Session Law

Identifying Information:L. 2002 ch. 113
Other Identifying Information:2002 Substitute for House Bill 2285
Tax Type:Other
Brief Description:An Act relating to contact and ophthalmic lenses; granting certain powers to and imposing certain duties and functions upon the state board of healing arts and the board of examiners in optometry; providing for registration of certain persons dispensing contact lenses through the mail; establishing a contact lens advisory council; amending K.S.A. 65-1504b and repealing the existing section.
Keywords:


Body:

CHAPTER 113

Substitute for HOUSE BILL No. 2285


An Act relating to contact and ophthalmic lenses; granting certain powers to and imposing

certain duties and functions upon the state board of healing arts and the board of ex-

aminers in optometry; providing for registration of certain persons dispensing contact

lenses through the mail; establishing a contact lens advisory council; amending K.S.A.


65-1504b and repealing the existing section.


Be it enacted by the Legislature of the State of Kansas:

New Section 1. Sections 1 and 3 to 5, inclusive, and amendments

thereto, shall be known as the patient's contact lens prescription release

act.

Sec. 2. K.S.A. 65-1504b is hereby amended to read as follows: 65-

1504b. It shall be unlawful for any person to dispense an ophthalmic lens

or lenses without first having obtained a prescription valid, unexpired

prescription as defined in K.S.A. 65-1501a, and amendments thereto, or

order therefor from a duly licensed optometrist or a person licensed to

practice medicine and surgery. An ophthalmic lens shall include a contact

lens with or without power.

New Sec. 3. Each patient shall be entitled to receive a copy of such

patient's contact lens prescription once the same prescription has been

determined and the adaptation period has been completed. Any prescrip-

tion for a specific brand of contact lenses available only from the licensed

optometrist or person licensed to practice medicine and surgery, but

which are generally marketed under an alternate brand, must disclose the

name of the manufacturer and the trade name of the alternate brand. No

contact lens prescription may be limited by an expiration date or other-

wise to a period of less than 12 months from either the date the prescrip-

tion is first determined or the last date of the contact lens evaluation by

a licensed optometrist or a person licensed to practice medicine and sur-

gery, whichever date is later, unless a health related reason for the limi-

tation is noted in the patient's medical record.

New Sec. 4. (a) For purposes of this section a person dispensing

contact lenses means a person or entity not licensed under K.S.A. 65-

1505, and amendments thereto, or licensed to practice medicine and sur-

gery in Kansas who mails contact lenses to patients in Kansas pursuant

to a contact lens prescription which such person or entity did not deter-

mine.

(b) No person dispensing contact lenses as defined under subsection

(a) may dispense contact lenses through the mail to Kansas residents

unless such person meets the criteria of this section, is registered under

this section and pays the annual registration fee set by the state board of

healing arts. Registration fees shall not exceed the annual fee for an initial

or renewal permit to practice optometry in this state as provided in K.S.A.

65-1505 and amendments thereto.

(c) Approval of the registration for dispensing contact lenses shall be

provided by the state board of healing arts upon certification by the per-

son dispensing the contact lenses that such person:

(1) Is licensed or registered to dispense contact lenses in the state

where the dispensing facility is located, if required to be licensed or reg-

istered in such state;

(2) provides the location, names and titles of all principal corporate

officers and of the individual who is responsible for overseeing the dis-

pensing of contact lenses in Kansas;

(3) complies with directions and appropriate requests for information

from the regulating agency of each state where such person is licensed

or registered;

(4) will respond directly and within a reasonable period of time, not

to exceed 15 days, to all communications from the state board of healing

arts concerning the dispensing of contact lenses in Kansas;

(5) maintains records of contact lenses and their corresponding valid,

unexpired prescription dispensed in Kansas;

(6) agrees to cooperate with the state board of healing arts in provid-

ing information to the regulatory agency of any state where it is licensed

or registered concerning matters related to the dispensing of contact

lenses in Kansas;

(7) provides a toll-free telephone service for responding to questions

and complaints from individuals in Kansas during such person's regular

hours of operation and agrees to (a) include the toll-free number in lit-

erature provided with mailed contact lenses and (b) refer all questions

relating to eye care for the lenses prescribed to the licensee who deter-

mined the contact lens prescription;

(8) provides the following, or substantially equivalent, written noti-

fication to the patient whenever contact lenses are supplied:

WARNING: IF YOU ARE HAVING ANY OF THE FOLLOWING

SYMPTOMS, REMOVE YOUR LENSES IMMEDIATELY AND

CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEAR-

ING YOUR LENSES AGAIN: UNEXPLAINED EYE DISCOM-

FORT, WATERING, VISION CHANGE OR REDNESS;

(9) fills contact lens prescriptions according to the strict directions of

a person licensed to practice optometry or person licensed to practice

medicine and surgery in Kansas, without any deviation or substitution of

lenses; and

(10) consents in writing to the personal and subject matter jurisdic-

tion of the district courts of this state and the state board of healing arts

for actions arising out of this act.

