THE 40-HOUR LICENSED OPTICIAN ON PREMISES MYTH

It has come to our attention that a notion is being circulated that a licensed optician is only required to be on premises at a particular location for 40 hours per week. The implication of this notion is that unlicensed personnel may dispense eyewear during those hours after the licensed optician has left the premises. This notion is a myth and has no factual basis in Georgia statutes or regulations.

O.C.GA. 43-29-7(a) Any person wishing to obtain the right to practice the trade or occupation of dispensing optician, as defined in this chapter, shall, before it shall be lawful for him to do so in this state, make application to the board, upon such form and in such manner as shall be adopted and prescribed by the board, and obtain a license from the board. Unless such person shall have obtained a license as provided in this subsection, it shall be unlawful for him to practice the trade or occupation of dispensing optician in this state; and he shall be subject to the penalties prescribed in Code Section 43-29-21. 

GSBDO Rule 420-4-.01 All Work Under Supervision of Licensed Dispensing Optician.
Any trainee, apprentice, unlicensed optician, or any other person working for and under a licensed dispensing optician, optometrist, or physician shall not do optical dispensing unless he/she is working exclusively for and under the direct supervision of a licensed dispensing optician, optometrist, or physician and does not hold himself/herself out to the public generally as a dispensing optician. Direct supervision shall mean daily, onsite, close contact while optical dispensing is taking place within the retail establishment.

O.C.GA. 43-29-21 Any person who shall practice the trade or occupation of dispensing optician, as defined in this chapter, without first complying with this chapter or who shall violate any of the Code sections of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 or by imprisonment of not more than six months in the county jail, or both. 
 

Thomas Blair, Jr., Chairman, OAG Minimum Basic Education Committee