License -- Exemptions.

In addition to the exemptions from licensure in Section 58-1-307, the following persons may engage in acts included in the definition of the practice of optometry subject to the stated circumstances and limitations without being licensed under this chapter: (1) a person that sells contact lenses on prescription a person provides that is authorized under state law to practice either optometry or medicine and surgery if the person complies with Section 58-16a-801; (2) a person that sells eyeglasses or spectacles as articles of merchandise or who fabricates them from a prescription if the person complies with Subsection 58-16a-801(2), and if the person: (a) does so in the ordinary course of trade from a permanently located and established place of business; (b) does not traffic or attempt to traffic upon assumed skill in testing the eye and adapting lenses according to the test; (c) does not duplicate, replace, or accept for replacement any ophthalmic lens, except in the case of an emergency; (d) does not use in the testing of the eyes any lenses or instruments other than the lenses actually sold; and (e) does not give or offer eyeglasses or spectacles as premiums as defined in Section 13-26-101; and (3) a person that fits contact lenses that: (a) has a current certification from both the American Board of Opticianry and the National Contact Lens Examiners; (b) does not give or offer contact lenses as premiums; (c) does not perform a refraction, over-refraction, or attempt to traffic upon assumed skill in testing the eye; (d) operates in the ordinary course of trade from a permanently located and established place of business; (e) performs the work involved in fitting contact lenses himself and does not delegate the contact lens fitting to any other individual who is not qualified under this Subsection (3); (f) does not use in the testing of the eye any lenses or instruments other than the lenses that will actually be sold; (g) provides services only to a patient who: (i) presents an unexpired contact lens prescription; or (ii) has had an eye examination within the prior six months that an optometrist or ophthalmologist meeting the requirements under Section 58-16a-306 performs; and (h) maintains a copy of the patient's contact lens prescription for not less than seven years.