CHAPTER 121
HB 284-FN – FINAL VERSION
15Mar2011… 0322h
18May2011… 1820EBA
2011 SESSION
10/01
HOUSE BILL 284-FN
AN ACT relative to contact lens prescriptions.
SPONSORS: Rep. Case, Rock 1; Rep. Cebrowski, Hills 18; Rep. Bulis, Graf 1; Rep. DiPentima, Rock 16; Rep. Cunningham, Sull 2
COMMITTEE: Health, Human Services and Elderly Affairs
This bill clarifies the requirement that contact lenses be issued by a valid prescription and includes in the requirement contact lenses without refractive power.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Mar2011… 0322h
18May2011… 1820EBA
11-0551
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to contact lens prescriptions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
121:1 Optometry; Definitions; Pharmaceutical Agent. Amend RSA 327:1, IV(e) to read as follows:
(e) [The] Application, prescribing, or removal of Food and Drug Administration approved medical devices, as approved by the board and consistent with the practice of optometry as set forth in this chapter, including, but not limited to, contact lenses, plano lenses, and punctal plugs. The term “plano lenses” means contact lenses with no refractive power.
121:2 New Paragraph; Contact Lens Prescriptions. Amend RSA 327:25-a by inserting after paragraph V the following new paragraph:
VI. No person shall sell contact lenses without a valid prescription as defined in paragraph V.
121:3 New Paragraphs; Penalty. Amend RSA 327:30 by inserting after paragraph III the following new paragraphs:
IV. The board is authorized to issue a cease and desist order against any person or entity acting in violation of this chapter. The cease and desist order shall be enforceable in superior court.
V. The attorney general, the board, or the prosecuting attorney of any county or municipality where the violation takes place may maintain an action to enjoin any person or entity from continuing to violate the provisions of this chapter. The action to enjoin shall not replace any other civil, criminal, or regulatory remedy. An injunction without bond is available to the board.
121:4 Opthalmic Dispensing; Definitions. Amend RSA 327-A:1, IV to read as follows:
IV. “Prescription for contact lenses” means a dated and signed, written direction specifying that it is for contact lenses [and which] or plano lenses, and shall include at least the power, size, curvature, color, and material composition of the [contact] lenses. A prescription for contact lenses may also include, at the prescriber's professional discretion, other parameters or instructions such as lens manufacturer, prescription expiration date, number of permitted refills, and a statement prohibiting substitutions. Such parameters or instructions shall be honored by a person filling the prescription. Unless otherwise specified by the prescriber for health reasons, a contact lens prescription shall expire one year from the date of issue.
121:5 New Paragraph; Opthalmic Dispensing; Definitions. Amend RSA 327-A:1 by inserting after paragraph VIII the following new paragraph:
IX. “Plano lenses” means contact lenses with no refractive power.
121:6 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 2, 2011
Effective Date: August 1, 2011