Chap. 442.—-An ACT to amend and re-enact Sections 1626, 1631 and 1632, as
amended, and 1635, 1636, 1637 and 1638, as amended, of the Code of Virginia,

in relation to optometry and the practice of optometry in Virginia.
[S B 134]

Approved April 1, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tions sixteen hundred and twenty-six, sixteen hundred and thirty-one
and sixteen hundred and thirty-two, as amended, and sixteen hundred
and thirty-five, sixteen hundred and thirty-six, sixteen hundred and
thirty-seven and sixteen hundred and thirty-eight, as amended, of
the Code of Virginia, be amended and re-enacted so as to read as
follows:

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 duly licensed as optometrists
and actually engaged in the practice of optometry within the meaning
of this chapter for at least five years preceding the date of such
appointment.

Section 1631. Every optometrist, whether by examination or ex-
emption, shall pay to the secretary of the board each year, on or
before the first day of September, ten dollars as yearly fee for re-
newal of certificate.

Section 1632. The funds realized from the aforesaid fees and
license shall be applied to the payment of all necessary expenses of
the Board of Examiners in Optometry including a per diem, of not
more than ten dollars, to each member and the necessary expenses in
traveling to and from place of meeting, when said board is in session,
or on the business of said board, and employment of attorneys to
assist in prosecuting any or all violations of sections sixteen hundred
and twenty-four to sixteen hundred and thirty-seven, both inclusive.
All per diem expenses, salary, et cetera, to members of the board
shall be paid from funds of the board and shall in no manner be an
expense to the State. All moneys received in excess of the expendi-
tures of said board shall be held by the treasurer thereof as a special
fund for meeting the expenses of said board.

Section 1635. For What Cause Certificate to be Revoked; How
New Certificate Obtained—The said board shall revoke or suspend
a certificate of registration or exemption or censure the holder of such
certificate for any of the following causes:

1—(A) If the holder thereof is in default in the payment of
his yearly license for more than thirty days after being notified of
such default by registered letter sent to his last known place of ad-
dress;

(B) If 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
answering of any question required to be answered as to his qualifi-
cation for the purpose of being admitted to examination or in the
procuring of a certificate to practice optometry ;

(F) 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;

(H1) 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. ,

2. The following acts shall be deemed as unprofessional conduct
on the part of a holder of a certificate of registration to practice op-
tometry : ,

(a) The obtaining of any fee by fraud or misrepresentation of
the practice of deception or fraud upon any patient;

(b) The employment of any person to solicit from house to
house the sale of eve-glasses, spectacles, lenses, frames, mountings or
optometric services or examinations ;

(c) The conducting or employment of any person to conduct
a house to house canvass for the purpose of selling, advertising or
soliciting the sale of spectacles, eye-glasses, lenses, frames, mountings
or optometric services or examinations ;

(d) The advertising directly or indirectly the following: State-
ments as to skill or method of practice of any person or of any
optometrist; in any manner that will tend to deceive, mislead or
defraud the public; to claim professional superiority; to offer free
optometrical services or examinations; to set forth any amount, price,
premium, gift, discount or terms for professional services or for
eye-glasses, spectacles, lenses, frames, mountings or any other pros-
thetic devices;

(e) The employment, hiring, procuring, or inducing a person not
licensed to practice optometry to so practice;

(ft) The aiding or ‘abetting in the practice of optometry any
person not duly licensed to practice in this State;

(g) The advertising, practicing or attempting to practice optome-
try under a name other than one’s own name as set forth on the
certificate of registration ;

(h) The lending, leasing, renting or in any other manner placing
his certificate of registration at the disposal or in the service of any
person not licensed to practice optometry in this State;

(i) The splitting or dividing of a fee with any person or persons
other than with a duly registered optometrist who is a legal partner.

(j) But nothing contained in this statute shall prohibit any regis-
tered optometrist from practicing optometry as a full time employee
on the premises of any commercial or mercantile establishment and
from advertising, either himself or through such commercial or mer-
cantile establishment, that he is a duly registered optometrist and of-
fering to practice optometry as an employee of such commercial or
mercantile establishment.

(k) No registered optometrist shall practice optometry as an
employee, directly or indirectly, of any commercial or mercantile es-
tablishment nor shall he so advertise himself or through such com-
mercial or mercantile establishment, unless such commercial or mer-
cantile establishment is employing a full-time registered optometrist
in its established place of business when this act becomes effective.

