N.Y. Education Law § 7106: Special provisions

§ 7106. Special provisions. 1. The testimony and reports of a licensed

optometrist shall be received by any official, board, commission or

other agency of the state or of any of its subdivisions or

municipalities as qualified evidence with respect to any matter defined

in section seventy-one hundred one of this article; and no official,

board, commission, or other agency of the state or any of its

subdivisions or municipalities shall discriminate among the

practitioners of optometry and any other ocular practitioners.

2. Eyeglasses or lenses for the correction of vision or non-corrective

contact lenses may be sold by any person, firm or corporation at retail,

only on prescription of a licensed physician or licensed optometrist and

only if a licensed physician, optometrist or ophthalmic dispenser is in

charge of and in personal attendance at the place of sale. This article

shall not apply to binoculars, telescopes, or other lenses used for

simple magnification; except, that a seller of non-prescription

ready-to-wear magnifying spectacles or glasses shall have the following

language attached to each pair of glasses or spectacles displayed or

offered for sale and in at least ten point bold type permanently affixed

in plain view to the top of any point of sale display or, if there is no

display, in the area of sale: "ATTENTION; READY-TO-WEAR NON-PRESCRIPTION

GLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR

EXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE

NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." As used

in this subdivision "non-prescription, ready to wear magnifying

spectacles or glasses" means spherical convex lenses, uniform in each

meridian, which are encased in eyeglass frames and intended to

ameliorate the symptoms of presbyopia. The lenses in such glasses shall

be of uniform focus power in each eye and shall not exceed 2.75

diopters.

3. It shall be a class A misdemeanor to practice any fraud, deceit or

misrepresentation in any advertising related to optometric services.