(a) Subject to the requirements of subsection (b), none of the following shall be civilly liable for any damages arising out of dispensing previously owned eyeglasses to a person:

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Terms Used In Tennessee Code 63-6-711

  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Free clinic: means a not for profit, out-patient, nonhospital facility in which a health care provider engages in the voluntary provision of health care services to patients without charge to the recipient of the services or to a third party. See Tennessee Code 63-6-703
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Sponsoring organization: means any organization that organizes or arranges for the voluntary provision of health care services and that registers with the department of health as a sponsoring organization in accordance with §. See Tennessee Code 63-6-703
(1) A sponsoring organization;
(2) A free clinic and any optometrist, ophthalmologist, or dispensing optician providing services at the free clinic; or
(3) Any organization that provides previously owned eyeglasses to a sponsoring organization or a free clinic free of charge and that is exempt from federal taxation under § 501(c)(3) or § 501(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3) and (4)).
(b) In order for the immunity conferred by subsection (a) to apply:

(1) The person to whom the previously owned eyeglasses are dispensed must be fourteen (14) years of age or older;
(2) The previously owned eyeglasses must be dispensed without charge; and
(3) Before the previously owned eyeglasses are dispensed, a licensed optometrist or ophthalmologist shall have:

(A) Personally examined the recipient of the eyeglasses and issued a prescription for the eyeglasses; or
(B) Personally consulted with the licensed optometrist or ophthalmologist who issued a prescription for the eyeglasses.
(c) The previously owned eyeglasses may be dispensed by an optometrist or ophthalmologist or a dispensing optician working with the optometrist or ophthalmologist.
(d) The immunity conferred by this section shall not apply if the organization or person granted immunity engages in grossly negligent or willful and wanton misconduct in dispensing the previously owned eyeglasses.
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