reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-290. Purchasing, prescribing, and administering pharmaceutical agents.

Notwithstanding any other provision of law, an optometrist may purchase, possess, administer, supply, and prescribe pharmaceutical agents, including oral and topically applied medications other than Schedule I and II controlled substances as defined in Section 44-53-110 except controlled substances that have been reclassified from Schedule III to Schedule II effective on or after October 6, 2014, may continue to be purchased, possessed, administered, supplied, and prescribed by an optometrist, for diagnostic and therapeutic purposes in the practice of optometry, except that:
(1) when prescribing oral and topically applied medications, an optometrist is limited to these oral pharmaceutical agents: antihistamines, antimicrobial, antiglaucoma, over-the-counter drugs, and analgesics for the treatment of ocular and ocular adnexal eye disease. An optometrist may only prescribe these medications for the treatment of ocular and ocular adnexal eye disease;
(2) when prescribing medications for the treatment of ocular and ocular adnexal disease, documentation in the patient's chart and appropriate consultations and referrals must be in accordance with the standard of care provided for in Section 40-37-310(E);
(3) when prescribing analgesics, the prescription must be limited to a seven-day supply;
(4) when prescribing topical steroids, if after twenty-one days of treatment it is necessary to continue this medication, the optometrist shall communicate and collaborate with an ophthalmologist;
(5) no medications may be given by injection or intravenously.
HISTORY: 2005 Act No. 135, Section 1; 2015 Act No. 43 (H.3443), Section 1, eff May 7, 2015.
Editor's Note
Prior Laws:1984 Act No. 312, Section 3; 1993 Act No. 65, Section 5; 1976 Code Section 40-37-105.
Effect of Amendment
2015 Act No. 43, Section 1, in the introductory paragraph, inserted the exception for reclassified controlled substances.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-300. Establishing pharmacy or selling pharmaceutical agents; dispensing contact lenses.

(A) An optometrist may not establish a pharmacy in an optometry office or sell pharmaceutical agents prescribed in treatment unless there is a licensed pharmacist on staff and present when these prescriptions are filled. However, nothing in this section or in any other provision of law prohibits a licensed optometrist from administering or supplying pharmaceutical agents to a patient, without charge for the pharmaceutical agents, to initiate appropriate treatment.
(B) Notwithstanding subsection (A) or any other provision of law, an optometrist may purchase, possess, administer, sell, prescribe, or dispense contact lenses, contact lens solutions, and topically applied dyes.
(C) For purposes of this chapter "supply" is limited to pharmaceutical agents given to a patient by an optometrist for the purpose of initiating treatment until the patient's prescription can be filled by a registered pharmacist.
HISTORY: 2005 Act No. 135, Section 1.
Editor's Note
Prior Laws:1993 Act No. 65, Section 2; 1976 Code Section 40-37-106.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-310. Referrals for treatment of eye diseases; glaucoma treatment; eye surgery.

