An Act To Protect Patients Who Need Eye Care
Sec. 1. 32 MRSA §2411, sub-§§6 to 13 are enacted to read:
Sec. 2. 32 MRSA §2417, sub-§4, ¶A-1, as enacted by PL 1993, c. 600, Pt. A, §146, is amended to read:
(1) The prescription must contain all the information necessary to be properly dispensed;
(2) The prescription must specify whether it is for contact lenses or ophthalmic lenses; and
(3) All prescriptions must include the name of the patient, date of prescription, name and office location of prescriber and an expiration date. A prescription may not contain an expiration date of more than 2 years from the date of the eye examination by the provider unless the prescription contains a statement made by the provider of the reasons why a longer time frame is appropriate based on the medical needs of the patient;
(4) A person or entity may not dispense ophthalmic lenses or contact lenses to a patient without a valid prescription from a provider issued after an eye examination performed by the provider, except that a person or entity may dispense without a prescription ophthalmic lenses or contact lenses, solely for the correction of vision, that are of uniform focus power in each eye of between plano and +3.25 diopters; and
(5) A prescription for ophthalmic lenses or contact lenses may not be made based solely on the diagnosis of a refractive error of the human eye as generated by a kiosk.
Sec. 3. 32 MRSA §2421, sub-§3 is enacted to read:
(1) A person or governmental entity that believes a violation of this chapter in relation to a kiosk has occurred or has been attempted may make an allegation of that fact to the board in writing.
(2) If, upon reviewing an allegation under subparagraph (1), the board determines there is a reasonable basis to believe a violation of this chapter or attempted violation of this chapter has occurred in relation to a kiosk, its use or the issuance of a prescription arising out of kiosk use, the board shall investigate.
(3) The board may hold adjudicatory hearings and administer oaths and order testimony to be taken at a hearing or by deposition conducted pursuant to Title 5, sections 9051 to 10005.
(4) The board may proceed with an action if the board determines that a violation in relation to a kiosk, its use or the issuance of a prescription arising out of kiosk use has occurred.
(5) The board is not required to wait until human harm has occurred to initiate an investigation under this subsection.
(6) The board, upon finding, after notice and an opportunity for a hearing, that a person has violated or has attempted to violate any requirement related to a kiosk, its use or the issuance of a prescription arising out of kiosk use, may impose an administrative fine of not more than $10,000 for each violation or attempted violation and may issue an order requiring reimbursement of the reasonable costs to the board of investigation and hearing.
(7) The board shall advise the Attorney General of the failure of a person to pay an administrative fine or reimburse costs of investigation and hearing imposed under this paragraph. The Attorney General may bring an action in a court of competent jurisdiction for the failure to pay any amount imposed under this paragraph.
(8) The board may request that the Attorney General file a civil action seeking an injunction or other appropriate relief to enforce this subsection. The court may impose on a person for violations of this subsection that relate in any way to a kiosk, its use or the issuance of a prescription arising out of kiosk use a fine of not more than $20,000 for each violation or attempted violation. In addition, the Attorney General may bring an action to recover the reasonable costs of the investigation and hearing.
(9) The board may adopt rules to implement, administer and enforce this subsection. Rules adopted pursuant to this subparagraph are routine technical rules under Title 5, chapter 375, subchapter 2-A.
Sec. 4. 32 MRSA §3300-D is enacted to read:
§ 3300-D. Issuance of prescription for ophthalmic lenses
A physician licensed pursuant to section 3275 may not issue a prescription for ophthalmic lenses, as defined in section 2411, subsection 10, solely in reliance on a measurement of the eye by a kiosk, as defined in section 2411, subsection 9, without conducting an eye examination, as defined in section 2411, subsection 8.
summary
This bill regulates the use of kiosks as a means of performing eye examinations. It defines "kiosk" as automated equipment or an application designed to be used on a phone, computer or Internet-based device that can be used either in person or remotely to provide refractive data or information. The bill provides that a person or entity may not dispense ophthalmic lenses or contact lenses to a patient without a valid prescription from an optometrist or ophthalmologist after an eye examination except that a prescription is not required to dispense so-called over-the-counter reading glasses. It also provides that a prescription for ophthalmic lenses or contact lenses may not be made solely on the data generated by a kiosk and it provides administrative enforcement provisions related to kiosks.