§ 7106. Special provisions.
1.The testimony and reports of a licensed\noptometrist shall be received by any official, board, commission or\nother agency of the state or of any of its subdivisions or\nmunicipalities as qualified evidence with respect to any matter defined\nin section seventy-one hundred one of this article; and no official,\nboard, commission, or other agency of the state or any of its\nsubdivisions or municipalities shall discriminate among the\npractitioners of optometry and any other ocular practitioners.\n 2. Eyeglasses or lenses for the correction of vision or non-corrective\ncontact lenses may be sold by any person, firm or corporation at retail,\nonly on prescription of a licensed physician or licensed optometrist and\nonly if a licensed physician, optometrist or
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§ 7106. Special provisions. 1. The testimony and reports of a licensed\noptometrist shall be received by any official, board, commission or\nother agency of the state or of any of its subdivisions or\nmunicipalities as qualified evidence with respect to any matter defined\nin section seventy-one hundred one of this article; and no official,\nboard, commission, or other agency of the state or any of its\nsubdivisions or municipalities shall discriminate among the\npractitioners of optometry and any other ocular practitioners.\n 2. Eyeglasses or lenses for the correction of vision or non-corrective\ncontact lenses may be sold by any person, firm or corporation at retail,\nonly on prescription of a licensed physician or licensed optometrist and\nonly if a licensed physician, optometrist or ophthalmic dispenser is in\ncharge of and in personal attendance at the place of sale. This article\nshall not apply to binoculars, telescopes, or other lenses used for\nsimple magnification; except, that a seller of non-prescription\nready-to-wear magnifying spectacles or glasses shall have the following\nlanguage attached to each pair of glasses or spectacles displayed or\noffered for sale and in at least ten point bold type permanently affixed\nin plain view to the top of any point of sale display or, if there is no\ndisplay, in the area of sale: "ATTENTION; READY-TO-WEAR NON-PRESCRIPTION\nGLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR\nEXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE\nNECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." As used\nin this subdivision "non-prescription, ready to wear magnifying\nspectacles or glasses" means spherical convex lenses, uniform in each\nmeridian, which are encased in eyeglass frames and intended to\nameliorate the symptoms of presbyopia. The lenses in such glasses shall\nbe of uniform focus power in each eye and shall not exceed 2.75\ndiopters.\n 3. It shall be a class A misdemeanor to practice any fraud, deceit or\nmisrepresentation in any advertising related to optometric services.\n