{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-3205.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-3205.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-3205.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-3205.html"}],"law_id":59375,"edition_id":1,"section_id":59375,"structure_id":15566,"section_number":"54.1-3205","catch_line":"Practicing in a commercial or mercantile establishment","history":"Code 1950, \u00a7\u00a7 54-388, 54-397.1; 1968, c. 505; 1976, c. 758; 1977, c. 161; 1979, c. 39; 1988, c. 765; 2005, cc. 711, 720.","full_text":"A\n\nIt shall be unlawful for any optometrist to practice his profession as a lessee of or in a commercial or mercantile establishment, or to advertise, either in person or through any commercial or mercantile establishment, that he is a licensed practitioner and is practicing or will practice optometry as a lessee of or in the commercial or mercantile establishment.B\n\nNo licensed optometrist shall practice optometry as an employee, directly or indirectly, of a commercial or mercantile establishment, unless such commercial or mercantile establishment was employing a full-time licensed optometrist in its established place of business on June 21, 1938.C\n\nFor the purposes of this section, the term “commercial or mercantile establishment” means a business enterprise engaged in the selling of commodities.D\n\nFor the purposes of this section, an optometrist shall be deemed to be practicing in a commercial or mercantile establishment if he practices, whether directly or indirectly, as an officer, employee, lessee or agent of any person or entity in any location that provides direct access to or from a commercial or mercantile establishment. Direct access includes any entrance or exit, except an entrance or exit closed to the public and used solely for emergency egress pursuant to applicable state and local building and fire safety codes, that prohibits a person from exiting the building or structure occupied by such practice or establishment (i) onto an exterior sidewalk or public way or (ii) into a common area that is not under the control of either the optometry practice or the commercial or mercantile establishment, such as into the common areas of an enclosed shopping mall. For the purposes of this section, neither an optometric practice nor an ophthalmologic practice which sells eyeglasses or contact lenses ancillary to its practice shall be deemed a commercial or mercantile establishment. Further, any entity that is engaged in the sale of eyeglasses or contact lenses, the majority of the beneficial ownership of which is owned by an ophthalmologic practice and\/or one or more ophthalmologists, shall not be deemed a commercial or mercantile establishment.E\n\nThis section shall not be construed to prohibit the rendering of professional services to the officers and employees of any person, firm or corporation by an optometrist, whether or not the compensation for such service is paid by the officers and employees, or by the employer, or jointly by all or any of them.","order_by":null,"text":{"0":{"id":217597,"text":"It shall be unlawful for any optometrist to practice his profession as a lessee of or in a commercial or mercantile establishment, or to advertise, either in person or through any commercial or mercantile establishment, that he is a licensed practitioner and is practicing or will practice optometry as a lessee of or in the commercial or mercantile establishment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217598,"text":"No licensed optometrist shall practice optometry as an employee, directly or indirectly, of a commercial or mercantile establishment, unless such commercial or mercantile establishment was employing a full-time licensed optometrist in its established place of business on June 21, 1938.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":217599,"text":"For the purposes of this section, the term “commercial or mercantile establishment” means a business enterprise engaged in the selling of commodities.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":217600,"text":"For the purposes of this section, an optometrist shall be deemed to be practicing in a commercial or mercantile establishment if he practices, whether directly or indirectly, as an officer, employee, lessee or agent of any person or entity in any location that provides direct access to or from a commercial or mercantile establishment. Direct access includes any entrance or exit, except an entrance or exit closed to the public and used solely for emergency egress pursuant to applicable state and local building and fire safety codes, that prohibits a person from exiting the building or structure occupied by such practice or establishment (i) onto an exterior sidewalk or public way or (ii) into a common area that is not under the control of either the optometry practice or the commercial or mercantile establishment, such as into the common areas of an enclosed shopping mall. For the purposes of this section, neither an optometric practice nor an ophthalmologic practice which sells eyeglasses or contact lenses ancillary to its practice shall be deemed a commercial or mercantile establishment. Further, any entity that is engaged in the sale of eyeglasses or contact lenses, the majority of the beneficial ownership of which is owned by an ophthalmologic practice and\/or one or more ophthalmologists, shall not be deemed a commercial or mercantile establishment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":217601,"text":"This section shall not be construed to prohibit the rendering of professional services to the officers and employees of any person, firm or corporation by an optometrist, whether or not the compensation for such service is paid by the officers and employees, or by the employer, or jointly by all or any of them.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-3205\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1968, chapter 505; in 1976, chapter 758; in 1977, chapter 161; in 1979, chapter 39; in 1988, chapter 765; in 2005, chapters 711<\/a> and 720<\/a>.