3.—(a) The continuance of an optometrist directly or indirectly
in the employ of or in association with any optometrist, aiter he has
knowledge that such optometrist is engaged in violation of the pro-
visions of this act.

But no certificate shall be revoked until the holder is given a hear-
ing 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 regis-
tered mail, sent to the last known address of such person. A person
who shall practice optometry after the revocation of his certificate
shall be deemed to have practiced without a certificate. A person
whose certificate has been revoked may, after the expiration of one
year from the date of such revocation, apply for a new certificate in
the manner provided for original application, and the board may in
its discretion exempt the applicant from examination and grant him
a certificate.

Any person whose certificate has been revoked shall have the right
of appeal to the Circuit Court of the City of Richmond, either in term
time or vacation and a trial de novo. Such appeal shall be taken within
thirty days from receipt of the notice of revocation.

Section 1636. No person not a holder of a certificate duly issued
to him and filed as provided, shall practice optometry in this State.
No person shall falsely personate a registered optometrist of a like
or different name, nor buy, or sell, or fraudulently obtain a certifi-
cate issued to another.

Practicing or offering to practice optometry, or the public repre-
sentation of being qualified to practice the same by any person not
authorized to practice optometry, shall be sufficient evidence of a vio-
lation of the law.

Section 1637. Prohibitions and Penaities.

It shall be unlawful for any person:

(a) To practice optometry in this State without being the holder
of either a certificate of registration or certificate of exemption duly
issued to him and filed as provided.

(b) To falsely impersonate a registered optometrist of like or
different name.

(c) ‘To buy or sell or fraudulently obtain a diploma, certificate
of registration or certificate of exemption issued to another.

(d) To do any act for which if he were an optometrist his
certificate of registration or exemption may be revoked as provided
by section sixteen hundred and thirty-five of the Code as amended.

(e) To solicit from house to house, place to place, or on the
highways or byways the fitting, selling or peddling of spectacles, eye-
glasses or lenses.

({) To use, employ or cause to be used or employed any false,
misleading or trick advertisement or sign or any advertisement or
sign which would tend to deceive or mislead the public concerning any
matter relating to the practice of optometry or to the furnishing,
supplying or dispensing of any article used or employed in connection
with the practice of optometry whether such advertisement be printed,
radio, display or by any other means.

(g) To have possession of any trial lenses, trial frames, gradu-
ated test cards, appliances or instruments used in the practice oi
optometry, self-testing devices or eye-glass vending machines for
the purpose of fitting or prescribing glasses in the practice of optome-
try, unless he be the holder of or unless he regularly employs on
the premises the holder of, a certificate of registration or exemption
to practice optometry or a duly licensed physician.

(h) To give or offer to give either in person or by or through
employees, solicitors or agents any eye-glasses, spectacles or lenses,
either with or without frames or mountings, as a premium, gift or
inducement for the purchase of any goods, wares or merchandise.

(1) ‘To advertise by print, radio, display or by any other means
whatsoever any advertisement which quotes prices of eye-glasses,
spectacles, lenses, frames or mountings or which quotes a discount,
gift or terms of credit or payment for professional services or pros-
thetic devices, spectacles, eye-glasses, lenses, frames or mountings to
be furnished to the public or which quotes “Moderate prices’, “low
prices’, “lowest prices’, “guaranteed glasses”, “satisfaction guaran-
teed”, or any words of similar import, or which includes in said adver-
tisement the words “eye examination free’, “consultation free’, “free
eye-sight test”, “free sight test”, or any words of similar import.

(}) To sell, provide, furnish, supply or duplicate spectacles, eye-
glasses, or lenses for the correction of vision, except upon the pre-
scription of a duly licensed physician or dulv registered optometrist,
unless he is the holder of a certificate of registration or exemption to
practice optometry or a license to practice medicine under the laws of
this State.

Any violations of any provisions of sections sixteen hundred and
twenty-four to sixteen hundred and thirty-seven, both inclusive, of
this Code 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 Common-
wealth’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 advance to be paid
only out of funds arising from the receipts of the board when appropri-
ated for this purpose by law.

Section 1638. Nothing contained in sections sixteen hundred and
twenty-four to sixteen hundred and thirty-six, both inclusive, shall
be construed to apply to duly licensed physicians authorized to practice
medicine under the laws of this State.
2. (a) If any clause or section of this act shall be declared
unconstitutional or invalid for any other reason, before a court of
competent jurisdiction of this State, the remaining portion or portions
of this act shall be deemed in force and valid as if such section or
clause had not been incorporated herein.