Virginia | Legal Ethics
Legal Question
My employer allows it's employee's who are not licensed in their field to unknowingly break the law every day. Here are the laws governing our field:
§ 54.1-1700. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Board" means the Board for Opticians.
"Licensed physician" means any person licensed by the Board of Medicine to practice medicine and surgery.
"Optician" means any person, not exempted by § 54.1-1701, who prepares or dispenses eyeglasses, spectacles, lenses, or related appurtenances, for the intended wearers or users, on prescriptions from licensed physicians or licensed optometrists, or as duplications or reproductions of previously prepared eyeglasses, spectacles, lenses, or related appurtenances; or who, in accordance with such prescriptions, duplications or reproductions, measures, adapts, fits, and adjusts eyeglasses, spectacles, lenses, or appurtenances, to the human face.
"Licensed optician" means any person who is the holder of a license issued by the Board for Opticians.
"Licensed optometrist" means any person authorized by Virginia law to practice optometry.
(1954, c. 237, § 54-398.2; 1988, c. 765.)
§ 54.1-1701. Exemptions.
The provisions of this chapter shall not apply to:
1. Any licensed physician or licensed optometrist; or
2. Any individual, partnership or corporation engaged in supplying ophthalmic prescriptions and supplies exclusively to licensed physicians, licensed optometrists, licensed opticians, or optical scientists; or
3. Any person who does not hold himself out to the public as an "optician," and who works exclusively under the direct supervision and control of a licensed physician or licensed optometrist or licensed optician, and in the same location; or
4. The sale of spectacles, eyeglasses, magnifying glasses, goggles, sunglasses, telescopes, or binoculars which are completely preassembled and sold as merchandise; or
5. Any optician who (i) does not regularly practice in Virginia, (ii) holds a current valid license or certificate to practice as an optician in another state, territory, district or possession of the United States, (iii) volunteers to provide free health care to an underserved area of this Commonwealth under the auspices of a publicly supported all volunteer, nonprofit organization with no paid employees that sponsors the provision of health care to populations of underserved people throughout the world, (iv) files a copy of the license or certificate issued in such other jurisdiction with the Board, (v) notifies the Board, within fifteen days prior to the voluntary provision of services of the dates and location of such services, and (vi) acknowledges, in writing, that such licensure exemption shall only be valid, in compliance with the Board's regulations, during the limited period that such free health care is made available through the volunteer, nonprofit organization on the dates and at the location filed with the Board.
(1954, c. 237, §§ 54-398.1, 54-398.3; 1974, c. 534; 1988, c. 765; 2002, c. 740.)
§ 54.1-1704. Practice of opticians restricted.
No person shall practice or offer to practice as an optician in this Commonwealth unless he holds a license issued under this chapter.
(1954, c. 237, § 54-398.3; 1974, c. 534; 1988, c. 765.)
§ 54.1-1706. Permissible practices.
Notwithstanding the provisions of subdivisions 7 and 8 of § 54.1-3204, a licensed optician is authorized to prepare and dispense eyeglasses, spectacles, lenses, or related appurtenances, for the intended wearers or users, on prescriptions from licensed physicians or licensed optometrists; duplicate and reproduce previously prepared eyeglasses, spectacles, lenses, or related appurtenances; and, in accordance with such prescriptions, duplications or reproductions, measure, adapt, fit, and adjust eyeglasses, spectacles, lenses, or appurtenances, to the human face. A licensed optician shall not, however, duplicate a contact lens solely from a previously prepared contact lens.
(1990, c. 718; 1993, c. 206; 2009, cc. 353, 761.)
In not one of our locations is a licensed Optician, licensed Optometrist or a licensed Physician in charge in any way shape or form.
My question is what I can do about this. Every day I go to work I am breaking the law. Can I sue my employer? Should I confront them? Or should I just report them?


