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S.B. 176
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CONTACT LENS CONSUMER PROTECTION
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ACT
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Curtis S. Bramble
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House Sponsor:
____________
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LONG TITLE
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General Description:
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This bill enacts the Contact Lens Consumer Protection Act within the Utah Optometry
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Practice Act in relation to prescribing, marketing, selling, and certifying contact lenses.
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Highlighted Provisions:
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This bill:
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. provides that a licensed optometrist or ophthalmologist authorized to prescribe
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contact lenses may not include a brand of contact lenses on a contact lens
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prescription unless the lens is certified as being available in a commercially
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reasonable and nondiscriminatory manner directly to and generally within all
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alternative channels of distribution;
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. provides for certification of contact lenses with the Utah attorney general;
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. requires the attorney general to maintain a listing of all brands of contact lenses that
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have been certified with the attorney general; and
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. provides penalties for violation of the certification provisions.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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58-16a-901, Utah Code Annotated 1953
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58-16a-902, Utah Code Annotated 1953
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58-16a-903, Utah Code Annotated 1953
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58-16a-904, Utah Code Annotated 1953
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58-16a-905, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
58-16a-901
is enacted to read:
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Part 9. Contact Lens Consumer Protection Act
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58-16a-901. Title.
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This part is known as the "Contact Lens Consumer Protection Act."
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Section 2.
Section
58-16a-902
is enacted to read:
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58-16a-902. Policy.
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It is the policy of the state that citizens who wear contact lenses pursuant to valid
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prescriptions should not be denied the opportunity to purchase their contact lenses from their
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vendor of choice.
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Section 3.
Section
58-16a-903
is enacted to read:
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58-16a-903. Definitions.
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As used in this part:
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(1) "Alternative channels of distribution" means a mail order company, Internet
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retailer, pharmacy, buying club, department store, or mass merchandise outlet, without regard
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to whether it is associated with an individual authorized to prescribe contact lenses under this
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chapter.
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(2) "Contact lenses" does not apply to:
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(a) rigid gas permeable lenses;
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(b) bitoric gas permeable lenses;
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(c) bifocal gas permeable lenses;
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(d) keratoconus lenses;
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(e) custom soft toric lenses that are manufactured for an individual patient and are not
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mass produced; and
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(f) custom designed lenses that are manufactured for an individual patient and are not
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mass produced.
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(3) "Manufacturer" means a manufacturer, its parents, subsidiaries, affiliates,
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successors, and assigns.
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Section 4.
Section
58-16a-904
is enacted to read:
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58-16a-904. Prescribing contact lenses -- Branding.
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Notwithstanding any other provision of law, an optometrist or ophthalmologist licensed
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under this title and authorized to prescribe contact lenses under this chapter may not include on
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a contact lens prescription a brand of contact lenses, unless the lens is certified pursuant to
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Section
58-16a-905
as being available in a commercially reasonable and nondiscriminatory
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manner directly to and generally within all alternative channels of distribution.
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Section 5.
Section
58-16a-905
is enacted to read:
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58-16a-905. Certification of availability of contact lenses.
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(1) A manufacturer of contact lenses that desires to have contact lenses it produces,
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markets, distributes, or sells prescribed by an individual authorized to do so under this chapter
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shall make a certification to the Utah attorney general.
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(2) The certification shall identify those brands of contact lenses produced, marketed,
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distributed, or sold by the manufacturer that are made available in a commercially reasonable
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and nondiscriminatory manner directly to and generally within all alternative channels of
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distribution.
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(3) A manufacturer of contact lenses shall:
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(a) immediately amend its certification required under Subsection (1) to include any
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brand not in its original certification that the manufacturer subsequently makes available in a
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commercially reasonable and nondiscriminatory manner directly to and generally within all
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alternative channels of distribution; and
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(b) immediately notify the Utah attorney general whenever a contact lens produced,
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marketed, distributed, or sold by the manufacturer in the state ceases to be made available in a
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commercially reasonable and nondiscriminatory manner directly to and generally within all
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alternative channels of distribution.
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(4) The Utah attorney general shall make publicly available and maintain on the
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attorney general's website and such other place as the attorney general determines appropriate a
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listing of all brands of contact lenses certified under this section.
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(5) (a) An individual who violates Section
58-16a-904
is subject to suspension or
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revocation of that individual's license by the board.
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(b) A manufacturer who knowingly makes a wrongful certification under Subsection
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(2) or fails to provide notification under Subsection (3)(b) is:
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(i) guilty of a class A misdemeanor; and
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(ii) subject to a civil penalty of $1,000 for each violation.
Legislative Review Note
as of 1-19-06 3:35 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.