Chap. 148.—An ACT to define and regulate the practice of optometry, to
provide for the establishment of a board of examiners in optometry,
for the examination of practitioners of optometry, for registration
and license of practitioners, to provide for a penalty for violations of
this act, and for other purposes. (H. B. 5.)

Approved March 11, 1916.

1. Be it enacted by the general assembly of Virginia, That
the practice of optometry is hereby defined to be the employ-
ment of any means other than the use of drugs, for the deter-
mination of natural and functional deficiencies of the eyes and
the adaption of lenses for the aid thereof, and it shall be unlaw-
ful for any person to practice optometry in this State after the
passage of this act, except as hereinafter provided.

2. That a board be, and the same is hereby established,
composed of five members, whose duty it shall be to carry out
the purposes and enforce the provisions of this act, and which
shall be styled the “Virginia State board of examiners in
optometry.” The governor shall within sixty days from and
after this act goes into effect, appoint five persons as such board,
and who shall possess sufficient knowledge of theoretical and
practical optics to practice optometry, and who shall have been
residents of this State actually engaged in the practice of
optometry within the meaning of this act for at least two years.
For the purpose of such appointment, the Virginia State optical
association, incorporated, shall furnish the governor with the
names of twice the number of examiners to be appointed, and
thereafter similarly for each vacancy or new appointment and
the governor may select said board from the names so furnished.

3. That the term of each member of said board shall be

three years, or until his successor is appointed, and vacancies
shall be filled for the unexpired term only, but in the original
appointment of the members of the board two shall be appointed
for a term of one year, two for two years, and one for three
years.
4. That the said board shall make such rules and regule-
tions not inconsistent with the law, as may be necessary for
the proper performance of its duties; any member of the board
may upon being duly designated by the board, or a majority
thereof, administer oaths or take testimony concerning anv mat-
ter within the jurisdiction of the board; the board shall adcpt a
seal and the secretary shall have the custody thereof, and shall
keep a record of all proceedings of the board, which shall be
open to the public, at all proper times for inspection. Said
board shall make annual report of its proceedings to the gov-
ernor, including the names of all persons who have been regis-
tered and have license in force, and an account of al! moneys
received and disbursed by them, pursuant to this act, during
the preceding year.
5. That provision shall be made by said board for holding
examination of applicants for registration to practice optometry,
at least twice in each year, if there be any such applicants.

6. That every person desiring to commence or to ccntinue
the practice of optometry after January the first, nineteen hun-
dred and seventeen, except as hereinafter provided, upon pre-
sentation of satisfactory evidence, verified by oath, that he is
of more than twenty-one years of age, of good moral character,
has a preliminary education equivalent to at least two years in
a public high school, and has also studied at least three years
in a registered optometrist’s office, or has graduated from a
school of optometry, maintaining a standard satisfactory to the
board of examiners in optometry, shall stand an examination
before said board of examiners in optometry, which examination
shall include anatomy, physiology, pathology of the eye, and
the use of the ophthalmoscope, to determine his qualifications
therefor. Every candidate successfully passing examination
shall be registered by said board of examiners in optometry as
possessing the qualifications required by this act, -and shall re-
ceive from said board of examiners in optometry a certificate
to that effect; provided, however, that any person who shall
submit to the said board of examiners in optometry satis-
factory proof that he is of good moral character, that he is and
has been engaged in the practice of optometry in a permanent
location of business in this State for more than one year next
prior to the passage of this act, shall receive from the said board
of examiners in optometry a certificate of exemption from such
examination, which certificate shall be numbered and registered
with said board and entitle him to practice optometry under this
act.

7. That the fee shall be: for examination and certificate,
ten dollars, to be paid to the secretary of the board by the ap-
plicant upon filing his application. If the applicant fails in no
more than one subject, he may have one more examination at
the next meeting of the board without any additional fee.

8. That every registered optometrist, whether by examina-
tion or exemption, shall pay to the secretary of the board each
year on or before the first day of September, beginning nineteen
hundred and seventeen, three dollars as a yearly fee for renewal
of certificate. The moneys so collected from fees shall constitute
a fund for the expense made necessary by this act.

9. That the funds realized from the aforesaid fees and
licenses shall be applied to the payment of all necessary ex-
penses of the board of examiners in optometry, including a per
diem of not more than five dollars to each member and neces-
sary expense in traveling to and from place of meeting, when
said board is in session, and the employment of attorney to as-
sist in prosecuting violators of this act.

10. That every person entitled to a certificate of exemp-
tion as hereinbefore provided, must make application therefor,
and present the evidence to entitle him thereto, on or before the
first day of January, nineteen hundred and seventeen, or he
shall be deemed to have waived his right to such certificate.
Before any certificate is issued it shall be numbered and re-
corded in a book kept by the said board of examiners in opto-
metry, and its number shall be noted upon the certificate.

11. That all recipients of said certificates of registration
shall present same for record to the clerk of the circuit court
of the county, or to the corporation court of the city in which
they reside, and shall pay a fee of fifty cents for recording same.
Said clerk shall record said certificate in a book to be provided
by him for that purpose. Any person so licensed, before en-
gaging in the practice of optometry in any other county, or city,
shall before commencing the practice in said county or city,
file the same for record with the clerk of the circuit court of the
county, or corporation court of the city in which he desires to
practice, and pay the clerk thereof for recording same a fee of
fifty cents. Any failure, neglect or refusal on the part of any
such person holding such certificate to file same for record as
hereinbefore provided, fér thirty days after the issuance thereof,
shall forfeit the same, and said certificate shall become null and
void.

12. That any person practicing optometry shall display his
‘eertificate of registration or exemption in a conspicuous place
in the principal office wherein he practices. Whenever practic-
ing outside of or away from his office, he shall deliver to each
person whom he fits with glasses a bill of purchase, which shall
contain the signature, home address, and number of his cer-
tificate of registration or exemption, together with a specifica-
tion of the lenses and the price charged therefor.

18. That the said board shall revoke a certificate of regis-
tration or exemption 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; is guilty of fraud or deceit in his
practice; has been convicted of crime; is an habitual drunkard,
or is incompetent to practice optometry; provided, that no cer—
tificate shall be revoked until the holder is given a hearing be-
fore the said board after ten days’ written notice of the time
and place of such hearing served by the secretary of the board
by registered mail at 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 cer-
tificate. 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
applications, and the board may in its discretion exempt the
applicant from examination and grant him a certificate. _

14. That no person not a holder of a certificate duly issued
to him and filed as provided shall, after January first, nineteen
hundred and seventeen, 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 cer-
tificate issued to another.

Practicing or offering to practice optometry, or the public
representation of being qualified to practice the same by any
person not authorized to practice optometry, shall be sufficient
evidence of a violation of this act; provided, however, employers
of practitioners of optometry in connection with their optical
business, may, in case of a vacancy in such position, fill the same
by the employment of some person deemed competent. And
the said person shall at once announce to the board his readiness
for examination, and may continue in his work until examined
by the board, and his fitness so determined.

15. That any violation of the provisions of this act shall
be a misdemeanor, and shall be punished by a fine of not less
than twenty-five dollars, or more than one hundred dollars, or
by imprisonment of not less than thirty days, or more than six
months, or by both fine and imprisonment. It shall be the duty
of the respective Commonwealth’s attorney to prosecute all viola-
tions of this act.

16. That nothing in this act shall be construed to apply to
duly licensed physicians, authorized to practice medicine under
the laws of the State of Virginia; nor to persons who sell spec-
tacles, eyeglasses, or lenses, either on preseriptions from physi-
cians or duly qualified optometrists, or as merchandise from a
permanently located and established place of business.