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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.
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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
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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
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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.".