Section 1215.10  Definitions

 

"Act" shall mean the Mail Order Contact Lens Act [225 ILCS 83].

 

"Department" means the Illinois Department of Professional Regulation.

 

"Mail order ophthalmic provider" means an entity located outside of Illinois who dispenses contact lenses to Illinois residents via the United States Postal Service, the Internet or other common carrier.

 

"Prescriber" means a physician licensed to practice medicine in all of its branches under the Medical Practice Act of 1987 [225 ILCS 60] or an optometrist licensed under the Illinois Optometric Practice Act of 1987 [225 ILCS 80].

 

Section 1215.20  Registration

 

a)         An entity required to register as a mail order ophthalmic provider shall submit an application to the Department, on forms supplied by the Department.  The application shall include the following:

 

1)         Certification and disclosure:

 

A)        That the entity 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, if required.

 

B)        Of the location, names, and titles of all principal corporate officers and the person who is responsible for overseeing the dispensing of contact lenses to residents in this State.

 

C)        That it complies with all lawful directions and appropriate requests for information from the appropriate agency of each state in which it is licensed or registered.

 

D)        That it will respond directly to all communications from the Department concerning emergency circumstances arising from the dispensing of contact lenses to residents of this State.

 

E)        That it maintains records of contact lenses dispensed to residents of this State so the records are readily retrievable.

 

F)         That it will cooperate with the Department in providing information to the appropriate agency of the state in which it is licensed or registered concerning matters related to the dispensing of contact lenses to residents of this State.

 

G)        That it conducts business in a manner that conforms with Section 10 of the Act and this Part.

 

H)        That it provides a toll-free telephone service responding to patient questions and complaints during its regular hours of operation.  The toll-free number shall be included in literature provided with mailed contact lenses. All questions relating to eye care for the lenses prescribed shall be referred back to the contact lens prescriber.

 

I)         That it provides the following or a substantially equivalent written notification to the patient whenever contact lenses are supplied:

            WARNING: IF YOU ARE HAVING ANY OF THE FOLLOWING SYMPTOMS REMOVE YOUR LENS IMMEDIATELY AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR LENSES AGAIN: UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR REDNESS.

 

2)         The required fee set forth in Section 1215.30.

 

b)         When the address or name of a facility is changed, the registrant shall be required to notify the Department, obtain a corrected registration and pay the required fee set forth in Section 1215.30.

 

Section 1215.30  Fees

 

a)         Application Fees

 

            The fee for application for original registration as a non-resident mail order ophthalmic provider shall be $1000.

 

b)         Renewal Fees

 

            The fee for renewal of a registration of a non-resident mail order ophthalmic provider shall be $1000 per year.

 

c)         General Fees

 

1)         The fee for issuance of a duplicate registration certification or for the re-issuance of a replacement registration certificate, which has been lost or destroyed, is $50.

 

2)         The fee for issuance of a registration certificate with a change of address other than during the renewal period is $50.

 

3)         The fee for  the certification of registration for any purpose is $50.

 

4)         The fee for a roster of persons registered under the Act is the actual cost of producing the roster.

 

Section 1215.40  Renewals

 

a)         The first renewal period for registration issued under the Act shall end March 31, 2002 and subsequent renewal periods shall end every March 31 thereafter. The holder of a registration may renew that registration 60 days prior to the expiration date by filing an application with the Department and paying the required fee set forth in Section 1215.30.

 

b)         It is the responsibility of each registrant to notify the Department of any change of mailing address.  Failure to receive a renewal form from the Department shall not constitute an excuse for failure to pay the renewal fee or to renew one's registration.

 

Section 1215.50  Records

 

Records of prescriptions filled must be maintained for 3 years, including original copies of the prescription or records of the electronic transmissions.

 

Section 1215.60  Violations

 

The Department may refuse to issue, renew, or restore a registration, or may revoke, suspend, place on probation, reprimand, impose a fine not to exceed $5,000 for each violation, or take other disciplinary action as the Department may deem proper with regard to a registrant for any one or combination of the following reasons:

 

a)         Dispense contact lenses into Illinois without a prescription as required by the Act.

 

b)         Dispense contact lenses into Illinois beyond the stated expiration date of the prescription.

 

c)         Fill a prescription in excess of the quantities or frequency stated.

 

d)         Fill a prescription other than exactly as written without the express approval of the prescriber.

 

e)         Fill a prescription without the full name, address and phone number of the prescribing doctor on the original copy of the prescription or in the record if electronically transmitted and also displayed on the prescription package along with the required warning notice.

 

f)         Advertise to the citizens of Illinois the availability of goods or services that if provided would violate the Act, the Illinois Optometric Practice Act of 1987 or the Illinois Medical Practice Act of 1987.

 

Section 1215.70  Granting Variances

 

a)         The Director of the Department may grant variances from this Part in individual cases when he/she finds that:

 

1)         The provision from which the variance is granted is not statutorily mandated;

 

2)         No party will be injured by the granting of the variance; and

 

3)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

b)         The Director shall notify the Illinois Optometric Licensing and Disciplinary Board and the Medical Licensing Board of the granting of the variance, and the reasons for the variance, at the next meeting of the boards.