§458-13  Acts prohibited.  It shall be unlawful to do any of the following:

     (1)  To engage in the occupation of dispensing optician without first having been issued a dispensing optician license under this chapter;

     (2)  To advertise in any manner that would tend to mislead or deceive the public;

     (3)  To dispense, furnish, or supply the services and appliances to the intended wearer or user thereof, except upon a prescription issued by a licensed physician or optometrist; provided that duplications, replacements, reproductions, and repetitions without change in the refractive value may be done without prescription by individuals holding a license of dispensing optician issued under this chapter;

     (4)  To fit or duplicate, or offer, undertake, or attempt to fit or duplicate, hard and soft contact lenses or artificial eyes except under the written orders and personal supervision of an ophthalmologist or optometrist;

     (5)  For a dispensing optician to grant, allow, credit, or pay, directly or indirectly, openly or secretly, any price differential, rebate, refund, discount, commission, credit, kickback, or other allowance, whether in the form of money or otherwise, to any oculist, optometrist, physician, or practitioner of any other profession for or on account of:

          (A)  The referring or sending by any oculist, optometrist, physician, or practitioner to the dispensing optician of any person for the rendition of any of the services performed or articles or appliances furnished by a dispensing optician as described in section 458-1; or

          (B)  The rendition of any services or the furnishing of any articles or appliances to a person so referred or sent by any oculist, optometrist, physician, or practitioner.

          Every scheme, agreement, undertaking, arrangement, or device shall also be deemed in violation of section 481-7.  The license of every dispensing optician who violates this paragraph shall be revoked; or

     (6)  For a dispensing optician to permit any unlicensed person to take facial measurements or to fit or adjust lenses or frames or duplicate frames unless the unlicensed person is acting under the direct personal supervision of a licensed dispensing optician.  "Direct personal supervision" means the licensed optician is present on the premises of the optical dispensing establishment and is available for consultation by the unlicensed person. [L 1949, c 183, pt of §1; RL 1955, §69-13; am L 1963, c 38, §1; HRS §458-13; am L 1979, c 163, §1; am L 1981, c 86, §7; am L 1984, c 202, §4; am L 1987, c 300, §15; am L 1997, c 301, §10; am L 2021, c 230, §17]

Note

  Section 458-12.5 referred to in text is repealed.