65-4965.
Citation of act.
K.S.A. 65-4965 to 65-4968, inclusive, and amendments thereto, shall be known as
the patient's contact lens prescription release act.
History: L. 2002, ch. 113, § 1;
Jan. 1, 2003.
65-4966.
Patient entitled to receive copy of
contact lens prescription; disclosures; prescription limitations.
Each patient shall be entitled to receive a copy of such patient's contact lens
prescription once the same prescription has been determined and the adaptation
period has been completed. Any prescription for a specific brand of contact
lenses available only from the licensed optometrist or person licensed to
practice medicine and surgery, but which are generally marketed under an
alternate brand, must disclose the name of the manufacturer and the trade name
of the alternate brand. No contact lens prescription may be limited by an
expiration date or otherwise to a period of less than 12 months from either the
date the prescription is first determined or the last date of the contact lens
evaluation by a licensed optometrist or a person licensed to practice medicine
and surgery, whichever date is later, unless a health related reason for the
limitation is noted in the patient's medical record. History: L. 2002,
ch. 113, § 3; Jan. 1, 2003.
65-4967. Definition of person
dispensing contact lenses for purposes of section; persons mailing contact
lenses to patients in Kansas; registration requirements; fees; moneys remitted
to state board of healing arts. (a) For purposes of this section a person
dispensing contact lenses means a person or entity not licensed under K.S.A.
65-1505, and amendments thereto, or licensed to practice medicine and surgery in
Kansas who mails contact lenses to patients in Kansas pursuant to a contact lens
prescription which such person or entity did not determine.
(b) No person dispensing
contact lenses as defined under subsection (a) may dispense contact lenses
through the mail to Kansas residents unless such person meets the criteria of
this section, is registered under this section and pays the annual registration
fee set by the state board of healing arts. Registration fees shall not exceed
the annual fee for an initial or renewal permit to practice optometry in this
state as provided in K.S.A. 65-1505 and amendments thereto.
(c) Approval of the registration for
dispensing contact lenses shall be provided by the state board of healing arts
upon certification by the person dispensing the contact lenses that such person:
(1) Is licensed or registered to
dispense contact lenses in the state where the dispensing facility is located,
if required to be licensed or registered in such state;
(2) provides the location, names and
titles of all principal corporate officers and of the individual who is
responsible for overseeing the dispensing of contact lenses in Kansas;
(3) complies with directions and
appropriate requests for information from the regulating agency of each state
where such person is licensed or registered;
(4) will respond directly and within
a reasonable period of time, not to exceed 15 days, to all communications from
the state board of healing arts concerning the dispensing of contact lenses in
Kansas;
(5) maintains records of contact
lenses and their corresponding valid, unexpired prescription dispensed in
Kansas;
(6) agrees to cooperate with the
state board of healing arts in providing information to the regulatory agency of
any state where it is licensed or registered concerning matters related to the
dispensing of contact lenses in Kansas;
(7) provides a toll-free
telephone service for responding to questions and complaints from individuals in
Kansas during such person's regular hours of operation and agrees to (a) include
the toll-free number in literature provided with mailed contact lenses and (b)
refer all questions relating to eye care for the lenses prescribed to the
licensee who determined the contact lens prescription;
(8) provides the following, or
substantially equivalent, written notification to the patient whenever contact
lenses are supplied:
WARNING: IF YOU ARE HAVING ANY OF THE FOLLOWING SYMPTOMS, REMOVE
YOUR LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING
YOUR LENSES AGAIN: UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE OR
REDNESS;
(9) fills contact lens
prescriptions according to the strict directions of a person licensed to
practice optometry or person licensed to practice medicine and surgery in
Kansas, without any deviation or substitution of lenses; and
(10) consents in writing to the
personal and subject matter jurisdiction of the district courts of this state
and the state board of healing arts for actions arising out of this act.
(d)
The state board of healing arts shall remit all
moneys received under this section to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such
remittance, the state treasurer shall deposit the entire amount in the state
treasury to the credit of the healing arts fee fund.
History: L. 2002, ch. 113, §
4; Jan. 1, 2003.
