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17-89-407. Penalties — Enforcement.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-89-407. Penalties — Enforcement.
(a)(1) Any person violating the provisions of § 17-89-405 or § 17-89-406 shall be guilty of a Class A misdemeanor and upon conviction shall be subject to the fines and penalties provided by law.
(2) Each advertisement in violation of § 17-89-405 or § 17-89-406 shall be a separate offense, and each day on which an advertisement in violation of § 17-89-405 or § 17-89-406 is made shall constitute a separate offense.
(b)(1) The State Board of Optometry shall have the power to institute suit in the circuit court of the county in which a violation of § 17-89-405 or § 17-89-406 is alleged to have occurred to require enforcement by injunctive procedures and to recover costs of court and reasonable attorney's fees.
(2) The board shall not be required to execute or give a bond for cost, indemnity, or stay as a condition to the issuance of a restraining order or injunction, either temporary or permanent, in any court of this state.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-89-407
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:17-89-407
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9a7bb8a8d9eb450496c4c41f18dc5b89eb41977846734a45598f369743e2fb37
Source location: content.xml paragraph 24302
Stored source content
17-89-407. Penalties — Enforcement.
(a)(1) Any person violating the provisions of § 17-89-405 or § 17-89-406 shall be guilty of a Class A misdemeanor and upon conviction shall be subject to the fines and penalties provided by law.
(2) Each advertisement in violation of § 17-89-405 or § 17-89-406 shall be a separate offense, and each day on which an advertisement in violation of § 17-89-405 or § 17-89-406 is made shall constitute a separate offense.
(b)(1) The State Board of Optometry shall have the power to institute suit in the circuit court of the county in which a violation of § 17-89-405 or § 17-89-406 is alleged to have occurred to require enforcement by injunctive procedures and to recover costs of court and reasonable attorney's fees.
(2) The board shall not be required to execute or give a bond for cost, indemnity, or stay as a condition to the issuance of a restraining order or injunction, either temporary or permanent, in any court of this state.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-89-405. Fraudulent, misleading, or deceptive advertising prohibited.
It shall be unlawful for any dispensing optician or any person engaged in ophthalmic dispensing in this state, or anyone on their behalf, to knowingly or willfully engage in any fraudulent, misleading, or deceptive advertising. Any of the following practices shall be deemed to be fraudulent, misleading, or deceptive advertising:
(1) The use in any advertisement, whether by newspaper, magazine, circular, sign, billboard, radio, television, or any other printed, oral, or visual form of advertising, of a picture, drawing, or other illustration or format which conveys the impression or belief that the ophthalmic dispenser or dispensing optician firm provides eye examinations or is qualified to give complete eye care service, which may include eye examinations and the issuance of prescriptions for spectacles;
(2)(A) The use of words or a format designed to convey or which results in conveying an impression that the ophthalmic dispensing firm or the dispensing optician is qualified to provide eye care service other than the services that are authorized by the laws of this state and rules promulgated pursuant thereto for ophthalmic dispensing in this state.
(B) For the purposes of this subsection, the use of the words “eye care”, “professional eye care”, or the use of such words as “providing experienced professionals trained to meet your eye care needs” and similar words or expressions in the advertisement shall be interpreted as being fraudulent, misleading, and deceptive, since these terms are normally accepted and understood to represent services that can be performed only by a licensed optometrist or a licensed physician;
(3) Failure to include in the advertisement the disclaimer provision re
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-89-405
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-89-405. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-89-406. Disclaimer in advertisements required.
(a) Any advertisement made by, for, or in behalf of any ophthalmic dispensing firm or any dispensing optician in this state, by newspaper, magazine, handbill, circular, radio, television, billboard, sign, or other means or forms of advertisement, except goodwill advertising as determined by the State Board of Optometry, shall cause to have printed thereon, or stated in oral advertisements, the following disclaimer:
“This firm is not licensed to make eye examinations.”
(b)(1) In any printed advertisement, the disclaimer shall be printed in the same style, arrangement, and overall appearance of other printed material appearing within the advertisement, giving similar prominence to the disclaimer in the same size of type, style, arrangement, and overall appearance used in a majority of the written material in the advertisement.
(2) In oral advertisements, the disclaimer shall be depicted in a vocal presentation of the same volume, quality, and style as other portions of the oral advertisement are presented.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-89-406
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-89-406. This identifies an authority to review, not proof of applicability.