58-16a-305. License -- Exemptions.
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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