Connecticut § 20-150 - Where optical goods may be sold. Exception. Unfair trade practice.

§ 20-150. Where optical goods may be sold. Exception. Unfair trade practice.

Sec. 20-150. Where optical goods may be sold. Exception. Unfair trade practice. (a) No optical glasses or kindred products or other instruments to aid vision that are produced or reproduced to personalized given formulas, or plano cosmetic contact lenses shall be sold at retail except under the direct supervision of a licensed optician and in a registered optical establishment, office or store. An optical establishment, office or store is defined as meaning one the owner of which has had issued to him an optical license selling permit.

(b) Notwithstanding the provisions of subsection (a) of this section, an optical establishment, office or store, registered with the Department of Public Health pursuant to section 20-151, may remain open to the public during regular business hours without the supervision of a licensed optician for a period of time not to exceed four consecutive business days (1) in the event of reasonably unanticipated circumstances, including, but not limited to, the licensed optician's illness, injury, family emergency, or termination or resignation from the optical establishment, office or store; (2) if reasonable action is taken to have another licensed optician present at the establishment, office or store during regular business hours; and (3) the optical establishment, office or store posts clear and conspicuous signage that a licensed optician is not on site. The sign shall state:

NO LICENSED OPTICIAN ON PREMISES:

CONNECTICUT LAW PROHIBITS ACTIVITIES BY EMPLOYEES RELATED
TO PRESCRIPTION EYEGLASSES OR CONTACT LENSES, INCLUDING
MEASURING, SELLING OR ORDERING IN ANY MANNER, FITTING,
DELIVERING OR DISPENSING PRESCRIPTION EYEWEAR UNTIL THE
OPTICIAN RETURNS.

(c) During any period of time during which an optical establishment, office or store remains open to the public without the supervision of a licensed optician pursuant to subsection (b) of this section, no owner or employee of the establishment, office or store shall:

(1) Sell or order optical glasses or kindred products or other instruments to aid vision that are produced or reproduced to personalized given formulas, or plano cosmetic contact lenses;

(2) Perform measurements on any individual for optical glasses or kindred products or other instruments to aid vision that are produced or reproduced to personalized given formulas, or plano cosmetic contact lenses. Performing measurements includes determining interpupillary distance, vertical fit heights, and utilizing frame size, bridge size, and temple length to recommend the fit of a frame;

(3) Make recommendations that are medically relevant to the personalized given formulas for optical glasses or kindred products or other instruments to aid vision, or plano cosmetic contact lenses, including frame type, lens style or material, lens tint, or multifocal type, or any recommendations regarding any specific type of contact lenses or disinfection systems for contact lenses;

(4) Fit, adjust or otherwise alter or manipulate optical glasses or kindred products or other instruments to aid vision that are produced or reproduced to personalized given formulas, or plano cosmetic contact lenses;

(5) Deliver optical glasses or kindred products or other instruments to aid vision that are produced or reproduced to personalized given formulas, or plano cosmetic lenses; or

(6) Transact a sale online for optical glasses or kindred products or other instruments to aid vision that are produced or reproduced to personalized given formulas, or plano cosmetic contact lenses.

(d) Nothing in subsection (a) or (c) of this section shall be construed to limit the ability of a physician, licensed under chapter 370, who is trained and specializes in diseases of the eye or an optometrist, licensed under chapter 380, to dispense contact lenses.

(e) A violation of the provisions of subsection (a) or (c) of this section constitutes an unfair trade practice under subsection (a) of section 42-110b.

(1949 Rev., S. 4503; P.A. 80-484, S. 60, 176; P.A. 81-471, S. 37, 71; P.A. 82-116, S. 1, 2; P.A. 05-119, S. 1; P.A. 22-118, S. 228.)

History: P.A. 80-484 substituted “registered” optical establishments for “licensed” establishments and deleted reference to optical license processing permits; P.A. 81-471 deleted provision allowing sales under optical retail vendor permit which was eliminated in 1980; P.A. 82-116 limited the prohibition against sales at retail to glasses or optical goods made according to individual prescription; P.A. 05-119 designated existing provisions as Subsec. (a) and amended same by making a technical change and adding plano cosmetic contact lenses to retail sale prohibition, added Subsec. (b) excepting ophthalmologists and optometrists from prohibition and added Subsec. (c) making violation of prohibition an unfair trade practice; P.A. 22-118 amended Subsec. (a) by adding “direct” before “supervision”, added new Subsec. (b) re operation of optical establishment without supervision of a licensed optician, added new Subsec. (c) re prohibited activities when optical establishment operates without supervision of a licensed optician, redesignated existing Subsec. (b) as Subsec. (d) and therein added reference to new Subsec. (c), redesignated existing Subsec. (c) as Subsec. (e) and therein added reference to new Subsec. (c).

Section relates to the filling of prescriptions and not to the making of them. 132 C. 35. Supervision by a physician in defendant's store does not comply with provision requiring a licensed optician. Id., 36.

Cited. 13 CS 147.