OPTOMETRY LAWS OF OKLAHOMASection 941. Public Policy.
59 O.S. 941-947
OPTICAL GOODS AND DEVICES - SALE OF
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It is the public policy of the Oklahoma that the citizens of the State of Oklahoma shall receive the best possible visual care, through the efforts of well trained and qualified physicians licensed under Chapter 11, Title 59, Oklahoma Statutes, and optometrists licensed under Chapter 13, of Title 59, Oklahoma Statutes and that no unqualified person shall be permitted to visually correct for compensation the eyes of another.
Section 942. Fitting, Adjusting or Applying Lenses or Other Optical Appliances, Duplicating or Replacing Lenses, Etc. Without License Unlawful.
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A. It shall be unlawful for any person, firm, corporation, company, or partnership not licensed under the provisions of Chapter 11, Chapter 13 or Chapter 14 of this title, to:
1. To fit, adjust, adapt, or to in any manner apply lenses, frames, prisms, or any other optical appliances to the face of a person;
2. Duplicate or attempt to duplicate, or to place or replace into the frames, any lenses or other optical appliances which have been prescribed, fitted, or adjusted for visual correction, or which are intended to aid human vision;
3. Give any treatment or training designed to aid human vision; or
4. Represent or hold oneself out to the public as being qualified to do any of the acts listed in this section.
B. 1. Persons licensed pursuant to the provisions of Chapters 11, 13 or 14 of this title may in a written prescription, or its duplicate, authorize any optical supplier to interpret the prescription. The optical supplier:
a. may, in accordance with a written prescription or its duplicate, measure, adapt, fit, prepare, dispense, or adjust such lenses, spectacles, eyeglasses, prisms, tinted lenses, frames or appurtenances thereto, to the human face for the aid or correction of visual or ocular anomalies of the human eye, and
b. may continue to do such acts upon a written prescription, or its duplicate.
2. The physician or optometrist writing such prescription shall remain responsible for the full effect of the appliances so furnished by the other person.
C. 1. It is hereby prohibited and declared contrary to the public health and public policy of this state to dispense, supply, fit, adjust, adapt, or in any manner apply contact lenses to the eyes of a person whether or not those contact lenses are designed to aid or correct human vision or are plano or cosmetic contact lenses, without a prescription issued by a person licensed pursuant to Chapter 11, Chapter 13 or Chapter 14 of this title.
2. The Board of Examiners in Optometry may secure an injunction, without bond, in the district courts to prevent the dispensing, supplying, fitting, adjusting, or adapting of any contact lens without a prescription.
3. As used in this section, “plano” means a contact lens with no prescription power.
D. The provisions of this section shall not prevent a qualified person from making repairs to eyeglasses.
Section 943.1 Advertisement of Ophthalmic Lenses, Frames, Eyeglasses, Spectacles or Parts.
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A. No person, firm or corporation shall publish or display, or cause or permit to be published or displayed in any newspaper or by radio, television, window display, poster, sign, billboard or any other means, any statement or advertisement concerning ophthalmic lenses, frames, eyeglasses, spectacles or parts thereof, that is fraudulent, deceitful or misleading, including statements or advertisements of discount, premiums, price, gifts or any statements or advertisements of a similar nature, import or meaning or which is likely to mislead or deceive because in context it makes only a partial disclosure of relevant facts.
B. No person, firm or corporation shall publish or display or cause or permit to be published or displayed in any newspaper, or by radio, television, window display, poster, sign, billboard or any other means of media, any statement or advertisement of or reference to the price or prices of any eyeglasses, spectacles, lenses, frames or any other optical device or materials or parts thereof, requiring a prescription from a licensed physician or optometrist unless such person, firm or corporation complies with the provisions of subsection C through E of this section.
C. Any advertisement or statement published or displayed that contains the price of an item of the following categories:
1. Single vision lenses;
2. Kryptok bifocal lenses;
3. Regular bifocal lenses;
4. Trifocal lenses;
5. Aphakic lenses;
6. Prism lenses;
7. Double segment bifocal lenses;
8. Subnorman vision lenses;
9. Tinted lenses; and
or any other items advertised shall also contain the prices of all items in the same category. All items and prices shall be published or displayed with equal prominence. No advertisement that shows the price of items listed in the categories shown above shall contain any language which directly or indirectly compares the prices so quoted with any other prices of similar items. In showing the price of all items in any category, it shall be permissible to combine two or more category into one general category of "all other lenses" and designate the price thereby of "up to $________", which represents the highest price of any lenses included within this combined general category. Should there be a category in which two or more price differentials exist, it shall be permissible for the category to have a single listing in the advertisement with the lowest and the highest price in the category designated.
