§ 17-89-405 - Fraudulent, misleading, or deceptive advertising prohibited.
17-89-405. Fraudulent, misleading, or deceptive advertising prohibited.
It shall be unlawful for any dispensing optician or any person engaged in ophthalmic dispensing in this state, or anyone on their behalf, to knowingly or willfully engage in any fraudulent, misleading, or deceptive advertising. Any of the following practices shall be deemed to be fraudulent, misleading, or deceptive advertising:
(1) The use in any advertisement, whether by newspaper, magazine, circular, sign, billboard, radio, television, or any other printed, oral, or visual form of advertising, of a picture, drawing, or other illustration or format which conveys the impression or belief that the ophthalmic dispenser or dispensing optician firm provides eye examinations or is qualified to give complete eye care service, which may include eye examinations and the issuance of prescriptions for spectacles;
(2) (A) The use of words or a format designed to convey or which result in conveying an impression that the ophthalmic dispensing firm or the dispensing optician is qualified to provide eye care service other than the services that are authorized by the laws of this state and regulations promulgated pursuant thereto for ophthalmic dispensing in this state.
(B) For the purposes of this subsection, the use of the words "eye care", "professional eye care", or the use of such words as "providing experienced professionals trained to meet your eye care needs" and similar words or expressions in the advertisement shall be interpreted as being fraudulent, misleading, and deceptive, since these terms are normally accepted and understood to represent services that can be performed only by a licensed optometrist or a licensed physician;
(3) Failure to include in the advertisement the disclaimer provision required in 17-89-406(a); and
(4) The use of any other advertising method which conveys a misleading or deceptive interpretation of the services that may be provided by a dispensing optician or by an ophthalmic dispensing firm in this state, within the limitations provided by law.