(A) It is unlawful for a person, partnership, or corporation that provides optometric services to disseminate, directly or indirectly, or cause to be disseminated any untruthful, deceptive advertisement or representation concerning eye examinations, ophthalmic goods, ophthalmic services, or the practice of optometry. It is also unlawful for a person, partnership, or corporation to disseminate, directly or indirectly, or cause to be disseminated any untruthful, impossible, improbable, misleading, or deceptive advertisement or representation concerning the terms, guarantee, or warranty that relates to the procurement of ophthalmic goods or services.
(B) It is unlawful for a person, partnership, or corporation that provides optometric services to offer or give eye examinations as a premium or bonus with the purchase of merchandise or in any other manner to induce trade without offering the following information:
(1) if the offered examination fee is represented as being a reduced price, sale price, or discounted price, the offer must disclose whether the reduced price, sale price, or discounted price is from the offeror's regular selling price or must disclose any other price and its source if it serves as the standard from which the offeror represents the offered price as being a reduced price, sale price, or discounted price;
(2) if ophthalmic materials are offered in conjunction with a reduced examination fee, the offer must include complete price information regarding all ophthalmic materials;
(3) the date the offer terminates.
(C) It is unlawful for a person, partnership, or corporation to disseminate price information concerning ophthalmic goods and services without including whether an advertised price for:
(1) eyeglasses includes single vision or multi-focal lenses;
(2) contact lenses refers to hard or soft contact lenses;
(3) ophthalmic materials includes all dispensing fees;
(4) ophthalmic materials includes an eye examination;
(5) eyeglasses includes both frame and lenses; and
(6) ophthalmic materials carries restrictions on selection.
(D) Nothing in this chapter prevents a person from making truthful, nondeceptive claims of qualifications and professional affiliations.
HISTORY: 2005 Act No. 135, Section 1.
Editor's Note
Prior Laws:1917 (30) 1; Civ. C. '22 Section 2466; 1932 Code Section 5245; 1937 (40) 394; 1942 Code Section 5245; 1952 Code Section 56-1075; 1962 Code Section 56-1075; 1977 Act No. 211; 1982 Act No. 395, Section 1; 1988 Act No. 501, Section 1; 1976 Code Section 40-37-180.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-37-5. Application of chapter; conflicts of law.
Section 40-37-20. Definitions.
Section 40-37-30. Licensing requirement; practice of optometry.
Section 40-37-40. Powers and duties of board; seal.
Section 40-37-50. Administration of board; assessment, collection and adjustment of fees.
Section 40-37-80. Investigation of complaints; administration of oaths; subpoena of documents.
Section 40-37-90. Investigation results presented to board; disciplinary action.
Section 40-37-100. Civil penalties and injunctive relief.
Section 40-37-110. Grounds for discipline; suspension of license on finding of mental incompetence.
Section 40-37-115. Jurisdiction.
Section 40-37-120. Basis for disciplinary action.
Section 40-37-150. Voluntary surrender of license.
Section 40-37-170. Assessment of investigation and prosecution costs.
Section 40-37-180. Payment and collection of costs.
Section 40-37-190. Confidentiality.
Section 40-37-200. Penalties for unlawful practice.
Section 40-37-230. Denial of license.
Section 40-37-235. Denial of license on basis of prior criminal record.
Section 40-37-240. Licensure requirements; display, renewal, and reinstatement of license.
Section 40-37-245. Licensure by endorsement; requirements.
Section 40-37-290. Purchasing, prescribing, and administering pharmaceutical agents.
Section 40-37-310. Referrals for treatment of eye diseases; glaucoma treatment; eye surgery.
Section 40-37-325. Multiple offices; display of license.
Section 40-37-350. Exceptions from application of chapter.
Section 40-37-360. Price of eyeglasses.
Section 40-37-370. Maintenance of laboratory.
Section 40-37-390. Unlawful advertising practices.