Optical Establishments: Why You Might Need a License and How to Avoid Discipline

The Department of Health (DOH) regulates roughly 1,500 Optical Establishments throughout the State of Florida. DOH is also responsible for discovering and stopping anyone from offering eyeglasses and contacts for sale without the proper Optical Establishment License. While formal discipline of Optical Establishments is a rare occurrence, even experienced Opticians and Establishment Owners can end up with an Administrative Complaint if they are not keeping up with their staff supervision requirements.

Optical Establishment Licensure and Unlicensed Activity

DOH regularly issues Cease and Desist orders to businesses selling glasses and contact lenses without being licensed as Optical Establishments. Cease and Desist orders can carry fines of up to $5000. Some cosmetic and toy glasses are exempt from the regulatory provisions that govern Opticians and Optical Establishments, however, contact lenses and prescriptions glasses cannot be dispensed without licenses. Even a licensed Optician cannot dispense glasses and contact lenses on their own without working under a valid establishment license. Make sure your business is properly licensed before dispensing contacts or other optical products.

Optician Delegation

 Once an Optical Establishment is appropriately licensed, the most common cause of DOH Investigations and Administrative Complaints is the failure to appropriately supervise support personnel. Section 484.011, Florida Statutes, allows an Optician to delegate a broad range of duties to support staff within the Optical Establishment. However, those delegated duties must be carried out under direct supervision. Direct supervision requires the Optician to remain physically present in the Optical Establishment while support staff is carrying out their delegated duties. The statutory authority to delegate is broad, but unless Optical Establishment support personnel are properly trained in DOH regulatory requirements, they may end up dispensing optical products to an undercover investigator while their supervising Optician is out to lunch.

Do you need assistance getting an Optical Establishment License for your business? Has your Optical Establishment received a notice of investigation or administrative Complaint from DOH? Our team has assisted current and prospective owners obtaining and maintaining their licenses with DOH. We are experienced in working directly with DOH’s requirements, preparing the necessary documents, and meeting the timelines required. We will guide you throughout each step of this process and provide comprehensive advice along the way.