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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.
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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.
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