opticians
association of georgia(b) Optical offices, manufacturing
companies, or laboratories which
prepare lenses for prescription
eyeglasses or sunglasses, including
industrial safety eyewear, and which
perform mechanical work upon
inert materials in the preparation
of such eyeglasses or sunglasses
shall in every case deliver the
completed product of their efforts
only to the physician, optometrist,
or licensed dispensing optician
who ordered the work performed.
(c) Any person who violates any provision
of this Code section shall
be guilty of a misdemeanor and,
upon conviction thereof, shall be
punished as follows: the first offense
shall be punished by a fine of
not more than $200.00; each subsequent
offense shall be punished by a
fine of not more than $500.00.
(1) "Board" means the State Board of Dispensing Opticians.
(2) "Dispensing optician"
means, subject to Code Section 43-29-18,
an individual who is duly
licensed to prepare and dispense lenses,
spectacles, eyeglasses, contact
lenses, and optical devices to the
intended user thereof as
specifically directed or authorized on the
written prescription of a
physician skilled in diseases of the eye
or an optometrist duly licensed
to practice his profession.
(b) The members of the board shall
be appointed by the Governor, and
each such appointee shall hold office
for a period of four years or
until his successor is appointed
and qualified.
(c) The Governor is also authorized
to fill vacancies that may occur
from time to time on said board
with persons duly qualified.
(d) The board shall select from among
its own number a chairman and a
vice-chairman, shall adopt rules
and regulations governing the
examination of applicants and the
enforcement of this chapter, and
shall establish a code of ethics
and standards of practice for
dispensing opticians and such other
rules and regulations governing
procedure as shall be necessary
and proper for the carrying out of the
objectives of this chapter.
(e) The board shall provide for meetings
at least twice each year for
the purpose of receiving applications
and giving examinations as above
provided and may meet at other times
and at such places as the board
shall designate from time to time
or fix by regulations.
(f) The board may administer oaths,
summon witnesses, and take
testimony in all matters relating
to its duties.
(g) The board shall issue a license
to practice the trade or
occupation of dispensing optician
to all persons who shall furnish
satisfactory evidence of attainments
and qualifications under this
chapter and the rules and regulations
of the board. Such license shall
be signed by the chairman and attested
by the joint-secretary, and it
shall give the person to whom it
is issued the absolute authority to
practice the trade or occupation
of dispensing optician in this state.
(h) Each member of the board shall
be reimbursed as provided in
subsection (f) of Code Section 43-1-2.
(b) The records of the board shall
be open to public inspection, and
it shall keep on file all examination
papers for a period of 90 days
after each examination. A transcript
of an entry in such records,
certified by the joint-secretary
under the seal of the board, shall be
evidence of the facts stated therein.
(b) The board shall admit to examination
any candidate who pays the
fee provided for in this chapter
and submits evidence satisfactory to
the board, verified on oath, that:
(1) The applicant is over 18 years of age;
(2) The applicant has completed
a high school education or its
equivalent, as defined by
the State Board of Education;
(3) The applicant is of good moral character; and
(4) The applicant has satisfactorily
completed one school year of
not less than an 850 hour
course of study in a recognized school of
optical dispensing or has
had practical training and experience of a
grade and character satisfactory
to the board for not less than two
years under the supervision
of a dispensing optician, a licensed
physician, or a licensed
optometrist, provided that any time spent
in a recognized school shall
be considered as part of the
apprenticeship period.
(c) Applicants for examination may
be examined by the board upon
matters pertaining to mathematics
and physics, ophthalmic materials
and laboratory technique, ophthalmic
optics, ophthalmic dispensing,
and practical subjects. When
any applicant passes the necessary
examination and meets the qualifications
set out, the board shall
issue a license to such person to
practice the trade or occupation of
dispensing optician.
(d) Such license shall be conspicuously
displayed in the office or
place of business of the dispensing
optician; and it shall not be
necessary to remove the same so
long as such dispensing optician
continues to practice his trade
or occupation in the state and so long
as the license is not revoked or
suspended by the board.
(b) There shall be paid to the joint-secretary
by each applicant for a
license an examination fee in an
amount determined by the board, which
fee shall accompany the application
for examination.
(c) Failure to pass a satisfactory
examination shall not prevent any
applicant from participating in
subsequent examinations before the
board upon complying with this chapter,
but any applicant who has
failed two examinations shall not
be permitted to take any further
examination for licensure under
this chapter until such applicant has
furnished sufficient proof of having
taken such additional education
and training as shall be required
by the board.