(A) In the diagnosis and treatment of ocular and ocular adnexal eye disease, documentation in the patient's chart and appropriate consultations and referrals must be in keeping with the standards of care provided for in this section.
(B) In the diagnosis or treatment of eye disease, an optometrist, using judgment and that degree of skill, care, knowledge, and attention ordinarily possessed and exercised by optometrists in good standing under like circumstances, shall refer a patient to an appropriate medical or osteopathic doctor including, but not limited to, corneal, glaucoma, or retinal ophthalmological specialists when additional evaluation or treatment is necessary. However, an optometrist may refer a patient to another optometrist when additional evaluation or treatment is necessary or to a medical or osteopathic doctor as provided for in this section, and an optometrist may refer a patient to another optometrist for the purpose of fitting or dispensing eye glasses, contact lenses, or low vision aids. The South Carolina Board of Examiners in Optometry shall promulgate regulations for the maintenance of records of referrals by optometrists in accordance with this section.
(C) Notwithstanding subsection (B), in treating and managing glaucoma an optometrist must strive to achieve a stable range of intraocular pressures considered unlikely to cause further optic nerve damage in that patient. Once this range of pressures is selected based on conditions presented by the patient, the optometrist must enter this range in the patient's chart. If no measurable progress is achieved in realizing the selected range of pressures within sixty days of initiating treatment, the optometrist shall refer the patient to an ophthalmologist. However, when treating acute angle closure glaucoma, an optometrist immediately shall initiate treatment, after which, the optometrist shall make an appropriate referral to an ophthalmologist.
(D) An optometrist is prohibited from performing surgery. For purposes of this section surgery includes, but is not limited to, an invasive procedure using instruments that require closure by suturing, clamping, or other similar devices or a procedure in which the presence or assistance of a nurse anesthetist or an anesthesiologist is required. An optometrist is also prohibited from performing laser surgery. However, nothing in this section or any other provision of law may be construed to prohibit an optometrist from removing superficial ocular and ocular adnexal foreign bodies; removal of other foreign bodies must be referred to an ophthalmologist.
(E) An optometrist must be held to the same standard of care as persons licensed under Chapter 47, Title 40, Physicians, Surgeons, and Osteopaths, and shall maintain a minimum of one million dollars in malpractice insurance coverage.
HISTORY: 2005 Act No. 135, Section 1.
Editor's Note
Prior Laws:1984 Act No. 312, Section 4; 1993 Act No. 65, Section 6; 1976 Code Section 40-37-107.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-325. Multiple offices; display of license.

Nothing in this chapter may be construed to limit the number or to prescribe or restrict the location of offices an individual optometrist or group of optometrists may operate. Every optometrist must display a separate certificate of licensure certified by the board in each location in which the optometrist practices. Duplicate certificates of licensure may be obtained from the board by filing an application on a form prescribed by the board and paying the prescribed fees.
HISTORY: 2005 Act No. 135, Section 1.
Editor's Note
Prior Laws:1917 (30) 1; Civ. C. '22 Section 2462; 1929 (36) 141; 1932 Code Section 5241; 1942 Code Section 5241; 1952 Code Section 56-1068; 1962 Code Section 56-1068; 1982 Act No. 395, Section 1; 1976 Code Section 40-37-120.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-330. Use of optometrist's services authorized for agency and school-required examinations.

(A) Whenever it is required by law that a visual test of the eye must be made or optometric care of the eye is required of a person by a school or college or a state or county agency, the test or care may be given by an optometrist licensed in this State. When a person is required to furnish evidence of visual efficiency, a report of a licensed optometrist is sufficient evidence to comply with the requirement.
(B) All agencies of the State and its subdivisions and all commissions, clinics, and boards administering relief, public assistance, public welfare assistance, social security, or health services under the laws of this State shall accept the services of licensed optometrists for all services that they are licensed to perform relating to a person receiving benefits from such an agency or subdivision of the State. These agencies, or agents, officials, or employees of these agencies, including the public schools, may counsel with and advise the persons needing eye care as to the type of service needed and as to those qualified to render the service; however, no attempt may be made to guide an individual seeking vision or eye care to either an optometrist or a physician licensed under Chapter 47, Title 40, Physicians, Surgeons, and Osteopaths. The patient must be given free choice in selecting a specialist to serve the patient's vision or eye-care needs in examinations, vision screening, or other vision-related services. However, an exception must be made in emergency cases of obvious eye injury or disease where delay in obtaining the services of a physician licensed under Chapter 47, Title 40, Physicians, Surgeons, and Osteopaths, might endanger the patient's visual health. Additionally, in recognized instances of disease or anomalies disclosed in the original physical evaluation by an agency, these cases may be referred directly to specialists, ophthalmologists, or optometrists as considered appropriate by the evaluating agency.
(C) There may be no differential in the fee schedule for payment of vision or eye-care services, whether performed by an optometrist or a physician licensed under Chapter 47, Title 40, Physicians, Surgeons, and Osteopaths, that is, for like services common to both professions.
(D) No funds appropriated for vision or eye care may be used by an agency that practices discrimination between a licensed optometrist or a physician licensed under Chapter 47, Title 40, Physicians, Surgeons, and Osteopaths.
(E) Nothing in this section may prevent a nurse, school teacher, or welfare worker, employed in public service, from ascertaining the probable need of visual services, if the person does not attempt to diagnose, prescribe, or recommend a particular practitioner or system of practice.
HISTORY: 2005 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-350. Exceptions from application of chapter.

