A person may not:

Terms Used In West Virginia Code 30-8A-3

  • Direct supervision: means supervision that occurs when a licensee is actually present in the building. See West Virginia Code 30-8A-1
  • Licensee: means a person who is authorized to engage in the practice of optometry under article eight, chapter . See West Virginia Code 30-8A-1
  • Spectacles: means an optical instrument or device worn or used by an individual that has one or more lenses designed to correct or enhance vision to address the visual needs of the individual wearer. See West Virginia Code 30-8A-1
  • Valid prescription: means one of the following, as applicable:

    (1) For a contact lens, a written or electronic order by a licensee who has conducted an examination and evaluation of a patient and has determined a satisfactory fit for the contact lens based on an analysis of the physiological compatibility of the lens or the cornea and the physical fit and refractive functionality of the lens on the patient'. See West Virginia Code 30-8A-1

(1) Employ objective or subjective physical means to determine the accommodative or refractive condition; the range, power of vision or muscular equilibrium of the human eye or prescribe spectacles or contact lenses based on that determination unless that activity is performed by a licensee or performed by a person under direct supervision.

(2) Dispense, give, or sell spectacles or contact lenses unless dispensed, given, or sold pursuant to a valid prescription.

(3) Use an automated refractor or other automated testing device to generate objective refractive data unless that use is under direct supervision.