(A) It is unlawful for an optician to permit his license to be used by an unlicensed person, and it is unlawful for an unlicensed person to practice or attempt to practice or conduct optician business under the rights and privileges conferred upon another person who is a licensed optician.
(B) Notwithstanding any other provision of law, an optician may delegate tasks to assistants working under his direct supervision. However, under no circumstances may an assistant be allowed to perform a contact lens fitting. Nothing in this section precludes an optician who is supervising an assistant from being absent from the practice for reasonable periods during the working day including, but not limited to, lunch or other customary, practice-related absences; however, no contact lenses may be dispensed during the optician's absence.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1976 Code Section 40-38-200.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-38-5. Application of chapter; conflict of laws.
Section 40-38-10. Board of Examiners in Opticianry; membership; nominations; terms; removal.
Section 40-38-20. Definitions.
Section 40-38-30. Unlawful to practice opticianry without license.
Section 40-38-50. Administration of Board by Department of Labor, Licensing and Regulation.
Section 40-38-60. Adoption of bylaws to govern board proceedings.
Section 40-38-70. Board responsibilities regarding examinations, investigations, and prosecutions.
Section 40-38-80. Collection of evidence for investigations and other board proceedings.
Section 40-38-100. Injunctive actions allowed by board.
Section 40-38-115. Jurisdiction of board.
Section 40-38-120. Disciplinary actions permitted by board; procedures.
Section 40-38-130. Denial of license on same grounds as for disciplinary actions.
Section 40-38-140. Denial of license based on prior criminal record.
Section 40-38-150. Voluntary surrender of license by licensee under investigation.
Section 40-38-160. Right of aggrieved person to seek review of board decision.
Section 40-38-170. Payment of investigation and prosecution costs by violator.
Section 40-38-180. Collection of costs and fines.
Section 40-38-190. Confidentiality of proceedings under provisions of this chapter.
Section 40-38-200. Violations; penalty.
Section 40-38-210. Additional civil penalties and injunctive relief.
Section 40-38-240. Qualifications for licensure as optician or contact lens optician.
Section 40-38-250. Apprentices and apprenticeships; promulgation of regulations.
Section 40-38-320. Use of third-party solicitations; restrictions.
Section 40-38-350. Display of certificate of licensure; effect of failure to display certificate.
Section 40-38-360. Service of required notices; prima facie evidence.
Section 40-38-370. Persons excepted from application of chapter.