A judge has dismissed Opternative's suit against South Carolina's Eye Care Consumer Protection Law, which specifically bans ocular telehealth. Several states are mulling legislation on telemedicine for eye exams.
South Carolina’s law prohibiting telemedicine-based eye exams will remain on the books, following the dismissal of a lawsuit brought by Opternative.
U.S. District Court Judge DeAndrea Gist Benjamin has thrown out a lawsuit filed on behalf of the Chicago-based developer of an app for online eye exams, saying the company does not have standing – specifically, the company hasn’t suffered an injury as a result of the law.
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