Restrictions on Practice of Opticianry by Business Organizations or Entities

(1) No business organization or entity, as defined in 235 CMR 2.04, shallperform, provide, or offer to perform or provide, anyfunctionor service whichis included within the “practice of opticianry”, as defined in 235 CMR 2.04, unless: (a) At least one individual who is employed by that business organization or entity holds a license to practice as a dispensing optician issued by the Board pursuant to M.G.L. c. 112, § 73E and 235 CMR 2.07 or 235 CMR 2.08; and (b) All functions or services which are included within the “practice of opticianry”, as defined in 235 CMR 2.04, are actually provided or performed by: 1. a dispensing optician duly licensed by the Board pursuant to 235 CMR 2.07 or 235 CMR 2.08; 2. an apprentice optician who is duly registered withthe Board pursuant to 235 CMR 4.03 and who performs all such functions or services under the supervisionofa licensed dispensing optician, licensed physician or registered optometrist as required by 235 CMR 4.07; 3. a physician duly licensed by the Massachusetts Board of Registration in Medicine to practice medicine in the Commonwealth of Massachusetts; or 4. a registered optometrist duly registered by the Massachusetts Board of Registration in Optometry to practice optometry in the Commonwealth of Massachusetts. (2) Notwithstanding the provisions of 235 CMR 5.06(1), a business organization or entity may provide or dispense replacement contact lenses to individuals located within the Commonwealth of Massachusetts, as long as that business organization or entity is in compliance with 15 U.S.C. §§ 7601 through 7610 (2004).