CHAPTER 37

SB 318 – FINAL VERSION

2010 SESSION

10-2775

10/01

SENATE BILL 318

AN ACT relative to the authority to dispense therapeutic contact lenses.

SPONSORS: Sen. Gilmour, Dist 12; Sen. Gallus, Dist 1

COMMITTEE: Health and Human Services

ANALYSIS

This bill allows optometrists to dispense therapeutic contact lenses for a fee.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2775

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the authority to dispense therapeutic contact lenses.

Be it Enacted by the Senate and House of Representatives in General Court convened:

37:1 Prescription Drugs; Exception Added. Amend RSA 318:42, II to read as follows:

II. Physicians, dentists, optometrists, podiatrists, veterinarians, advanced practice registered nurses, naturopathic doctors, and physician assistants from possessing, compounding, personally administering, or distributing prescription drugs to meet the immediate medical needs of their patients. For advanced practice registered nurses and physician assistants, compounding shall be limited according to RSA 318:42, VIII.

(a) Nothing in this section shall prohibit the dispensing of noncontrolled prescription drugs by an authorized agent of a veterinarian for an animal under the agent’s care, provided that the drugs were compounded by or under the supervision of the licensed veterinarian.

(b) Nothing in this section shall prohibit the dispensing or sale by an ophthalmologist of therapeutic contact lenses or the dispensing or sale by an optometrist of therapeutic contact lenses pursuant to RSA 327:6-a.

37:2 Optometry; Definition; Dispensing Pharmaceutical Agents. Amend RSA 327:1, II to read as follows:

II. “Dispensing pharmaceutical agents” means that a licensed optometrist authorized to use pharmaceutical agents may dispense a pharmaceutical agent to a patient if no charge is imposed for the pharmaceutical agent and the amount dispensed does not exceed a 24-hour supply, except that if the minimum available quantity for dispensing is greater than a 24-hour supply, the optometrist may dispense the minimum available quantity. Nothing in this paragraph shall prohibit a licensed optometrist authorized to use pharmaceutical agents pursuant to RSA 327:6-a from dispensing therapeutic contact lenses for a fee.

37:3 New Paragraph; Definition Added; Therapeutic Contact Lens. Amend RSA 327:1 by inserting after paragraph VI the following new paragraph:

VII. “Therapeutic contact lenses” means contact lenses which contain one or more medications and which deliver such medication to the eye.

37:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 18, 2010

Effective Date: July 17, 2010