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:

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

"Optometrists" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

equivalent magnification.

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

is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

diopters or equivalent magnification.

     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-

called "reading" glasses.

     This act would take effect upon passage.

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