2020 -- H 7767 | |
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LC004222 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY -- CONSUMER PROTECTION IN EYE CARE ACT | |
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Introduced By: Representatives Jacquard, Lima, and McNamara | |
Date Introduced: February 26, 2020 | |
Referred To: House Corporations | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 95 |
4 | THE CONSUMER PROTECTION EYE CARE ACT |
5 | 23-95-1. Short Title. |
6 | This act shall be known and may be cited as the “Consumer Protection in Eye Care Act.” |
7 | 23-95-2. Definitions. |
8 | (a) As used in this chapter: |
9 | (1) “Assessment mechanism” means automated or virtual equipment, application, or |
10 | technology designed to be used on a telephone, a computer, or an Internet-accessible device that |
11 | may be used either in person or remotely to conduct an eye assessment, and includes artificial |
12 | intelligence devices and any equipment, electronic or nonelectronic, that is used to perform an |
13 | eye assessment. |
14 | (2) “Contact lens” means any lens placed directly on the surface of the eye, regardless of |
15 | whether or not it is intended to correct a visual defect, including any cosmetic, therapeutic, or |
16 | corrective lens. |
17 | (3) “Eye assessment” means an assessment of the ocular health and visual status of a |
18 | patient that may include, but is not limited to, objective refractive data or information generated |
19 | by an automated testing device, including an autorefractor, in order to establish a medical |
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1 | diagnosis for the correction of vision disorders. |
2 | (4) “Person” means an individual, corporation, trust, partnership, incorporated or |
3 | unincorporated association, and any other legal entity. |
4 | (5) “Prescription” means a handwritten or electronic order issued by a provider, or an oral |
5 | order issued directly by a provider. |
6 | (6) “Provider” is a health care professional licensed under chapter 35.1 or 37 of title 5. |
7 | (7) “Seller” means an individual or entity that sells contact lenses or visual aid glasses |
8 | and dispenses them in Rhode Island in any manner. |
9 | (8) “Visual aid glasses” means eyeglasses, spectacles, or lenses designed or used to |
10 | correct visual defects, including spectacles that may be adjusted by the wearer to achieve |
11 | different types or levels of visual correction or enhancement. Visual aid glasses do not include |
12 | optical instrument or devices that are: |
13 | (i) Not intended to correct or enhance vision; |
14 | (ii) Sold without consideration of the visual status of the individual who will use the |
15 | optical instrument or device, including nonprescription sunglasses, plano lenses that are clear, |
16 | colored or tinted, or lenses that are designed and used solely to filter out light; or |
17 | (iii) Completely assembled eyeglasses or spectacles designed and used solely to magnify. |
18 | 23-95-3. Prescriptions - Content; release. |
19 | (a) A contact lens prescription shall include the following: |
20 | (1) The ophthalmic information necessary to accurately fabricate or dispense the lenses, |
21 | including the lens manufacturer, lens series, and the lens material if applicable; |
22 | (2) Power and base curve; |
23 | (3) Name, license number, telephone number, and for written orders, the signature of the |
24 | prescribing provider; |
25 | (4) Patient’s name and address, expiration date of the prescription, and number of refills |
26 | or lenses permitted; and |
27 | (5) The date of issuance. |
28 | (b) A contact lens prescription may also include the diameter, axis, add power, cylinder, |
29 | peripheral curve, optical zone and center thickness. |
30 | (c) A prescription for visual aid glasses shall include the following: |
31 | (1) The name, license number, telephone number, and for written orders, the signature of |
32 | the prescribing provider; |
33 | (2) The patient’s name; |
34 | (3) The date of issuance; and |
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1 | (4) The value of all parameters the provider has deemed necessary to dispense corrective |
2 | lenses appropriate for a patient. |
3 | (d) A provider shall not refuse to release a prescription for contact lenses or visual aid |
4 | glasses to a patient. |
5 | 23-95-4. Verification of contact lens prescriptions. |
6 | (a) All contact lens sellers and any person authorized under the general laws to dispense |
7 | contact lenses in the state shall verify the contact lens prescription by the following: |
8 | (1) Receipt of a written or faxed valid contact lens prescription signed by the prescribing |
9 | provider; or |
10 | (2) An electronic or oral affirmative communication of the complete contact lens |
11 | prescription from the prescribing provider. |
12 | (b) If a contact lens seller or any person authorized to dispense contact lenses in the state |
13 | finds it necessary to contact the prescribing provider via telephone in order to verify a contact |
14 | lens prescription, the following protocols shall be followed: |
15 | (1) Calls shall be made during regular business hours; |
16 | (2) Any verification requests shall include the name, address, and telephone number of |
17 | the patient; |
18 | (3) The toll-free telephone number as required by § 23-95-7(a)(7) shall be included in |
19 | voice mail or messages left on answering machines; |
20 | (4) Contact lens prescriptions shall not be mailed, sent, delivered, or dispensed before |
21 | verification by the provider; |
22 | (5) Touch-tone telephone options offered by a contact lens seller or any person |
23 | authorized to dispense contact lenses in the state shall not constitute verification; and |
24 | (6) Response-time options stated by a contact lens seller or any person authorized to |
25 | dispense contact lenses in the state shall not constitute verification. |
26 | (c) In the absence of a prescription as defined and described in this chapter, it shall be a |
