Massachusetts § 73B - Practice of optometry on premises selling eyeglasses, lenses or frames; unauthorized receipt of fees from practice of optometry

§ 73B. Practice of optometry on premises selling eyeglasses, lenses or frames; unauthorized receipt of fees from practice of optometry

Section 73B. No person shall practice optometry on premises not separate from premises whereon eyeglasses, lenses or eyeglass frames are sold by any other person; nor shall any person practice optometry under any lease, contract or other arrangement whereby any person, not duly authorized to practice optometry, shares, directly or indirectly, in any fees received in connection with said practice of optometry. For the purposes of this section, any room, suite of rooms or area in which optometry is practiced shall be considered separate premises if either (a) it has a separate and direct entrance from a street, public corridor or area available to the public, whether or not it has an entrance from any other room or area in the same building; or (b) (i) the space is definite and distinct from space occupied by other occupants of the premises, (ii) all signs and displays concerning the optometric office are separate and distinct from that of the other occupants of the premises and have the name of the doctor of optometry and the words ''doctor of optometry'' prominently displayed in connection therewith, and (iii) a written notice, of a size and type reasonably expected to attract the attention of the public, shall be put in a conspicuous place where the public will be exposed to it, prior to or upon entrance thereto, which states that the doctor of optometry is independent from other occupants of the premises and identifies the location of the optometric office, if such office is not clearly visible by the public from such entrance.

Whoever violates any provision of this section shall be punished by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment for not more than six months, or both.