<\/p>","references":[{"id":80034,"section_number":"54.1-3205.1","catch_line":"Supervision by unlicensed persons prohibited","order_by":null,"url":"\/54.1-3205.1\/"},{"id":72375,"section_number":"54.1-3215","catch_line":"Board actions; reprimand, suspension, revocation, etc","order_by":null,"url":"\/54.1-3215\/"}],"refers_to":false,"permalink":{"id":242995,"object_type":"law","relational_id":59375,"identifier":"54.1-3205","token":"54.1\/III\/32\/1\/54.1-3205","url":"\/54.1-3205\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-3205\/","token":"54.1\/III\/32\/1\/54.1-3205","dublin_core":{"Title":"Practicing in a commercial or mercantile establishment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-3205","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be unlawful for any optometrist<\/span> to practice his profession as a lessee of or in a commercial or mercantile establishment<\/span>, or to advertise, either in person or through any commercial or mercantile establishment<\/span>, that he is a licensed practitioner and is practicing or will practice optometry as a lessee of or in the commercial or mercantile establishment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No licensed optometrist<\/span> shall practice optometry as an employee, directly or indirectly, of a commercial or mercantile establishment<\/span>, unless such commercial or mercantile establishment<\/span> was employing a full-time licensed optometrist<\/span> in its established place of business on June 21, 1938. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purposes of this section, the term “commercial or mercantile establishment<\/span>” means a business enterprise engaged in the selling of commodities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For the purposes of this section, an optometrist<\/span> shall be deemed to be practicing in a commercial or mercantile establishment<\/span> if he practices, whether directly or indirectly, as an officer, employee, lessee or agent of any person or entity in any location that provides direct access to or from a commercial or mercantile establishment<\/span>. Direct access includes any entrance or exit, except an entrance or exit closed to the public and used solely for emergency egress pursuant to applicable state and local building and fire safety codes, that prohibits a person from exiting the building or structure occupied by such practice or establishment (i) onto an exterior sidewalk or public way or (ii) into a common area that is not under the control of either the optometry practice or the commercial or mercantile establishment<\/span>, such as into the common areas of an enclosed shopping mall. For the purposes of this section, neither an optometric practice nor an ophthalmologic practice which sells eyeglasses or contact lenses ancillary to its practice shall be deemed a commercial or mercantile establishment<\/span>. Further, any entity that is engaged in the sale of eyeglasses or contact lenses, the majority of the beneficial ownership of which is owned by an ophthalmologic practice and\/or one or more ophthalmologists, shall not be deemed a commercial or mercantile establishment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section shall not be construed to prohibit the rendering of professional services to the officers and employees of any person, firm or corporation by an optometrist<\/span>, whether or not the compensation for such service is paid by the officers and employees, or by the employer, or jointly by all or any of them. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRACTICING IN A COMMERCIAL OR MERCANTILE ESTABLISHMENT (\u00a7 54.1-3205)\n\nA. It shall be unlawful for any optometrist to practice his profession as a\nlessee of or in a commercial or mercantile establishment, or to advertise,\neither in person or through any commercial or mercantile establishment, that he\nis a licensed practitioner and is practicing or will practice optometry as a\nlessee of or in the commercial or mercantile establishment.\n\nB. No licensed optometrist shall practice optometry as an employee, directly or\nindirectly, of a commercial or mercantile establishment, unless such commercial\nor mercantile establishment was employing a full-time licensed optometrist in\nits established place of business on June 21, 1938.\n\nC. For the purposes of this section, the term “commercial or mercantile\nestablishment” means a business enterprise engaged in the selling of\ncommodities.\n\nD. For the purposes of this section, an optometrist shall be deemed to be\npracticing in a commercial or mercantile establishment if he practices, whether\ndirectly or indirectly, as an officer, employee, lessee or agent of any person\nor entity in any location that provides direct access to or from a commercial or\nmercantile establishment. Direct access includes any entrance or exit, except an\nentrance or exit closed to the public and used solely for emergency egress\npursuant to applicable state and local building and fire safety codes, that\nprohibits a person from exiting the building or structure occupied by such\npractice or establishment (i) onto an exterior sidewalk or public way or (ii)\ninto a common area that is not under the control of either the optometry\npractice or the commercial or mercantile establishment, such as into the common\nareas of an enclosed shopping mall. For the purposes of this section, neither an\noptometric practice nor an ophthalmologic practice which sells eyeglasses or\ncontact lenses ancillary to its practice shall be deemed a commercial or\nmercantile establishment. Further, any entity that is engaged in the sale of\neyeglasses or contact lenses, the majority of the beneficial ownership of which\nis owned by an ophthalmologic practice and\/or one or more ophthalmologists,\nshall not be deemed a commercial or mercantile establishment.\n\nE. This section shall not be construed to prohibit the rendering of professional\nservices to the officers and employees of any person, firm or corporation by an\noptometrist, whether or not the compensation for such service is paid by the\nofficers and employees, or by the employer, or jointly by all or any of them.\n\nHISTORY: Code 1950, \u00a7\u00a7 54-388, 54-397.1; 1968, c. 505; 1976, c. 758; 1977, c.\n161; 1979, c. 39; 1988, c. 765; 2005, cc. 711, 720.","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}}