Georgia Senate - 1995/1996 Sessions

SB 125 - Contact Lens Sale - stricter guidelines

Page Numbers - 1/ 2/ 3

Code Sections - 31-12-12

1. Edge  28th


Senate Comm: H&HS       /         House Comm: H&E        /                      
Senate Vote: Yeas 51    Nays 0                                                  
           ---------------------------------------------                        
              Senate          Action          House                             
           ---------------------------------------------                        
             1/23/95   Read 1st time          2/9/95                            
             2/2/95    Favorably Reported     3/1/95                            
             2/3/95    Read 2nd Time          2/10/95                           
             2/8/95    Read 3rd Time          3/8/95                            
             2/8/95    Passed/Adopted         3/8/95                            
             3/24/95   Sent To Governor                                         
             4/7/95    Signed by Governor                                       
             258       Act/Veto Number                                          
             7/1/95    Effective Date                                           
           ---------------------------------------------                        
                                                                                
Code Sections amended: 31-12-12                                                 


SB 12595                                        LC 24 0029ER

      SENATE BILL 125

      By:  Senator Edge of the 28th


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 12 of Title 31 of the Official Code of
  1- 2  Georgia Annotated, relating to the control and management of
  1- 3  hazardous conditions, preventable diseases, and metabolic
  1- 4  disorders, so as to provide stricter guidelines governing
  1- 5  the sale of contact lenses; to provide for related matters;
  1- 6  to repeal conflicting laws; and for other purposes.

  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 8  Chapter 12 of Title 31 of the Official Code of Georgia
  1- 9  Annotated, relating to the control and management of
  1-10  hazardous conditions, preventable diseases, and metabolic
  1-11  disorders, is amended by striking Code Section 31-12-12,
  1-12  relating to the regulation of the sale and dispensing of
  1-13  contact lenses, and inserting in lieu thereof a new Code
  1-14  Section 31-12-12 to read as follows:

  1-15    "31-12-12. (Index)

  1-16    (a) No person shall sell, dispense, or serve as a conduit
  1-17    for the sale or dispensing of the first set of contact
  1-18    lenses issued pursuant to a prescription to the ultimate
  1-19    user of such contact lenses in this state, except persons
  1-20    licensed and regulated by Chapter 29, 30, or 34 of Title
  1-21    43.  Such lenses are deemed sold or dispensed within the
  1-22    state at the time the person for whom prescribed takes
  1-23    delivery.

  1-24    (b) All replacement contact lenses used in the
  1-25    determination of a contact lens prescription are
  1-26    considered to be diagnostic lenses. After the diagnostic
  1-27    period and the contact lenses have been adequately fitted
  1-28    and the patient released from immediate follow-up care by
  1-29    persons licensed and regulated by Chapter 29, 30, or 34 of
  1-30    Title 43, the prescribing optometrist or ophthalmologist
  1-31    shall, upon the request of the patient, at no cost,
  1-32    provide a prescription in writing for replacement contact
  1-33    lenses. A person shall not dispense or adapt contact

                             S. B. 125
                                 -1- (Index)

                                                LC 24 0029ER

  2- 1    lenses without first receiving authorization to do so by a
  2- 2    written prescription, except when authorized orally to do
  2- 3    so by a person licensed and regulated by Chapter 30 or 34
  2- 4    of Title 43.

  2- 5    (c) Patients who comply with such fitting and follow-up
  2- 6    requirements as may be established by the prescribing
  2- 7    optometrist or ophthalmologist may obtain replacement
  2- 8    contact lenses until the expiration date listed on the
  2- 9    prescription.

  2-10    (d) A prescriber may refuse to give the patient a copy of
  2-11    the patient's prescription until the patient has paid for
  2-12    all services rendered in connection with the prescription.

  2-13    (c)(e) Except for replacement contact lenses sold or
  2-14    dispensed by persons licensed and regulated by and
  2-15    operating pursuant to Chapter 29, 30, or 34 of Title 43,
  2-16    no replacement contact lenses may be sold or dispensed
  2-17    except pursuant to a prescription which:

  2-18      (1) Conforms to state and federal regulations governing
  2-19      such forms and includes the name, address, and state
  2-20      licensure number of a prescribing practitioner;

  2-21      (2) Explicitly states an expiration date of not more
  2-22      than one year 12 months from the date of the last
  2-23      prescribing contact lens examination, unless a medical
  2-24      or refractive problem affecting vision requires an
  2-25      earlier expiration date;

  2-26      (3) Explicitly states the number of refills;

  2-27      (3)(4) Explicitly states that it is for contact lenses
  2-28      and indicates the lens brand name and type, including
  2-29      all specifications necessary for the ordering or
  2-30      fabrication of lenses; and

  2-31      (4)(5) Is kept on file by the person selling or
  2-32      dispensing the replacement contact lenses for at least
  2-33      24 months after the prescription is filled.

  2-34    (d)(f) Except for persons licensed and regulated by
  2-35    Chapter 29, 30, or 34 of Title 43, any person, firm, or
  2-36    corporation that dispenses or sells contact lenses on the
  2-37    prescription of a practitioner licensed in this state
  2-38    shall, at the time of delivery of the lenses, inform the
  2-39    recipient in writing that he or she should return to a
  2-40    prescriber to ascertain the accuracy and suitability of
  2-41    the prescribed lenses.  The prescriber shall not be


                             S. B. 125
                                 -2- (Index)

                                                LC 24 0029ER

  3- 1    responsible for any damages or injury resulting from
  3- 2    negligence in packaging or manufacturing of the prescribed
  3- 3    lenses.

  3- 4    (e)(g) Anyone who fills a prescription bears the full
  3- 5    responsibility of the accuracy of the contact lenses
  3- 6    provided under the prescription.  At no time, without the
  3- 7    direction of a prescriber, shall any changes or
  3- 8    substitutions be made in the brand or type of lenses the
  3- 9    prescription calls for with the exceptions of tint change
  3-10    if requested by the patient.  However, if a prescription
  3-11    specifies 'only' a specific color or tinted lens, those
  3-12    instructions shall be observed.

  3-13    (f)(h) No person, other than persons licensed and
  3-14    regulated by Chapter 29, 30, or 34 of Title 43, shall
  3-15    sell, dispense, or serve as a conduit for the sale or
  3-16    dispensing of contact lenses to the ultimate user of such
  3-17    contact lenses in this state through the mail or any other
  3-18    means other than direct, in-person delivery to such
  3-19    ultimate user by such person after having personally
  3-20    ascertained by reliable means the identity of the
  3-21    deliveree.

  3-22    (g)(i) Any person who violates the provisions of
  3-23    subsection (a) or (c) (e) of this Code section shall be
  3-24    guilty of a misdemeanor of a high and aggravated nature.

  3-25    (h)(j) Proceedings to enforce the provisions of this Code
  3-26    section may be brought by any board created under Chapter
  3-27    29, 30, or 34 of Title 43 or by any other interested
  3-28    person through criminal prosecution, injunction, or other
  3-29    appropriate remedy."

                         SECTION 2.

  3-30  All laws and parts of laws in conflict with this Act are
  3-31  repealed.












                             S. B. 125
                                 -3- (Index)