2012 -- H 7891 SUBSTITUTE A

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LC01887/SUB A/2

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- OPTICIANS

     Introduced By: Representatives Brien, Phillips, and Martin

     Date Introduced: March 06, 2012

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

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

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is hereby amended to read as follows:

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

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

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herein.

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      (2) "Department" means the department of health

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

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

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provisions of this chapter.

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

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

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

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

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

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

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

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

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

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spectacles, fitting, selling, replacing, or dispensing contact lenses. Persons licensed under this

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chapter are specifically prohibited from the sale of contact lenses used to treat systemic or ocular

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disease and rigid gas permeable contact lenses.

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

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by adding thereto the following section:

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

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

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prescription from a licensed optometrist or physician in accordance with the federal trade

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commission's "Contact Lens Rule" found in title 16 code of federal regulations, part 315 and any

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subsequent amendments thereto.

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     A contact lens prescription shall expire one year from the date the prescription was

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written unless based on the medical judgment of the prescriber the ocular health of a patient

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warrants a shorter expiration date on the prescription.

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     A contact lens prescription shall be considered invalid if the quantity of lenses to be

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dispensed would exceed the number of lenses required to fill the remaining duration of the

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prescription, unless prior authorization is provided from a licensed optometrist or physician.

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     SECTION 3. This act shall take effect upon passage.

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LC01887/SUB A/2

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- OPTICIANS

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     This act would enable opticians to sell and replace contact lenses if the optician has a

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valid, original and unexpired contact lens written prescription from a licensed optometrist or

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physician. The sale of contact lenses used to treat systemic or ocular disease and rigid gas

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permeable contact lenses are prohibited from sale by opticians.

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     This act would take effect upon passage.

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LC01887/SUB A/2

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