HOUSE BILL No. 5377


     November 1, 2001, Introduced by Reps. Woronchak, Neumann, Jacobs, Ehardt and Vander Veen and referred to the Committee on Health Policy.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   (MCL 333.1101 to 333.25211) by adding part 186.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                      PART 186.  CONTACT LENS PROVIDERS

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           SEC. 18601.  (1) AS USED IN THIS PART:

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           (A) "BUSINESS DAY" MEANS A DAY OF THE YEAR EXCLUSIVE OF A

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      SATURDAY, SUNDAY, OR LEGAL HOLIDAY.

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           (B) "CONTACT LENS PRESCRIPTION" MEANS A WRITTEN, SIGNED, AND

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      DATED ORDER, AS DESCRIBED IN SECTION 18605, BY A PHYSICIAN OR

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      OPTOMETRIST DESCRIBING OPTICAL AND PHYSICAL CHARACTERISTICS OF

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      CONTACT LENSES TO BE DISPENSED.

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           (C) "CONTACT LENS PROVIDER" MEANS A PERSON, WHETHER LOCATED

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      WITHIN OR OUTSIDE OF MICHIGAN, WHO DISPENSES, SELLS, OR PROVIDES

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      CONTACT LENSES TO A MICHIGAN RESIDENT.


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           (D) "PHYSICIAN OR OPTOMETRIST" MEANS A PHYSICIAN WHO

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      SPECIALIZES IN OPHTHALMOLOGY AND IS LICENSED BY THE MICHIGAN

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      BOARD OF MEDICINE OR THE MICHIGAN BOARD OF OSTEOPATHIC MEDICINE

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      AND SURGERY OR AN OPTOMETRIST LICENSED BY THE STATE OF MICHIGAN

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      BOARD OF OPTOMETRY.

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           (2) IN ADDITION TO THE DEFINITIONS IN THIS PART, ARTICLE 1

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      CONTAINS GENERAL DEFINITIONS AND PRINCIPLES OF CONSTRUCTION

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      APPLICABLE TO ALL ARTICLES IN THIS CODE AND PART 161 CONTAINS

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      DEFINITIONS APPLICABLE TO THIS PART.

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           SEC. 18603.  (1) EXCEPT AS OTHERWISE PROVIDED IN

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      SUBSECTION (2), A CONTACT LENS PROVIDER SHALL NOT DISPENSE, SELL,

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      OR PROVIDE CONTACT LENSES TO A STATE RESIDENT UNLESS THE CONTACT

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      LENS PROVIDER REGISTERS WITH THE DEPARTMENT ON A FORM PRESCRIBED

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      BY THE DEPARTMENT.  THE REGISTRATION FORM SHALL CONTAIN ALL OF

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      THE FOLLOWING:

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           (A) THE NAME OF THE CONTACT LENS PROVIDER.

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           (B) THE PRINCIPAL ADDRESS OF THE CONTACT LENS PROVIDER AND

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      THE ADDRESS OF ALL OTHER OFFICES OF THE CONTACT LENS PROVIDER IN

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      THIS STATE.  IF THE CONTACT LENS PROVIDER DOES NOT MAINTAIN A

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      PRINCIPAL OFFICE IN THIS STATE, THE REGISTRATION FORM SHALL CON-

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      TAIN THE NAME AND ADDRESS OF THE PERSON HAVING CUSTODY OF ITS

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      RECORDS.

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           (C) THE TELEPHONE NUMBER OF THE CONTACT LENS PROVIDER.

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           (D) IF THE CONTACT LENS PROVIDER IS NOT LOCATED IN THIS

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      STATE, THE NAME OF A RESIDENT AGENT IN THIS STATE FOR ACCEPTANCE

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      OF SERVICE OF PROCESS.





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           (E) A DECLARATION THAT THE CONTACT LENS PROVIDER WILL COMPLY

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      WITH ALL APPLICABLE LAWS AND REGULATIONS IN THE CONDUCT OF ITS

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      BUSINESS IN MICHIGAN.

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           (2) A PHYSICIAN OR OPTOMETRIST IS NOT REQUIRED TO REGISTER

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      UNDER SUBSECTION (1) UNTIL HIS OR HER NEXT LICENSE RENEWAL DATE

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      THAT IMMEDIATELY FOLLOWS THE EFFECTIVE DATE OF THIS SECTION.

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           (3) THE DEPARTMENT SHALL REGISTER A CONTACT LENS PROVIDER

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      UPON PROPER APPLICATION UNDER SUBSECTION (1) AND PAYMENT OF A

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      $20.00 FEE.

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           (4) A CONTACT LENS PROVIDER REGISTRATION SHALL BE RENEWED

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      EVERY 2 YEARS UPON APPLICATION TO THE DEPARTMENT AND PAYMENT OF A

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      $30.00 RENEWAL FEE.

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           (5) THIS SECTION DOES NOT APPLY TO A PHARMACIST LICENSED

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      UNDER THIS ARTICLE.

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           Enacting section 1.  This amendatory act does not take

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      effect unless all of the following bills of the 91st Legislature

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      are enacted into law:

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           (a) Senate Bill No. ____ or House Bill No. 5379 (request

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      no. 00773'01 *).

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           (b) Senate Bill No. ____ or House Bill No. 5378 (request

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      no. 04264'01).

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           (c) Senate Bill No. ____ or House Bill No. 5376 (request

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      no. 04265'01).











   04263'01          Final page.                            DKH