(d) The state board of healing arts shall remit all moneys received

under this section to the state treasurer in accordance with the provisions

of K.S.A. 75-4215, and amendments thereto. Upon receipt of such re-

mittance, the state treasurer shall deposit the entire amount in the state

treasury to the credit of the healing arts fee fund.

New Sec. 5. (a) The board of examiners in optometry may revoke

the license of any person who is licensed by the board of examiners in

optometry and who is dispensing contact lenses in Kansas under this act

for failure to comply with the requirements set forth in the patient's

contact lens prescription release act. The state board of healing arts may

revoke the registration or license of any person who is registered under

section 4, and amendments thereto, or licensed by the state board of

healing arts and who is dispensing contact lenses in Kansas under this act

for failure to comply with the requirements of the patient's contact lens

prescription release act.

(b) (1) Upon a finding of any violation of the patient's contact lens

prescription release act, in lieu of or in addition to any other action, the

board of examiners in optometry for persons licensed by the board of ex-

aminers in optometry or the state board of healing arts for persons subject

to the provisions of section 4, and amendments thereto, registered under

section 4, and amendments thereto, or licensed by the state board of healing

arts to practice medicine and surgery may assess a civil fine not in excess of

$10,000 against such person dispensing contact lenses under this act.

(2) The board of examiners in optometry shall remit all moneys received

under this section to the state treasurer in accordance with the provisions

of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remit-

tance the state treasurer shall deposit the entire amount in the state treasury.

The state treasurer shall then deposit into the optometry fee fund an amount

from such deposits equal to the board's actual costs, including attorney fees,

related to fine assessment and enforcement as certified by the president of

the board. All expenditures from such funds shall be made in accordance

with appropriation acts upon warrants of the director of accounts and re-

ports issued pursuant to vouchers approved by the president of the board

or by a person designated by the president.

(3) The state board of healing arts shall remit all moneys received under

this section to the state treasurer in accordance with the provisions of K.S.A.

75-4215, and amendments thereto. Upon receipt of such remittance the

state treasurer shall deposit the entire amount in the state treasury. The

state treasurer shall then deposit into the healing arts fee fund an amount

from such deposits equal to the board's actual costs, including attorney fees,

related to fine assessment and enforcement as certified by the president of

the board. All expenditures from such funds shall be made in accordance

with appropriation acts upon warrants of the director of accounts and re-

ports issued pursuant to vouchers approved by the president of the board

or by a person designated by the president.

(c) If a person dispensing contact lenses is operating in violation of

the patient's contact lens prescription release act, for persons licensed by

the board of examiners in optometry, the board of examiners in optometry

or the attorney general may commence an action to enjoin such person

from further violations. If a person dispensing contact lenses who is sub-

ject to the provisions of section 4, and amendments thereto, is registered

under section 4, and amendments thereto, or is licensed by the state

board of healing arts, is operating in violation of the patient's contact lens

prescription release act, the state board of healing arts or the attorney

general may commence an action in the name of the state of Kansas to

enjoin such person from further violations or from mailing, shipping or

otherwise delivering contact lenses in Kansas.

(d) The board of examiners in optometry shall administer and enforce

the provisions of the patient's contact lens prescription release act for

persons licensed by the board of examiners in optometry, and the state

board of healing arts shall administer and enforce the provisions of the

patient's contact lens prescription release act for persons subject to the

provisions of section 4, and amendments thereto, registered under section

4, and amendments thereto, or licensed by the state board of healing arts,

and each such board is hereby granted such specific powers as are nec-

essary for the purpose of administering and enforcing such law, including

adopting rules and regulations, which rules and regulations shall not be

inconsistent with the provisions of the law being enforced.

New Sec. 6. (a) There is hereby established a contact lens advisory

council to advise the state board of healing arts in carrying out the pro-

visions of the patient's contact lens prescription release act. The council

shall consist of three members, all residents of the state of Kansas ap-

pointed by the state board of healing arts as follows: One member shall

be a person licensed to practice medicine and surgery who specializes in

ophthalmology, one member shall be a licensed optometrist and one

member shall be a person dispensing contact lenses as defined in the

patient's contact lens prescription release act.

(b) If a vacancy occurs on the council, the state board of healing arts

shall appoint a person of like qualifications to fill the vacant position for

the unexpired term, if any. The members appointed shall serve at the

pleasure of the state board of healing arts.

(c) Members of the council attending meetings of the council, or

attending a subcommittee meeting thereof authorized by the council,

shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and

amendments thereto from the healing arts fee fund.

Sec. 7. K.S.A. 65-1504b is hereby repealed.

Sec. 8. This act shall take effect and be in force from and after Jan-

uary 1, 2003, and its publication in the statute book.

Approved May 16, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002