65-4967. Definition of person dispensing contact lenses for purposes of section; persons mailing contact lenses to patients in Kansas; registration requirements; fees; temporary suspension or limitati
65-4967
65-4967. Definition of person dispensing contactlenses for purposes of section; persons mailing contact lenses to patients inKansas; registration requirements; fees; temporary suspension or limitation ofregistration; emergency proceedings;moneys remitted to state board of healing arts.(a) For purposes of this section aperson dispensing contact lenses means a person or entity not licensed underK.S.A. 65-1505, and amendments thereto, or licensed to practice medicine andsurgery in Kansas who mails contact lenses to patients in Kansaspursuant to acontact lens prescription which such person or entity did not determine.
(b) No person dispensing contact lenses as defined under subsection (a) maydispense contact lenses through the mail to Kansas residentsunless such person meets the criteria of this section, is registered under thissection and pays the annual registration fee set by the state boardof healing arts. Registration fees shall not exceed the annual feefor an initial or renewal permit to practice optometry in this state asprovided in K.S.A. 65-1505 and amendments thereto.
(c) Approval of the registration for dispensing contact lenses shall beprovided by the state board of healing arts upon certification by the persondispensing the contact lenses that such person:
(1) Is licensed or registered to dispense contact lenses in the state wherethe dispensing facility is located, if required to be licensed or registered insuch state;
(2) provides the location, names and titles of all principal corporateofficers and of the individual who is responsible for overseeing the dispensingof contact lenses in Kansas;
(3) complies with directions and appropriate requests for information fromthe regulating agency of each state where such person is licensed orregistered;
(4) will respond directly and within areasonable period of time, not to exceed 15 days, to all communications fromthe state board of healing arts concerning the dispensing of contact lenses inKansas;
(5) maintains records of contact lenses and their corresponding valid,unexpired prescription dispensed in Kansas;
(6) agrees to cooperate with the state board of healing arts in providinginformation to theregulatory agency of any state where it is licensed or registered concerningmatters related to the dispensing of contact lenses in Kansas;
(7) provides a toll-free telephone service for responding to questions andcomplaints from individuals in Kansas during such person's regular hours ofoperation and agrees to (a) include the toll-free number in literature providedwith mailed contact lenses and (b) refer all questions relating to eye care forthe lenses prescribed to the licenseewho determined the contact lens prescription;
(8) provides the following, or substantially equivalent, written notificationto the patient whenever contact lenses are supplied:
WARNING: IF YOU ARE HAVING ANY OF THE FOLLOWING SYMPTOMS, REMOVE YOURLENSES IMMEDIATELY AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOURLENSES AGAIN: UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE ORREDNESS;
(9) fills contact lens prescriptions according to the strict directions ofa person licensed to practice optometry or person licensed to practice medicineand surgery in Kansas,without any deviation or substitution of lenses; and
(10) consents in writing to the personal and subject matter jurisdiction ofthe district courts of this state and the state board of healing arts foractionsarising outof this act.
(d) The state board of healing arts may temporarily suspend or temporarilylimit the registration of any person dispensing contact lenses through the mailto Kansas residents in accordance with the emergency adjudicative proceedingsunder the Kansas administrative procedure act if the board determines thatthere is cause to believe that any of the requirements of subsection (c) andthat the registrant's continued dispensing of contact lenses by mail to Kansasresidents would constitute an imminent danger to the public health andsafety.
(e) The state board of healing arts shall remit all moneysreceived underthis section to the state treasurer in accordance with the provisions of K.S.A.75-4215, and amendments thereto. Upon receipt of such remittance, the statetreasurer shall deposit the entire amount in the state treasury to the creditof the healing arts fee fund.
History: L. 2002, ch. 113, § 4;L. 2008, ch. 75, § 3; Apr. 17.