Ur. Belaon Greeman, Seoretary
Texas State Board of ExamInera in Optome@rj-
201 Majestic Building
San Antonio, Texas
opinion HO. V-060
Re: The legality of persons other
than licensed optometrists or
liotinsedphysicians or aur-
geons fitting %ontact lense8.w
Dear Sir:
Your recent letter, in which you requested
the opinion of this office, contained the follow+ng:
"Under the provisions of Article 4662,
et 'kq.. tiy persona other than liceneed
optoiaetrlstaor licensed physicians or aur-
geons fit ‘contact leneea~?
=The $roblem inmedia& before us is
whether a ldlepensing optician* ig author-
ized to fit without a prescription from a
licensed physician or optometrist contact
lenses in this State. A *dispensing opti-
cian! is an lndivldtialW-firm filling pre-
edrlptione of phytiloianaand eurgeone~or
ci&nuetrfste licensed by the respective
boards~for opthalmic lenses and kindred
ptioducts,and incidental to the Sllling of
auch.prescriptions, taking facial measure-
ments and Sitting and adjusting lenses or
frames .”
We quote the ioollowingprovisions of law from
Vernonts Civil Statutee:
‘Art. 4652. The practice of optometry
is deSlned to be the employment of objective
or subjective meana, without the use of
drugs for the purpose of ascertaining and
r ,I
Mr. Releon Greeman - Page 2 (V-860) ‘
measuringthe powers of vision OS the
human eye, and Sitting lenses or prisms
to correct or remedy any defeotor abnor- '
ma1 condition of vision. Hothing herein
shall be construed to permit ,optometrists
to treat the e,yesfor any defeat whatsoever
in any manner nor to administer nor to pre-
scribe any drug or physlaal treatment rhat-
soever, uuless suah optometrist is a regu-
larly licensed ph slcian or surgeon under
the laws OS this ztate, Nothing herein shall
be coustrued to prevent selling ready-to-
wear speotacles ,oreye glasses as miavchandise
at retail, nor to prevent simple repair jobs."
“Art. 46660. For the purpose OS this
Act, the words tascertaining and measuring
the powers OS vision of the human eyef, as
employed in Article 4662, shall be constru-
ed to include:~
a(1) The examluation of the eye to as-
aortain the presenoe of d&e&s or abnormal
conditions which may be eorreoted, remedied,
or relieved, or the eSSeots OS whloh may be
oorreoted, remedied'or relieved by the use
OS lenses or prisms, or
"(2) The employment of any objective
tiraubjeotlve means to determine the aacomao-
dative Or refractive oondltion, or.the rause
or powerh of vision of musoular equi~llb9lum
of the human eye, or
.~
a(3) The employment OS any~objective
or subjective means for the examination oS
the human eye Sor the purpose OS ascertaln-
iug any departure from the normal, measur-
ing Its power OS vision or adapting lenses
or prisms Sotithe aid or relies thereoS, and
It shall be construed as a violation of this
Act, for any person not a licensed optome-
trist or a licensed physlclan to do any one
act or'thiug, or any aomblnatlon of acts or
things, uamed or described In this Article;
provided, that nothing herein shall be con-
strued to permit optometrists to treat the
eye for any defect whatsoever In any manner,
Mrb Relson~Greeman - Page 3 (V-660)
nor to administer any drug or physioal
treatment whatsoever, unless said Opto-
metrist is a duly licensed physician
and stirgeon,under the laws OS this
State,"
'~ '8rt, 456Sd, For the purpose OS
this Act the words land fitting lenses
or prismsf, as employed in Article 4552,
shall be construed to Include:
"(1) Presariblng or supplying, dl-
rectly or indirectly, lenses or prisms,
by the employment of objective or aub-
jectivo means or the makfng of any mea-
surements whatsoever involving the eyes
or the optical requirements thereof;
"(2) The adaptation or supplying
of lenses or prisms to correct, relieve
or remedy any defect or abnormal bondi-
tlon of the Human eye8 or to correct,
relieve or remedy or attempt to correct,
relieve or'remedy~the eflect of any de-
Sect or abnormal condition of the human
eye,
"(3) It shall be con&rued as a
ilolation OS this Aat Sor any person not.
& llcense~d,optametriat,or a'llcensed
physician to,do,~anyone,~thing.Or auto or
any eaWttion.oS.~things or'acts,~named
or described.in~this.artieleO"
"Art. 456Sga Nothing in-this Act
shall-be s6 oonatrued as to prevent an
optlcal~mechanic from dolng~the merely
maahaniaal.work of manuiacturlng opthal-
tic lenseaor to prevent the sale OS such
opthalmic.lenaes.~~to
thoae.rho are licensed
and legally qualified to~prescribe them,
nor to prevent such optlcal'meohanle,who
does not practice optometry, from follow-
ing the speoiiic dire&ions of a competent-
ly and legally signed prescription where
he does no mode than manufacture or dis-
pense the.~spectaclesor eye-glasses, or
component parts thereof, called for by such
Hr. Belson 6reeman - Page 4 (V-860)
prescription. Ror shall this Act be so
oonstrued as to prevent selling ready-to-
wear spectacles or eye-glasses as mer-
ohaudiro it wholesale to nerohants for
@urpose~sof resale as merchandise, as pro-
vided for izithis Act when neither the
wholesaler nor merohant to whom he sells
praotlom optometry.
