Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 367.680-367.690
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
15.180 authorizes the Attorney General to
promulgate administrative regulations which will facilitate performing the
duties and exercising the authority vested in the Attorney General and the
Department of Law by law.
KRS
367.150(4) requires the
Department of Law to study the operation of all laws, rules, administrative
regulations, orders, and state policies affecting consumers and to promulgate
administrative regulations in the consumers' interest.
KRS
367.689 authorizes the Attorney General to
promulgate administrative regulations to carry out the provisions of
KRS
367.680 to
367.690,
pertaining to the sale of contact lenses.
KRS
367.688 requires the Attorney General to
charge a fee for investigation and registration of nonresident dispensers of
contact lenses. This administrative regulation establishes requirements for a
mail order contact lens seller annual registration form required by
KRS
367.687.
Section
1. Definitions.
(1) "Applicant"
means a person located outside Kentucky desiring to ship, mail, deliver, or
sell contact lenses to a patient at a Kentucky address.
(2) "Date of authorization" means the date on
which a contact lens prescription is completed, as referenced in
KRS
367.685.
(3) "Dispensing facility" means the building
or structure from which contact lens orders are shipped.
(4) "Response-time options" means requests
for contact lens prescription verification in which the requestor expressly or
implicitly states that the failure of the prescribing optometrist, osteopath,
or physician to respond to the request within the time frame or in the manner
stated in the request constitutes a verification of the prescription.
Section 2. Contact Lens Seller
Annual Registration Form. The Contact Lens Seller Annual Registration Form,
CLS-1, shall contain the following information:
(1) In accordance with
KRS
367.687(1), a certification
by the applicant that the applicant is licensed or registered to distribute
contact lenses in the state in which the dispensing facility is located and
from which the contact lenses are dispensed, including the date of licensure,
the expiration date, if any, and the name and address of the licensing or
registering agency.
(2) The
business names, titles, and addresses required by
KRS
367.687(2).
(3) A certification by the applicant
containing the information required by
KRS
367.687(3).
(4) If any owner, partner, corporate officer,
or person responsible for overseeing the dispensing of contact lenses has been
the subject of civil or criminal action by an agency in any state which
regulates the sale or dispensing of contact lenses, this information shall be
disclosed on the application.
(5) A
certification by the applicant that they shall respond to all requests for
information from the Attorney General in accordance with
KRS
367.687(4).
(6) A certification by the applicant that
they shall maintain records of contact lenses dispensed to residents of the
Commonwealth of Kentucky in accordance with
KRS
367.687(5).
(7) The toll-free telephone number and
certification required by
KRS
367.687(6).
(8) The toll-free telephone number required
by
KRS
367.687(7).
(9) A certification by the applicant that the
notification required by
KRS
367.687(8) will be sent to
the patient whenever contact lenses are supplied.
(10) The certification required by
KRS
367.687(9).
(11) An annual registration fee of $300
enclosed with each registration in the form of a check made payable to
"Kentucky State Treasury".
(12) The
signature of the applicant or a person authorized to sign on behalf of the
applicant. The signature shall constitute a certification that the statements
contained in the application are true and correct.
Section 3. The Attorney General may charge a
fee for investigation of nonresident dispensers of contact lenses based on
reasonable expenses incurred during the investigation process, in accordance
with
KRS
367.688.
Section 4. Response-time Options.
(1) Response-time options are prohibited and
shall not constitute verification of a contact lens prescription, in accordance
with
KRS
367.683(2)(f).
(2) A mail order contact lens seller shall
verify a contact lens prescription through one of the methods provided in
KRS
367.683(1).
Section 5. Providing and Verifying
Prescriptions.
(1) In compliance with
KRS
367.685, upon completion of a contact lens
fitting a patient shall be entitled to receive a complete copy of the contact
lens prescription until its expiration date.
(2) In compliance with
KRS
367.683, a patient's prescribing optometrist,
osteopath or physician shall, through electronic or oral affirmative
communication, verify a contact lens prescription submitted by a contact lens
seller designated to act on behalf of that patient.
Section 6. Incorporation by Reference.
(1) The "Contact Lens Seller Annual
Registration Form", CLS-1, 2003, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Office of the Attorney
General, Consumer Protection Division, 1024 Capital Drive, Frankfort, Kentucky
40602, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
15.180,
367.150(4),
367.688,
367.689