(A) This chapter does not apply to:
(1) a bona fide student of optometry, medicine, or osteopathy in the clinic rooms or an approved program of an accredited school of optometry, medicine, or osteopathy;
(2) a commissioned officer in the armed services who is engaged in the practice of optometry in this State insofar as the practice is in the performance of the officer's military duties; or
(3) an individual licensed in another jurisdiction who is in this State to make a clinical demonstration before a professional society or association, convention, school or college, or agency of the government.
(B) Nothing in this chapter may be construed to apply to:
(1) a physician licensed under Chapter 47, Title 40, Physicians, Surgeons, and Osteopaths, in the due course of professional practice; or
(2) persons who sell as merchandise from an established place of business, ready-made eyeglasses or spectacles if the person does not aid the purchaser in the fitting of the eyeglasses or spectacles; or
(3) persons representing supply companies in the act of selling supplies or equipment to licensed eye-care providers.
(C) Nothing in this chapter precludes a licensed optician from practicing opticianry as defined by the laws of this State.
HISTORY: 2005 Act No. 135, Section 1.
Editor's Note
Prior Laws:1917 (30) 1; Civ. C. '22 Sections 2455, 2469; 1929 (36) 141; 1932 (37) 1333; 1932 Code Sections 5234, 5248; 1937 (40) 394; 1942 Code Sections 5234, 5248; 1945 (44) 367; 1952 Code Section 56-1083; 1962 Code Section 56-1083; 1982 Act No. 395, Section 1; 1976 Code Section 40-37-260.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-360. Price of eyeglasses.

Nothing contained in this chapter or any other provision of law may be construed to restrict or set the price that may be charged for eyeglasses.
HISTORY: 2005 Act No. 135, Section 1.
Editor's Note
Prior Laws:1982 Act No. 395, Section 1; 1976 Code Section 40-37-270.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-370. Maintenance of laboratory.

Nothing in this chapter or any other provision of law may be construed to prevent an optometrist licensed under this chapter from maintaining and operating a laboratory required for private professional practice.
HISTORY: 2005 Act No. 135, Section 1.
Editor's Note
Prior Laws:1917 (30) 1; Civ. C. '22 Section 2458; 1932 Code Section 5237; 1941 (42) 139; 1942 Code Section 5237; 1947 (45) 130; 1948 (45) 1694; 1952 Code Section 56-1084; 1962 Code Section 56-1084; 1982 Act No. 395, Section 1; 1976 Code Section 40-37-280.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-390. Unlawful advertising practices.

