State of Illinois
91st General Assembly
Legislation

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[ House Amendment 001 ]

91_SB0368sam001

 










                                           LRB9104241LDmbam01

 1                    AMENDMENT TO SENATE BILL 368

 2        AMENDMENT NO.     .  Amend Senate Bill 368  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.   Short title.  This Act may be cited as the
 5    Mail Order Contact Lens Act.

 6        Section 5.  Definitions.  As used in this Act:
 7        "Contact lens prescription" means a written order bearing
 8    the original signature of  a  duly  licensed  optometrist  or
 9    physician  or  an oral or electronic order issued directly by
10    an optometrist or physician that authorizes the dispensing of
11    contact lenses to a patient.
12        "Department"  means  the   Department   of   Professional
13    Regulation.
14        "Mail-order  ophthalmic  provider"  means  an entity that
15    dispenses contact lenses through  the  United  States  Postal
16    Service or other common carrier to Illinois residents.

17        Section  10.   Dispensing  contact  lenses.  A mail-order
18    ophthalmic provider may dispense contact lenses in this State
19    or to a patient in this  State  only  in  accordance  with  a
20    contact lens prescription.
 
                            -2-            LRB9104241LDmbam01
 1        Section  15.   Rules.   The  Department  shall promulgate
 2    rules, as may be necessary, for the  administration  of  this
 3    Act,    including    without   limitation   rules   requiring
 4    registration  and  certification  of  mail  order  ophthalmic
 5    providers under Section 20.  Notice  of  proposed  rulemaking
 6    shall be transmitted to the Illinois Optometric Licensing and
 7    Disciplinary  Board,  and  the  Department  shall  review the
 8    response from the Board and any recommendations it makes.

 9        Section 20.  Nonresident  mail-order  opthalmic  provider
10    registration.
11        (a)  The  Department  shall  require  and  provide for an
12    annual registration for all mail-order  ophthalmic  providers
13    located  outside  of  this  State,  including those providing
14    services via the Internet, that dispense  contact  lenses  to
15    Illinois   residents.   A  mail-order  ophthalmic  provider's
16    registration shall be granted  by  the  Department  upon  the
17    disclosure  and  certification  by  a  mail-order  ophthalmic
18    provider of all of the following:
19             (1)  That it is licensed or registered to distribute
20        contact  lenses  in  the  state  in  which the dispensing
21        facility is located and from which the contact lenses are
22        dispensed, if required.
23             (2)  The  location,  names,  and   titles   of   all
24        principal  corporate  officers  and  the  person  who  is
25        responsible  for  overseeing  the  dispensing  of contact
26        lenses to residents of this State.
27             (3)  That it complies with all lawful directions and
28        appropriate requests for information from the appropriate
29        agency  of  each  state  in  which  it  is  licensed   or
30        registered.
31             (4)  That   it   will   respond   directly   to  all
32        communications from the Department  concerning  emergency
33        circumstances  arising  from  the  dispensing  of contact
 
                            -3-            LRB9104241LDmbam01
 1        lenses to residents of this State.
 2             (5)  That it maintains its records of contact lenses
 3        dispensed to residents of this State so that the  records
 4        are readily retrievable.
 5             (6)  That  it  cooperates  with  the  Department  in
 6        providing  information  to  the appropriate agency of the
 7        state in which it is licensed  or  registered  concerning
 8        matters  related  to  the dispensing of contact lenses to
 9        residents of this State.
10             (7)  That it conducts  business  in  a  manner  that
11        conforms with Section 10 of this Act.
12             (8)  That  it provides a toll-free telephone service
13        for responding to patient questions and complaints during
14        its regular hours  of  operation.  The  toll-free  number
15        shall  be  included  in  literature  provided with mailed
16        contact lenses.  All questions relating to eye  care  for
17        the  lenses  prescribed  shall  be  referred  back to the
18        contact lens prescriber.
19             (9)  That   it   provides   the   following   or   a
20        substantially  equivalent  written  notification  to  the
21        patient whenever contact lenses are  supplied:   WARNING:
22        IF  YOU  ARE  HAVING ANY OF THE FOLLOWING SYMPTOMS REMOVE
23        YOUR  LENSES  IMMEDIATELY  AND  CONSULT  YOUR  EYE   CARE
24        PRACTITIONER    BEFORE   WEARING   YOUR   LENSES   AGAIN:
25        UNEXPLAINED EYE DISCOMFORT, WATERING, VISION  CHANGE,  OR
26        REDNESS.
27        (b)  The  Department shall provide a copy of this Act and
28    its rules, and the Illinois Optometric Practice Act  of  1987
29    and its rules, with each application for registration.

30        Section  25.  Fees.  The Department shall provide by rule
31    for a schedule of fees for the administration and enforcement
32    of this Act. The fees shall be nonrefundable.
33        All fees collected under this Act shall be deposited into
 
                            -4-            LRB9104241LDmbam01
 1    the  General  Professions  Dedicated  Fund  and,  subject  to
 2    appropriation, shall  be  used  by  the  Department  for  the
 3    ordinary  and  contingent  expenses  of the Department in the
 4    administration of this Act.

 5        Section 30.  Violation; civil penalty.
 6        (a)  Any person who dispenses,  offers  to  dispense,  or
 7    attempts  to dispense contact lenses in violation of this Act
 8    or its rules shall, in addition to any other penalty provided
 9    by law, pay a civil penalty to the Department  in  an  amount
10    not  to  exceed  $5,000 for each offense as determined by the
11    Department. The  civil  penalty  shall  be  assessed  by  the
12    Department  after  a  hearing  is held in accordance with the
13    provisions set forth in the Illinois Administrative Procedure
14    Act.
15        (b)  The Department may  investigate  all  violations  of
16    this Act.
17        (c)  The civil penalty shall be paid within 60 days after
18    the  effective  date of the order imposing the civil penalty.
19    The order  constitutes  a  judgment  and  may  be  filed  and
20    execution had thereon in the same manner as any judgment from
21    any court of record.

22        Section  35.  Deposit of civil penalties; appropriations.
23    All of the civil penalties  collected under this Act shall be
24    deposited in the General Professions  Dedicated  Fund.    All
25    moneys  in  the  Fund  shall  be  used  by the Department, as
26    appropriated, for the ordinary and contingent expenses of the
27    Department.".

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