2014 -- H 7676 SUBSTITUTE A

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LC004790/SUB A/2

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS

     

     Introduced By: Representatives Winfield, Williams, and Costantino

     Date Introduced: February 27, 2014

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-35.1-10 of the General Laws in Chapter 5-35.1 entitled

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"Optometrists" is hereby amended to read as follows:

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     5-35.1-10. Unlawful sale of spectacles. -- It is unlawful for any person, firm, or

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corporation to sell, as merchandise, in any store or established place of business in the state, any

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eyeglasses, spectacles, or lenses for the correction of vision, unless a licensed optometrist,

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physician, or optician under the laws of this state is in charge and in personal attendance at the

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booth, counter, or place where those articles are sold in a store or established place of business.

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The provisions of this section shall not be construed to apply to the sale of simple reading

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magnifying glasses, toy glasses, goggles consisting of plano white or plano colored lenses or

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ordinary colored glasses, or to optometrists, physicians, or opticians who sell spectacles,

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eyeglasses, or lenses by prescription; provided, that a. A seller of simple reading magnifying

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glasses shall have the following notice permanently affixed in plain view to the top of any point

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of sale display.: "These magnifiers are not intended to be a substitute for corrective lenses; only a

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professional eye examination can determine your eye health status and vision needs." This notice

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shall also be prominently displayed in all newspaper, magazine, and other advertisements for

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simple reading magnifying glasses. As used in this section, "simple reading magnifying glasses"

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do not include lenses of bifocal design or single vision lenses of over plus 2.5 3.25 diopters or

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equivalent magnification.

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     SECTION 2. Section 5-35.2-5 of the General Laws in Chapter 5-35.2 entitled "Opticians"

 

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is hereby amended to read as follows:

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     5-35.2-5. Unlawful sale of spectacles. -- It is unlawful for any person, firm, or

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corporation to sell, as merchandise, in any store or established place of business in the state, any

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eyeglasses, spectacles, or lenses for incorrective uncorrected vision, unless a licensed optometrist,

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physician, or optician under the laws of this state is in charge and in personal attendance at the

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booth, counter, or place where those articles are sold in that store or established place of business.

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The provisions of this section shall not be construed to apply to the sale of simple reading

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magnifying glasses, toy glasses, goggles consisting of piano plano white or piano plano colored

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lenses or ordinary colored glasses, or to optometrists, physicians, or opticians who sell spectacles,

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eyeglasses, or lenses in prescription; provided, that. A seller of simple reading magnifying glasses

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shall have the following notice permanently affixed in plain view to the top of any point of sale

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display: "These magnifiers are not intended to be substitute for corrective lenses; only a

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professional eye examination can determine your eye health status and vision needs." This notice

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shall also be prominently displayed in all newspaper, magazine, and other advertisements for

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simple reading magnifying glasses. As used in this section, "simple reading magnifying glasses"

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do not include lenses of bifocal design or single vision lenses of over plus 2.5 3.25 diopters or

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equivalent magnification.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS

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     This act would change the definition of "simple reading magnifying glasses" to exclude

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lenses of over plus 3.25 diopters or equivalent magnification.

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     This act would take effect upon passage.

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