"Art. 4666. Nothing fn this Act
shall.be construed to,apply to persons who
se11~spsctaoles and eye-glasses as merchan-
dise;‘~ofSicersor agents OS the United
S*@tes or the State of Texas, in the dis-
charge of thei oiflcfal duties; nor to
prevent physicEans and surgeons, duly li-
censed as such under the laws of the State
of Texas regulating the practice of medl-
eine, Srom treating the human eye or pre-
scribing lenses or glasses, or fitting
lenses or glasses for thenaid thereofin
Since the term “dispensing opticiann is not
Sound in the statutes governing the practice OS optom-
etry and since the aotlvlties ascribed to such optician
ou are similar to’those which may be exercised by
Z Koptioal mechanIcA as provided in Article 456Sg,
heritoSor& quoted, we’smat presume the provisions of
this Artlole~are a@pllcable to your question. This Ar-
ticle:exempts certain enumerated activities OS an optl-
dialmec~..Srolh~tba.~prorisiona of..theother statutes
governing the-.pmotioa oS.,~.opi;omq~.Such aotlvltles
are :
(a) doing the amrely meohanical work of man-
uSacturlng_opthalaio lenses:
(b) the sale of opthalmlc lenses to those who
are licensed and legally qualifed to prescribe them;
‘(c) IS he does not practice optometry, he may
follow the spealflc directions OS a oompetently and le-
gally signed preecrlptlon, where he does no more than
manufacture or dispense the spectacles or eye-glasses,
or component parts thereof, called for by such prescrlp-
tions.
The fourth exception contained in the Article
is not applicable to your question,
,
’ ,/ ’
Mr. Nelson Breeman - Page 5 (V-860)
From information received by this department,
It is our understanding that oovitactlenses are worn
under the eyelids and Wdirect contact with the for-
ward part of the eyeball. touching the sclera surrouud-
ing the cornea rlth the cornea1 area of the l%ns usu-
ally not in contact with the suriace of the.eyeball,
The lens itseli, made either of glass or plastic, is
so ground aa to focus light in accordance with the re-
quirements of the Individual patient and to correct
his indlv%dual visual variations from normal, The
contact lens Is made from molds which are prepared by
placing over the eyeball an impressionable material
into which the form and surrace conditions of the eye-
ball of .the particular patient are impressed. From
this mold the lens Is cast and the correotive quali-
ties required Sor the particular patient incorporated
into the lena by grinding or.other means to develop
the pxoper.refractive qualitiese Then the lens has
been.prepared~and,the,necessary reSractlve qualities
iucorporated.thereln,.~itis then Sltted'to the eye and
corrections made to se,ourea proper fit, lvregularlties
being removed by grinding. When the contact lens is
complete and properly fitted, it is necessary to in-
struct the patient in its use0
.lJnderthe provisions of Articles 4552, 4565~
and 456Sd, Vernon"8 Civil Statutes, it ts clear that
the Sitting of contact lenses constitutes the practlae
of optometry In so far as suah includesan examination
OS the.eye to asoertaln 'defeots~ or abnormal conditions
of the-eye whIchmay be corrected by the use of contact
lenses; the taking of an impressioumold of the eyeball
Srom whioh contact lenses are to be cast; the determi-
nation of the corrective qualities to be incorporated
in the lenses by grinding or other means to develop the
proper resractive qualities; or the adjusting or Slt-
ting of~lensee to the eye. In view of what we have said
constitutes ths practice OS optometry in the Sitting OS
contact lenses, it necessarily follors that an woptloal
mechanic" or a "dispensing opticiana may not lavfully
fit contact lenses in this State, unless he does so in
the discharge of his duties as an officer or agent OS
the United States or the State of Texas, or is a physi-
oian and surgeon, duly licensed as,such under the laws
of the State of Texas regulating the'practioe OS medi-
cine,.oV is duly.~licenaedto practice optometry in this
State, Articles 4552 through 4566, Vernon!8 Civil Stat-
utes; Articles 735 through 736, Vernon98 Penal Code,
Mr. Relson Greeman - ~Page'
6 (V-860)
However, a person, whether he be known as an "optical
mechanic" o r a q dlspensiug optician* may lawfully en-
gage in any one:or all'of the three activities, re-
Serred to above, authorized by Article 456Sg, subject
to the conditions, limitations and restrictions impos-
ed therein.
SUMRARY
The fitting 0S contact lenses oonsti-
tutes.the praotloe 0S optometry. An voptl-
aa1areohau1cr"or "dispensing optician" may
not lawfully.Sit such lenses in this State,
uuless he doea'so In the discharge OS his
official dutibs asan officer or agent~of
the Eited‘States or'~the State of Texas or
Is a physlolan or surgeon, duly llcensed~
under~the laws~oi the State of Texas regu-
latizigthe practice OS-medicine, nor Is duly
licensed to practice optometry in this
Statd~. Articles 4652 through~4666; Veruonls
Civil Statutes; Articles 735 through 738, _
Vernou!a.Psnal Code.
A-person, vhether he be laiownas an
Aoptical~mechanion or a ndispensing optfclanN
may lawSully engagein any or all of the ae-_
tivltles~~authorixedby Article 466Sg, Vernon*8
Clv¶X2tatutes; subjeot:to the conditions,
1Uitations. md rsstriotions contained there-
in.
Yoursverytruly
.
ATTORRRY GRRRRAL OF TEXAS
-- Clyde B. Kennelly
Assistants
LffIRST ASSISTANT
ATTORRRY GRRRRAL
Untitled Texas Attorney General Opinion
Combined Opinion