SENATE BILL 97024
BY SENATORS Tebedo, Alexander, Perlmutter, Powers, and Reeves;
also REPRESENTATIVES Tool, Keller, Morrison, and
Reeser.
CONCERNING A DECEPTIVE TRADE PRACTICE UNDER THE "COLORADO
CONSUMER PROTECTION ACT" FOR USE OF THE TITLE "OPTICIAN"
BY PERSONS NOT MEETING CERTAIN QUALIFICATIONS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 61105
(1), Colorado Revised Statutes, 1992 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
61105. Deceptive trade
practices. (1) A person engages
in a deceptive trade practice when, in the course of such person's
business, vocation, or occupation, such person:
(ee.8) (I) CLAIMS EITHER ORALLY OR
IN WRITING TO BE A "CERTIFIED OPTICIAN" OR "CERTIFIED
OPTICIEN", UNLESS SUCH PERSON HOLDS A CURRENT CERTIFICATE
OF COMPETENCE ISSUED BY THE AMERICAN BOARD OF OPTICIANRY. EACH
CERTIFICATE SHALL BE PROMINENTLY DISPLAYED OR MAINTAINED IN SUCH
PERSON'S PLACE OF BUSINESS AND MADE AVAILABLE FOR IMMEDIATE INSPECTION
AND REVIEW BY ANY CONSUMER OR AGENT OF THE STATE OF COLORADO.
NO PERSON MAY ASSOCIATE A SERVICE, PRODUCT, OR BUSINESS NAME WITH
THE TITLE "CERTIFIED OPTICIAN" UNLESS SUCH PERSON HOLDS
THE REQUIRED CERTIFICATE OF COMPETENCE. THIS PARAGRAPH (ee.8)
SHALL NOT APPLY TO PERSONS AUTHORIZED UNDER ARTICLE 36 OR 40 OF
TITLE 12, C.R.S., TO PRACTICE MEDICINE OR OPTOMETRY.
(II) PERFORMS OR CLAIMS ORALLY OR IN WRITING
TO BE ABLE TO PERFORM THE FOLLOWING PROCEDURES, AND SUCH PERSON
IS A CERTIFIED OPTICIAN:
(A) VISION THERAPY;
(B) REFRACTIONS;
(C) AUTOMATED REFRACTIONS; EXCEPT THAT
A CERTIFIED OPTICIAN MAY USE AN AUTO REFRACTOR TO PROVIDE VISION
SCREENINGS FOR THE SOLE PURPOSE OF DETERMINING IF THE SUBJECT
OF THE SCREENING NEEDS A FURTHER EYE EXAMINATION;
(D) REFRACTOMETRY;
(E) FITTING CONTACT LENSES;
(F) KERATOMETRY OR AUTOMATED KERATOMETRY;
OR
(G) ANY OTHER ACT THAT CONSTITUTES THE
PRACTICE OF OPTOMETRY OR THE PRACTICE OF MEDICINE.
(III) A CERTIFIED OPTICIAN DOES NOT ENGAGE
IN A DECEPTIVE TRADE PRACTICE UNDER SUBPARAGRAPH (II) OF THIS
PARAGRAPH (ee.8), IF SAID OPTICIAN PERFORMS THE DESCRIBED PROCEDURES
UNDER THE DIRECTION AND SUPERVISION OF A PERSON WHO HAS STATUTORY
AUTHORITY UNDER TITLE 12, C.R.S., TO SUPERVISE THE WORK OF OTHERS
WITHIN THE SCOPE OF HIS OR HER LICENSE.
SECTION 2. Effective
date. This act shall take effect July 1, 1997.
SECTION 3. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO