{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-3204.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-3204.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-3204.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-3204.html"}],"law_id":73693,"edition_id":1,"section_id":73693,"structure_id":15566,"section_number":"54.1-3204","catch_line":"Prohibited acts","history":"Code 1950, \u00a7 54-396; 1976, c. 758; 1977, c. 161; 1979, c. 39; 1988, c. 765; 2009, cc. 353, 761.","full_text":"It shall be unlawful for any person:\n\n1\n\nTo practice optometry in this Commonwealth without holding a license issued by the Board. 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 the law.2\n\nTo impersonate a licensed optometrist of like or different name.3\n\nTo buy or sell or fraudulently obtain a diploma or license.4\n\nTo do any act for which if he were an optometrist his license could be revoked as provided by this chapter.5\n\nTo possess any trial lenses, trial frames, graduated test cards, appliances or instruments used in the practice of optometry, self-testing devices or eyeglass vending machines for the purpose of fitting or prescribing glasses in the practice of optometry, unless he is or unless he regularly employs on the premises a licensed optometrist or a licensed physician.6\n\nTo publish or cause to be published in any manner an advertisement that is false, deceptive or misleading, contains a claim of professional superiority or violates regulations of the Board governing advertising by optometrists.7\n\nTo sell, provide, furnish, supply or duplicate eyeglasses, or lenses for the correction of vision without the prescription of a licensed physician or licensed optometrist, unless he is the holder of a license to practice optometry or a license to practice medicine under the laws of this Commonwealth.8\n\nTo sell or dispense contact lenses, including plano or cosmetic lenses, without holding a license issued by the Board. This subdivision shall not apply to a licensed optician operating or working in a retail establishment, when selling or dispensing contact lenses, including plano or cosmetic lenses, upon the valid written prescription of an individual licensed to practice medicine or osteopathy, or a licensed optometrist.9\n\nTo dispense, administer, or sell an ophthalmic device containing Schedule III, IV, or VI controlled substances or an over-the-counter medication without holding a license issued by the Board, including TPA certification. An “ophthalmic device” shall mean any device, as defined in the Drug Control Act (§ 54.1-3400 et seq.) customarily used primarily for ophthalmic purposes, including an ophthalmic device classified by the United States Food and Drug Administration as a drug. Nothing in this subsection shall preclude a pharmacist from dispensing an ophthalmic device, as defined in this subsection, upon the written and valid prescription of an optometrist, providing the patient is then advised by the pharmacist to return for follow-up care to the optometrist prescribing the ophthalmic device.\n\t\t\tThe provisions of this section shall be enforced in accordance with this chapter and § 54.1-2506.","order_by":null,"text":{"0":{"id":265036,"text":"It shall be unlawful for any person:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":265037,"text":"To practice optometry in this Commonwealth without holding a license issued by the Board. 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 the law.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":265038,"text":"To impersonate a licensed optometrist of like or different name.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":265039,"text":"To buy or sell or fraudulently obtain a diploma or license.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":265040,"text":"To do any act for which if he were an optometrist his license could be revoked as provided by this chapter.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":265041,"text":"To possess any trial lenses, trial frames, graduated test cards, appliances or instruments used in the practice of optometry, self-testing devices or eyeglass vending machines for the purpose of fitting or prescribing glasses in the practice of optometry, unless he is or unless he regularly employs on the premises a licensed optometrist or a licensed physician.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":265042,"text":"To publish or cause to be published in any manner an advertisement that is false, deceptive or misleading, contains a claim of professional superiority or violates regulations of the Board governing advertising by optometrists.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":265043,"text":"To sell, provide, furnish, supply or duplicate eyeglasses, or lenses for the correction of vision without the prescription of a licensed physician or licensed optometrist, unless he is the holder of a license to practice optometry or a license to practice medicine under the laws of this Commonwealth.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":265044,"text":"To sell or dispense contact lenses, including plano or cosmetic lenses, without holding a license issued by the Board. This subdivision shall not apply to a licensed optician operating or working in a retail establishment, when selling or dispensing contact lenses, including plano or cosmetic lenses, upon the valid written prescription of an individual licensed to practice medicine or osteopathy, or a licensed optometrist.