Full text of Utah Utah Code § 16a-305 — License -- Exemptions., with citation guidance and answers to common questions.
§ 16a-305. License -- Exemptions.
Effective 7/1/2026
58-16a-305.
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. |
|
Amended by Chapter
64, 2026 General Session
Frequently Asked Questions About Utah § 16a-305
What does Utah Code § 16a-305 cover?
Section 16a-305 ("License -- Exemptions.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 16a-305?
A common citation format is "Utah Code § 16a-305" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 16a-305 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
