2016 -- H 8003

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LC005579

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- OPTICIANS

     Introduced By: Representative Jan Malik

     Date Introduced: March 25, 2016

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-35.2-1 of the General Laws in Chapter 5-35.2 entitled "Opticians"

is hereby amended to read as follows:

     5-35.2-1. Definitions. -- As used in this chapter:

      (1) "Advisory committee" means the advisory committee of opticianry as established

herein.

      (2) "Department" means the department of health

      (3) "Director" means the director of the department of health.

      (4) "Optician" means a person licensed in this state to practice opticianry pursuant to the

provisions of this chapter.

      (5) "The Practice of Opticianry" means the preparation or dispensing of eyeglasses,

spectacles, lenses, or related appurtenances, for the intended wearers, or users, on prescription

from licensed physicians or optometrists, or duplications or reproductions of previously prepared

eyeglasses, spectacles, lenses, or related appurtenances; or the person who, in accordance with

such prescriptions, duplications or reproductions, measures, adapts, fits, and adjusts eyeglasses,

spectacles, lenses, including spectacles add powers for task specific use or occupational

applications, or appurtenances, to the human face. Provided, however, a person licensed under the

provisions of this chapter shall be specifically prohibited from engaging in the practice of ocular

refraction, orthoptics, visual training, the prescribing of subnormal vision aids, telescopic

spectacles, fitting, selling, replacing, or dispensing contact lenses.

     SECTION 2. Chapter 5-35.2 of the General Laws entitled "Opticians" is hereby amended

by adding thereto the following section:

     5-35.2-5.1. Unlawful sale of contact lenses. -- It is unlawful for any licensed optician to

sell replacement contact lenses without a valid, original and unexpired contact lens written

prescription from a licensed optometrist or physician in accordance with the Federal Trade

Commission’s "contact lens rule" found in 16 C.F.R. §§315.1 through 315.11 and any subsequent

amendments thereto. A contact lens prescription shall expire one year from the date the

prescription was written, unless based on the medical judgment of the prescriber, the ocular

health of a patient warrants a shorter expiration date on the prescription. A contact lens

prescription shall be considered invalid if the quantity of lenses to be dispensed would exceed the

number of lenses required to fill the remaining duration of the prescription, unless prior

authorization is provided from a licensed optometrist or physician.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- OPTICIANS

***

     This act would prohibit the dispensing of contact lenses without a valid original written

prescription and would mandate that prescriptions for contact lenses expire one year from the date

or issuance unless a shorter time is necessary for the health of the patient based on the medical

judgment of the optometrist.

     This act would take effect upon passage.

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LC005579

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