PURPOSE: This rule explains the professional conduct required of licensed optometrists.

1. (1) Every registered optometrist whose name, office address, phone number or place of practice appears or is mentioned in any advertisement of any kind or character shall be presumed to have caused, allowed, permitted, approved and sanctioned the advertisement and shall be personally and professionally responsible for the content and character of the advertisement.

2. (2) The term advertising, as used in section 336.110, RSMo and this rule, shall include, but not be limited to, advertising by means of any of the following media:

   1. (A) Newspapers, magazines, periodicals, programs, circulars, handbills, stationery or any other forms of printed, mimeographed, offset, typewritten or otherwise reproduced material;
   2. (B) Motion pictures;
   3. (C) Broadcasts by radio, television or public address systems; and
   4. (D) Signs of every kind and description including billboards, posters, building signs, corridor signs, stair signs and window signs.
3. (3) No optometrist registered in this state shall use or employ deception, fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact in connection with the advertisement of any ophthalmic goods or services.

4. (4) Advertisements which will be deemed to violate section (3) include, but shall not be limited to, those which:

   1. (A) Use words that are apt to be misunderstood or qualifying references in smaller type which are apt to be overlooked by a casual reader;
   2. (B) Exaggerate the quality of goods or services;
   3. (C) Contain any promise of improved condition;
   4. (D) Contain self-laudatory statements or claims of superiority over other licensed optometrists or other health care professionals or any reference to the quality of care provided; or
   5. (E) Fail to identify the optometrist’s profession by not including the word optometrist, doctor of optometry or O.D. following the optometrist’s name if the advertisement must contain the name of the optometrist pursuant to subsection (4)(E).

5. (5) Advertising concerning the cost and availability of ophthalmic goods and services is deemed to be misleading unless it contains the following disclosures:

   1. (A) Whether an advertised price includes single vision, multifocal lenses, or both;
   2. (B) Whether an advertised price for contact lenses refers to soft or hard contact lenses, or both;
   3. (C) Whether an advertised price for ophthalmic goods includes an eye examination;
   4. (D) Whether an advertised price for ophthalmic goods includes all dispensing fees; and
   5. (E) Whether an advertised price for eyeglasses includes both frames and lenses.
6. (6) Nothing in this section shall be construed to require that the optometrist advertise the price of particular goods or services.
7. (7) It shall be considered dishonesty in the practice of optometry for an optometrist to permit, allow or cause a person who is not a registered optometrist or a licensed physician or surgeon to use the optometrist’s prescription or optometric findings to fit a contact lens upon a patient or member of the public.

8. (8) It shall be considered misconduct in the practice of optometry to—

   1. (A) Write or allow to be written any prescription for ophthalmic materials or pharmaceutical agents which does not legibly include on the face of the prescription the license number of the optometrist, the full name of the optometrist (printed or typed), the optometrist or the initials O.D. and the signature of the prescribing optometrist; or
   2. (B) Verbally communicate or allow to be communicated to the individual or business who will be filling the prescription any prescription for ophthalmic materials or pharmaceutical agents without communicating or causing to be communicated the full name and license number of the prescribing optometrist.

9. (9) It shall be considered dishonesty in the practice of optometry for an optometrist to enter into an agreement or arrangement where s/he permits, allows or causes a person who is not a registered optometrist or a licensed physician or surgeon to do any of the following acts upon a patient or member of the public:

   1. (A) Examine the eye to ascertain the presence of defects or abnormal conditions of the eye;
   2. (B) Determine the corrective qualities to be incorporated in a contact or spectacle lens; or
   3. (C) Adjust or fit a contact lens to the eye.
10. (10) Every registered optometrist providing optometric services prominently shall display his/her name at the entrance of his/her office(s) any times during which these services are offered. The registered optometrist so displaying his/her name shall identify his/her profession by including the word optometrist, doctor of optometry or O.D. following his/her name.
11. (11) An optometrist is associated in business if s/he is a partner or if s/he is an employee or the holder of ten percent (10%) or more of the stock in a corporation or an officer or director of a corporation, or is guaranteed, promised or paid a commission, repayment of expenses or other remuneration.
12. (12) An optometrist who is associated in business with a person, firm or corporation which deals in optometric goods shall disclose this business relationship to his/her patients prior to the formation of an expressed or implied contract for optometric services. This disclosure shall include the name of the employer of the optometrist or shall state the name of the business in which s/he holds an interest or of which s/he is a member, officer or director and shall take the form of a sign posted in clear public view or a printed statement delivered to each patient in his/her care.
13. (13) Sections (11) and (12) of this rule shall not apply to an optometrist who is associated in business merely by being a member or an employee of a professional corporation law fully organized and registered pursuant to the provisions of Chapters 336 and 356, RSMo and the rules of the board applicable to those chapters, or by being a member or salaried employee of a health services corporation lawfully organized and registered in accordance with Chapter 354, RSMo.
14. (14) An optometrist who rents or leases office space on the premises of a business which deals in optometric goods and who is not associated with that business shall disclose that fact in the manner described in section (12) of this rule.

