§ 63-8-113 — Unlawful practices - Advertising

Tennessee § 63-8-113

• Jurisdiction: Tennessee
• Title: 63

Text

(a) It is unlawful for any person not duly licensed in accordance with this chapter to: (1) Engage in the practice of optometry; (2) Claim to be a practitioner of optometry; (3) Attempt by any means whatsoever to determine the kind or power of ophthalmic materials needed by any person to remedy or relieve defects of vision or muscular anomalies; (4) Hold out as a registered or licensed optometrist; (5) Hold out as being able to examine the human eye for the purpose of fitting or prescribing ophthalmic materials; (6) Test the vision of any person by any means for the purpose of fitting that person with or prescribing ophthalmic materials; (7) Display a sign or symbol that leads the public to believe that such person is an optometrist; (8) Make measurements involving the eyes or the optical requirement thereof for the purpose of prescribing ophthalmic materials; (9) Unless otherwise authorized by law, fill an order or prescription for ophthalmic materials; or (10) Unless otherwise authorized by law, sell or dispense ophthalmic materials. (b) It is unlawful for any person, including optometrists licensed under this chapter, to: (1) Impersonate a licensed optometrist; (2) Practice optometry under a false or assumed name; (3) Peddle, sell or render optometric services from door to door; (4) Canvass or solicit ophthalmic materials or optometric services in person or by agents, except as authorized by the board. Advertising in accordance with this chapter and the rules and regulations of the board is not solicitation; (5) Practice optometry after the person's certificate of fitness or registration has been revoked or during suspension of same or, after failing to pay the annual renewal fee or after failing to submit satisfactory evidence of having met minimum continuing education requirements as set by the board; (6) Offer optometric services or ophthalmic materials as a prize, premium or gift, separately or in combination with other merchandise or services, except as authorized by the board; or (7) Discount optometric services contingent upon the purchase of ophthalmic materials or to otherwise tie in the performing of optometric services with the purchase of ophthalmic materials. (c) It is unlawful for any licensed optometrist to: (1) Advertise optometric services or ophthalmic materials, except as provided in subsection (d); (2) Practice optometry as an employee of any person or business or organization not engaged primarily in health care delivery; (3) Practice optometry under a name other than the optometrist's own unless board approved; (4) Appoint agents or other persons to take orders for optometric services or ophthalmic materials; (5) Split or share fees with any person or organization in return for solicitation of customers by that person or organization; (6) Practice or offer to practice optometry in or in conjunction with any retail store or other commercial establishment where merchandise is displayed or offered for sale. Any licensed, registered optometrist practicing in premises of such type prior to April 17, 1967, shall be permitted to continue the independent practice in that optometrist's present location or in such new location to which the retail store or other commercial establishment might move; but when any such optometrist vacates any such premises, no other optometrist shall be permitted to practice in such vacated premises; or (7) Engage in practice in any temporary or mobile office except as authorized by the board or any office that does not have the appropriate instrumentation for diagnosis and treatment for the practice of optometry as established by the board. (d) (1) An optometrist may advertise ophthalmic materials, including prices. All advertising by persons licensed to practice optometry in this state, regardless of the media employed for such advertising, shall be subject to the requirements and limitations of this section, as follows: (A) No person shall advertise optometric services or ophthalmic materials by statements that are fraudulent, deceptive or likely to mislead the public, such as bait and switch tactics; (B) No person shall advertise or infer through advertising that the person has superior professional skills or competence, except board certification may be listed; (C) No person shall advertise to guarantee optometric services or use words of similar import; (D) All advertising shall contain the optometrist's name and the designation "O.D." or "Doctor of Optometry" or a professional corporation name, so long as such corporate name does not permit or imply action, advertising, services or practices forbidden by this chapter or rules and regulations of the board and such corporate name has been approved in advance by the board as being in compliance with the foregoing; and (E) Optometrists shall not advertise routine optometric services such as eye examinations except in accordance with regulations promulgated by the board. (2) The board is given authority to place reasonable time, place and manner restrictions on the advertising of optometric services if it finds that to be in the public interest. Further, the board may require that any advertising disclose any information necessary to protect the public, including whether specialists are certified.

Legislative History

Acts 1925, ch. 99, § 3; Shan. Supp., § 3654a11; Code 1932, §7028; Acts 1935, ch. 129, § 2; 1939, ch. 90, §§1, 3; impl. am. Acts 1947, ch. 9, §§ 2-4, 9; mod. C. Supp. 1950, §7028; Acts 1953, ch. 113, § 38; 1967, ch. 84, § 1; 1977, ch. 490, §1; 1979, ch. 406, §§ 18, 31; T.C.A. (orig. ed.), §63-815; Acts 1989, ch. 428, § 7.