27 | violation of this chapter to dispense contact lenses in Rhode Island in any manner. |
28 | 23-95-5. Dispensing. |
29 | (a) Any contact lens seller or any person authorized to dispense contact lenses or visual |
30 | aid glasses in the state who fills a prescription bears the full responsibility for the accurate |
31 | dispensing of the contact lenses or visual aid glasses provided under the prescription. At no time |
32 | shall any changes or substitutions be made including brand, type of lenses, or ophthalmic |
33 | parameters without the direction of the provider who issued the contact lens or visual aid glasses |
34 | prescription. |
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1 | (b) The provider shall not be liable for any damages for injury resulting from the |
2 | packaging, manufacturing, or dispensing of the contact lenses or visual aid glasses. |
3 | 23-95-6. Prerequisites for writing contact lens prescriptions. |
4 | (a) A contact lens fitting shall be complete and a contact lens prescription may be written |
5 | when: |
6 | (1) The provider has completed all measurements, tests, and examinations necessary to |
7 | satisfy his or her professional judgment that the patient is a viable candidate to wear contact |
8 | lenses, recognizing that more than one visit between the patient and the provider may be required; |
9 | and |
10 | (2) Contact lenses suitable for the patient’s eyes have been evaluated and fitted by the |
11 | provider to the patient’s eyes and the provider is satisfied with the fitting based on ocular health |
12 | and the visual needs of the patient. |
13 | (b) The patient shall be entitled to receive a copy of the contact lens prescription until its |
14 | expiration date. |
15 | 23-95-7. Registration of nonresident contact lens sellers. |
16 | (a) The department of health shall require and provide for the annual registration of all |
17 | contact lens sellers located outside of the state that dispense contact lenses in Rhode Island |
18 | including those providing contact lenses via the Internet. A contact lens seller's registration shall |
19 | be granted upon the disclosure and certification by the seller of all of the following: |
20 | (1) The seller is licensed or registered to distribute contact lenses in the state in which the |
21 | dispensing facility is located and from which the contact lenses are dispensed; |
22 | (2) The location, names, and titles of all owners, partners, corporate officers, and the |
23 | person who is responsible for overseeing the dispensing of contact lenses to persons in this state; |
24 | (3) The seller has complied with and shall continue to comply with all lawful directives |
25 | and appropriate requests for information from the appropriate agency of each state in which the |
26 | seller is licensed or registered; |
27 | (4) The seller shall respond to all requests for information from the department of health |
28 | within thirty (30) days from receipt of the request; |
29 | (5) The seller shall maintain records of contact lenses dispensed to persons in this state |
30 | for a period of ten (10) years, and that the records shall be readily available for inspection by the |
31 | department of health upon demand; |
32 | (6) The seller shall provide a toll-free telephone service during its regular hours of |
33 | operation for the sole purpose of responding to the patients in this state concerning questions and |
34 | complaints. All questions relating to eye care shall be referred to the doctor prescribing the |
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1 | contact lenses; |
2 | (7) The seller shall provide a toll-free telephone service during its regular hours of |
3 | operation solely for providers. |
4 | (8) The seller shall provide the following or a substantially equivalent written notification |
5 | to the patient whenever contact lenses are supplied: WARNING: IF YOU ARE HAVING ANY |
6 | OF THE FOLLOWING SYMPTOMS REMOVE YOUR CONTACT LENSES IMMEDIATELY |
7 | AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR LENSES |
8 | AGAIN: UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR |
9 | REDNESS; and |
10 | (9) The seller's license or registration, in the state in which the seller is licensed or |
11 | registered, has not been suspended or revoked, but should the seller be the subject of any |
12 | investigation undertaken by the licensing or registering state, or should the seller's license or |
13 | registration be suspended or revoked, then the seller shall immediately notify the department of |
14 | health of such actions. |
15 | 23-95-8. Assessment Mechanisms. |
16 | (a) An assessment mechanism to conduct an eye assessment or to generate a prescription |
17 | for contact lenses or visual aid glasses in Rhode Island shall: |
18 | (1) Provide synchronous or asynchronous interaction between the patient and the |
19 | provider; |
20 | (2) Collect the patient’s medical history, previous prescription for corrective eyewear, |
21 | and length of time since the patient’s most recent in-person comprehensive eye health |
22 | examination; |
23 | (3) Provide any applicable accommodation required by the federal Americans with |
24 | Disabilities Act, 42 U.S.C. sec. 12101 et seq., as amended; |
25 | (4) Gather and transmit protected health information in compliance with the federal |
26 | Health Insurance Portability and Accountability Act of 1996 as amended; |
27 | (5) Be used to perform a procedure with a recognized Current Procedural Terminology |
28 | code maintained by the American Medical Association, if applicable; and |
29 | (6) Maintain liability insurance, through its owner or lessee, in an amount adequate to |
30 | cover claims made by individuals diagnosed or treated based on information and data, including |
31 | any photographs and scans, generated by the assessment mechanism. |
32 | (b) A provider shall: |
33 | (1) Read and interpret the diagnostic information and data, including any photographs |
