opticians association of georgia

opticians association of georgia

Official Georgia Code for Licensed Dispensing Opticians

Code Section 31-1-2.

(a) No person shall distribute, sell, exchange, deliver, or have in

his possession with intent to distribute, sell, exchange, or deliver

in this state any prescription eyeglass frame or prescription sunglass

frame containing any form of cellulose nitrate or other highly

flammable material.

(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.

Code Section 43-29-1.

This chapter is enacted in the exercise of the police powers of the

state. Its purposes generally are to protect the public health,

welfare, and safety by providing for the regulation of the sale,

dispensing, and supplying of all ophthalmic appliances, eyeglasses,

and all aids to human vision.

Code Section 43-29-2.

As used in this chapter, the term:

(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.

Code Section 43-29-3.

(a) There is created the State Board of Dispensing Opticians, which

board shall supervise the practice of dispensing opticians and enforce

this chapter, which board shall be composed of five licensed

dispensing opticians, each of whom shall be a resident of the state

who has been engaged in the occupation of dispensing optician in the

state for not less than five years preceding the time of his

appointment, and one additional member who shall have no connection

whatsoever with the trade or occupation of dispensing optician.

(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.

Code Section 43-29-4.

(a) The board shall have an official seal and shall keep a record of

its proceedings and a register of persons whose licenses have been

revoked.

(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.

Code Section 43-29-5.

The board shall have exclusive jurisdiction in the enforcement of this

chapter over all persons engaged in business as dispensing opticians,

whether licensed or unlicensed, provided that nothing contained in

this chapter shall be construed as limiting or abrogating the power or

authority of any board or commission created under any of the laws of

this state defining and regulating any profession to enforce such

respective laws or exercising any of the powers contained in such laws

against violators thereof, even though engaged in the business of

dispensing optician.

Code Section 43-29-6.

The board is authorized to adopt rules and regulations pursuant to

this chapter for the carrying out of the purposes of this chapter. The

violation of such rules and regulations shall be grounds for the

revocation of any license issued under this chapter.

Code Section 43-29-7.

(a) Any person wishing to obtain the right to practice the trade or

occupation of dispensing optician, as defined in this chapter, shall,

before it shall be lawful for him to do so in this state, make

application to the board, upon such form and in such manner as shall

be adopted and prescribed by the board, and obtain a license from the

board. Unless such person shall have obtained a license as provided

in this subsection, it shall be unlawful for him to practice the trade

or occupation of dispensing optician in this state; and he shall be

subject to the penalties prescribed in Code Section 43-29-21.

(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.

Code Section 43-29-8.

(a) Examination of applicants for license to practice the trade or

occupation of dispensing optician shall be made by the board according

to the methods and covering subject matter deemed by the board to be

the most practical and expeditious to test the applicant's specific

job performance requirements. Such examinations shall be written.

(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.

Code Section 43-29-9.

Any person who has been duly licensed to practice as a dispensing

optician in any state of the United States which has a standard of

qualifications and examination for such practice at least as high as

that provided for in this state by this chapter and who has been

principally engaged in such practice pursuant to such license for a

period of not less than two years preceding may, upon proper

application to the board and upon payment of a fee in an amount

established by the board in lieu of examination and registration fees,

be issued a certificate of registration without examination and shall

thereupon be authorized to practice as a registered dispensing

optician in this state subject to this chapter and the rules and

regulations of the board, provided that the state of residence of a

dispensing optician seeking registration under this Code section

accords a similar privilege to dispensing opticians licensed by

Georgia and seeking to practice as dispensing opticians in such other

state; provided, further, that an applicant for registration under

this Code section shall not, within the five years preceding his

application, have failed any examination which is required in this

state.

Code Section 43-29-10.

All persons practicing as dispensing opticians shall register with the

joint-secretary and shall pay a biennial registration fee in an amount

determined by the board, on or before the renewal date established by

the joint-secretary. Failure to register and pay this fee shall

forfeit the certificate of such delinquent, but he may be reinstated

by paying all registration dues and an additional penalty fee in an

amount established by the board.

Code Section 43-29-11.

