2000 Minnesota Statutes

     148.56 Optometrists. 

    Subdivision 1.    Optometry defined.  Any person shall 
 be deemed to be practicing optometry within the meaning of 
 sections 148.52 to 148.62 who shall display a sign, such as an 
 eye, a pair of eyes, a pair of glasses or spectacles, or who 
 shall in any way advertise as an optometrist, or who shall 
 employ any means for the measurement of the powers of vision or 
 the adaptation of lenses or prisms for the aid thereof, or 
 possess testing appliances for the purpose of the measurement of 
 the powers of vision, or diagnose any optical deficiency or 
 deformity, visual or muscular anomaly of the human eye, or 
 prescribe lenses, prisms, or ocular exercises for the correction 
 or the relief of same, or who holds oneself out as being able to 
 do so.  

    Subd. 2.    Unlawful practices.  It shall be unlawful 
 for any person who is not licensed as an optometrist in this 
 state to fit, sell, or dispose of, or to take, receive, or 
 solicit any order for the fitting, sale, or disposition of, any 
 spectacles, eye glasses, or lenses for the correction of vision 
 in any place within the state other than an established place of 
 business wherein such spectacles, eye glasses, or lenses are 
 commonly sold and dealt in; and it shall be unlawful for any 
 person, not licensed as an optometrist thereunder, to sell or 
 dispose of, at retail, any spectacles, eye glasses, or lenses 
 for the correction of vision in any established place of 
 business or elsewhere in this state except under the 
 supervision, direction, and authority of a duly licensed 
 optometrist holding a certificate under sections 148.52 to 
 148.62, who shall be in charge of and in personal attendance at 
 the booth, counter, or place where such articles are sold or 
 disposed of.  

    Subd. 3.    Unregulated sales.  Nothing in sections 
 148.52 to 148.62 shall be construed to apply to the sale of toy 
 glasses, goggles consisting of plano-white or plano-colored 
 lenses or ordinary colored glasses or to the replacement of 
 duplications of broken lenses, nor to sales upon prescription 
 from persons legally authorized by the laws of this state to 
 examine eyes and prescribe glasses therefor, nor shall it apply 
 to regularly licensed physicians and surgeons.  Sections 148.52 
 to 148.62 also do not apply to the sale of spectacles, used for 
 reading and containing only simple lenses having a plus power of 
 up to and including 3.25, if no attempt is made to test the 
 eyes.  The term "simple lenses" does not include bifocals.  The 
 seller shall prominently display a sign on the counter or rack 
 or other display device where the spectacles are offered for 
 sale that reads as follows:  "If you have experienced a vision 
 loss, the selection of these glasses should not take the place 
 of an eye exam." 

    Subd. 4.    License required.  It shall be unlawful for 
 any person to engage in the practice of optometry without first 
 procuring and filing for record a certificate of registration as 
 a licensed optometrist pursuant to this section. 

    HIST: (5789) 1915 c 127 s 5; 1925 c 239 s 5; 1929 c 420 s 3; 
 1983 c 301 s 146; 1986 c 444; 1987 c 125 s 1