D. In the event the dispensing optician owns more than one office, the prices for all eyeglasses, spectacles, lenses, frames or other optical devices or materials or parts thereof in the same category, shall be the same in all offices located within the same county or city regardless of the name under which the dispensing optician operates the offices.
E. All items advertised by price in accordance with this section shall be available at the advertised price without limit to quantity unless the advertisement contained quantity limitations to all persons including, but not limited to, individuals, physicians, optometrists and dispensing opticians.
F. Any advertisement quoting a price or prices of spectacles, eyeglasses and other optical appliances only, shall contain a readily legible statement that the quoted price or prices "Does not include professional services of an examining optometrist or physician."
G. Dispensers of optical appliances or devices are subject to the Oklahoma Deceptive Trade Practices Act, as provided in Sections 51 through 55 of Title 78 of the Oklahoma Statutes, and in addition to the civil remedies provided therein, it shall be a misdemeanor for any dispenser of optical appliances or devices as defined herein to knowingly commit a deceptive trade practice as defined in the Oklahoma Deceptive Trade Practices Act.
H. A person who violates any provision of this act is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by confinement in the county jail for not less than two (2) months nor more than six (6) months, or both. A separate offense is committed each day a violation of this act occurs or continues. Should the violator be an optometrist, such violations also constitutes grounds for revocation of his license to practice optometry. Provided, however, the owner, officer or employee of any advertising media, not otherwise having a pecuniary interest in any advertising authorized by the provisions of this act, shall not be guilty of the misdemeanor herein above defined by reason of the publishing or other delivery of any advertising furnished by a vendor of the service or material so advertised.
Section 943.2 Prescriptions for Spectacles or Eyeglasses-Copies
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Any person who requests a copy of his prescription for spectacles or eyeglasses, following an eye examination by a person licensed under Section 481 through 518 or Sections 581 through 606 of Title 59, shall be provided a written, signed copy of such prescription. No extra charge shall be made for the prescription if the patient chooses to take the prescription elsewhere. The examining optometrist or physician shall not be responsible for the accuracy of the optical materials furnished by another person.
Section 943.3 Standards - Eyeglasses, Spectacles, Lenses or other Optical Devices or Parts.
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All eyeglasses, spectacles, lenses or other optical devices or materials or parts thereof shall conform to standards of quality as promulgated by the American Standards Association, Inc. and commonly known as Z80.1 1964 Standards, as amended.
Section 944. Rebates or Premiums to Optometrists or Physicians Prohibited - Employment for Purposes of Making Eye Examinations or Doing Visual Corrections Prohibited - Exceptions - Renting Separate Area or Room Within a Retail Store-Retail Selling of Optical Goods, Appliances, or Materials.
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A. It shall be unlawful for any optometrist, physician or other person doing, or purporting or pretending to do eye examination or visual correction to receive or accept any rebate, kick-back, reward or premium from any optical company or any other person, firm or corporation dealing in optical goods, appliances or materials, or knowingly allow or permit any person engaged in or interested in the sale of such optical goods, appliances, or materials, to solicit business for any person licensed under the provisions of Chapters 11 or 13 of this title. It shall be unlawful for any optometrist, physician, or other person to make an eye examination, or do visual correction in any manner, either directly or indirectly as an employee or associate of a person, firm, corporation, lay body, organization, group or lay person and it shall be likewise unlawful for any corporation, lay body, organization, group or lay person in any manner to make an eye examination or perform any visual correction through the means of engaging the services on a salary, commission or any other compensatory basis of a person licensed under the provisions of Chapters 11 or 13 of this title, provided that this sentence shall not apply to the University of Oklahoma School of Medicine and Hospitals, OSU College of Osteopathic Medicine or to a bona fide resident physician of a licensed hospital, and provided further that renting a separate area or room and practicing optometry within or adjacent to a retail store shall not be considered a violation of this section.
