10 Advertising Rules New Jersey’s Opticians Should Remember

Similar to other licensed healthcare professionals, New Jersey’s ophthalmic dispensers and ophthalmic technicians have to follow certain rules and regulations when it comes to adverting their practice. New Jersey’s State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians (“Board”), the state licensing and governing agency, has extensive regulations governing the do’s and don’ts of advertising for ophthalmic dispensers and technicians. Below we summarize a subset of those rules.

An optician or opthalmic technician in New Jersey needs to be aware that:

  1. the advertising may not mislead or deceive the public or discredit others in the eye care field
  2. any advertisement containing the price of corrective lenses, frames, complete corrective eyeglasses or the dispensing of contact lenses must have specific information regarding the type of frames and materials from which it is made as well as the type of lens
  3. restrictions on delivery times have to be made in a specific font and placed in a specific location in the advertisement
  4. any exceptions to warranties or guaranties need to be identified
  5. eye examinations may be advertised only with additional specific information provided about the exam
  6. all advertisement must also include specific information about the licensed optician
  7. opticians advertising the price of lenses, frames, complete corrective eyeglasses or dispensing of contact lenses have to answer telephone inquiries on the availability and the prices of the advertised ophthalmic items
  8. ophthalmic dispensers and opticians should be aware that any advertisement that deals with reduced price sales, price ranges, and percentage sales must comply with the Board’s extensive regulations detailing the permitted and prohibited content
  9. The use of any type, size, location, lighting, illustration, graphic depiction or color resulting in the obscuring of any material fact is unlawful
  10. The use of a fictitious former price in an advertisement is considered professional misconduct.

The Board has additional rules prohibiting specific advertising behavior by licensed opthalmic dispensers and technicians.

If you have questions regarding any of the rules and regulations above, other restrictions on advertisement by opticians/ophthalmic dispensers, other healthcare professionals or have other health law related questions please contact our office.