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":265045,"text":"To dispense, administer, or sell an ophthalmic device containing Schedule III, IV, or VI controlled substances or an over-the-counter medication without holding a license issued by the Board, including TPA certification. An “ophthalmic device” shall mean any device, as defined in the Drug Control Act (§ 54.1-3400 et seq.) customarily used primarily for ophthalmic purposes, including an ophthalmic device classified by the United States Food and Drug Administration as a drug. Nothing in this subsection shall preclude a pharmacist from dispensing an ophthalmic device, as defined in this subsection, upon the written and valid prescription of an optometrist, providing the patient is then advised by the pharmacist to return for follow-up care to the optometrist prescribing the ophthalmic device.\n\t\t\tThe provisions of this section shall be enforced in accordance with this chapter and § 54.1-2506.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8"}},"ancestry":[{"id":15566,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13078,"metadata":{},"date_created":"2026-06-26 03:56:22","date_modified":"2026-06-26 03:56:22","permalink":{"id":242973,"object_type":"structure","relational_id":15566,"identifier":"1","token":"54.1\/III\/32\/1","url":"\/54.1\/III\/32\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13078,"edition_id":1,"name":"Optometry","identifier":"32","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":242971,"object_type":"structure","relational_id":13078,"identifier":"32","token":"54.1\/III\/32","url":"\/54.1\/III\/32\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84550,"structure_id":15566,"section_number":"54.1-3200","catch_line":"Definitions","url":"\/54.1-3200\/","token":"54.1\/III\/32\/1\/54.1-3200","metadata":false},{"id":72925,"structure_id":15566,"section_number":"54.1-3201","catch_line":"What constitutes practice of optometry","url":"\/54.1-3201\/","token":"54.1\/III\/32\/1\/54.1-3201","metadata":false},{"id":63227,"structure_id":15566,"section_number":"54.1-3202","catch_line":"Exemptions","url":"\/54.1-3202\/","token":"54.1\/III\/32\/1\/54.1-3202","metadata":false},{"id":79009,"structure_id":15566,"section_number":"54.1-3203","catch_line":"License to be displayed","url":"\/54.1-3203\/","token":"54.1\/III\/32\/1\/54.1-3203","metadata":false},{"id":73693,"structure_id":15566,"section_number":"54.1-3204","catch_line":"Prohibited acts","url":"\/54.1-3204\/","token":"54.1\/III\/32\/1\/54.1-3204","metadata":false},{"id":59375,"structure_id":15566,"section_number":"54.1-3205","catch_line":"Practicing in a commercial or mercantile establishment","url":"\/54.1-3205\/","token":"54.1\/III\/32\/1\/54.1-3205","metadata":false},{"id":80034,"structure_id":15566,"section_number":"54.1-3205.1","catch_line":"Supervision by unlicensed persons prohibited","url":"\/54.1-3205.1\/","token":"54.1\/III\/32\/1\/54.1-3205.1","metadata":false},{"id":80593,"structure_id":15566,"section_number":"54.1-3206","catch_line":"Report of conviction or injunction to Board; revocation or suspension of license","url":"\/54.1-3206\/","token":"54.1\/III\/32\/1\/54.1-3206","metadata":false}],"previous_section":{"id":79009,"structure_id":15566,"section_number":"54.1-3203","catch_line":"License to be displayed","url":"\/54.1-3203\/","token":"54.1\/III\/32\/1\/54.1-3203","metadata":false},"next_section":{"id":59375,"structure_id":15566,"section_number":"54.1-3205","catch_line":"Practicing in a commercial or mercantile establishment","url":"\/54.1-3205\/","token":"54.1\/III\/32\/1\/54.1-3205","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-3204\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1976, chapter 758; in 1977, chapter 161; in 1979, chapter 39; in 1988, chapter 765; in 2009, chapters 353<\/a> and 761<\/a>.<\/p>","references":[{"id":81627,"section_number":"54.1-1509","catch_line":"Permissible practices","order_by":null,"url":"\/54.1-1509\/"},{"id":55719,"section_number":"54.1-3301","catch_line":"Exceptions","order_by":null,"url":"\/54.1-3301\/"}],"refers_to":[{"id":83130,"section_number":"54.1-2506","catch_line":"Enforcement of laws by Director and investigative personnel; authority of investigative personnel and Director","order_by":null,"url":"\/54.1-2506\/"},{"id":77846,"section_number":"54.1-3400","catch_line":"Citation","order_by":null,"url":"\/54.1-3400\/"}],"permalink":{"id":242991,"object_type":"law","relational_id":73693,"identifier":"54.1-3204","token":"54.1\/III\/32\/1\/54.1-3204","url":"\/54.1-3204\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-3204\/","token":"54.1\/III\/32\/1\/54.1-3204","dublin_core":{"Title":"Prohibited acts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-3204","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

