Each of the following acts committed by any person constitutes a misdemeanor, for the first offense and a felony for second and subsequent offenses:

(a) practicing or attempting to practice optometry without a current license issued by the Board;

(b) permitting any person in one’s employ, supervision or control to practice optometry unless that person is licensed or exempted in accordance with the provisions of this Article;

(c) making a willfully false oath or affirmation where such oath or affirmation is required by this Article;

(d) selling or using any designation, diploma or certificate tending to imply that one is a practitioner of

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10 Guam Code Ann. HEALTH AND SAFETY
CH. 12 MEDICAL PRACTICES

optometry, unless one holds a license as provided by this
Article;

(e) refusal, after a request, to provide a patient a copy of his spectacle prescription, not including a contact lens prescription, providing the prescription is not over one (1) year old;

(f) duplicate or replace an ophthalmic lens, not including contact lenses, without a current prescription not more than two (2) years old, or without a written authorization from the patient if the prescription is not available;

(g) practicing optometry during any period of time in which one’s license has been revoked or suspended; or

(h) except for licensed optometrists, using any trial lenses, trial frames, graduated test cards or other appliances or instruments for the purpose of examining the eyes or rendering assistance to anyone who desires to have an examination of the eyes; provided, however, that it is not the intent of this Subsection to prevent any school nurse, school teacher or person in public service from ascertaining the possible need of vision services, provided, that such person, clinic or program does not attempt to diagnose or prescribe ophthalmic lenses for the eyes, or recommend any particular practitioner.