CHAPTER 351

96-S 2809 am

Effective Without the Governor's Signature

Aug. 9, 1996.

AN ACT RELATING TO BUSINESSES AND PROFESSIONS

It is enacted by the General Assembly as follows:

SECTION 1. Section 5-35-21 of the General Laws in Chapter 5-35 entitled "Optometrists" is hereby amended to read as follows:

5-35-21. Unlawful sale of spectacles. -- It shall be unlawful for any person, firm, or corporation to sell, at retail, as merchandise, in any store or established place of business in the state, any eyeglasses, spectacles, or lenses for the correction of vision, unless a duly licensed optometrist{ADD , ADD} or a physician{ADD , ADD} authorized to practice medicine {ADD or optician ADD} under the laws of this state be in charge of and in personal attendance at the booth, counter, or place where those articles are sold in that store or established place of business; provided, however, that the provisions of this section shall not be construed to apply to the sale of simple reading magnifying glasses, toy glasses, goggles consisting of plano white or plano colored lenses or ordinary colored glasses, or to persons {ADD optometrists, physicians, or opticians ADD} who sell spectacles, eyeglasses, or lenses only on {ADD in ADD} prescription{ADD ; ADD} from that licensed optometrist or physician, or to persons who duplicate broken lenses; and further provided, however, that {ADD and provided further, however, that ADD} a seller of simple reading magnifying glasses shall have the following notice permanently affixed in plain view to the top of any point of sale display:

"These magnifiers are not intended to be a substitute for corrective lenses, only a professional eye examination can determine your eye health status and vision needs." This notice shall also be prominently displayed in all newspaper, magazine, and other advertisements for simple reading magnifying glasses. As used herein, simple reading magnifying glasses shall not include lenses of bifocal design or single vision lenses of over plus 2.5 diopters or equivalent magnification.

SECTION 2. This act shall take effect upon passage.



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