2546.  This act may be cited as the "Nonresident Contact Lens Seller
Registration Act."



2546.1.  (a) On and after January 1, 1997, no person located outside
California shall ship, mail, or deliver 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.
   (b) With regard to any person subject to registration pursuant to
this section, only replacement contact lenses provided pursuant to a
valid prescription as described in Section 2546.6 may be shipped,
mailed, or delivered directly to a patient.



2546.2.  All references in this chapter to the division shall mean
the Division of Licensing of the Medical Board of California.



2546.3.  The division may adopt, amend, or repeal any rules and
regulations that are reasonably necessary to carry out this chapter.



2546.4.  Application for registration as a nonresident contact lens
seller shall be made on forms prescribed by the division, accompanied
by the fee prescribed by this chapter, and shall bear the signature
of the individual, or individuals if a copartnership, or the
president or secretary if a corporation, and shall contain the name
under which the person proposes to do business, location of the
business, and the designation of an agent for service of process in
California.  The board shall be notified within 30 days of any change
of name, location of business, corporate officer, or agent of
service.


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.



2546.6.  Contact lenses may be sold only upon written prescription
dated one year or less from the date the lenses are supplied, or
within any shorter period of time that is specified by the
prescription.  If the written prescription is not available to the
seller, the seller shall confirm the prescription by direct
communication with the prescriber or his or her authorized agent
prior to selling any lens, and maintain a record of the
communication.


2546.7.  (a) A certificate may be denied, suspended, revoked, or
otherwise subjected to discipline for any of the following:
   (1) Incompetence, gross negligence, or repeated similar negligent
acts performed by the registrant or any employee of the registrant.
   (2) An act of dishonesty or fraud.
   (3) Committing any act or being convicted of a crime constituting
grounds for denial of licensure or registration under Section 480.
   (4) Any violation of Section 2546.5 or 2546.6.
   (b) The proceedings shall be conducted in accordance with Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2
of the Government Code, and the division shall have all powers
granted therein.


2546.8.  Every registration issued to a nonresident contact lens
seller shall expire 24 months after the initial date of issuance.  To
renew an unexpired registration, the registrant shall, before the
time at which the license would otherwise expire, apply for renewal
on a form prescribed by the division, and pay the renewal fee
prescribed by this chapter.



2546.9.  The amount of fees prescribed in connection with the
registration of nonresident contact lens sellers is that established
by the following schedule:
   (a) The initial registration fee shall be one hundred dollars
($100).
   (b) The renewal fee shall be one hundred dollars ($100).
   (c) The delinquency fee shall be twenty-five dollars ($25).
   (d) The fee for replacement of a lost, stolen, or destroyed
registration shall be twenty-five dollars ($25).
   (e) The fees collected pursuant to this chapter shall be deposited
in the Dispensing Opticians Fund, and shall be available, upon
appropriation, to the Medical Board of California for the purposes of
this chapter.