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Public Act 91-0421
HB0800 Enrolled LRB9104240ACtm
AN ACT concerning contact lenses.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Mail Order Contact Lens Act.
Section 5. Definitions. As used in this Act:
"Contact lens prescription" means a written order bearing
the original signature of a duly licensed optometrist or
physician or an oral or electronic order issued directly by
an optometrist or physician that authorizes the dispensing of
contact lenses to a patient.
"Department" means the Department of Professional
Regulation.
"Mail-order ophthalmic provider" means an entity that
dispenses contact lenses through the United States Postal
Service or other common carrier to Illinois residents.
"Physician" means a person licensed to practice medicine
in all its branches under the Medical Practice Act of 1987.
Section 10. Dispensing contact lenses. A mail-order
ophthalmic provider may dispense contact lenses in this State
or to a patient in this State only in accordance with a
contact lens prescription.
Section 15. Rules. The Department shall promulgate
rules, as may be necessary, for the administration of this
Act, including without limitation rules requiring
registration and certification of mail order ophthalmic
providers under Section 20. Notice of proposed rulemaking
shall be transmitted to the Illinois Optometric Licensing and
Disciplinary Board, and the Medical Licensing Board and the
Department shall review the response from the Boards and any
recommendations they make.
Section 20. Nonresident mail-order opthalmic provider
registration.
(a) The Department shall require and provide for an
annual registration for all mail-order ophthalmic providers
located outside of this State, including those providing
services via the Internet, that dispense contact lenses to
Illinois residents. A mail-order ophthalmic provider's
registration shall be granted by the Department upon the
disclosure and certification by a mail-order ophthalmic
provider of all of the following:
(1) That it is licensed or registered to distribute
contact lenses in the state in which the dispensing
facility is located and from which the contact lenses are
dispensed, if required.
(2) The location, names, and titles of all
principal corporate officers and the person who is
responsible for overseeing the dispensing of contact
lenses to residents of this State.
(3) That it complies with all lawful directions and
appropriate requests for information from the appropriate
agency of each state in which it is licensed or
registered.
(4) That it will respond directly to all
communications from the Department concerning emergency
circumstances arising from the dispensing of contact
lenses to residents of this State.
(5) That it maintains its records of contact lenses
dispensed to residents of this State so that the records
are readily retrievable.
(6) That it cooperates with the Department in
providing information to the appropriate agency of the
state in which it is licensed or registered concerning
matters related to the dispensing of contact lenses to
residents of this State.
(7) That it conducts business in a manner that
conforms with Section 10 of this Act.
(8) That it provides a toll-free telephone service
for responding to patient questions and complaints during
its regular hours of operation. The toll-free number
shall be included in literature provided with mailed
contact lenses. All questions relating to eye care for
the lenses prescribed shall be referred back to the
contact lens prescriber.
(9) That it provides the following or a
substantially equivalent written notification 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 WEARING YOUR LENSES AGAIN:
UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR
REDNESS.
(b) The Department shall provide a copy of this Act and
its rules, and the Illinois Optometric Practice Act of 1987
and its rules, with each application for registration.
Section 25. Fees. The Department shall provide by rule
for a schedule of fees for the administration and enforcement
of this Act. The fees shall be nonrefundable.
All fees collected under this Act shall be deposited into
the General Professions Dedicated Fund and, subject to
appropriation, shall be used by the Department for the
ordinary and contingent expenses of the Department in the
administration of this Act.
Section 30. Violation; civil penalty.
(a) Any person who dispenses, offers to dispense, or
attempts to dispense contact lenses in violation of this Act
or its rules shall, in addition to any other penalty provided
by law, pay a civil penalty to the Department in an amount
not to exceed $5,000 for each offense as determined by the
Department. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with the
provisions set forth in the Illinois Administrative Procedure
Act.
(b) The Department may investigate all violations of
this Act.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order constitutes a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
Section 35. Deposit of civil penalties; appropriations.
All of the civil penalties collected under this Act shall be
deposited in the General Professions Dedicated Fund. All
moneys in the Fund shall be used by the Department, as
appropriated, for the ordinary and contingent expenses of the
Department.
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