AUTHORITY: sections 336.110 and 336.160.1, RSMo 1986.* This rule originally filed as 4 CSR 210-2.060. Original rule filed Dec. 19, 1975, effective Dec. 29, 1975. Amended: Filed March 10, 1977, effective Aug. 11, 1977. Amended: Filed Aug. 30, 1979, effective Feb. 11, 1980. Rescinded and readopted: Filed Oct. 14, 1981, effective Jan. 14, 1982. Amended: Filed Oct. 27, 1983, effective March 11, 1984. Amended: Filed 20 CSR 2210-2 Aug. 4, 1986, effective Nov. 13, 1986. Amended: Filed Aug. 13, 1991, effective Jan. 13, 1992. Moved to 20 CSR 2210-2.060, effective Aug. 28, 2006.

*Original authority: 336.110, RSMo 1939, amended 1947, 1978, 1981 and 336.160.1, RSMo 1939, amended 1947, 1963, 1981. Bresler v. Tietjen, 424 SW2d 65 (Mo. banc 1968). Rule promulgated by board defining “dishonorable conduct’’ to include affiliation with any person, firm, corporation or association of any kind which advertises for prescription eyeglasses or prescription eyeglass lenses without clearly stating in the advertisement that the prices do not include the cost of eye examination, a prescription or other optometric service, held invalid because it unreasonably goes beyond the scope of statute. Rule promulgated by board defining “dishonorable conduct” to include entering into agreement with party who advertises prices for prescription eyeglasses or prescription eyeglass lenses which includes referrals held invalid because unreasonable and discriminatory in its application. Portion of rule promulgated by board defining affiliation to include rental of office space from a prohibited party or association held invalid because it was unreasonable and overly broad in application. Portion of rule promulgated by board defining affiliation to include agreement to pay optometrist for performance of optometric services by prohibited party or association held invalid because it was unreasonable and overly broad in application. Section 336.110, RSMo (1959) allowing board to determine who or what constitutes “procurers to obtain business’’ is not an unlawful delegation of legislative authority nor is it vague or indefinite. The sale of eyeglasses, whether or not on prescription, does not constitute the practice of optometry. Ketring v. Sturges, 372 SW2d 104 (Mo. 1963). Board has authority to define in advance “dishonorable conduct” and the board’s judgment in such matters should be disturbed only if the rule is unreasonable. Rule prohibiting advertising optometric services where name of one not a registered optometrist or physician or surgeon is given greater prominence than the individual name of optometrist held invalid because it went beyond the scope of statutory authority. Advertisement “Single Vision Lens $15.00” held not to violate sections 336.110 and 336.120, RSMo (1959), prohibiting advertisement of prices or terms for optometric services. FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION Op. Atty. Gen. No. 77, Warreck (7-25-67). Prescription glasses may be sold or dispensed to the individual who will wear the glasses or anyone of his/her choosing and wholesale optical suppliers or manufacturers are not required to furnish the glasses pursuant to an individual prescription only to licensed optometrists and physicians. Preparing a prescription for corrective glasses constitutes the practice of optometry as defined in section 336.010, RSMo (1959) and the prescription may not be altered or changed in any manner that would affect the corrective properties of the lens by anyone other than a licensed optometrist or physician. Op. Atty. Gen. No. 68, Mo. State Board of Optometry (4-19-54). It is unlawful for an osteopath to advertise as a “registered optometrist” when not duly licensed by the State Board of Optometry to practice optometry in this state. Op. Atty. Gen. No. 10, Bockhorst (6-8-50). An optometrist is forbidden by law to advertise, directly or indirectly, prices or terms for optometric services.