2014 -- S 2925 SUBSTITUTE A

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LC005252/SUB A

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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: Senator Stephen R.Archambault

     Date Introduced: April 30, 2014

     Referred To: Senate Health & Human Services

     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 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 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 3.5 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 the correction of vision, unless a licensed

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

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attendance at the booth, counter, or place where those articles are sold in that store or established

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place of business. The provisions of this section shall not be construed to apply to the sale of

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simple reading magnifying glasses, toy glasses, goggles consisting of piano plano white or piano

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plano colored lenses or ordinary colored glasses, or to optometrists, physicians, or opticians who

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sell spectacles, eyeglasses, or lenses in prescription; provided, that seller of simple reading

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

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any point of sale display: "These magnifiers are not intended to be substitute for corrective lenses;

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

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

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

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glasses" do not include lenses of bifocal design or single vision lenses of over plus 2.5 3.5

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diopters or 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 clarify the exemption that allows for the sale by non-professionals of so-

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called "reading" glasses.

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     This act would take effect upon passage.

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