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A160, R180, H3250
Sponsors: Reps. White, Weeks, Hamilton, Leach, Walker, Davenport, Mahaffey, Young and Allen
Document Path: l:\council\bills\bbm\10525mm05.doc
Companion/Similar bill(s): 267
Introduced in the House on January 11, 2005
Introduced in the Senate on February 17, 2005
Last Amended on May 31, 2005
Passed by the General Assembly on June 1, 2005
Governor's Action: June 7, 2005, Vetoed
Legislative veto action(s): Veto overridden
Summary: Ophthalmic lenses
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/11/2005 House Introduced and read first time HJ-144 1/11/2005 House Referred to Committee on Medical, Military, Public and Municipal Affairs HJ-144 1/12/2005 House Member(s) request name added as sponsor: Hamilton, Leach 1/18/2005 House Member(s) request name added as sponsor: Walker 1/19/2005 House Member(s) request name added as sponsor: Davenport 2/9/2005 House Member(s) request name added as sponsor: Mahaffey 2/10/2005 House Committee report: Favorable with amendment Medical, Military, Public and Municipal Affairs HJ-4 2/11/2005 Scrivener's error corrected 2/15/2005 House Member(s) request name added as sponsor: Young, Allen 2/15/2005 House Amended HJ-23 2/15/2005 House Read second time HJ-25 2/16/2005 House Read third time and sent to Senate HJ-20 2/17/2005 Senate Introduced and read first time SJ-9 2/17/2005 Senate Referred to Committee on Medical Affairs SJ-9 5/26/2005 Senate Committee report: Favorable with amendment Medical Affairs SJ-283 5/31/2005 Senate Amended SJ-36 5/31/2005 Senate Read second time SJ-36 5/31/2005 Scrivener's error corrected 6/1/2005 Senate Read third time and returned to House with amendments SJ-24 6/1/2005 House Concurred in Senate amendment and enrolled HJ-50 6/2/2005 Ratified R 180 6/7/2005 Vetoed by Governor 6/14/2005 House Veto overridden by originating body Yeas-90 Nays-16 6/14/2005 Senate Veto overridden Yeas-40 Nays-3 6/20/2005 Copies available 6/20/2005 Effective date 06/14/05 6/21/2005 Act No. 160
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A160, R180, H3250)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 37 SO AS TO PROVIDE FOR LIMITATIONS ON THE DISPENSING OF AN OPHTHALMIC CONTACT LENS OR LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER, TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION, TO PROVIDE FOR A TWELVE-MONTH LIMIT ON A PRESCRIPTION FOR CONTACT LENS WITHOUT POWER, AND TO PROVIDE FOR A CIVIL PENALTY FOR A VIOLATION AND ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS.
Be it enacted by the General Assembly of the State of South Carolina:
Dispensing of ophthalmic contact lenses
SECTION 1. Title 37 of the 1976 Code is amended by adding:
Section 37-25-10. As used in this section:
(1) 'Contact lens prescription' means a written order bearing the original signature of a licensed optometrist or ophthalmologist or an oral order issued directly to a dispenser by a licensed optometrist or ophthalmologist which authorizes dispensing ophthalmic contact lenses to a patient, including contact lenses with or without power sold for any purpose.
(2) 'Person' means an individual, corporation, trust, partnership, incorporated or unincorporated association, and other legal entity.
(3) 'Department' means the South Carolina Department of Consumer Affairs.
Section 37-25-20. It is unlawful for a person to dispense an ophthalmic contact lens or lenses without first having obtained a valid, unexpired contact lens prescription from a licensed optometrist or ophthalmologist.
Section 37-25-30. A contact lens prescription must include:
(1) ophthalmic information necessary to fabricate or dispense the lenses accurately, including the lens manufacturer, lens series, and the lens material, if applicable;
(2) the diameter, axis, add power, cylinder, peripheral curve, optical zone, and center thickness, where applicable;
(3) power and base curve;
(4) name, license number, telephone number and, for written orders, the signature of the prescribing optometrist or ophthalmologist;
(5) patient's name and address, expiration date of the prescription, and number of refills or lenses permitted; and
(6) the date of issuance.
Section 37-25-40. A prescription for a contact lens without power sold for any reason is valid for twelve months from the later of the date: (i) the prescription is authorized; or (ii) the last date of the contact lens evaluation by an optometrist licensed in accordance with Chapter 37 of Title 40 or ophthalmologist licensed in accordance with Chapter 47 of Title 40. A contact lens prescription may not be issued to expire beyond this twelve-month period and may be only issued to expire before the end of this twelve-month period if the expiration is ordered due to a health related reason noted in the patient's medical chart.
Section 37-25-50. A contact lens fitting is complete and a contact lens prescription may be written when customary professional standards have been followed including, at least:
(1) the licensed optometrist or ophthalmologist has completed all measurements, tests, and examinations necessary to satisfy his or her professional judgment that the patient is a viable candidate to wear contact lenses, which determination may require more than one visit between the patient and the optometrist or ophthalmologist; and
(2) contact lenses suitable for the patient's eyes have been evaluated and fitted by the licensed optometrist or ophthalmologist to the patient's eyes, and the optometrist or ophthalmologist is satisfied with the fitting based on the visual needs of the patient. An optometrist or an ophthalmologist may employ ophthalmic assistants or ancillary personnel to satisfy the customary professional standards in this section if those persons are under the direct supervision of the prescribing optometrist or ophthalmologist and the prescribing optometrist or ophthalmologist has direct on-site contact with the patient.
Section 37-25-60. A contact lens prescription, written and signed by an optometrist licensed in accordance with Chapter 37 of Title 40 or an ophthalmologist in accordance with Chapter 47 of Title 40 must be released without additional charge, upon request of the patient, after the fitting is complete and upon payment in full for the examination and fitting.
Section 37-25-70. (A) A person who offers to dispense or dispenses contact lenses in violation of this chapter, in addition to another penalty provided by law, is subject to a civil penalty imposed by the Department of Consumer Affairs in an amount not to exceed five thousand dollars for each violation.
(B) The department must give a person alleged to be in violation of a provision of this section notice and an opportunity for a hearing in accordance with the provisions of the Administrative Procedures Act.
Section 37-25-80. A licensed optometrist or ophthalmologist who has prescribed contact lenses or who releases a contact lens prescription pursuant to this chapter is not liable for damages due to injury resulting from violation of this chapter unless the person offering to dispense or dispensing the contact lenses and the person that prescribed the contact lenses are the same person."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 2nd day of June, 2005.
Vetoed by the Governor -- 6/7/05.
Veto overridden by House -- 6/14/05.
Veto overridden by Senate -- 6/14/05.
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