(a) Except as otherwise provided in subsection (b), spectacles and contact lenses are medical devices and are subject to the requirements of this article.

Terms Used In West Virginia Code 30-8A-2

(b) The requirements of this article do not apply to the following:

(1) A diagnostic contact lens that is used by a licensee during an examination and evaluation;

(2) An optical instrument or device that is not intended to correct or enhance vision; or

(3) An optical instrument or device that is sold without consideration of the visual status of the individual who will use the optical instrument or device.