It shall be unlawful for any person:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To practice optometry in this Commonwealth without holding a license issued by the Board<\/span>. 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<\/span> of a violation of the law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To impersonate a licensed optometrist<\/span> of like or different name. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To buy or sell or fraudulently obtain a diploma or license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To do any act for which if he were an optometrist<\/span> his license could be revoked as provided by this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To possess any trial<\/span> lenses, trial<\/span> frames, graduated test cards, appliances or instruments used in the practice of optometry<\/span>, self-testing devices or eyeglass vending machines for the purpose of fitting or prescribing glasses in the practice of optometry<\/span>, unless he is or unless he regularly employs on the premises a licensed optometrist<\/span> or a licensed physician. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To publish or cause to be published in any manner an advertisement that is false, deceptive or misleading, contains a claim of professional superiority or violates regulations of the Board<\/span> governing advertising by optometrists<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> To sell, provide, furnish, supply or duplicate eyeglasses, or lenses for the correction of vision without the prescription of a licensed physician or licensed optometrist<\/span>, unless he is the holder of a license to practice optometry or a license to practice medicine under the laws<\/span> of this Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> To sell or dispense contact lenses, including plano or cosmetic lenses, without holding a license issued by the Board<\/span>. This subdivision shall not apply to a licensed optician operating or working in a retail establishment, when selling or dispensing contact lenses, including plano or cosmetic lenses, upon the valid written prescription of an individual licensed to practice medicine or osteopathy, or a licensed optometrist<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> To dispense, administer, or sell an ophthalmic device<\/span> containing Schedule III, IV, or VI controlled substances or an over-the-counter medication without holding a license issued by the Board<\/span>, including TPA certification. An “ophthalmic device<\/span>” shall mean any device, as defined in the Drug Control Act (§ 54.1-3400<\/a> et seq.) customarily used primarily for ophthalmic purposes, including an ophthalmic device<\/span> classified by the United States Food and Drug Administration as a drug. Nothing in this subsection shall preclude a pharmacist from dispensing an ophthalmic device<\/span>, as defined in this subsection, upon the written and valid prescription of an optometrist<\/span>, providing the patient is then advised by the pharmacist to return for follow-up care to the optometrist<\/span> prescribing the ophthalmic device<\/span>.\n\t\t\tThe provisions of this section shall be enforced in accordance with this chapter and § 54.1-2506<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITED ACTS (\u00a7 54.1-3204)\n\nIt shall be unlawful for any person:\n\n1. To practice optometry in this Commonwealth without holding a license issued\nby the Board. Practicing or offering to practice optometry, or the public\nrepresentation of being qualified to practice the same by any person not\nauthorized to practice optometry, shall be sufficient evidence of a violation of\nthe law.\n\n2. To impersonate a licensed optometrist of like or different name.\n\n3. To buy or sell or fraudulently obtain a diploma or license.\n\n4. To do any act for which if he were an optometrist his license could be\nrevoked as provided by this chapter.\n\n5. To possess any trial lenses, trial frames, graduated test cards, appliances\nor instruments used in the practice of optometry, self-testing devices or\neyeglass vending machines for the purpose of fitting or prescribing glasses in\nthe practice of optometry, unless he is or unless he regularly employs on the\npremises a licensed optometrist or a licensed physician.\n\n6. To publish or cause to be published in any manner an advertisement that is\nfalse, deceptive or misleading, contains a claim of professional superiority or\nviolates regulations of the Board governing advertising by optometrists.\n\n7. To sell, provide, furnish, supply or duplicate eyeglasses, or lenses for the\ncorrection of vision without the prescription of a licensed physician or\nlicensed optometrist, unless he is the holder of a license to practice optometry\nor a license to practice medicine under the laws of this Commonwealth.\n\n8. To sell or dispense contact lenses, including plano or cosmetic lenses,\nwithout holding a license issued by the Board. This subdivision shall not apply\nto a licensed optician operating or working in a retail establishment, when\nselling or dispensing contact lenses, including plano or cosmetic lenses, upon\nthe valid written prescription of an individual licensed to practice medicine or\nosteopathy, or a licensed optometrist.\n\n9. To dispense, administer, or sell an ophthalmic device containing Schedule\nIII, IV, or VI controlled substances or an over-the-counter medication without\nholding a license issued by the Board, including TPA certification. An\n“ophthalmic device” shall mean any device, as defined in the Drug\nControl Act (§ 54.1-3400 et seq.) customarily used primarily for ophthalmic\npurposes, including an ophthalmic device classified by the United States Food\nand Drug Administration as a drug. Nothing in this subsection shall preclude a\npharmacist from dispensing an ophthalmic device, as defined in this subsection,\nupon the written and valid prescription of an optometrist, providing the patient\nis then advised by the pharmacist to return for follow-up care to the\noptometrist prescribing the ophthalmic device.\n\t\t\tThe provisions of this section shall be enforced in accordance with this\nchapter and § 54.1-2506.\n\nHISTORY: Code 1950, \u00a7 54-396; 1976, c. 758; 1977, c. 161; 1979, c. 39; 1988, c.\n765; 2009, cc. 353, 761.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}