(a) Each person who holds a license as a dispensing optician shall be

required to complete ten hours of continuing education prior to each

renewal of such license.

(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.

Code Section 43-29-12.

The board shall refuse to issue its certificate of registration and

may revoke its certificate of registration issued to any person who is

not of good moral character, who commits an act involving moral

turpitude, who is guilty of highly unprofessional conduct, or whose

certificate was issued through error, fraud, or perjury, provided that

in all such cases the board shall serve written notice of the charges

on such accused person at least ten days prior to the date set for

hearing, and such person shall be notified to appear before the board

to answer the charges at such time and place as the board may direct.

Such notice shall plainly set forth the charges made and shall notify

the accused person to appear to answer the same. On such hearing, if

the charges are found true, the accused having the right to produce

witnesses in his behalf and cross-examine those testifying against

him, the board shall render judgment against him.

Code Section 43-29-13.

Any person whose license has been revoked or suspended by the board

may appeal to the Superior Court of Fulton County for a trial de novo

by filing with the clerk a certified copy of the charge heard by the

board and his petition requesting a trial. Upon demand by the

applicant, the board shall make certified copies of any charges. When

the copy of the charge is lodged with the clerk of the Superior Court

of Fulton County and the required deposit of court cost is paid within

ten days after the board's findings, the appeal shall be considered

perfected and shall be docketed and stand for trial. No such appeal

shall operate as a supersedeas to such revocation or suspension.

Code Section 43-29-14.

(a) Dispensing opticians who dispense contact lenses shall instruct

the wearer at the time the lenses are delivered to return to the

prescribing and responsible optometrist or physician skilled in

diseases of the eye for evaluation, approval, and follow-up care.

(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.

Code Section 43-29-15.

It shall be lawful for a dispensing optician to advertise, provided

that such dispensing optician does not advertise in any manner that

would tend to mislead or deceive the public or that would in any

manner discredit others in the eye care field.

Code Section 43-29-16.

It shall be unlawful for any dispensing optician, either directly or

indirectly, to participate in any manner in the division, assignment,

rebate, splitting, or refunding of service fees or costs of completed

eyeglasses or parts thereof with a physician, optometrist, or other

person or persons.

Code Section 43-29-17.

Nothing in this chapter shall be construed to prevent the sale of

spectacles for reading purposes, toy glasses, goggles, or sunglasses

consisting of plano white, plano colored, or plano tinted glasses or

ready-made nonprescription glasses; nor shall anything in this chapter

be construed to affect in any way the manufacturing and sale of

plastic or glass artificial eyes or any persons engaged in the

manufacturing or sale of plastic or glass artificial eyes.

Code Section 43-29-18.

(a) Nothing in this chapter shall be construed to authorize or permit

any person to hold himself out as being able, or to offer, undertake,

or attempt, by any means or method, to examine eyes or to diagnose,

treat, correct, relieve, operate, or prescribe for any human ailment,

deficiency, deformity, disease, injury, pain, or physical condition.

(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.

Code Section 43-29-19.

All fees provided for in this chapter shall be paid in advance to the

joint-secretary. No funds shall be paid out unless authorized by the

chairman of the board and the joint-secretary, and no expense shall be

created in excess of the fees provided in this chapter.

Code Section 43-29-20.

The practice of the profession of dispensing optician is declared to

involve activities affecting the public interest and involving the

health and safety and welfare of the public. Such activities, when

engaged in by a person who is not licensed, are declared to be a

public nuisance and harmful to the public health, safety, and welfare.

The board or the appropriate prosecuting attorney where such nuisance

exists may bring an action to restrain and enjoin such unlicensed

practice in the superior court of the county where such unlicensed

person resides. It shall not be necessary in order to obtain the

equitable relief provided in this Code section to allege or prove that

there is no adequate remedy at law.

Code Section 43-29-21.

Any person who shall practice the trade or occupation of dispensing

optician, as defined in this chapter, without first complying with

this chapter or who shall violate any of the Code sections of this

chapter shall be deemed guilty of a misdemeanor and, upon conviction

thereof, shall be punished by a fine of not more than $500.00 or by

imprisonment of not more than six months in the county jail, or both.