BILL NUMBER: AB 789 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2015
AMENDED IN ASSEMBLY MARCH 23, 2015
INTRODUCED BY Assembly Member Calderon
FEBRUARY 25, 2015
An act to amend Sections 2546.5 and
Section 2546.10 of , and to add Section 2543.5
to, the Business and Professions Code, relating to contact lens
sellers.
LEGISLATIVE COUNSEL'S DIGEST
AB 789, as amended, Calderon. Nonresident contact lens
Contact lens sellers: prohibited practices:
fines.
The Nonresident Contact Lens Seller Registration Act prohibits a
person located outside California from shipping, mailing, or
delivering, in any manner, contact lenses at retail to a patient at a
California address unless registered with the Division of Licensing
of the Medical Board of California. A violation of the act results in
a fine of not less than $1,000 or more than $2,500 for each
violation. Under existing law only licensed
physicians and surgeons, licensed optometrists, and registered
dispensing opticians have the right to dispense, sell, or furnish
prescription ophthalmic devices at retail or to the person named in a
prescription, except as provided in the act.
This bill would raise the minimum fine for a violation of the
act from $1,000 to $1,500. The bill would also specify that a
licensed physician and surgeon, licensed optometrist, registered
dispensing optician, or registered nonresident contact lens
seller is not subject to any manufacturer's unilateral pricing
policy, or similar practice or agreement, that purports to establish
a minimum advertised or selling price for contact lenses, and would
specify that any attempt by a manufacturer of prescribed contact
lenses to impose such that kind of a
policy or practice is contrary to public policy, unlawful, and
unenforceable.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2543.5 is added to the
Business and Professions Code , to read:
2543.5. A licensed physician and surgeon, licensed optometrist,
registered dispensing optician, or nonresident contact lens seller
shall not be subject to any manufacturer's unilateral pricing policy,
or similar practice or agreement, that purports to establish a
minimum advertised or selling price for contact lenses. Any attempt
by a manufacturer or distributor of prescribed contact lenses to
impose that kind of a policy or practice is contrary to public
policy, unlawful, and unenforceable.
SECTION 1. Section 2546.5 of the Business and
Professions Code is amended to read:
2546.5. In order to obtain and maintain registration, a
nonresident contact lens seller shall:
(a) Be in good standing and either registered or otherwise
authorized in the state in which the selling facility is located and
from which the contact lenses are sold.
(b) Comply with all directions and requests for information made
by the board as authorized under this chapter.
(c) Maintain records of contact lenses shipped, mailed, or
delivered to patients in California for a period of at least three
years.
(d) Provide a toll-free telephone service for responding to
patient questions and complaints during the applicant's regular hours
of operation, but in no event less than six days per week and 40
hours per week. The toll-free number shall be included in literature
provided with each mailed contact lens prescription. All questions
relating to eye care for the lens prescribed shall be referred back
to the contact lens prescriber.
(e) Provide the following or a substantially equivalent written
notification to the patient whenever contact lenses are supplied:
WARNING: IF YOU ARE HAVING ANY UNEXPLAINED EYE DISCOMFORT,
WATERING, VISION CHANGE, OR REDNESS, REMOVE YOUR LENSES IMMEDIATELY
AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR LENSES
AGAIN.
(f) Disclose in any price advertisement any required membership
fees, enrollment fees, and indicate that shipping costs may apply
unless the advertisement specifically and clearly states otherwise.
(g) Provide a toll-free telephone number, facsimile line, and
electronic mail address that are dedicated to prescribers and their
authorized agents for the purposes of confirmation of contact lens
prescriptions. These numbers, along with an electronic mail address,
shall be included in any communication with the prescriber when
requesting confirmation of a contact lens prescription.
(h) It shall be considered a deceptive marketing practice for any
nonresident contact lens seller to publish or cause to be published
any advertisement or sales presentation relating to contact lenses
representing that contact lenses may be obtained without confirmation
of a valid prescription.
(i) A registered nonresident contact lens seller shall not be
subject to any manufacturer's unilateral pricing policy, or similar
practice or agreement, that purports to establish a minimum
advertised or selling price for contact lenses. Any attempt by a
manufacturer of prescribed contact lenses to impose such a policy is
contrary to public policy, unlawful, and unenforceable.
SEC. 2. Section 2546.10 of the Business and Professions Code is
amended to read:
2546.10. (a) A person who violates any of the provisions of this
chapter shall be subject to a fine of not less than one thousand five
hundred dollars ($1,500) nor more than two thousand five hundred
dollars ($2,500) per violation. The fines collected pursuant to this
section shall be available upon appropriation to the Medical Board of
California for the purposes of administration and enforcement.
(b) The Medical Board of California shall adopt regulations
implementing this section and shall consider the following factors,
including, but not limited to, applicable enforcement penalties,
prior conduct, gravity of the offense, and the manner in which
complaints will be processed.
(c) The proceedings under this section shall be conducted in
accordance with the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.