N.J. Admin. Code § 13:33-7.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 13:33-7.1 - Advertising

(a) An ophthalmic dispenser or ophthalmic technician may advertise provided that the advertisement does not mislead or deceive the public or discredit others in the eye care field.

(b) Any advertisement, placed on or in newspapers, magazines, radio, television, flyers, on-premise signs, off-premise signs and the Internet, which contains the price of corrective lenses, frames, complete corrective eyeglasses or the dispensing of contact lenses shall, for each stated price:

1. Specify the type of lenses being offered, such as single vision, bifocal, trifocal, or progressive; whether they have tints or colorations; whether they are standard size or oversize; and of what material the lenses are made; and

2. Specify the type of frame and the material from which it is made; and whether the frame advertised has been discontinued by the manufacturer.

(c) Where delivery time is advertised, any restrictions imposed upon such delivery shall be in a minimum of 10 point type and shall be placed adjacent to the indicated delivery time.

(d) Where warranties and guarantees are advertised, all exceptions to such warranty or guarantee shall be listed.

(e) Anyone who advertises the price of lenses, frames, complete corrective eyeglasses or dispensing of contact lenses shall answer telephone inquiries on the availability and the prices of the advertised ophthalmic items.

(f) Licensees may advertise eye examinations provided they state that the examination is performed by an independent doctor of optometry or ophthalmologist.

(g) All advertisements shall include, for at least one ophthalmic dispenser working at the business:

1. The ophthalmic dispenser's first name, or first initial of the first name, and full last name;

2. The ophthalmic dispenser's business address and telephone number; and

3. The terms "N.J. License #" followed by the ophthalmic dispenser's license number.

N.J. Admin. Code § 13:33-7.1

Amended by R.2008 d.59, effective 3/17/2008.
See: 39 N.J.R. 2197(a), 40 N.J.R. 1672(a).
Rewrote (g).