Exceptions from application of chapter.

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(A) This chapter does not apply to:

(1) a bona fide student of optometry, medicine, or osteopathy in the clinic rooms or an approved program of an accredited school of optometry, medicine, or osteopathy;

(2) a commissioned officer in the armed services who is engaged in the practice of optometry in this State insofar as the practice is in the performance of the officer's military duties; or

(3) an individual licensed in another jurisdiction who is in this State to make a clinical demonstration before a professional society or association, convention, school or college, or agency of the government.

(B) Nothing in this chapter may be construed to apply to:

(1) a physician licensed under Chapter 47, Title 40, Physicians, Surgeons, and Osteopaths, in the due course of professional practice; or

(2) persons who sell as merchandise from an established place of business, ready-made eyeglasses or spectacles if the person does not aid the purchaser in the fitting of the eyeglasses or spectacles; or

(3) persons representing supply companies in the act of selling supplies or equipment to licensed eye-care providers.

(C) Nothing in this chapter precludes a licensed optician from practicing opticianry as defined by the laws of this State.

HISTORY: 2005 Act No. 135, Section 1.

Editor's Note

Prior Laws:1917 (30) 1; Civ. C. '22 Sections 2455, 2469; 1929 (36) 141; 1932 (37) 1333; 1932 Code Sections 5234, 5248; 1937 (40) 394; 1942 Code Sections 5234, 5248; 1945 (44) 367; 1952 Code Section 56-1083; 1962 Code Section 56-1083; 1982 Act No. 395, Section 1; 1976 Code Section 40-37-260.


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