§ 40-38-5 Application of chapter; conflict of laws
§ 40-38-10 Board of Examiners in Opticianry; membership; nominations; terms; removal
§ 40-38-20 Definitions
§ 40-38-30 Unlawful to practice opticianry without license
§ 40-38-50 Administration of Board by Department of Labor, Licensing and Regulation
§ 40-38-60 Adoption of bylaws to govern board proceedings
§ 40-38-70 Board responsibilities regarding examinations, investigations, and prosecutions
§ 40-38-80 Collection of evidence for investigations and other board proceedings
§ 40-38-90 Participation in hearing by board member filing complaint or conducting investigation
§ 40-38-100 Injunctive actions allowed by board
§ 40-38-110 Grounds for license revocation, suspension, or limitations, or for disciplinary action against licensee
§ 40-38-115 Jurisdiction of board
§ 40-38-120 Disciplinary actions permitted by board; procedures
§ 40-38-130 Denial of license on same grounds as for disciplinary actions
§ 40-38-140 Denial of license based on prior criminal record
§ 40-38-150 Voluntary surrender of license by licensee under investigation
§ 40-38-160 Right of aggrieved person to seek review of board decision
§ 40-38-170 Payment of investigation and prosecution costs by violator
§ 40-38-180 Collection of costs and fines
§ 40-38-190 Confidentiality of proceedings under provisions of this chapter
§ 40-38-200 Violations; penalty
§ 40-38-210 Additional civil penalties and injunctive relief
§ 40-38-230 Examinations; applications; fees; competency examinations; contact lens examinations
§ 40-38-240 Qualifications for licensure as optician or contact lens optician
§ 40-38-250 Apprentices and apprenticeships; promulgation of regulations
§ 40-38-260 Annual renewal of licenses and registrations; fees; revocation for default; reinstatement; continuing education requirements
§ 40-38-270 Fitting of contact lenses and professional determinations by opticians prohibited; exception
§ 40-38-280 Ophthalmic dispensing of services and appliances; prescription required; exceptions
§ 40-38-290 Dispensing of spectacles to public from manufacturing or warehouse locations prohibited
§ 40-38-300 Use of optician’s license by unlicensed persons unlawful; assistants under supervision of opticians; delegation of tasks
§ 40-38-310 Unlawful advertising, sales, and pricing acts regarding ophthalmic goods and services; required disclosures
§ 40-38-320 Use of third-party solicitations; restrictions
§ 40-38-330 Regulations by board concerning employment, location and number of stores, advertising, and display of products prohibited
§ 40-38-340 Advertising by dispensing optician under corporate name, trade name, or as successor to another optician
§ 40-38-350 Display of certificate of licensure; effect of failure to display certificate
§ 40-38-360 Service of required notices; prima facie evidence
§ 40-38-370 Persons excepted from application of chapter
§ 40-38-380 Immunity
§ 40-38-390 Severability

Terms Used In South Carolina Code > Title 40 > Chapter 38 - Opticians

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity: means each contract or agreement to make periodic payments, whether in fixed or variable dollar amounts, or both, at specified intervals. See South Carolina Code 38-1-20
  • Appointment: means an individual designated by an official or authorized representative of an authorized insurer to act on its behalf as a producer. See South Carolina Code 38-1-20
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Commission: means the part of the premium paid to the producer as compensation for his services. See South Carolina Code 38-1-20
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the Department of Insurance of South Carolina. See South Carolina Code 38-1-20
  • Department: means the Department of Labor, Licensing and Regulation;

    (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;

    (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;

    (7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;

    (8) "Person" means an individual, partnership, or corporation;

    (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20
  • Director: means the person who is appointed by the Governor upon the advice and consent of the Senate and who is responsible for the operation and management of the department. See South Carolina Code 38-1-20
  • Domestic insurer: means an insurer incorporated or organized under the laws of this State. See South Carolina Code 38-1-20
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • insurance: includes annuities. See South Carolina Code 38-1-20
  • Insurance company: means an "insurer". See South Carolina Code 38-1-20
  • Insurer: includes a corporation, fraternal organization, burial association, other association, partnership, society, order, individual, or aggregation of individuals engaging or proposing or attempting to engage as principals in any kind of insurance or surety business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships, and corporations. See South Carolina Code 38-1-20
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Marine insurance: means each insurance against loss or destruction of or damage to aircraft, vessels, or watercraft and their cargoes; insurance covering the risks or perils of navigation, transit, or transportation of all forms of property, including the liability of a carrier for hire for the loss of property of shippers delivered for transporting; marine builder's risks; bridges, tunnels, piers, wharves, docks and slips, dry docks, marine railways, and other aids to navigation and transportation, precious stones, precious metals, and jewelry, whether in the course of transportation or otherwise; coverage of personal property by all risk forms known as the "Personal Property Floater"; and coverage of mobile machinery and equipment. See South Carolina Code 38-1-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Optician: means one who prepares and dispenses lenses, spectacles, eyeglasses, and appurtenances to the intended wearers on prescriptions from licensed physicians or optometrists and in accordance with these prescriptions, mechanically interprets, measures, adapts, fits, and adjusts lenses, spectacles, eyeglasses, and appurtenances to the human face for the aid or correction of visual or ocular anomalies of the human eye;

    (2) "Apprentice" means a qualified person registered by the board who is working under the supervision of a licensed optician, optometrist, or ophthalmologist and who is being trained in the practice of opticianry;

    (3) "Board" means the South Carolina Board of Examiners in Opticianry; and

    (4) "Direct supervision" means, with regard to a supervisee, the licensed optician must be on the premises at all times. See South Carolina Code 40-38-20
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means a corporation, agency, partnership, association, voluntary organization, individual, or another entity, organization, or aggregation of individuals. See South Carolina Code 38-1-20
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Policy: means a contract of insurance. See South Carolina Code 38-1-20
  • Premium: means payment given in consideration of a contract of insurance. See South Carolina Code 38-1-20
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.