B. A person, firm, or corporation engaged in the business of retailing merchandise to the general public may rent a separate area or room within a retail store to an optometrist or optometric professional corporation for the practice of optometry in the following counties:
1. For the period beginning November 1, 2019, through October 31, 2024, in counties having a population of three hundred thousand (300,000) or more persons according to the latest Federal Decennial Census or most recent population estimate;
2. For the period beginning November 1, 2024, through October 31, 2029, in counties having a population of one hundred thirty thousand (130,000) persons or more according to the latest Federal Decennial Census or most recent population estimate;
3. For the period beginning November 1, 2029, through October 31, 2036, in counties having a population of one hundred thousand (100,000) persons or more according to the latest Federal Decennial Census or most recent population estimate;
4. For the period beginning November 1, 2036, through October 31, 2042, in counties having a population of fifty thousand (50,000) persons or more according to the latest Federal Decennial Census or most recent population estimate; and
5. For the period beginning November 1, 2042, and for all periods thereafter, all counties of the state.
C. For separate areas or rooms rented for the practice of optometry pursuant to subsection B of this section, the area or room rented for the practice of optometry must be definite and apart from space used by other occupants of the premises. Solid, opaque partitions or walls from floor to ceiling, which may contain doors and windows, must separate the area or room rented for the practice of optometry from space used by other occupants. The area or room rented for the practice of optometry must have a patient's entrance opening on a public thoroughfare, such as a public street, hall, lobby or corridor; provided that the space rented for the practice of optometry can also be accessible for a patient from the retail store if the access is through a second room with a door such that the patient does not have access to the space rented for the practice of optometry directly from the general retail area of the retail store. Renting a separate area or room and practicing optometry within or adjacent to a retail store shall not be considered a rebate, kickback, reward or premium.
D. No lessor shall include a requirement in any lease of real property pursuant to which an optometrist or the professional business entity owned by the optometrist is required to maintain specific hours of operation or which provides for payment of rent or reduction of rent based on the gross revenues of the optometrist or the professional business entity, whether characterized as production goals, patient visits or similar economic metrics or that requires or provides any type of incentive through the lease terms based on referrals by the optometrist or the professional business entity owned by the optometrist for purposes of the sale of any form of tangible personal property sold by the lessor, including, but not limited to, eyeglasses, frames, eye care products, eyeglass accessories or similar tangible personal property related to care of the human eye.
E. A person, firm or corporation engaged in the business of retailing merchandise to the general public may sell optical goods, appliances or materials and function as an optical supplier in a retail store, regardless of whether a majority of the retail store's income is derived from the sale of prescription optical goods, appliances and materials or whether an optometrist is practicing optometry in such retail store.
F. Optical goods, appliances or materials shall be subject to all provisions regarding below cost sales set forth in the Unfair Sales Act created in Section 598.1 et seq. of Title 15 of the Oklahoma Statutes.
G. Nothing in this section shall prohibit a person licensed under Chapter 11 or Chapter 13 of Title 59, Oklahoma Statutes, this title from organizing or maintaining a professional association with other persons so licensed.
Section 945. Discrimination between Licensed Practitioners by State Employees Prohibited - Exception.
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No department, commission, board, official, employee, or agency of the State of Oklahoma, or of any county, municipality or other sub-division of the State of Oklahoma shall, in the performance of its duties and functions in obtaining examination for refractions and visual training or correction for citizens of this state discriminate between persons licensed to perform examination for refraction and visual training or correction within the field for which their respective license entitle them to practice; and no such department, commission, board, official or agency of the state, county, municipality, or other sub-division shall send any resident of the State of Oklahoma out of this state to receive or be furnished such services. This section shall have no application with respect to any person confined in the Oklahoma Medical Center.
Section 946. Violations and Punishment - Injunction - Duties of County Attorneys - Act to be Cumulative with Existing Laws.
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Any person, firm, company, corporation, or partnership violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof, shall be punished for each such offense, as provided by law, and in addition thereto may be enjoined by a Court of competent jurisdiction for any further violations of the provisions of this act. It shall be the mandatory duty of the district attorneys of the respective counties to bring such injunction suits when a verified complaint is filed with such county district attorney alleging any violations of this act. This act shall not supersede other laws, but shall be cumulative to other statutes of the State of Oklahoma.
Section 947. Not to Affect Laws Concerning Chapter 14, Title 59, O.S. 1951.
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The provisions of Sections 1, 2 and 6 of this Act shall not extend, limit or affect the legal scope of practice of persons licensed under the provisions of Chapter 14, Title 59, Oklahoma Statutes 1951.