2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 8 - OPTOMETRY LAW (§§ 63-8-101 — 63-8-129) › Section 63-8-114 - Exemptions

Nothing in this chapter shall be construed:
(1)
As applying to medical doctors and doctors of osteopathic medicine lawfully entitled to practice their profession in this state;
(2)
As applying to an optometric faculty member licensed in another state and employed full time by an accredited school or college of optometry in this state; provided, that the practice of the faculty member is limited and is incidental to the faculty member's employment at the accredited school or college of optometry in the state of Tennessee. An optometry faculty member is limited to the scope of such member's license unless the member has passed an examination or a standardized examination that has been utilized by the therapeutic certification panel. An optometric faculty member may not practice beyond the scope of a fully certified Tennessee optometrist. This shall not be construed as a grant of permission for the optometric faculty member to engage in the private practice of optometry in any form. It is the responsibility of the dean of the school or college of optometry to apply to the board for an exemption for each such faculty member;
(3)
To prevent persons, firms and corporations from selling ophthalmic lenses or ophthalmic products at wholesale in a permanently established place of business on prescription to those who are legally qualified to prescribe them, nor to prevent an optical mechanic from doing the merely mechanical work upon such lenses or frames or fitting thereof nor to prevent the wholesale house from selling ready-to-wear eyeglasses or spectacles as merchandise, at wholesale, to merchants for the purpose of resale as merchandise, when neither the wholesaler nor purchaser to whom the wholesaler sells practices optometry;
(4)
To prevent a retail merchant from selling ready-to-wear spectacles or eyeglasses if such merchant does not assist the customer in fitting or selecting such products or otherwise engage in the practice of optometry; however, contact lenses, with or without prescription power, may not be ordered, sold or dispensed by a retail merchant;
(5)
To prevent licensed dispensing opticians from preparing, adapting and dispensing ophthalmic materials within the scope of their lawful practice; or
(6)
(A)
To prohibit a charitable clinic from employing or contracting with an optometrist; provided, that the contractual relationship between the optometrist and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the optometrist from exercising independent professional judgment in the practice of optometry;
(B)
For the purposes of this subdivision (6), the term "charitable clinic" means an entity that meets the following standards:
(i)
Has received a determination of exemption from the internal revenue service under
26 U.S.C. § 501(c)(3)
or is a distinct part of an entity that has received such a determination of exemption;
(ii)
Has clinical facilities located in this state;
(iii)
Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals;
(iv)
Provides one (1) or more of the following services for free or at a discounted rate:
(a)
Medical care;
(b)
Dental care;
(c)
Mental health care; or
(d)
Prescription medications;
(v)
Utilizes volunteer healthcare professionals and nonclinical volunteers; and
(vi)
Is not required to be licensed under §
68-11-202(a)(1)
.
Amended by 2016 Tenn. Acts, ch. 766, s 3, eff. 4/19/2016.
Acts 1925, ch. 99, § 3; Shan. Supp., § 3654a11; Code 1932, §7028; Acts 1935, ch. 129, § 2; 1939, ch. 90, §§ 1, 3; mod. C. Supp. 1950, § 7041.1 (Williams, § 7028); Acts 1967, ch. 84, §2; 1979, ch. 406, §§ 19, 20; T.C.A. (orig. ed.), §63-816; Acts 1989, ch. 428, § 8; 1994, ch. 901, § 4; 2005, ch. 4, § 3.