This bill amends the Utah Optometry Practice Act to permit certain people in limited
12 circumstances to sell eyeglasses without being licensed under the chapter.
13 Highlighted Provisions:
14 This bill:
15 . allows a person in certain circumstances to sell, fit, adjust, and dispense eyeglasses
16 or spectacles without being licensed under the chapter;
17 . requires a prescription for eyeglasses; and
18 . specifies the activities that the unlicensed person may engage in regarding the sale
19 or dispensing of eyeglasses or spectacles.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 58-16a-305, as last amended by Laws of Utah 2000, Chapter 160
27 58-16a-501, as last amended by Laws of Utah 2005, Chapter 71

28 58-16a-801, as last amended by Laws of Utah 2004, Chapter 48
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 58-16a-305 is amended to read:
32 58-16a-305. License -- Exemptions.
33 In addition to the exemptions from licensure in Section 58-1-307 , the following persons
34 may engage in acts included in the definition of the practice of optometry subject to the stated
35 circumstances and limitations without being licensed under this chapter:
36 (1) a person who sells contact lenses on prescription provided by a person authorized
37 under state law to practice either optometry or medicine and surgery if the person complies
38 with Section 58-16a-801 ;
39 (2) a person who sells eyeglasses or spectacles as articles of merchandise or who
40 fabricates them from a prescription if the person complies with Subsection 58-16a-801 (2), and
41 if the person:
42 (a) does so in the ordinary course of trade from a permanently located and established
43 place of business;
44 (b) does not traffic or attempt to traffic upon assumed skill in testing the eye and
45 adapting lenses according to the test;
46 (c) does not duplicate, replace, or accept for replacement any ophthalmic lens, except
47 in the case of an emergency;
48 (d) does not use in the testing of the eyes any lenses or instruments other than the
49 lenses actually sold; and
50 (e) does not give or offer eyeglasses or spectacles as premiums as defined in Section
51 13-26-2 ; and
52 (3) a person who fits contact lenses under the following conditions:
53 (a) he has a current certification from both the American Board of Opticianry and the
54 National Contact Lens Examiners;
55 (b) he does not give or offer contact lenses as premiums;
56 (c) he does not perform a refraction, over-refraction, or attempt to traffic upon assumed
57 skill in testing the eye;
58 (d) he operates in the ordinary course of trade from a permanently located and

59 established place of business;
60 (e) he performs the work involved in fitting contact lenses himself and does not
61 delegate the contact lens fitting to any other individual who is not qualified under this
62 Subsection (3);
63 (f) he does not use in the testing of the eye any lenses or instruments other than the
64 lenses he actually will sell;
65 (g) he provides services only to a patient who:
66 (i) presents an unexpired contact lens prescription; or
67 (ii) has had an eye examination within the prior six months by an optometrist or
68 ophthalmologist meeting the requirements under Section 58-16a-306 ;
69 (h) he maintains a copy of the patient's contact lens prescription for not less than seven
70 years;
71 (i) he enters into a written agreement with an optometrist or an ophthalmologist before
72 July 1, 2000, to fit contact lenses prescribed by that optometrist or ophthalmologist;
73 (j) he fits contact lenses for at least two years under the direct supervision of the
74 optometrist or ophthalmologist identified in Subsection (3)(i) before July 1, 2000, as
75 documented in the written agreement; and
76 (k) the optometrist or ophthalmologist described in Subsection (3)(i):
77 (i) ensures that the final contact lens is accurate;
78 (ii) presents a written copy of the prescription to the person fitting the contact lens; and
79 (iii) ensures that a copy of the prescription is provided to the patient, except as
80 provided in Section 58-16a-306 .
81 Section 2. Section 58-16a-501 is amended to read:
82 58-16a-501. Unlawful conduct.
83 "Unlawful conduct" includes, in addition to the definition in Section 58-1-501 :
84 (1) buying, selling, or fraudulently obtaining, any optometry diploma, license,
85 certificate, or registration;
86 (2) aiding or abetting the buying, selling, or fraudulently obtaining, of any optometry
87 diploma, license, certificate, or registration;
88 (3) selling or providing contact lenses, eyeglasses, or spectacles in a manner
89 inconsistent with Section 58-16a-801 or intentionally altering a prescription unless the person

90 selling or providing the lenses is a licensed optometrist or ophthalmologist; or
91 (4) representing oneself as or using the title of "optometrist," "optometric physician,"
92 "doctor of optometry," or "O.D.," unless currently licensed under this chapter.
93 Section 3. Section 58-16a-801 is amended to read:
94 Part 8. Contact Lenses and Eyeglasses
95 58-16a-801. Contact lens and eyeglass seller or provider.
96 (1) A person may sell or provide contact lenses if the person:
97 (a) does so in the ordinary course of trade from a permanently located and established
98 place of business;
99 (b) does not perform refractions, over-refractions, or attempts to traffic upon assumed
100 skill in testing the eye;
101 (c) provides all contact lenses consistent with and in accordance with a valid contact
102 lens prescription;
103 (d) does not fit contact lenses;
104 (e) provides a contact lens to a patient after:
105 (i) receiving an unexpired verbal or written prescription; or
106 (ii) sending a contact lens prescription verification to the prescribing optometrist or
107 physician, regardless of whether the prescribing optometrist or physician responds to or
108 confirms the verification, provided that:
109 (A) the person has all of the information necessary to fill the prescription;
110 (B) the prescribing optometrist or physician has not informed the person that the
111 prescription has expired or is otherwise inaccurate prior to the person shipping or
112 hand-delivering the contact lens to the patient;
113 (C) the person confirms a valid, unexpired contact lens prescription for the patient if
114 the person is aware that the patient provided inaccurate prescription information in his last
115 order; and
116 (D) the person informs the patient that the prescription has expired or that there is a
117 medical problem associated with the prescription if the information is communicated by the
118 prescribing optometrist or physician to the person within 72 hours of the contact lens
119 prescription verification being sent; and
120 (f) maintains patient information, including the method and date of any prescription

121 verification, for no less than seven years.
122 (2) (a) A person may engage in the activities described in Subsection (2)(b), without a
123 license under this title, if the person:
124 (i) provides the eyeglasses or spectacles consistent with and in accordance with an
125 eyeglass prescription from a licensed physician or optometrist;
126 (ii) dispenses the eyeglasses or spectacles within or from the state;
127 (iii) does so in the ordinary course of trade from a permanently located and established
128 place of business;
129 (iv) does not perform refractions, over-refractions, or attempt to traffic upon assumed
130 skill in licensed physician or optometrist testing of the eye; and
131 (v) complies with impact tolerance standards based on ANSI Z80.1-2010, American
132 National Standard for Ophthalmics - Prescription spectacle lenses.
133 (b) In accordance with Subsection (2)(a), a person may:
134 (i) sell, reproduce, or dispense eyeglasses or spectacles;
135 (ii) fit or adjust eyeglasses, spectacles, or frames;
136 (iii) assist with the selection of frames for eyeglasses or spectacles;
137 (iv) measure pupillary distance and interpret pupillary distance measurements; or
138 (v) measure or interpret the reading segment height in bifocal, tri-focal, progressive, or
139 multi-focal lenses.
140 [(2)] (3) Nothing in this section may be construed as requiring a person to be licensed
141 or certified in any way under this or any another chapter of this title to sell contact lenses in
142 accordance with Subsection (1), or to sell eyeglasses or spectacles in accordance with
143 Subsection (2).




Legislative Review Note
as of 11-17-11 12:37 PM

Office of Legislative Research and General Counsel