§ 20-153 — Optical permit. Product; standards of quality.

The department may grant annually, upon the filing of an application as required by it, an optical permit to any optical establishment, office, department or store conducted under the personal and direct supervision of a licensed optician, for permission to sell, dispense or supply to the ultimate wearer optical aids to vision, instruments, appliances, eyeglasses, spectacles and other kindred products. Holders of such an optical permit shall be permitted to use the term “optician” or any of its synonyms. No optical permit shall be issued to any person, firm or corporation owning, managing or conducting any optical establishment, department, store, office or place of business and employing any person lawfully licensed to prescribe optical glasses from given prescription formulas, unless such person is also licensed as a licensed optician, except as provided in section 20-162. The quality of optical lenses, spectacles, eyeglasses, optical appliances or instruments and other aids to vision and kindred products of optical glasses shall meet whichever of the following standards may be applicable: (1) American National Standards Institute Z.80, as amended, “Requirements for First Quality Prescription Ophthalmic Lenses” which standard shall reflect current standards for first-quality prescription ophthalmic lenses in edged or assembled form, white, colorless or tinted, single vision or multifocal, plastic or laminated, impact-resistance-treated or untreated glass lenses, or any other ophthalmic lenses, prescription or otherwise, as may be designed and covered under such adopted standards; or (2) American National Standards Institute Z.87, as amended, “Practice for Occupational and Educational Eye and Face Protection”; or (3) such other standard as may be established in regulations adopted pursuant to section 20-141. The Commissioner of Public Health, with advice and assistance from the board shall make reasonable regulations so that the public may not be misled in the purchase or acquisition of the same.

Legislative History

(1949 Rev., S. 4507; P.A. 73-612, S. 1; P.A. 77-614, S. 423, 610; P.A. 80-484, S. 62, 176; P.A. 86-43, S. 3; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.) History: P.A. 73-612 replaced provision granting commission power to set standards for optical products with detailed provisions setting forth various applicable standards prescribed by American National Standards Institute; P.A. 77-614 transferred power to make regulations for protection of the public from commission to commissioner of health services, retaining commission in advisory role, effective January 1, 1979; P.A. 80-484 deleted word “license” from “optical license permit”, transferred power to grant permits from commission of opticians to department of health services and replaced commission of opticians with board of examiners as advisor to health services commissioner on regulations; P.A. 86-43 changed the standards; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995. Cited. 15 CA 205.