§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 or fail to provide notice as required by section 458-12.5;



(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 (A) for or on
account of 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) for or on account of 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, 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]



 



Note



 



  Section 458-12.5 referred to in text is repealed.