2006 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.
History: (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