(a) Except as otherwise provided in subsection (b), spectacles and contact lenses are medical devices and are subject to the requirements of this article.
(b) The requirements of this article do not apply to the following:
(1) A diagnostic contact lens that is used by a licensee during an examination and evaluation;
(2) An optical instrument or device that is not intended to correct or enhance vision; or
(3) An optical instrument or device that is sold without consideration of the visual status of the individual who will use the optical instrument or device.
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