65-4968. Revocation of registration
or license for failure to comply with requirements of act; civil fines for
violations; disposition of moneys; injunction remedy for violations; enforcement
of act. (a) The board of examiners in optometry may revoke the license of
any person who is licensed by the board of examiners in optometry and who is
dispensing contact lenses in Kansas under this act for failure to comply with
the requirements set forth in the patient's contact lens prescription release
act. The state board of healing arts may revoke the registration or license of
any person who is registered under K.S.A. 65-4967, and amendments thereto, or
licensed by the state board of healing arts and who is dispensing contact lenses
in Kansas under this act for failure to comply with the requirements of the
patient's contact lens prescription release act.
(b) (1) Upon a finding of any
violation of the patient's contact lens prescription release act, in lieu of or
in addition to any other action, the board of examiners in optometry for persons
licensed by the board of examiners in optometry or the state board of healing
arts for persons subject to the provisions of K.S.A. 65-4967, and amendments
thereto, registered under K.S.A. 65-4967, and amendments thereto, or licensed by
the state board of healing arts to practice medicine and surgery may assess a
civil fine not in excess of $10,000 against such person dispensing contact
lenses under this act.
(2) The board of examiners in
optometry shall remit all moneys received under this section to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of such remittance the state treasurer shall deposit the
entire amount in the state treasury. The state treasurer shall then deposit into
the optometry fee fund an amount from such deposits equal to the board's actual
costs, including attorney fees, related to fine assessment and enforcement as
certified by the president of the board. All expenditures from such funds shall
be made in accordance with appropriation acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the president of
the board or by a person designated by the president.
(3) The state board of healing arts
shall remit all moneys received under this section to the state treasurer in
accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon
receipt of such remittance the state treasurer shall deposit the entire amount
in the state treasury. The state treasurer shall then deposit into the healing
arts fee fund an amount from such deposits equal to the board's actual costs,
including attorney fees, related to fine assessment and enforcement as certified
by the president of the board. All expenditures from such funds shall be made in
accordance with appropriation acts upon warrants of the director of accounts and
reports issued pursuant to vouchers approved by the president of the board or by
a person designated by the president.
(c) If a person dispensing contact
lenses is operating in violation of the patient's contact lens prescription
release act, for persons licensed by the board of examiners in optometry, the
board of examiners in optometry or the attorney general may commence an action
to enjoin such person from further violations. If a person dispensing contact
lenses who is subject to the provisions of K.S.A. 65-4967, and amendments
thereto, is registered under K.S.A. 65-4967, and amendments thereto, or is
licensed by the state board of healing arts, is operating in violation of the
patient's contact lens prescription release act, the state board of healing arts
or the attorney general may commence an action in the name of the state of
Kansas to enjoin such person from further violations or from mailing, shipping
or otherwise delivering contact lenses in Kansas.
(d)
The board of examiners in optometry shall
administer and enforce the provisions of the patient's contact lens prescription
release act for persons licensed by the board of examiners in optometry, and the
state board of healing arts shall administer and enforce the provisions of the
patient's contact lens prescription release act for persons subject to the
provisions of K.S.A. 65-4967, and amendments thereto, registered under K.S.A.
65-4967, and amendments thereto, or licensed by the state board of healing arts,
and each such board is hereby granted such specific powers as are necessary for
the purpose of administering and enforcing such law, including adopting rules
and regulations, which rules and regulations shall not be inconsistent with the
provisions of the law being enforced.
History: L. 2002, ch. 113, §
5; Jan. 1, 2003.
65-4969. Contact lens advisory
council established; membership on council; expenses of members. (a) There
is hereby established a contact lens advisory council to advise the state board
of healing arts in carrying out the provisions of the patient's contact lens
prescription release act. The council shall consist of three members, all
residents of the state of Kansas appointed by the state board of healing arts as
follows: One member shall be a person licensed to practice medicine and surgery
who specializes in ophthalmology, one member shall be a licensed optometrist and
one member shall be a person dispensing contact lenses as defined in the
patient's contact lens prescription release act.
(b) If a vacancy occurs on the
council, the state board of healing arts shall appoint a person of like
qualifications to fill the vacant position for the unexpired term, if any. The
members appointed shall serve at the pleasure of the state board of healing
arts.
(c)
Members of the council attending meetings of the
council, or attending a subcommittee meeting thereof authorized by the council,
shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and
amendments thereto from the healing arts fee fund.
History: L. 2002, ch. 113, §
6; Jan. 1, 2003.