Title 23
Health and Safety

Chapter 97
Consumer Protection in Eye Care Act

§ 23-97-2. Definitions.

(a) As used in this chapter:

(1) “Assessment mechanism” means automated or virtual equipment, application, or technology designed to be used on a telephone, a computer, or an internet-accessible device that may be used either in person or remotely to conduct an eye assessment, and includes artificial intelligence devices and any equipment, electronic or nonelectronic, that is used to perform an eye assessment.

(2) “Contact lens” means any lens placed directly on the surface of the eye, regardless of whether or not it is intended to correct a visual defect, including any cosmetic, therapeutic, or corrective lens.

(3) “Eye assessment” means an assessment of the ocular health and visual status of a patient that may include, but is not limited to, objective refractive data or information generated by an assessment mechanism or an automated testing device, including an autorefractor, in order to establish a medical diagnosis for the correction of vision disorders.

(4) “Person” means an individual, corporation, trust, partnership, incorporated or unincorporated association, and any other legal entity.

(5) “Prescription” means a handwritten or electronic order issued by a provider that includes:

(i) In the case of contact lenses, all information required by the Fairness to Contact Lens Consumers Act, 15 U.S.C. § 7601 et seq.;

(ii) In the case of visual aid glasses, all information required by the Ophthalmic Practice Rules, also known as the Eyeglass Rule, 16 C.F.R. Part 456; and

(iii) Necessary and appropriate information for the dispensing of visual aid glasses or contact lenses for a patient, including the provider’s name, license number, physical address with which the provider is associated, and telephone number.

(6) “Provider” means a healthcare professional licensed under chapter 35.1 or 37 of title 5.

(7) “Visual aid glasses” means eyeglasses, spectacles, or lenses designed or used to correct visual defects, including spectacles that may be adjusted by the wearer to achieve different types or levels of visual correction or enhancement. Visual aid glasses do not include optical instruments or devices that are:

(i) Not intended to correct or enhance vision;

(ii) Sold without consideration of the visual status of the individual who will use the optical instrument or device, including nonprescription sunglasses, plano lenses that are clear, colored, or tinted, or lenses that are designed and used solely to filter out light;

(iii) Completely assembled eyeglasses or spectacles designed and used solely to magnify; or

(iv) Nonprescription eyewear exempted from the provisions of § 5-35.1-10, namely simple reading magnifying glasses, toy glasses, goggles consisting of plano white or plano colored lenses, or ordinary colored glasses.