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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