HB191
WWW Version
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HB 191 (BR 484) - J. Gooch Jr., W. Thomas, R. Adkins, D. Bentley, J. Blanton, K. Bratcher, G. Brown Jr, L. Brown, M. Cantrell, J. Carney, W. Coursey, M. Dossett, J. DuPlessis, D. Elliott, J. Fischer, K. Fleming , C. Fugate, A. Gentry, J. Greer, A. Hatton, R. Heath, T. Herald, J. Hoover, K. Imes, D. Mayfield, C. McCoy, R. Meyer, J. Miller, J. Nemes, D. Osborne, J. Petrie, P. Pratt, M. Prunty, B. Reed, J. Richards, S. Riley, B. Rowland, D. Schamore, J. Sims Jr, W. Stone, G. Watkins, A. Wuchner, J. York
AN ACT relating to consumer protection in eye care.
Amend KRS 367.680 to define terms; amend KRS 367.681 to add requirements for prescriptions for visual aid glasses; amend KRS 367.683 and 367.684 to make applicable to all contact lens and visual aid glasses sellers and dispensers; amend KRS 367.685 to require fitting based on ocular health; amend KRS 367.686 and 367.687 to make applicable to visual aid glasses; create a new section of KRS 367.680 to 367.690 to set requirements for performance and operation of assessment mechanisms for contact lenses and visual aid glasses; amend KRS 367.688 and 367.690 to make applicable to visual aid glasses; increase the fine for violations to $11,000; create a new section of KRS 367.680 to 367.690 to provide that those sections may be cited as the Consumer Protection in Eye Care Act; APPROPRIATION.
AMENDMENTS
HCS1 - Retain provisions of the bill except to delete approval of assessment mechanism by the FDA and to add a required disclosure to be provided to a patient prior to receiving an assessment.
HCA1( A. Wuchner ) - Make title amendment.
HFA1( J. Gooch Jr. ) - Delete the requirement for a patient's address on a prescription; require a prescription and diagnostic information to include the name of license number of the optometrist, osteopath, or physician rather than the assessment mechanism; require that a patient's medical history, previous prescription or corrective eyewear, and length of time since most recent in-person exam be collected in order to conduct an eye assessment or generate a prescription with an assessment mechanism; require initial prescriptions to be in person; prohibit this section from limiting discretion to utilize telehealth service where appropriate, sharing of information, or applying beyond ocular health and eye care.
HFA2( K. Moser ) - Delete references to visual aid glasses; amend requirements for the performance and operation of assessment mechanisms for contact lenses.
HFA3( K. Moser ) - Delete references to visual aid glasses; amend requirements for the performance and operation of assessment mechanisms for contact lenses.
HFA4( K. Moser ) - Amend provisions related to operating an assessment mechanism to conduct an eye assessment.
HFA5( K. Moser ) - Amend provisions related to operating an assessment mechanism to conduct an eye assessment.
SCS1 - Amend definition of "visual aid glasses"; remove visual aid glasses from KRS 367.687; clarify that an eye assessment with an assessment mechanism is prohibited in Kentucky rather than in a Kentucky residence unless requirements are met; make technical corrections.
SFA1( R. Alvarado ) - Amend requirement that an assessment mechanism used to conduct an eye assessment or to generate a prescription for contact lenses or visual aid glasses to a patient provide synchronous or asynchronous interaction rather than simultaneous interaction alone.
SFA2( R. Alvarado ) - Amend requirement that an assessment mechanism used to conduct an eye assessment or to generate a prescription for contact lenses or visual aid glasses to a patient provide synchronous or asynchronous interaction rather than simultaneous interaction alone.
SFA3( R. Alvarado ) - Amend to remove osteopaths and physicians from provisions relating to use of an assessment mechanism; remove optometrists from restriction on use of telehealth.
SFA4( R. Alvarado ) - Amend to remove osteopaths and physicians from provisions relating to use of an assessment mechanism; remove optometrists from restriction on use of telehealth.
SFA5( J. Adams ) - Adds definition of "simultaneous interaction"; clarifies that a patient may be directed to utilize an assessment mechanism.
HCA1( A. Wuchner ) - Make title amendment.