(A) It is unlawful for a person, partnership, or corporation that provides optometric services to disseminate, directly or indirectly, or cause to be disseminated any untruthful, deceptive advertisement or representation concerning eye examinations, ophthalmic goods, ophthalmic services, or the practice of optometry. It is also unlawful for a person, partnership, or corporation to disseminate, directly or indirectly, or cause to be disseminated any untruthful, impossible, improbable, misleading, or deceptive advertisement or representation concerning the terms, guarantee, or warranty that relates to the procurement of ophthalmic goods or services.
(B) It is unlawful for a person, partnership, or corporation that provides optometric services to offer or give eye examinations as a premium or bonus with the purchase of merchandise or in any other manner to induce trade without offering the following information:
(1) if the offered examination fee is represented as being a reduced price, sale price, or discounted price, the offer must disclose whether the reduced price, sale price, or discounted price is from the offeror's regular selling price or must disclose any other price and its source if it serves as the standard from which the offeror represents the offered price as being a reduced price, sale price, or discounted price;
(2) if ophthalmic materials are offered in conjunction with a reduced examination fee, the offer must include complete price information regarding all ophthalmic materials;
(3) the date the offer terminates.
(C) It is unlawful for a person, partnership, or corporation to disseminate price information concerning ophthalmic goods and services without including whether an advertised price for:
(1) eyeglasses includes single vision or multi-focal lenses;
(2) contact lenses refers to hard or soft contact lenses;
(3) ophthalmic materials includes all dispensing fees;
(4) ophthalmic materials includes an eye examination;
(5) eyeglasses includes both frame and lenses; and
(6) ophthalmic materials carries restrictions on selection.
(D) Nothing in this chapter prevents a person from making truthful, nondeceptive claims of qualifications and professional affiliations.
HISTORY: 2005 Act No. 135, Section 1.
Editor's Note
Prior Laws:1917 (30) 1; Civ. C. '22 Section 2466; 1932 Code Section 5245; 1937 (40) 394; 1942 Code Section 5245; 1952 Code Section 56-1075; 1962 Code Section 56-1075; 1977 Act No. 211; 1982 Act No. 395, Section 1; 1988 Act No. 501, Section 1; 1976 Code Section 40-37-180.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-400. Immunity.

No member of the board, its committees, special examiners, agents, and employees may be held liable for acts performed in the course of official duties except where actual malice is shown.
HISTORY: 2005 Act No. 135, Section 1.
Editor's Note
Prior Laws:1982 Act No. 395, Section 1; 1976 Code Section 40-37-300.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-410. Severability.

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
HISTORY: 2005 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-5. Application of chapter; conflict of laws.

Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to opticians regulated by the Department of Labor, Licensing and Regulation under this chapter. If there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-10. Board of Examiners in Opticianry; membership; nominations; terms; removal.

(A) There is created the South Carolina Board of Examiners in Opticianry which consists of seven members. Five members must be licensed opticians appointed by the Governor upon nomination by all licensed opticians in this State through an election conducted by the board. The Governor may reject any or all of those nominated upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of the nominees, additional nominees must be elected and submitted in the same manner as the initial nominees. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. Two members must be members of the general public who do not derive their income or support from any optical or optical-related business or who are not related to an optician or a person engaged in an optical-related business. The members from the general public may be nominated by an individual, group, or association and appointed by the Governor in accordance with Section 40-1-45.
(B) The members of the board serve terms of four years and until their successors are appointed and qualify.
(C) The Governor may remove a member of the board in accordance with Section 1-3-240. No member may be removed without first giving the member an opportunity to refute the charges filed against the member, and the member must be given a copy of the charges at the time they are filed.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1976 Code Section 40-38-30.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-20. Definitions.

As used in this chapter:
(1) "Optician" means one who prepares and dispenses lenses, spectacles, eyeglasses, and appurtenances to the intended wearers on prescriptions from licensed physicians or optometrists and in accordance with these prescriptions, mechanically interprets, measures, adapts, fits, and adjusts lenses, spectacles, eyeglasses, and appurtenances to the human face for the aid or correction of visual or ocular anomalies of the human eye;
(2) "Apprentice" means a qualified person registered by the board who is working under the supervision of a licensed optician, optometrist, or ophthalmologist and who is being trained in the practice of opticianry;
(3) "Board" means the South Carolina Board of Examiners in Opticianry; and
(4) "Direct supervision" means, with regard to a supervisee, the licensed optician must be on the premises at all times.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1976 Code Section 40-38-10.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-30. Unlawful to practice opticianry without license.

