                                 CODE OF VIRGINIA

PROHIBITED ACTS (§ 54.1-3204)

It shall be unlawful for any person:

1. 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.

2. To impersonate a licensed optometrist of like or different name.

3. To buy or sell or fraudulently obtain a diploma or license.

4. To do any act for which if he were an optometrist his license could be
revoked as provided by this chapter.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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
&#8220;ophthalmic device&#8221; shall mean any device, as defined in the Drug
Control Act (&#xA7; 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.
			The provisions of this section shall be enforced in accordance with this
chapter and &#xA7; 54.1-2506.

HISTORY: Code 1950, § 54-396; 1976, c. 758; 1977, c. 161; 1979, c. 39; 1988, c.
765; 2009, cc. 353, 761.