HB 1331

1	A bill to be entitled
2	An act relating to contact lens consumer protection;
3	providing a short title; providing a policy statement;
4	providing definitions; prohibiting licensed prescribers of
5	contact lenses from selling uncertified contact lens
6	brands or having any financial or legal relationship with
7	persons selling uncertified contact lens brands; requiring
8	manufacturer certification of contact lens brands;
9	requiring the Board of Optometry and the Board of Medicine
10	to provide to licensed prescribers a list of certified
11	contact lens brands; prohibiting monetary competition
12	prevention or limiting activities; providing for
13	enforcement by the Attorney General; providing penalties;
14	providing construction of certain activities as unfair
15	business practices; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  (1)  SHORT TITLE.--This act may be cited as the
20	"Contact Lens Consumer Protection Act."
21	(2)  POLICY.--It is the policy of this state that citizens
22	of this state who wear contact lenses pursuant to valid
23	prescriptions should not be denied the right to purchase their
24	lenses from a retailer of their choice.
25	(3)  DEFINITIONS.--As used in this act:
26	(a)  "Alternative channels of distribution" means any mail
27	order company, Internet retailer, pharmacy, buying club,
28	department store, or mass merchandise outlet, without regard to
29	any association with a prescriber.
30	(b)  "Manufacturer" includes a manufacturer and any parent,
31	subsidiary, affiliate, successor, and assign of the
32	manufacturer.
33	(4)  IN GENERAL.--Notwithstanding any other provision of
34	law, after 60 days following the effective date of this act, an
35	individual licensed or authorized under the laws of this state
36	to prescribe contact lenses may not knowingly and intentionally
37	sell a brand of contact lens, or have any financial or legal
38	relationship with any other individual that knowingly and
39	intentionally sells a brand of contact lens, unless the brand is
40	certified by affidavit at the time of sale, pursuant to
41	subsection (5), as being available in a commercially reasonable
42	and nondiscriminatory manner directly to, and generally within,
43	all alternative channels of distribution.
44	(5)  CERTIFICATION.--No later than 30 days after the
45	effective date of this act and every year thereafter, and at any
46	time a brand becomes available or ceases to be made available as
47	described in this subsection, a manufacturer of contact lenses
48	doing business in this state shall make a certification by
49	affidavit to the Attorney General, with a copy to the Board of
50	Optometry and the Board of Medicine, identifying those brands of
51	contact lenses produced, marketed, distributed, or sold by the
52	manufacturer that are made available in a commercially
53	reasonable and nondiscriminatory manner directly to, and
54	generally within, all alternative channels of distribution.
55	(6)  PUBLICATION.--To enable a prescriber to determine
56	which brands may be prescribed pursuant to this act, the Board
57	of Optometry and the Board of Medicine shall make available to
58	all licensees a listing of all brands of contact lenses
59	certified at that time as being made available in a commercially
60	reasonable and nondiscriminatory manner directly to, and
61	generally within, all alternative channels of distribution.
62	(7)  ANTI-KICKBACK PROVISION.--No individual shall provide,
63	directly or indirectly, or offer to any individual licensed or
64	authorized under the laws of this state related to the
65	prescribing or sale of contact lenses, any gift, gratuity, cash,
66	or other item or service of monetary value, including any
67	actions, commitment, or agreements intended to or having the
68	effect of prohibiting or otherwise inhibiting competition in the
69	sale of contact lenses.
70	(8)  ENFORCEMENT.--Any violation of this act shall be
71	subject to such monetary or other penalties as prescribed by the
72	Attorney General and shall constitute an unfair business
73	practice on the part of the prescriber and the manufacturer.
74	Section 2.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.