State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-115_1

§ 90‑115.1.  Actsnot constituting the unlawful practice of optometry.

In addition to the exemptions from this Article otherwise existing thefollowing acts or practices shall not constitute the unlawful practice ofoptometry:

(1)        The practice of optometry, in the discharge of theirofficial duties, by optometrists in any branch of the military service of theUnited States or in the full employ of any agency of the United States.

(2)        The teaching of optometry, in optometry schools or collegesoperated and conducted in this State and approved by the North Carolina StateBoard of Examiners in Optometry, by any person or persons licensed to practiceoptometry anywhere in the United States or in any country, territory or otherrecognized jurisdiction; provided, however, that such teaching of optometry byany person or persons licensed in any jurisdiction other than a place in theUnited States must first be approved by the North Carolina State Board ofExaminers in Optometry.

(3)        The practice of optometry by students enrolled in optometryschools or colleges approved by the North Carolina State Board of Examiners inOptometry when such practice is performed as a part of the student's course ofinstruction, is under the direct supervision of an optometrist who is eitherduly licensed in North Carolina or qualified under subdivision (2) above as ateacher, and is conducted in accordance with such rules as may be establishedfor such practice by the North Carolina State Board of Examiners in Optometry. Additionally, the practice of optometry by such students at any location uponpatients or inmates of institutions wholly owned or operated by the State ofNorth Carolina or any political subdivision or subdivisions thereof when, inthe opinion of the dean of such optometry school or college or his designee,the student's optometric education and experience is adequate therefor, subjectto review and approval by the said Board of Examiners in Optometry, and suchpractice is a part of the course of instruction of such students, is performedunder the supervision of a duly licensed optometrist acting as a teacher orinstructor and is without remuneration except for expenses and subsistence asdefined and permitted by the rules and regulations of said Board of Examinersin Optometry.

(4)        The temporary practice of optometry by licensed optometristsof another state or of any territory or country when the same is performed, asclinicians, at meetings or organized optometric societies, associations,colleges or similar optometric organizations, or when such optometrists appearin emergency cases upon the specific call of and in consultation with anoptometrist duly licensed to practice in this State.

(5)        The practice of optometry by a person who is a graduate ofan optometric school or college approved by the North Carolina State Board ofExaminers in Optometry and who is not licensed to practice optometry in thisState, when such person is the holder of a valid intern permit, or provisionallicense, issued to him by the North Carolina State Board of Examiners inOptometry pursuant to the terms and provisions of this Article, and when suchpractice of optometry complies with the conditions of said intern permit, orprovisional license.

(6)        Any act or acts performed by an optometric assistant ortechnician to an optometrist licensed to practice in this State when said actor acts are authorized and permitted by and performed in accordance with rulesand regulations promulgated by the Board.

(7)        Optometric assisting and related functions as a part oftheir instructions by optometric assistant students enrolled in a courseconducted in this State and approved by the Board, when such functions areperformed under the supervision of an optometrist acting as a teacher orinstructor who is either duly licensed in North Carolina or qualified for theteaching of optometry pursuant to the provisions of subdivision (2) above. (1975, c. 733; 1989, c. 321.)