South Carolina General Assembly
114th Session, 2001-2002

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Bill 5101

Indicates Matter Stricken
Indicates New Matter

                    Current Status

Bill Number:                      5101
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020411
Primary Sponsor:                  Talley
All Sponsors:                     Talley, Bingham, Littlejohn, Weeks
Drafted Document Number:          l:\council\bills\bbm\9035htc02.doc
Residing Body:                    House
Current Committee:                Medical, Military, Public and Municipal 
                                  Affairs Committee 27 H3M
Subject:                          Ophthalmic lenses, provisions regarding 
                                  dispensing of


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020430  Recommitted to Committee               27 H3M
House   20020425  Co-Sponsor added (Rule 5.2) by Rep.            Weeks
House   20020424  Committee report: Favorable with       27 H3M
                  amendment
House   20020411  Introduced, read first time,           27 H3M
                  referred to Committee


              Versions of This Bill
Revised on April 24, 2002 - Word format
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

April 24, 2002

    H. 5101

Introduced by Reps. Talley, Bingham and Littlejohn

S. Printed 4/24/02--H.

Read the first time April 11, 2002.

            

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

    To whom was referred a Bill (H. 5101) to amend the Code of Laws of South Carolina, 1976, by adding Section 40-37-235 so as to prohibit the dispensing of ophthalmic lenses without having first obtained a valid, unexpired prescription, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

    /SECTION    1.    Chapter 37, Title 40 of the 1976 Code is amended by adding:

    "Section 40-37-235.    (A)    It is unlawful for a person to dispense an ophthalmic lens or lenses requiring an ophthalmic examination or fitting, or both, without first having obtained a valid, unexpired prescription or order for the lenses from an optometrist licensed pursuant to this chapter or a physician, surgeon, or osteopath licensed pursuant to Chapter 47. It is unlawful for a person other than an optometrist licensed pursuant to this chapter or a physician, surgeon, or osteopath licensed pursuant to Chapter 47 or an optician licensed pursuant to Chapter 38 or a pharmacist licensed pursuant to Chapter 43 to dispense ophthalmic lens or lenses. For purposes of this section, an ophthalmic lens includes a contact lens with or without power.

    (B)    Nothing in this section may be construed to restrict, inhibit, or limit the authority of an optician to provide ophthalmic lens duplications, replacements, reproductions, or repetitions without prescription as provided in Section 40-38-280.

    (C)    Nothing in this section may be construed to restrict, inhibit, or limit the authority of an out-of-state retail seller of replacement contact lenses to dispense an ophthalmic lens or lenses pursuant to a valid, unexpired prescription or order for the lenses obtained from an optometrist licensed pursuant to this chapter or a physician, surgeon, or osteopath licensed pursuant to Chapter 47.

    (D)(1)    A person who violates this section is guilty of a misdemeanor, and upon conviction:

            (a)    for a first offense, must be punished by a fine of not more than five hundred dollars;

            (b)    for a second offense, must be fined seven hundred fifty dollars; and

            (c)    for a third or subsequent offense, must be fined one thousand dollars or imprisoned for not more than thirty days, or both.

    (2)    Each dispensing of an ophthalmic lens constitutes a separate offense for purposes of this section. For purposes of the penalties provided in this section, a person may not be punished for a second or third or subsequent offense unless the date of the second, third, or subsequent offense is after the date of conviction of the prior offense. The provisions of this section are cumulative to, and not in lieu of, any other offense chargeable pursuant to a violation of this chapter."

    SECTION    2.    This act takes effect upon approval by the Governor./

    Renumber sections to conform.

    Amend totals and title to conform.

JOE E. BROWN for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Judicial Department

    The department indicates there will be no fiscal impact on the General Fund of the State or on federal and/or other funds. Violations of this bill are classified as misdemeanors and are tried in magistrates court which are funded by the counties and therefore, will have no fiscal impact on the department.

Department of Labor, Licensing and Regulations

    The department indicates this bill would not have any impact to the department, the General Fund of the State or federal and/or other funds. It would not affect program services.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-235 SO AS TO PROHIBIT THE DISPENSING OF OPHTHALMIC LENSES WITHOUT HAVING FIRST OBTAINED A VALID, UNEXPIRED PRESCRIPTION OR ORDER FOR THE LENSES FROM A LICENSED OPTOMETRIST OR LICENSED PHYSICIAN, SURGEON, OR OSTEOPATH AND PROVIDE A PENALTY FOR VIOLATION, AND TO INCLUDE WITHIN THE DEFINITION OF OPHTHALMIC LENS A CONTACT LENS WITH OR WITHOUT POWER.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 37, Title 40 of the 1976 Code is amended by adding:

    "Section 40-37-235.    (A)    It is unlawful for a person to dispense an ophthalmic lens or lenses requiring an ophthalmic examination or fitting, or both, without first having obtained a valid, unexpired prescription or order for the lenses from an optometrist licensed pursuant to this chapter or a physician, surgeon, or osteopath licensed pursuant to Chapter 47 of this title. For purposes of this section, an ophthalmic lens includes a contact lens with or without power.

    (B)    A person who violates this section is guilty of a misdemeanor, and upon conviction for a first offense, must be punished by a fine of not more than five hundred dollars, for conviction of a second offense, by a fine of seven hundred fifty dollars, and for conviction of a third or subsequent offense, by a fine of one thousand dollars or imprisonment for not more than thirty days, or both. Each dispensing of an ophthalmic lens constitutes a separate offense for purposes of this section. For purposes of the penalties provided in this section, a person may not be punished for a second or third or subsequent offense unless the date of the second or third or subsequent offense is after the date of conviction of the prior offense. The provisions of this section are cumulative to, and not in lieu of any other offense chargeable pursuant to a violation of this chapter."

SECTION    2.    This act takes effect upon approval by the Governor.

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