34 | and scans, gathered by the assessment mechanism; |
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1 | (2) Verify the identity of the patient requesting treatment via the assessment mechanism; |
2 | (3) Create and maintain a medical record for each patient, which is for use during the |
3 | ongoing treatment of a patient, and complies with all state and federal laws regarding |
4 | maintenance and accessibility; |
5 | (4) Provide a handwritten or electronic signature, along with their Rhode Island state |
6 | license number, certifying their diagnosis, evaluation, treatment, prescription, or consultation |
7 | recommendations of the patient; |
8 | (5) Utilize an assessment mechanism for an eye assessment or to generate a prescription |
9 | for visual aid glasses only if: |
10 | (i) The patient is at least eighteen (18) years of age; and |
11 | (ii) The patient has received an in-person comprehensive eye examination by a provider |
12 | within the previous twenty-four (24) months. |
13 | (6) Utilize an assessment mechanism to generate a prescription for contact lenses only if: |
14 | (i) The patient is at least eighteen (18) years of age; and |
15 | (ii) The patient has received an in-person comprehensive eye health examination by a |
16 | provider: |
17 | (A) For the initial prescription and one follow-up or first renewal of the initial |
18 | prescription; or |
19 | (B) Within twenty-four (24) months after the follow-up or first renewal of the initial |
20 | prescription, and every twenty-four (24) months thereafter. |
21 | (c) Prior to using an assessment mechanism, each Rhode Island patient shall be provided |
22 | with and shall accept as a term of use a disclosure that includes the following information: |
23 | (1) This assessment is not a replacement for an in-person comprehensive eye health |
24 | examination; |
25 | (2) This assessment cannot be used to generate an initial prescription for contact lenses or |
26 | a follow-up or first renewal of the initial prescription; |
27 | (3) This assessment may only be used if the patient has had an in-person comprehensive |
28 | eye health examination within the previous twenty-four (24) months if the patient is conducting |
29 | an eye assessment or receiving a prescription for visual aid glasses; and |
30 | (4) The United States Centers for Disease Control and Prevention (CDC) advises contact |
31 | lens wearers to visit an eye doctor one time a year or more often if needed. |
32 | (d) Evaluation, treatment, and consultation recommendations by a provider utilizing an |
33 | assessment mechanism as requested in this chapter, including issuing a prescription via electronic |
34 | means, shall be held to the same standards of appropriate practice as those in traditional in-person |
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1 | clinical settings. |
2 | (e) This section shall not: |
3 | (1) Limit the discretion of a provider to direct a patient to utilize any tele-health service |
4 | deemed appropriate for any treatment and care of the patient; |
5 | (2) Limit the sharing of patient information, in whatever form, between providers; or |
6 | (3) Apply beyond ocular health and eye care. |
7 | 23-95-9. Fees. |
8 | The department of health shall charge a fee for investigation and registration of |
9 | nonresident dispensers of contact lenses and visual aid glasses. |
10 | 23-95-10. Penalties. |
11 | (a) Any person who dispenses, offers to dispense, or attempts to dispense contact lenses |
12 | or visual aid glasses in violation of this chapter or the rules or regulations promulgated by the |
13 | department of health concerning the dispensing of contact lenses or visual aid glasses shall, in |
14 | addition to any other penalty provided by law, pay a civil penalty to the department of health in |
15 | an amount not to exceed ten thousand dollars ($10,000) for each violation. |
16 | (b) Any person charged in a complaint filed by the department of health with violating |
17 | any of the provisions of this chapter shall be entitled to an administrative hearing conducted in |
18 | accordance with § 42-35-1, et seq. |
19 | (c) Any person aggrieved by a final order issued under the authority of this chapter shall |
20 | have the right of an appeal by filing a petition in the state superior court. |
21 | (d) Nothing in this chapter shall restrict the department of health from enforcing |
22 | disciplinary action against a provider pursuant to chapters 35.1 and 37 of title 5, and any rules or |
23 | regulations promulgated thereunder. |
24 | 23-95-11. Rules and Regulations. |
25 | The department of health may adopt and promulgate reasonable rules and regulations to |
26 | carry out the provisions of this chapter. |
27 | 23-95-12. Severability. |
28 | If any provision of this chapter, or of any rule or regulation made under this chapter, or |
29 | the application of this chapter to any person or circumstances is held invalid by a court of |
30 | competent jurisdiction, the remainder of the chapter, rule, or regulation, and the application of |
31 | this provision to other persons or circumstances, shall not be affected. |
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1 | SECTION 2. This act shall take effect upon passage. |
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LC004222 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- CONSUMER PROTECTION IN EYE CARE ACT | |
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1 | This act would create the Consumer Protection in Eye Care Act which establishes |
2 | standards for eyeglass prescriptions, verification of contact lens prescriptions, dispensing of |
3 | contact lenses and glasses, prerequisites for writing prescriptions, registration of nonresident |
4 | contact lens sellers, and assessment mechanisms to conduct an eye assessment test. |
5 | This act would take effect upon passage. |
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LC004222 | |
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