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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_SB0368eng SB368 Engrossed LRB9104241ACtm 1 AN ACT concerning contact lenses. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 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. 21 Section 15. Rules. The Department shall promulgate 22 rules, as may be necessary, for the administration of this 23 Act, including without limitation rules requiring 24 registration and certification of mail-order ophthalmic 25 providers under Section 20. Notice of proposed rulemaking 26 shall be transmitted to the Illinois Optometric Licensing and 27 Disciplinary Board, and the Department shall review the 28 response from the Board and any recommendations it makes. SB368 Engrossed -2- LRB9104241ACtm 1 Section 20. Nonresident mail-order opthalmic provider 2 registration. 3 (a) The Department shall require and provide for an 4 annual registration for all mail-order ophthalmic providers 5 located outside of this State, including those providing 6 services via the Internet, that dispense contact lenses to 7 Illinois residents. A mail-order ophthalmic provider's 8 registration shall be granted by the Department upon the 9 disclosure and certification by a mail-order ophthalmic 10 provider of all of the following: 11 (1) That it is licensed or registered to distribute 12 contact lenses in the state in which the dispensing 13 facility is located and from which the contact lenses are 14 dispensed, if required. 15 (2) The location, names, and titles of all 16 principal corporate officers and the person who is 17 responsible for overseeing the dispensing of contact 18 lenses to residents of this State. 19 (3) That it complies with all lawful directions and 20 appropriate requests for information from the appropriate 21 agency of each state in which it is licensed or 22 registered. 23 (4) That it will respond directly to all 24 communications from the Department concerning emergency 25 circumstances arising from the dispensing of contact 26 lenses to residents of this State. 27 (5) That it maintains its records of contact lenses 28 dispensed to residents of this State so that the records 29 are readily retrievable. 30 (6) That it cooperates with the Department in 31 providing information to the appropriate agency of the 32 state in which it is licensed or registered concerning 33 matters related to the dispensing of contact lenses to 34 residents of this State. SB368 Engrossed -3- LRB9104241ACtm 1 (7) That it conducts business in a manner that 2 conforms with Section 10 of this Act. 3 (8) That it provides a toll-free telephone service 4 for responding to patient questions and complaints during 5 its regular hours of operation. The toll-free number 6 shall be included in literature provided with mailed 7 contact lenses. All questions relating to eye care for 8 the lenses prescribed shall be referred back to the 9 contact lens prescriber. 10 (9) That it provides the following or a 11 substantially equivalent written notification to the 12 patient whenever contact lenses are supplied: WARNING: 13 IF YOU ARE HAVING ANY OF THE FOLLOWING SYMPTOMS REMOVE 14 YOUR LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE 15 PRACTITIONER BEFORE WEARING YOUR LENSES AGAIN: 16 UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR 17 REDNESS. 18 (b) The Department shall provide a copy of this Act and 19 its rules, and the Illinois Optometric Practice Act of 1987 20 and its rules, with each application for registration. 21 Section 25. Fees. The Department shall provide by rule 22 for a schedule of fees for the administration and enforcement 23 of this Act. The fees shall be nonrefundable. 24 All fees collected under this Act shall be deposited into 25 the General Professions Dedicated Fund and, subject to 26 appropriation, shall be used by the Department for the 27 ordinary and contingent expenses of the Department in the 28 administration of this Act. 29 Section 30. Violation; civil penalty. 30 (a) Any person who dispenses, offers to dispense, or 31 attempts to dispense contact lenses in violation of this Act 32 or its rules shall, in addition to any other penalty provided SB368 Engrossed -4- LRB9104241ACtm 1 by law, pay a civil penalty to the Department in an amount 2 not to exceed $5,000 for each offense as determined by the 3 Department. The civil penalty shall be assessed by the 4 Department after a hearing is held in accordance with the 5 provisions set forth in the Illinois Administrative Procedure 6 Act. 7 (b) The Department may investigate all violations of 8 this Act. 9 (c) The civil penalty shall be paid within 60 days after 10 the effective date of the order imposing the civil penalty. 11 The order constitutes a judgment and may be filed and 12 execution had thereon in the same manner as any judgment from 13 any court of record. 14 Section 35. Deposit of civil penalties; appropriations. 15 All of the civil penalties collected under this Act shall be 16 deposited in the General Professions Dedicated Fund. All 17 moneys in the Fund shall be used by the Department, as 18 appropriated, for the ordinary and contingent expenses of the 19 Department.