Chap. 59.—An ACT to amend and re-enact sections sixteen hundred and twenty-
four, sixteen hundred and twenty-six, sixteen hundred and twenty-seven, six-
teen hundred and thirty-five and sixteen hundred and thirty-seven of the
Code of Virginia 1919, some of which have been heretofore amended, all re-
lating to optometry. [H B 23]

Approved March 2, 1934

1. Be it enacted by the General Assembly of Virginia, That sections
sixteen hundred and twenty-four, sixteen hundred and twenty-six, six-
teen hundred and twenty-seven, sixteen hundred and thirty-five and six-
teen hundred and thirty-seven of the Code of Virginia, nineteen hun-
dred and nineteen, some of which have been heretofore amended, all re-
lating to optometry, be amended and re-enacted so as to read as follows:

Section 1624. Practice of optometry defined.—Optometry is hereby

declared to be a profession. Any person shall be deemed to be practi.
cing optometry within the meaning of this chapter who shall display <
sign, such as an eye, a pair of eyes, or who shall in any way advertise
himself as an optometrist, or who shall examine the human eye, to as-
certain the presence of defects or abnormal conditions which can be
corrected or relieved or the effects of which may be corrected or re-
lieved by the use of lenses, prisms, or ocular exercises, or employ any
subjective or objective mechanical means to determine the accommodative
or refractive states of the human eye or range or power of vision of the
human eye, or have in his possession testing appliances for the purpose
of the measurement of the powers of vision, or diagnose any ocular
refractive deficiency or deformity, visual or muscular anomaly of the
human eye, or prescribe or adapt lenses, prisms, or ocular exercises for
the correction or relief of the same, or who holds himself out as being
able to do so, or who shall use the title of doctor of optometry (O. D.),
or any other letters or title in connection with his or her name, which
in any way may convey the impression that he or she is engaged in the
practice of optometry.

Section 1626. Qualification of members-—-The members of the
board mentioned in the preceding section shall possess sufficient knowl-
edge of theoretical and practical optometry to practice optometry, and
shall have been residents of this State actually engaged in the practice
of optometry within the meaning of this chapter for at least two years.

Section 1627. Duties of the board.—The said board shall make such
rules and regulations not inconsistent with the law as may be neces-
sary for the proper performance of its duties. The board shall make
such rules and regulations not inconsistent with the law as may be
necessary to govern the ethical practice of optometry, and such rules
and regulations as may be necessary to fix the requirements of candi-
dates desiring admission to the examinations in optometry, and such
rules and regulations as may be necessary to govern the time, place and
manner of conducting examinations in optometry, and the manner and
form in which applications for such examination shall be filed. The
board shall make provision for the examination of applicants for regis-
tration to practice optometry, and shall set the necessary standards to
be attained in said examinations to entitle the candidate to receive a
license to practice optometry. Such examination shall be held at least
twice in each year if there be any candidates for examination who have
applied to the board for examination at least thirty days before the date
nxed for the holding of such examination. Any member of the board
may, upon being duly designated by the board, or a majority thereof,
udminister oaths or take testimony concerning any matter within the
jurisdiction of the board. The board shall adopt a seal, and the secre-
ary shall have the custody thereof, and he shall keep a record of all
sroceedings of the board, which shall be open to the public at all proper
imes for inspection. Said board shall make an annual report of its
oroceedings to the Governor, including the names of all persons who
ave been registered and have license in force, and an account of all
noneys received and disbursed by it during the preceains yee.

Section 1635. For what cause certificate to be revoked; how new
ertificate obtained.—The said board shall revoke a certificate of regis-
ration or exemption for the following causes:

(a) If the holder thereof is in default in the payment of his yearly
icense for more than thirty days after being notified of such default by
-egistered letter sent to his last known place of address ;

(b) If such person is guilty of fraud or deceit in his practice ;

(c) If such person has been convicted of a felony or other crime
involving moral turpitude ;

(d) If such person is an habitual drunkard or is incompetent to
practice optometry ;

(e) If such person has been guilty of fraud or deceit in the answer-
ing of any question required to be answered as to his qualification for
the purpose of being admitted to examination or in the procuring of a
certificate to practice optometry ;

(£) If such person employs an unlicensed person to do anything
for which a certificate to practice optometry is required ;

(g) If such person practices optometry while suffering from any
infectious or contagious disease ;

(h) If such person neglects or refuses to display his certificate and
the renewal receipt for the same for the current year, as required by
section sixteen hundred and thirty-four of the Code for more than thirty
days after being required to do so by written notice given him by any
member of the Virginia State Board of Examiners in Optometry ;

(i) If such person refuses or neglects to issue the bill of purchase
required in section sixteen hundred and thirty-four of the Code when
practicing outside of or away from his office ;

(j) If such person engages in the house to house soliciting for the
purpose of fitting or selling or peddling spectacles, eye-glasses or lenses.

But no certificate shall be revoked until the holder is given a hearing
before the said board after ten days’ written notice of the time and
place of such hearing, served by the secretary of the board by registerec
mail, sent to the last known address of such person. A person who shal
practice optometry after the revocation of his certificate shall be deemec
to have practiced without a certificate. A person whose certificate ha:
been revoked may, after the expiration of one year trom the date o!
such revocation, apply for a new certificate in the manner provided fot
original application, and the board may in its discretion exempt the ap
plicant from examination and grant him a certificate.

Any person whose certificate has been revoked shall have the righ
of appeal to the circuit court of the city of Richmond, either in tern
time or vacation and a trial de novo. Such appeal shall be taken withi1
thirty days from receipt of the notice of revocation.

Section 1637. Prohibitions; exemptions and penalties——It shall b
unlawful for any person to violate any of the provisions of this chapter
to do any act for which his certificate of registration or exemption ma’
be revoked as provided by section sixteen hundred and thirty-five o
the Code, as amended. The house to house soliciting for the purpose
of fitting or selling or peddling spectacles, eyeglasses or lenses by any
optometrist or by any other person is hereby prohibited and declared to
be unlawful. It shall be unlawful for any optometrist or for any
other person to use, employ or cause to be published any false, mis-
leading or trick advertisement or sign or any advertisement or sign
which would tend to mislead or deceive the public concerning any
matter relating to the practice of optometry or to the sale of any article
used or employed in connection with the practice of optometry. Any
violation of any provision of this chapter shall be a misdemeanor and the
penalty therefor shall be a fine of not less than twenty-five dollars nor
more than five hundred dollars, or imprisonment for not less than thirty
days, nor more than six months, or both. It shall be the duty of the
respective Commonwealth’s attorneys to prosecute all cases arising
under this section, but the board may employ additional counsel, from
time to time when necessary upon recommendation of the Attorney
General and with the written consent of the Governor obtained in ad-
vance to be paid only out of funds arising from the receipts of the
board when appropriated for this purpose by law.

Nothing contained in sections sixteen hundred and twenty-four to
sixteen hundred and thirty-seven, both inclusive, shall be construed to
apply to duly licensed physicians authorized to practice medicine under
the laws of this State, nor to the dispensing of spectacles, eyeglasses, or
lenses, either on prescriptions from physicians or duly qualified op-
tometrists.