N.J. Admin. Code § 13:38-1.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:38-1.4 - Optometric practice under assumed names and disclosure of practitioner names

(a) Except as may be authorized by the Professional Service Corporation Act, 14A:17-1 et seq., a licensed optometrist shall not practice under a name other than his or her own.

(b) A licensed optometrist who is also an officer of a professional service corporation which renders optometric service or sells ophthalmic materials shall:

1. Disclose conspicuously the name of at least one corporate officer who is licensed to practice optometry within this State in all advertising of the corporation; and

2. Display the names of all optometrists conspicuously at the entrance where the optometric services are rendered.

(c) All corporate officers holding licenses shall comply with this section.

(d) In all advertisements for optometric materials and services at a particular location or group of locations, the name and license number of at least one licensee responsible for optometric practice at the individual location or group of locations shall be disclosed. Any licensee's name appearing in an advertisement shall be immediately followed by one of the following designations: O.D., Optometrist, Doctor of Optometry, or Optometric Physician.

(e) The business, partnership or corporation name shall not use the terms "Specialist," "Specialty," or its substantial equivalent.

(f) A sole practitioner of optometry and all licensed optometrists offering services as partners in a partnership shall display their names conspicuously at the entrance of the facility.

N.J. Admin. Code § 13:38-1.4

R.1981 d.295, effective 8/6/1981.
See: 13 N.J.R. 233(a), 13 N.J.R. 519(a).
Amended by R.1989 d.252, effective 5/15/1989.
See: 20 N.J.R. 2361(b), 21 N.J.R. 1366(b).
Recodified as new 1.3 from old 1.10 and replaced old 1.3, "Optometrist presumed responsible for advertisements," which was repealed.
In (b)3, added "post office" before address.
In (d), added language elaborating on requirements for advertisements of optometric goods and services to include names of responsible optometric practitioners.
Petition for Rulemaking.
See: 26 N.J.R. 4707(c).
Amended by R.1995 d.524, effective 9/18/1995.
See: 27 N.J.R. 2092(a), 27 N.J.R. 3617(a).
Amended by R.1998 d.91, effective 2/17/1998.
See: 29 N.J.R. 308(a), 29 N.J.R. 1253(a), 30 N.J.R. 698(a).
In (d), added "or Optometric Physician".
Recodified from N.J.A.C. 13:38-1.3 by R.2000 d.178, effective 5/1/2000.
See: 31 N.J.R. 3041(a), 32 N.J.R. 1620(a).
Amended by R.2006 d.126, effective 4/3/2006.
See: 37 N.J.R. 3780(a), 38 N.J.R. 1574(b).
Added (e); recodified former (e) as (f).
Amended by R.2012 d.077, effective 4/16/2012.
See: 43 N.J.R. 822(a), 44 N.J.R. 1272(a).
Rewrote (b)1, (b)2, (c) and (f); and deleted (b)3.