2021 -- H 5612

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LC001805

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO HEALTH AND SAFETY -- THE CONSUMER PROTECTION IN EYE CARE

ACT

     Introduced By: Representative William W. O'Brien

     Date Introduced: February 18, 2021

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 95

THE CONSUMER PROTECTION IN EYE CARE ACT

     23-95-1. Short title.

     This act shall be known and may be cited as "the Consumer Protection in Eye Care Act."

     23-95-2. Definitions.

     (a) As used in this chapter:

     (1) "Assessment mechanism" means automated or virtual equipment, application, or

technology designed to be used on a telephone, a computer, or an Internet-accessible device that

may be used either in person or remotely to conduct an eye assessment, and includes artificial

intelligence devices and any equipment, electronic or nonelectronic, that is used to perform an eye

assessment.

     (2) "Contact lens" means any lens placed directly on the surface of the eye, regardless of

whether or not it is intended to correct a visual defect, including any cosmetic, therapeutic, or

corrective lens.

     (3) "Eye assessment" means an assessment of the ocular health and visual status of a patient

that may include, but is not limited to, objective refractive data or information generated by an

automated testing device, including an autorefractor, in order to establish a medical diagnosis for

the correction of vision disorders.

     (4) "Person" means an individual, corporation, trust, partnership, incorporated or

unincorporated association, and any other legal entity.

     (5) "Prescription" means a handwritten or electronic order issued by a provider that

includes:

     (i) In the case of contact lenses, all information required by the Fairness to Contact Lens

Consumers Act, 15, U.S.C. §§ 7601 et seq.;

     (ii) In the case of visual aid glasses, all information required by the Ophthalmic Practice

Rule, also known as the Eyeglass Rule, 16 C.F.R. Part 456; and

     (iii) Necessary and appropriate information for the dispensing of visual aid glasses or

contact lenses for a patient, including the provider's name, license number, physical address at

which the provider practices, and telephone number.

     (6) "Provider" means a health care professional licensed under chapters 35.1 or 37 of title

5 of the general laws.

     (7) "Visual aid glasses" means eyeglasses, spectacles, or lenses designed or used to correct

visual defects, including spectacles that may be adjusted by the wearer to achieve different types

or levels of visual correction or enhancement. Visual aid glasses do not include optical instrument

or devices that are:

     (i) Not intended to correct or enhance vision;

     (ii) Sold without consideration of the visual status of the individual who will use the optical

instrument or device, including nonprescription sunglasses, plano lenses that are clear, colored or

tinted, or lenses that are designed and used solely to filter out light; or

     (iii) Completely assembled eyeglasses or spectacles designed and used solely to magnify.

     23-95-3. Assessment Mechanisms.

     (a) An assessment mechanism to conduct an eye assessment or to generate a prescription

for contact lenses or visual aid glasses in Rhode Island shall:

     (1) Provide synchronous or asynchronous interaction between the patient and the provider;

     (2) Collect the patient's medical history, previous prescription for corrective eyewear, and

length of time since the patient's most recent in-person comprehensive eye health examination.

     (3) Disclose to patients and require acceptance in advance as a term of use that:

     (i) This assessment is not a replacement of an in-person comprehensive eye health

examination;

     (ii) This assessment cannot be used to generate an initial prescription for contact lenses or

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a follow-up or first renewal of the initial prescription.

     (iii) This assessment may only be used if the patient has had an in-person comprehensive

eye health examination within the previous twenty-four (24) months if the patient is conducting an

eye assessment or receiving a prescription for visual aid glasses; and

     (iv) The United States Centers for Disease Control and Prevention (CDC) advises contact

lens wearers to visit an eye doctor one time a year or more often if needed.

     23-95-4. Provider responsibilities.

     (a) To use an assessment mechanism to conduct an eye assessment or to generate a

prescription, a person shall be an actively licensed provider acting within their scope of practice,

and the provider shall:

     (1) Conform to the standard of eye health care expected of traditional in-person clinical

settings as appropriate to the patient's age and presenting condition, including when the standard of

care requires the use of diagnostic testing and performance of a physical examination, which may

be carried out through the use of peripheral devices appropriate to the patient's condition.

     (2) Not use the data or information obtained from an assessment mechanism as the sole

basis for issuing a prescription.

     (3) Read and interpret the diagnostic information and data, including any photographs and

scans, gathered by the assessment mechanism.

     (4) Verify the identity of the patient requesting treatment via the assessment mechanism.

     (5) Verify the patient is at least eighteen (18) years of age.

     (6) For issuing prescriptions for visual aid glasses, verify that the patient has received an

in-person comprehensive eye examination by a provider within the previous twenty-four (24)

months.

     (7) For issuing prescriptions for contact lenses, verify that the patient has received an in-

person comprehensive eye health examination by a provider:

     (i) For the initial prescription and one follow-up or first renewal of the initial prescription;

or

     (ii) Within twenty-four (24) months after the follow-up or first renewal of the initial

prescription, and every twenty-four (24) months thereafter.

     (8) Create and maintain a medical record for each patient, which is for use during the

ongoing treatment of a patient, and complies with all state and federal laws regarding maintenance

and accessibility.

     (9) Provide a handwritten or electronic signature, along with their Rhode Island state

license number, certifying their diagnosis, evaluation, treatment, prescription, or consultation

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recommendations of the patient.

     23-95-5. Penalties.

     (a) Any person who violates any provision of this chapter or the rules or regulations

promulgated by the department of health shall, in addition to any other penalty provided by law,

pay a civil penalty to the state in an amount not to exceed ten thousand dollars ($10,000) for each

violation, to be deposited into the general fund.

     (b) Any person charged in a complaint filed by the department of health or the office of the

attorney general with violating any of the provisions of this chapter shall be entitled to an

administrative hearing conducted in accordance with chapter 35 of title 42.

     (c) Any person aggrieved by a final order issued under the authority of this chapter shall

have the right of an appeal by filing a petition in the state superior court.

     (d) Nothing in this chapter shall restrict the department of health from enforcing

disciplinary action against a provider pursuant to chapters 35.1 and 37 of title 5, and any rules or

regulations promulgated by the department of health or the board of medical licensure and

discipline.

     23-95-6. Rules and Regulations.

     The department of health shall adopt and promulgate reasonable rules and regulations to

carry out the provisions of this chapter.

     23-95-7. Severability.

     If any provision of this chapter, or of any rule or regulation promulgated under this chapter,

or the application of this chapter to any person or circumstances is held invalid by a court of

competent jurisdiction, the remainder of the chapter, rule, or regulation, and the application of this

provision to other persons or circumstances, shall not be affected.

     SECTION 2. This act shall take effect upon passage.

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LC001805

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- THE CONSUMER PROTECTION IN EYE CARE

ACT

***

     This act would provide for consumer protection in eye care services by developing

standards and enforcement protocols related to the utilization of assessment mechanisms in the

provision of eye care services.

     This act would take effect upon passage.

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