Senate Bill sb2638

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    Florida Senate - 2006                                  SB 2638

    By Senator Wise





    5-1658-06

  1                      A bill to be entitled

  2         An act relating to contact lenses; creating the

  3         "Contact Lens Consumer Protection Act";

  4         providing definitions; prohibiting a person who

  5         is licensed to prescribe contact lenses from

  6         selling a brand of contact lenses under certain

  7         conditions or having a financial or legal

  8         relationship with a person who sells a brand of

  9         contact lenses under certain conditions;

10         requiring a manufacturer of contact lenses to

11         annually provide a certification to the

12         Attorney General; requiring the Board of

13         Medicine and the Board of Optometry to make

14         available a listing of certain brands of

15         contact lenses to persons licensed under ch.

16         463, F.S.; prohibiting a person from giving an

17         item or service of monetary value to a person

18         licensed to prescribe or sell contact lenses;

19         providing penalties; providing an effective

20         date.

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Contact lenses; consumer protection.--

25         (1)  This section may be cited as the "Contact Lens

26  Consumer Protection Act."

27         (2)  It is the policy of this state that residents of

28  this state who wear contact lenses pursuant to valid

29  prescriptions should not be denied the right to purchase

30  lenses from the retailer of their choice.

31         (3)  As used in this section, the term:

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    Florida Senate - 2006                                  SB 2638
    5-1658-06




 1         (a)  "Alternative channels of distribution" means any

 2  mail-order company, Internet retailer, pharmacy, buying club,

 3  department store, or mass merchandise outlet, without regard

 4  to whether it is associated with a prescriber.

 5         (b)  "Manufacturer" includes the manufacturer and its

 6  parents, subsidiaries, affiliates, successors, and assigns.

 7         (4)  Notwithstanding any other law, an individual

 8  licensed or authorized in this state to prescribe contact

 9  lenses may not:

10         (a)  Knowingly sell a brand of contact lenses unless

11  the lens brand is certified by affidavit at the time of sale

12  pursuant to subsection (5) as being available in a

13  commercially reasonable and nondiscriminatory manner directly

14  to, and generally within, all channels of distribution,

15  including, but not limited to, alternative channels of

16  distribution.

17         (b)  Have any financial or legal relationship with any

18  other individual that sells a brand of contact lenses unless

19  the lens brand is certified by affidavit at the time of sale

20  pursuant to subsection (5) as being available in a

21  commercially reasonable and nondiscriminatory manner directly

22  to, and generally within, all channels of distribution,

23  including, but not limited to, alternative channels of

24  distribution.

25         (5)  On July 31, 2006, and each year thereafter, and at

26  any time a brand becomes available or ceases to be made

27  available, as described in this section, a manufacturer of

28  contact lenses doing business in this state shall provide a

29  certification by affidavit to the Attorney General, with a

30  copy to the Board of Optometry and the Board of Medicine,

31  which identifies those brands of contact lenses produced,

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    Florida Senate - 2006                                  SB 2638
    5-1658-06




 1  marketed, distributed, or sold by the manufacturer which are

 2  made available in a commercially reasonable and

 3  nondiscriminatory manner directly to, and generally within,

 4  all channels of distribution, including, but not limited to,

 5  alternative channels of distribution.

 6         (6)  The Board of Optometry and the Board of Medicine

 7  shall make available to a person licensed under chapter 463,

 8  Florida Statutes, a listing of all brands of contact lenses

 9  certified at that time as being made available in a

10  commercially reasonable and nondiscriminatory manner directly

11  to and generally within all channels of distribution,

12  including, but not limited to, alternative channels of

13  distribution.

14         (7)  A person may not provide, directly or indirectly,

15  or offer to any other person licensed or authorized under the

16  laws of this state, any gift, gratuity, cash, or other item or

17  service of monetary value, including any action, commitment,

18  or agreement intended to or having the effect of prohibiting

19  or otherwise inhibiting competition in the sale of contact

20  lenses, which is related to the prescribing or sale of contact

21  lenses.

22         (8)  Any person who violates this section is subject to

23  such monetary or other penalties as prescribed by the Attorney

24  General and such violation constitutes an unfair business

25  practice on the part of the prescriber and the manufacturer.

26         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                                  SB 2638
    5-1658-06




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 2                          SENATE SUMMARY

 3    Creates the "Contact Lens Consumer Protection Act."
      Prohibits a person who is licensed to prescribe contact
 4    lenses from selling a brand of contact lenses under
      certain conditions or having a financial or legal
 5    relationship with a person who sells a brand of contact
      lenses under certain conditions. Requires a manufacturer
 6    of contact lenses to annually provide a certification to
      the Attorney General. Requires the Board of Medicine and
 7    the Board of Optometry to make available a listing of
      certain brands of contact lenses to persons licensed
 8    under ch. 463, F.S. Prohibits a person from giving an
      item or service of monetary value to a person licensed to
 9    prescribe or sell contact lenses. Provides penalties.

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