It is unlawful for a person to practice as an optician without being licensed in accordance with this chapter. A person who displays a sign or in any way advertises himself to be an optician is deemed to be practicing opticianry within the meaning of this chapter.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1976 Code Section 40-38-20.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-50. Administration of Board by Department of Labor, Licensing and Regulation.

The board must be administered by the Department of Labor, Licensing and Regulation in accordance with Article 1, Chapter 1, Title 40.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-60. Adoption of bylaws to govern board proceedings.

The board may adopt bylaws governing its own proceedings and promulgate regulations for the practice of opticianry and examination of applicants for the practice of opticianry.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1993 Act No. 181, Section 914.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-70. Board responsibilities regarding examinations, investigations, and prosecutions.

The board shall examine or provide for the examination of applicants for licenses in opticianry, investigate complaints, and investigate and prosecute violations of this chapter.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-80. Collection of evidence for investigations and other board proceedings.

For the purpose of conducting an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of documents or records which the board considers relevant to the inquiry.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-90. Participation in hearing by board member filing complaint or conducting investigation.

If a board member files a complaint or conducts the initial investigation of a complaint, the board member must not participate in the capacity as board member at the hearing of that complaint.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-110. Grounds for license revocation, suspension, or limitations, or for disciplinary action against licensee.

(A) In addition to the grounds for disciplinary action provided in Section 40-1-110, the board may revoke, suspend, or otherwise restrict or limit the license of an optician or reprimand or otherwise discipline a licensee when it is established upon a satisfactory showing to the board that the licensee:
(1) has been convicted of a felony or crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is considered a conviction;
(2) has knowingly performed an act which in any way assists a person to practice opticianry illegally;
(3) has caused to be published or circulated directly or indirectly fraudulent, false, or misleading statements as to the skill or methods of practice of an optician;
(4) has failed to provide and maintain reasonable sanitary facilities;
(5) is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;
(6) has violated a provision of this chapter or a regulation promulgated under this chapter; or
(7) has been guilty of using third-party solicitation which is untruthful, deceptive, and coercive to obtain patronage.
(B) In addition to all other remedies and actions provided for in this chapter, the license of an optician adjudged mentally incompetent by a court of proper jurisdiction automatically must be suspended by the board until the optician is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1976 Code Section 40-38-220.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-120. Disciplinary actions permitted by board; procedures.

In addition to the sanctions the board may take against a person pursuant to Section 40-38-110, the board may take disciplinary action against a person as provided for in Section 40-1-120.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1976 Code Section 40-38-230.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-130. Denial of license on same grounds as for disciplinary actions.

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-150. Voluntary surrender of license by licensee under investigation.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-160. Right of aggrieved person to seek review of board decision.

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-170. Payment of investigation and prosecution costs by violator.

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-190. Confidentiality of proceedings under provisions of this chapter.

All investigations and proceedings undertaken under the provisions of this chapter are confidential and all communications are privileged as provided for in Section 40-1-190.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-200. Violations; penalty.

A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than one year. Each violation constitutes a separate offense. Penalties provided for in this chapter or in Article 1, Chapter 1, Title 40 may be imposed against a corporation, association, or person aiding and abetting in a violation.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1976 Code Section 40-38-250.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-210. Additional civil penalties and injunctive relief.

In addition to initiating a criminal proceeding for a violation of this chapter, the board also may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-230. Examinations; applications; fees; competency examinations; contact lens examinations.

(A) A person desiring to be examined by the board must submit an application furnished by the board sixty days before the examination. The application must be accompanied by a fee established by the board in regulation and in accordance with Section 40-1-50(D).
(B) An applicant for examination shall pass the opticianry competency examination prepared by the American Board of Opticianry, or if that examination is not available, an opticianry competency examination prepared by the board. Examinations in dispensing and other practical areas of opticianry may be conducted by the board. The board may not require an examination that is substantially duplicative of the national examination if the national examination is available.
(C) An optician or applicant for licensure as a contact lens optician successfully shall complete a written qualifying contact lens examination prepared by the National Committee of Contact Lens Examination, or if that examination is not available, an equivalent examination prepared by the board.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1988 Act No. 528, Section 1; 1976 Code Section 40-38-130.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-240. Qualifications for licensure as optician or contact lens optician.

