The Arkansas Board of Dispensing Opticians defines the following major terms used in the Ophthalmic Dispensing Act, Arkansas Code § 17-89-101 et seq., within the rules promulgated by the board:

1. (1) “Apprentice dispensing optician” means an individual registered with the Arkansas Board of Dispensing Opticians to work under the supervision of a licensed or registered dispensing optician or a physician skilled in disease of the eye or optometrist licensed by this state;
2. (2) “Board” means the Arkansas Board of Dispensing Opticians;
3. (3) “Capping and steering” is defined as the practice of a licensed, registered, or apprenticed dispensing optician or their employees repeatedly referring prospective customers to a specific optometrist or physician skilled in the disease of the eye, for the purpose of securing a current prescription for eye glasses;
4. (4) “Direct personal physical provision of direction and control” means in the optical dispensary and immediately available to address through personal inspection the actions of an apprentice or student optician;
5. (5) A “full-service optical laboratory” fabricates prescription lenses from unfinished or semi-finished lenses;
6. (6) “Licensed dispensing opticians” means any person licensed by the Arkansas Board of Dispensing Opticians to engage in ophthalmic dispensing;

7. (7)

   1. (A) “Ophthalmic dispensing” means the preparation of laboratory work orders, verification, and dispensing of spectacle lenses, spectacles, eyeglasses, and/or parts thereof to the intended wearer thereof on a written prescription from a licensed physician skilled in disease of the eye or licensed optometrist.

   2. (B) It shall include the:

      1. (i) Measuring, fitting, adapting, and adjusting of such spectacle lenses, spectacles, eyeglasses, and/or parts thereof to the human face;
      2. (ii) Preparation and delivery of work orders to laboratory technicians engaged in grinding lenses and fabrication of eyewear;
      3. (iii) Verification of the quality of finished spectacle lenses, spectacles, or eyeglasses; and
      4. (iv) Adjustment or repair of spectacle frames to the human face.
   3. (C) The prescribing, adapting, fitting, duplicating, dispensing, modifying, selling, or supplying of contact lenses for or to the human eye is specifically excluded;

8. (8) The term “person” shall be interpreted to include:

   1. (A) Individuals;
   2. (B) Partnerships;
   3. (C) Firms;
   4. (D) Corporations;
   5. (E) Professional corporations;
   6. (F) Unincorporated associations; or
   7. (G) Any of the foregoing;
9. (9) “Registered dispensing optician” means any person registered by the Arkansas Board of Dispensing Opticians to engage in ophthalmic dispensing;

10. (10)

    1. (A) “Side-by-side” operation means one in which a registered, licensed, or apprenticed dispensing optician directly or indirectly controls or attempts to control the professional judgment, manner of practice, or the practice of a licensed optometrist or physician skilled in the disease of the eye.

    2. (B) For the purpose of this subdivision, “controlling or attempting to control the professional judgment, manner of practice, or the practice of a licensed optometrist or physician skilled in the disease of the eye” may include or relate to but not be limited to:

       1. (i) Setting or attempting to influence the professional fees or office hours of a licensed optometrist or physician skilled in disease of the eye;
       2. (ii) Termination or threatening to terminate any lease, agreement, or other relationship in an effort to control the professional judgment, manner of practice, or practice of a licensed optometrist or physician skilled in disease of the eye;
       3. (iii) Defining the scope of or time limits for vision examinations;
       4. (iv) Where more than one (1) optometrist or physician skilled in disease of the eye is generally available, the repeated directing of persons seeking vision care to a particular optometrist or physician skilled in disease of the eye, group practitioner, or professional association, for the purpose of splitting fees or receiving a kickback or rebate;
       5. (v) Distributing or causing to be distributed professional business cards or like materials of a particular optometrist or physician skilled in the disease of the eye, group, or professional association;
       6. (vi) Advertising in any way that indicated vision examinations might be scheduled or arranged through or by the dispensing optician’s office; and
       7. (vii) Advertising that indicated vision examinations can be secured “nearby” or similar statements; and
11. (11) “Supervision” means the direct personal physical provision of direction and control through personal inspection.