225 ILCS 83/ Mail Order Contact Lens Act.

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225 ILCS 83/1

(225 ILCS 83/1)

Sec. 1.

Short title.

This Act may be cited as the

Mail Order Contact Lens Act.

(Source: P.A. 91-421, eff. 1-1-00.)

225 ILCS 83/5

(225 ILCS 83/5)

Sec. 5.

Definitions.

As used in this Act:

"Contact lens prescription" means a written order bearing the original
signature of a duly licensed
optometrist or physician or an oral or electronic order issued directly by an
optometrist or physician
that authorizes the dispensing of contact lenses to a
patient.

"Department" means the Department of Professional Regulation.

"Mail-order ophthalmic provider" means an entity that dispenses contact
lenses through the United States Postal Service or other common carrier to
Illinois residents.

"Physician" means a person licensed to practice medicine in all its branches
under the Medical Practice Act of 1987.

(Source: P.A. 91-421, eff. 1-1-00.)

225 ILCS 83/10

(225 ILCS 83/10)

Sec. 10.

Dispensing contact lenses.

A mail-order ophthalmic provider may dispense contact lenses in
this State or to a patient in this State
only in accordance with a contact lens prescription.

(Source: P.A. 91-421, eff. 1-1-00.)

225 ILCS 83/15

(225 ILCS 83/15)

Sec. 15.

Rules.

The Department shall promulgate rules, as may be
necessary, for the
administration of this Act, including without limitation rules requiring
registration and certification of mail order ophthalmic providers under Section
20.  Notice of
proposed rulemaking shall be transmitted
to the Illinois Optometric
Licensing and Disciplinary Board, and the Medical Licensing Board
and the Department shall review the response from the Boards and any
recommendations they make.

(Source: P.A. 91-421, eff. 1-1-00.)

225 ILCS 83/20

(225 ILCS 83/20)

Sec. 20.

Nonresident mail-order ophthalmic
						
						provider
 registration.

(a) The Department shall require and provide for an annual registration for
all mail-order ophthalmic providers located outside of this State, including
those providing services via the Internet, that dispense
contact lenses to Illinois residents.  A mail-order ophthalmic provider's
registration shall be
granted by the Department upon the disclosure and certification by a mail-order
ophthalmic provider of all of the following:

(1) That it 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.

(2) 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 of this State.

(3) 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.

(4) 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.

(5) That it maintains its records of contact lenses

dispensed to residents of this State so that the records are readily retrievable.

(6) That it cooperates 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.

(7) That it conducts business in a manner that

conforms with Section 10 of this Act.

(8) That it provides a toll-free telephone service

for 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.

(9) 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 LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR LENSES AGAIN: UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR REDNESS.

(b) The Department shall provide a copy of this Act and its rules, and the
Illinois Optometric Practice Act of 1987 and its rules, with each application
for
registration.

(Source: P.A. 95-331, eff. 8-21-07.)

225 ILCS 83/25

(225 ILCS 83/25)

Sec. 25.

Fees.


The Department shall provide by rule for a schedule of fees for the
administration and enforcement of this Act.
The fees shall be nonrefundable.

All fees collected under this Act
shall be deposited into the General Professions Dedicated Fund
and, subject to appropriation, shall be used by
the Department for
the ordinary and contingent
expenses of the Department
in the administration of this Act.

(Source: P.A. 91-421, eff. 1-1-00.)

225 ILCS 83/30

(225 ILCS 83/30)

Sec. 30.

Violation; civil penalty.

(a) Any person who dispenses, offers to dispense, or attempts to dispense
contact lenses in violation of this Act or its rules
shall, in
addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $5,000 for each offense as determined by
the Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in
the Illinois Administrative Procedure Act.

(b) The Department may investigate all
violations of this Act.

(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order constitutes a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.

(Source: P.A. 91-421, eff. 1-1-00.)

225 ILCS 83/35

(225 ILCS 83/35)

Sec. 35.

Deposit of civil penalties; appropriations.

All of the civil
penalties  collected
under this Act shall be deposited in the General Professions Dedicated Fund.
All moneys in the Fund shall be used by the Department, as appropriated, for
the ordinary and contingent expenses of the Department.

(Source: P.A. 91-421, eff. 1-1-00.)