(A) A person is qualified to receive a certificate of licensure as an optician if the person has:
(1) graduated from an accredited public or private high school or secondary school of equal grade approved by the board or has completed an equivalent course of study approved by the board.
(2)(a) received a certificate from a two-year school of opticianry approved by the board;
(b) a currently valid optician's license in another state;
(c) been engaged in opticianry for not less than two years in a state that does not license opticians; or
(d) had two years' apprenticeship under a South Carolina licensed optician, optometrist, or ophthalmologist. The board must approve in writing an apprenticeship before the apprenticeship commences, and the regulations of the board apply to the apprentice.
(3) satisfactorily passed an examination conducted or recognized by the board and shows proficiency in processing a lens, frame, or any other optical device or appurtenance in accordance with an optometrist's or physician's prescription. Processing does not mean those tasks and functions in surface grinding performed by persons who work in a wholesale laboratory.
Having met the requirements of this subsection and upon payment of a licensure fee established by the board in regulation, the board shall issue a certificate of licensure and shall enter the person in the board register as licensed to work as an optician.
(B) A person is qualified to receive a certificate of licensure as a contact lens optician who has:
(1) met all the requirements of subsection (A); and
(2) satisfactorily passed a written qualifying contact lens examination conducted or recognized by the board.
Having met the requirement of this subsection and upon payment of a licensure fee established by the board in regulation, the board shall issue a certificate of licensure and shall enter the person in the board register as licensed to work as a contact lens dispensing optician.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1988 Act No. 528, Sections 2, 3; 1976 Code Section 40-38-120.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-260. Annual renewal of licenses and registrations; fees; revocation for default; reinstatement; continuing education requirements.

(A) A licensed optician or registered apprentice who desires to continue to be licensed or registered in this State annually, on or before the first day of October, shall pay a renewal fee, to be established by the board in regulation and in accordance with Section 40-1-50(D). In case of default in payment of the fee, the person's license or registration is automatically revoked if the board gives the licensee thirty days' notice in writing before the effective date of revocation. Deposit of the notice in the United States Postal Service addressed to the person at the person's last place of residence or business, registered with the board, with postage prepaid, constitutes legal service of the notice. No license or registration may be revoked for nonpayment of the renewal fee if within the thirty-day notice period the person pays a renewal fee and a penalty established by the board in regulation. A person whose license or registration has been revoked for failure to pay the renewal fee may apply to have it reinstated upon payment of all renewal fees and a penalty as established by the board in regulation. If the license or registration has been lapsed for more than two years, the person shall appear before the board, which shall determine if the license or registration should be reinstated and the terms under which the reinstatement is to be made. A person holding a license or registration in South Carolina not practicing in this State who wishes to keep the license or registration current, annually may pay an inactive license or registration fee established by the board in regulation. If the person decides to resume practice in this State, the person shall pay the fee being charged active practitioners in South Carolina at that time.
(B) An optician or apprentice annually shall attend a minimum of four hours of continuing education courses or meetings, one hour of which may be in office management or administration. The instruction must be on subjects relative to opticianry at board-approved and recognized educational seminars and courses or accredited institutions of learning. An optician holding a contact lens license must obtain one additional hour of continuing education courses or meetings, which must be in contact lens education at board-approved and recognized educational seminars and courses or accredited institutions of learning. Satisfactory proof of compliance with this subsection is a prerequisite for annual renewal.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1976 Code Section 40-38-180.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-270. Fitting of contact lenses and professional determinations by opticians prohibited; exception.

