AN ACT FURTHER REGULATING THE PRACTICE OF OPTOMETRY.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Chapter 112 of the General Laws is hereby amended by striking out
section 73B, as appearing in the 1986 Official Edition, and
inserting in place thereof the following section:-
Section 73B. No person shall practice optometry on premises not
separate from premises whereon eyeglasses, lenses or eyeglass frames are
sold by any other person; nor shall any person practice optometry under any
lease, contract or other arrangement whereby any person, not duly
authorized to practice optometry, shares, directly or indirectly, in any
fees received in connection with said practice of optometry. For the
purposes of this section, any room, suite of rooms or area in which
optometry is practiced shall be considered separate premises if either
(a) it has a separate and direct entrance from a street, public corridor or
area available to the public, whether or not it has an entrance from any
other room or area in the same building; or (b) (i) the space is definite
and distinct from space occupied by other occupants of the premises,
(ii) all signs and displays concerning the optometric office are separate
and distinct from that of the other occupants of the premises and have the
name of the doctor of optometry and the words "doctor of optometry"
prominently displayed in connection therewith, and (iii) a written notice,
of a size and type reasonably expected to attract the attention of the
public, shall be put in a conspicuous place where the public will be
exposed to it, prior to or upon entrance thereto, which states that the
doctor of optometry is independent from other occupants of the premises and
identifies the location of the optometric office, if such office is not
clearly visible by the public from such entrance.
Whoever violates any provision of this section shall be punished by a
fine of not less than fifty nor more than five hundred dollars, or by
imprisonment for not more than six months, or both.