(b) With his application for license
renewal, each licensed dispensing
optician must submit a certificate
or certificates of attendance for
course hours completed as proof
that his education requirements have
been satisfied. The board shall
give credit for any course given by
any recognized national, regional,
or state dispensing society or
association if such course increases
the education of a dispensing
optician and is made available to
all licensed opticians on a
reasonably nondiscriminatory fee
basis. The board may also approve,
in accordance with the objectives
of this chapter, other courses held
within or outside of this state
which are available to all persons on
a reasonably nondiscriminatory fee
basis. Any group of ten or more
licensed opticians may arrange for
an educational course and request
board approval thereof. Any
such request shall be made at least 90
days prior to the proposed date
of the course and shall include full
details as to the contents of the
course, the instructors, and the
charge to be made for attendance,
as well as any other information
which the board may require.
The board shall endeavor to act upon any
request for approval at least 45
days prior to the proposed date
therefor and shall thereupon notify
all licensed opticians of the
time, place, contents, and charges
for any such approved course. The
certificate of attendance required
under this chapter shall be issued
to the optician upon completion
of the approved course. Credit will
be allowed on the basis of an hour
for an hour. To receive one hour
of credit, one must attend one full
hour. No fractional hour credits
will be allowed.
(c) The board may waive the requirements
of this Code section for any
license period for any dispensing
optician upon proof of such
optician's hardship or disability,
provided that such optician's
license may be revoked upon failure
of the licensee to complete the
required number of hours, not to
exceed 20 hours, of continuing
education within 12 months immediately
following renewal.
(d) A dispensing optician failing
to complete the course hours
required under this Code section
shall have his license restored upon
proof of subsequent completion of
required course hours and, except in
the case of a waiver granted under
subsection (c) of this Code
section, upon payment of a penalty
fee in an amount established by the
board.
(b) A dispensing optician may duplicate
lenses without prescription,
provided that a dispensing optician
shall not substitute contact
lenses for spectacles, eyeglasses,
or other optical devices except as
otherwise authorized in this chapter
or engage in the diagnosis of
diseases of the human eye or attempt
to determine the refractive
powers of the human eye or in any
manner attempt to prescribe remedies
for or treat diseases or ailments
of human beings.
(c) A dispensing optician who qualifies
under this chapter shall be
determined and recognized as engaging
in a lawful trade or occupation
in this state.
(b) Nothing in this chapter shall
be construed to limit or restrict,
in any respect, the practice of
medicine by duly licensed physicians
authorized to practice under Article
2 of Chapter 34 of this title or
the practice of optometry by duly
licensed optometrists authorized to
practice under Chapter 30 of this
title. Nothing in this chapter shall
be construed to limit or restrict
a duly licensed physician or
optometrist from the practices enumerated
and defined in this chapter;
and such licensed physician or optometrist
shall have all the rights
and privileges which may accrue
under this chapter to dispensing
opticians licensed under this chapter.
(c) Nothing in this chapter shall
be construed to impede, limit,
prevent, or restrict the furnishing,
selling, or supplying of any
commodities or services by any manufacturer,
wholesaler, jobber,
vendor, or distributor of any commodities
or services to any
manufacturer, wholesaler, jobber,
vendor, or distributor thereof or to
or as agent for any physician, optometrist
or dispensing optician or
to any clinic, infirmary, or hospital
or to any school, college, or
university.
(d) Nothing in this chapter shall
be construed to prohibit an
unlicensed person from performing
merely mechanical work upon inert
materials in an optical office or
laboratory.
(e) The services and appliances relating
to optical dispensing shall
be dispensed, furnished, or supplied
to the intended wearer or user
thereof only upon prescription issued
by a physician or an
optometrist; but duplications, replacements,
reproductions, or
repetitions may be done without
prescription, in which event any such
act shall be construed to be optical
dispensing the same as if
performed on the basis of an original
written prescription.
(f) Nothing contained in this chapter
shall be construed to require an
employee of a licensed physician
or a licensed optometrist to secure a
license under this chapter or be
otherwise subject to this chapter, so
long as such employee is working
exclusively for and under the direct
supervision of such licensed physician
or optometrist or licensed
optician and does not hold himself
out to the public generally as a
dispensing optician.