Notwithstanding any other provision of law, with respect to contact lenses, an optician shall act upon receipt of and based on a prescription for the lenses by an ophthalmologist or optometrist. Nothing in this chapter may be construed to allow an optician to fit contact lenses or to make professional determinations as lenses to the specifications of these lenses unless under the supervision of an ophthalmologist or optometrist. If supervision is not direct and if the optician dispenses the contact lenses outside of the presence of the ophthalmologist or optometrist, the optician shall instruct the patient to return to the prescribing ophthalmologist or optometrist for verification of the fitting as soon as an appointment may be obtained.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1976 Code Section 40-38-150.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-280. Ophthalmic dispensing of services and appliances; prescription required; exceptions.

The services and appliances related to ophthalmic dispensing must be dispensed, furnished, or supplied to the intended wearer or user only upon prescription issued by a physician or an optometrist; however, duplications, replacements, reproductions, or repetitions may be provided without prescription and are deemed to be ophthalmic dispensing, as if performed on the basis of a written prescription. Oral prescriptions are permitted if the optician maintains a written record. Contact lenses may be dispensed only in accordance with Section 40-38-270.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-290. Dispensing of spectacles to public from manufacturing or warehouse locations prohibited.

It is unlawful for an ophthalmic manufacturer, wholesale supply house, or any of their employees, whether licensed as an optician or unlicensed, to dispense spectacles to the public from its manufacturing or wholesale locations.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1976 Code Section 40-38-190.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-300. Use of optician's license by unlicensed persons unlawful; assistants under supervision of opticians; delegation of tasks.

(A) It is unlawful for an optician to permit his license to be used by an unlicensed person, and it is unlawful for an unlicensed person to practice or attempt to practice or conduct optician business under the rights and privileges conferred upon another person who is a licensed optician.
(B) Notwithstanding any other provision of law, an optician may delegate tasks to assistants working under his direct supervision. However, under no circumstances may an assistant be allowed to perform a contact lens fitting. Nothing in this section precludes an optician who is supervising an assistant from being absent from the practice for reasonable periods during the working day including, but not limited to, lunch or other customary, practice-related absences; however, no contact lenses may be dispensed during the optician's absence.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1976 Code Section 40-38-200.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-310. Unlawful advertising, sales, and pricing acts regarding ophthalmic goods and services; required disclosures.

(A) It is unlawful for a person to disseminate, directly or indirectly, or cause to be disseminated any untruthful, deceptive advertisement, or representation concerning eye examinations, ophthalmic goods, ophthalmic services, or the practice of opticianry. It is unlawful for a person, partnership, or corporation to disseminate, directly or indirectly, or cause to be disseminated any untruthful, impossible, improbable, misleading, or deceptive advertisement or representation concerning the terms, guarantee, or warranty which relates to the procurement of ophthalmic goods or services.
(B) It is unlawful for a person to offer or give eye examinations, eyeglasses, spectacles, lenses, or any part used in connection with them as a premium or bonus with merchandise or in any other manner to induce trade. This section does not prohibit giving ophthalmic products incidental to the use of the product being offered or the offering of a reduced price, sale, or discount on purchases.
These disclosures must be made with any offer:
(1) if the offered price is represented as being a reduced price, sale price, or discounted price, the offer shall disclose the reduced price, sale price, or discounted price is from the offeror's regular selling price or shall disclose any other price and its source which serves as the standard from which the offeror represents the offered price as being a reduced price, sale price, or discounted price;
(2) the date the offer terminates.
(C) It is unlawful for a person to disseminate price information concerning ophthalmic goods and services without including an advertised price for:
(1) eyeglasses includes single vision or multi-focal lenses;
(2) contact lenses refers to hard or soft contact lenses;
(3) ophthalmic materials includes all dispensing fees;
(4) ophthalmic materials includes an eye examination; and
(5) eyeglasses includes both frame and lenses.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1988 Act No. 528, Section 1; 1976 Code Section 40-38-70.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-320. Use of third-party solicitations; restrictions.

