SECTIONS 2546-2546.10 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 2546-2546.10

2546. This act may be cited as the "Nonresident Contact Lens Seller
Registration Act."

2546.1. (a) On and after January 1, 1997, no person located outside
California shall ship, mail, or deliver in any manner, contact
lenses at retail to a patient at a California address unless
registered with the Division of Licensing of the Medical Board of
California.
(b) With regard to any person subject to registration pursuant to
this section, only replacement contact lenses provided pursuant to a
valid prescription as described in Section 2546.6 may be shipped,
mailed, or delivered directly to a patient.

2546.2. All references in this chapter to the division shall mean
the Medical Board of California.

2546.3. The division may adopt, amend, or repeal any rules and
regulations that are reasonably necessary to carry out this chapter.

2546.4. Application for registration as a nonresident contact lens
seller shall be made on forms prescribed by the division, accompanied
by the fee prescribed by this chapter, and shall bear the signature
of the individual, or individuals if a copartnership, or the
president or secretary if a corporation, and shall contain the name
under which the person proposes to do business, location of the
business, and the designation of an agent for service of process in
California. The board shall be notified within 30 days of any change
of name, location of business, corporate officer, or agent of
service.

2546.5. In order to obtain and maintain registration, a nonresident
contact lens seller shall:
(a) Be in good standing and either registered or otherwise
authorized in the state in which the selling facility is located and
from which the contact lenses are sold.
(b) Comply with all directions and requests for information made
by the board as authorized under this chapter.
(c) Maintain records of contact lenses shipped, mailed, or
delivered to patients in California for a period of at least three
years.
(d) Provide a toll-free telephone service for responding to
patient questions and complaints during the applicant's regular hours
of operation, but in no event less than six days per week and 40
hours per week. The toll-free number shall be included in literature
provided with each mailed contact lens prescription. All questions
relating to eye care for the lens prescribed shall be referred back
to the contact lens prescriber.
(e) Provide the following or a substantially equivalent written
notification to the patient whenever contact lenses are supplied:
WARNING: IF YOU ARE HAVING ANY UNEXPLAINED EYE DISCOMFORT, WATERING,
VISION CHANGE, OR REDNESS, REMOVE YOUR LENSES IMMEDIATELY AND CONSULT
YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR LENSES AGAIN.

(f) Disclose in any price advertisement any required membership
fees, enrollment fees, and indicate that shipping costs may apply
unless the advertisement specifically and clearly states otherwise.
(g) Provide a toll-free telephone number, facsimile line, and
electronic mail address that are dedicated to prescribers and their
authorized agents for the purposes of confirmation of contact lens
prescriptions. These numbers, along with an electronic mail address,
shall be included in any communication with the prescriber when
requesting confirmation of a contact lens prescription.
(h) It shall be considered a deceptive marketing practice for any
nonresident contact lens seller to publish or cause to be published
any advertisement or sales presentation relating to contact lenses
representing that contact lenses may be obtained without confirmation
of a valid prescription.

2546.6. (a) Contact lenses may be sold only upon receipt of a
written prescription or a copy of a written prescription and may be
sold in quantities consistent with the prescription's established
expiration date and the standard packaging of the manufacturer or
vendor. If the written prescription or a copy of it is not available
to the seller, the seller shall confirm the prescription by direct
communication with the prescriber or his or her authorized agent
prior to selling, shipping, mailing, or delivering any lens, and
maintain a record of the communication. A prescription shall be
deemed confirmed upon the occurrence of one of the following:
(1) The prescriber or the prescriber's agent confirms the
prescription by communication with the seller.
(2) The prescriber fails to communicate with the seller by 2 p.m.
of the next business day after the seller requests confirmation, or
the prescriber fails to communicate with the seller by the next
business day on or before the same time of day that the seller
requested confirmation, whichever is sooner. For purposes of this
paragraph, "business day" means each day except a Sunday or a federal
holiday.
(b) If a prescriber communicates with a seller before the time
period described in paragraph (2) of subdivision (a) elapses and
informs the seller that the contact lens prescription is invalid, the
seller shall not fill the prescription. The prescriber shall specify
in the communication with the seller the basis for invalidating the
prescription.
(c) A seller shall not alter any of the specifications of a
contact lens prescription other than the color or substitute a
different manufacturer, brand, or other physical property of the
lens. Notwithstanding the provisions of this subdivision, if the
contact lens is manufactured by a company, but sold under multiple
private labels by that same company to individual providers, the
seller may fill the prescription with a contact lens manufactured by
that company if the contact lens prescription and the related
parameters are not substituted, changed, or altered for a different
manufacturer or brand.

2546.7. (a) A certificate may be denied, suspended, revoked, or
otherwise subjected to discipline for any of the following:
(1) Incompetence, gross negligence, or repeated similar negligent
acts performed by the registrant or any employee of the registrant.
(2) An act of dishonesty or fraud.
(3) Committing any act or being convicted of a crime constituting
grounds for denial of licensure or registration under Section 480.
(4) Any violation of Section 2546.5 or 2546.6.
(b) The proceedings shall be conducted in accordance with Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2
of the Government Code, and the division shall have all powers
granted therein.

2546.8. Every registration issued to a nonresident contact lens
seller shall expire 24 months after the initial date of issuance. To
renew an unexpired registration, the registrant shall, before the
time at which the license would otherwise expire, apply for renewal
on a form prescribed by the division, and pay the renewal fee
prescribed by this chapter.

2546.9. The amount of fees prescribed in connection with the
registration of nonresident contact lens sellers is that established
by the following schedule:
(a) The initial registration fee shall be one hundred dollars
($100).
(b) The renewal fee shall be one hundred dollars ($100).
(c) The delinquency fee shall be twenty-five dollars ($25).
(d) The fee for replacement of a lost, stolen, or destroyed
registration shall be twenty-five dollars ($25).
(e) The fees collected pursuant to this chapter shall be deposited
in the Dispensing Opticians Fund, and shall be available, upon
appropriation, to the Medical Board of California for the purposes of
this chapter.

2546.10. (a) Any person who violates any of the provisions of this
chapter shall be subject to a fine of not less than one thousand
dollars ($1,000) nor more than two thousand five hundred dollars
($2,500) per violation. The fines collected pursuant to this section
shall be available upon appropriation to the Medical Board of
California for the purposes of administration and enforcement.
(b) The Medical Board of California shall adopt regulations
implementing this section and shall consider the following factors,
including, but not limited to, applicable enforcement penalties,
prior conduct, gravity of the offense, and the manner in which
complaints will be processed.
(c) The proceedings under this section shall be conducted in
accordance with the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.