HF 2060

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health; establishing requirements relating 
  1.3             to contact lenses; providing penalties; proposing 
  1.4             coding for new law in Minnesota Statutes, chapter 148. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [148.579] [CONTACT LENSES.] 
  1.7      Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.8   "contact lens" means a lens which has been fabricated to fill 
  1.9   the requirements of a particular ophthalmic lens prescription. 
  1.10     Subd. 2.  [PRESCRIBING AND DISPENSING.] (a) A person shall 
  1.11  not dispense or adapt contact lenses without first receiving 
  1.12  authorization to do so by a written prescription from a person 
  1.13  licensed under sections 148.52 to 148.62 or chapter 147, except 
  1.14  when authorized orally under paragraph (b).  The prescription 
  1.15  must contain the information required by subdivision 3 and must 
  1.16  state, on its face, that it is intended for contact lenses. 
  1.17     (b) After contact lenses have been adequately adapted and 
  1.18  the patient released from initial follow-up care by a person 
  1.19  licensed under sections 148.52 to 148.62 or chapter 147, the 
  1.20  patient may request a copy, at no cost, of the contact lens 
  1.21  prescription from that licensed person.  At the option of the 
  1.22  prescriber, a prescription may be given orally only to a person 
  1.23  who is actively practicing and licensed under sections 148.52 to 
  1.24  148.62 or chapter 147. 
  1.25     (c) A person who fills a contact lens prescription shall 
  2.1   maintain a file of a valid prescription for a period of two 
  2.2   years. 
  2.3      Subd. 3.  [FURNISHING PRESCRIPTIONS.] A contact lens 
  2.4   prescription shall contain the following information: 
  2.5      (1) date of issuance; 
  2.6      (2) name and address of patient for whom the contact lens 
  2.7   is prescribed; 
  2.8      (3) name, address, and signature of the practitioner; 
  2.9      (4) all parameters required to properly duplicate the 
  2.10  original contact lens; 
  2.11     (5) a specific date of expiration, after which it shall be 
  2.12  unlawful to fill the prescription; and 
  2.13     (6) the quantity of lenses allowed and the number of 
  2.14  refills allowed. 
  2.15     The prescription may contain fitting guidelines and 
  2.16  specific instructions for use by the patient. 
  2.17     Subd. 4.  [LIABILITY LIMITATION.] The prescriber shall not 
  2.18  be liable for any injury or condition to a patient that results 
  2.19  from negligence in packaging, manufacturing, or dispensing 
  2.20  lenses by anyone other than the prescribing provider who must be 
  2.21  currently licensed and actively practicing under sections 148.52 
  2.22  to 148.62 or chapter 147. 
  2.23     Subd. 5.  [PENALTY.] A person who violates this section is 
  2.24  guilty of a misdemeanor.