Nothing in this chapter prevents opticians from using third-party solicitation which does not involve uninvited, in-person solicitation of persons who, because of their particular circumstances, may be vulnerable to undue influences.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-330. Regulations by board concerning employment, location and number of stores, advertising, and display of products prohibited.

The board has no authority to promulgate regulations governing the employment of opticians, the location of optical stores, the number of optical stores operated, the advertising of optical products or services, or the manner in which these products can be displayed.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-340. Advertising by dispensing optician under corporate name, trade name, or as successor to another optician.

Dispensing opticians may hold themselves out as doing business and may advertise under their corporate name, trade name, or as successor to another optician in the State, and the board may not promulgate regulations restricting these rights.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1976 Code Section 40-38-80.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-350. Display of certificate of licensure; effect of failure to display certificate.

(A) A person to whom a certificate of licensure is granted under this chapter shall display it in a conspicuous place in the person's principal office or place of business or employment. A separate certificate of licensure as a contact lens optician granted by the board also must be displayed by an optician eligible to dispense contact lenses.
(B) A person who fails, neglects, or refuses to display the certificate of licensure is deemed to have forfeited the certificate, and it may not be restored except upon the payment of a reinstatement fee of twenty-five dollars.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1976 Code Sections 40-38-160, 40-38-170.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-360. Service of required notices; prima facie evidence.

Notices required by this chapter may be sent by registered mail, return receipt requested, to the person's last mailing address furnished to the board. The post office registration receipt signed by the recipient, his agent, or a responsible member of his household or office staff or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused is prima facie evidence of service of the notice.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-370. Persons excepted from application of chapter.

This chapter does not apply to:
(1) physicians licensed in this State for the practice of medicine or osteopathy;
(2) optometrists licensed under the laws of this State to practice optometry; or
(3) persons who sell as merchandise from an established place of business ready-made eyeglasses or spectacles if the person does not aid the purchaser in the fitting of the eye glasses or spectacles.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 38 - Opticians › Section 40-38-390. Severability.

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
HISTORY: 1998 Act No. 426, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-10. Definitions.

The following definitions apply for purposes of this chapter:
(1) "Person" means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity however organized.
(2) "Pawnbroker" means any person engaged in the business of lending money on the security of pledged goods, or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
(3) "Pledged goods" means tangible personal property other than vehicles as defined in Section 56-3-20(1) required to be registered and licensed pursuant to Title 56, choses in action, title, securities, or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his business in connection with a pawn transaction.
(4) "Pawnshop" means the location at which or premises in which a pawnbroker regularly conducts business.
(5) "Month" means that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no corresponding date, then the last day of the following month, and when computations are made for a fraction of a month, a day is one-thirtieth of a month.
(6) "Administrator" means the administrator of the Department of Consumer Affairs.
(7) "Pawn transaction" means the pledging with a pawnbroker under this chapter of a single item of goods or tangible personal property as security for a loan of money. Items that are usually sold as a set are considered a single item and must be included in the same transaction, and a pledged item together with items that are accessories to the pledged item are considered a single item and must be included in the same transaction. A separate pawn transaction retains its separate character when it is renewed, unless the parties agree otherwise.
HISTORY: 1988 Act No. 491, Section 2; 2016 Act No. 262 (H.4090), Section 4, eff June 9, 2016.
Editor's Note
Prior Laws:1900 (23) 427; Civ. C. '02 Section 1749; Civ. C. '12 Section 2625; Civ. C. '22 Section 3946; 1932 Code Section 7130; 1942 Code Section 7130; 1952 Code Section 56-1151; 1962 Code Section 56-1151.
Effect of Amendment
2016 Act No. 262, Section 4, in (3), inserted reference to vehicles as defined in Section 56-3-20(1).