69-309. Terms, defined.

For purposes of the Consumer Protection in Eye Care Act:

(1) Contact lens means any lens placed directly on the surface of the eye, regardless of whether or not it is intended to correct a visual defect. Contact lens includes, but is not limited to, any cosmetic, therapeutic, or corrective lens;

(2) Department means the Department of Health and Human Services;

(3) Dispense means the act of furnishing spectacles or contact lenses to a patient;

(4) Eye examination means an assessment of the ocular health and visual status of a patient that does not consist solely of objective refractive data or information generated by an automated testing device, including an autorefractor, in order to establish a medical diagnosis or for the establishment of a refractive error;

(5) Kiosk means automated equipment or application designed to be used on a telephone, a computer, or an Internet-based device that can be used either in person or remotely to conduct an eye examination;

(6) Over-the-counter spectacles means eyeglasses or lenses in a frame for the correction of vision that may be sold by any person, firm, or corporation at retail without a prescription;

(7) Prescription means a provider’s handwritten or electronic order based on an eye examination that corrects refractive error;

(8) Provider means a physician, an osteopathic physician, or a physician assistant licensed under the Medicine and Surgery Practice Act or an optometrist licensed under the Optometry Practice Act; and

(9) 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 addressing the visual needs of the individual wearer, commonly known as glasses or eyeglasses, including spectacles that may be adjusted by the wearer to achieve different types or levels of visual correction or enhancement. Spectacles does not include an optical instrument or device that is not intended to correct or enhance vision or sold without consideration of the visual status of the individual who will use the optical instrument or device.

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