HFA1( J. Gooch Jr. ) - Delete the requirement for a patient's address on a prescription; require a prescription and diagnostic information to include the name of license number of the optometrist, osteopath, or physician rather than the assessment mechanism; require that a patient's medical history, previous prescription or corrective eyewear, and length of time since most recent in-person exam be collected in order to conduct an eye assessment or generate a prescription with an assessment mechanism; require initial prescriptions to be in person; prohibit this section from limiting discretion to utilize telehealth service where appropriate, sharing of information, or applying beyond ocular health and eye care.
HFA2( K. Moser ) - Delete references to visual aid glasses; amend requirements for the performance and operation of assessment mechanisms for contact lenses.
HFA3( K. Moser ) - Delete references to visual aid glasses; amend requirements for the performance and operation of assessment mechanisms for contact lenses.
HFA4( K. Moser ) - Amend provisions related to operating an assessment mechanism to conduct an eye assessment.
HFA5( K. Moser ) - Amend provisions related to operating an assessment mechanism to conduct an eye assessment.
SCS1 - Amend definition of "visual aid glasses"; remove visual aid glasses from KRS 367.687; clarify that an eye assessment with an assessment mechanism is prohibited in Kentucky rather than in a Kentucky residence unless requirements are met; make technical corrections.
SFA1( R. Alvarado ) - Amend requirement that an assessment mechanism used to conduct an eye assessment or to generate a prescription for contact lenses or visual aid glasses to a patient provide synchronous or asynchronous interaction rather than simultaneous interaction alone.
SFA2( R. Alvarado ) - Amend requirement that an assessment mechanism used to conduct an eye assessment or to generate a prescription for contact lenses or visual aid glasses to a patient provide synchronous or asynchronous interaction rather than simultaneous interaction alone.
SFA3( R. Alvarado ) - Amend to remove osteopaths and physicians from provisions relating to use of an assessment mechanism; remove optometrists from restriction on use of telehealth.
SFA4( R. Alvarado ) - Amend to remove osteopaths and physicians from provisions relating to use of an assessment mechanism; remove optometrists from restriction on use of telehealth.
SFA5( J. Adams ) - Adds definition of "simultaneous interaction"; clarifies that a patient may be directed to utilize an assessment mechanism.
Jan 11, 2018 - introduced in House
Jan 17, 2018 - to Health and Family Services (H)
Jan 23, 2018 - posted in committee
Jan 30, 2018 - posted in committee
Feb 01, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute (1) and committee amendment (1-title)
Feb 02, 2018 - 2nd reading, to Rules
Feb 08, 2018 - posted for passage in the Regular Orders of the Day for Friday, February 9, 2018; floor amendments (1) and (2) filed to Committee Substitute, floor amendment (3) filed to Bill
Feb 09, 2018 - floor amendments (2) and (3) withdrawn; floor amendment (4) filed to Committee Substitute, floor amendment (5) filed
Feb 13, 2018 - 3rd reading; floor amendment (4) defeated; passed 90-7 with Committee Substitute, committee amendment (1-title), and floor amendment (1)
Feb 14, 2018 - received in Senate
Feb 15, 2018 - to Health & Welfare (S)
Mar 07, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute (1); floor amendment (1) filed to Committee Substitute
Mar 08, 2018 - 2nd reading, to Rules; floor amendments (2) and (3) filed to Bill, (4) filed to Committee Substitute
Mar 09, 2018 - floor amendment (5) filed to Committee Substitute
Mar 13, 2018 - posted for passage in the Regular Orders of the Day for Wednesday, March 14, 2018
Mar 14, 2018 - 3rd reading; floor amendments (2) (3) (4) and (5) withdrawn; passed 36-0 with Committee Substitute (1) & floor amendment (1)
Mar 15, 2018 - received in House; to Rules (H)
Mar 16, 2018 - posted for passage for concurrence in Senate Committee Substitute & floor amendment (1)
Mar 19, 2018 - House concurred in Senate Committee Substitute & floor amendment (1); passed 88-0
Mar 20, 2018 - enrolled, signed by Speaker of the House; enrolled, signed by President of the Senate; delivered to Governor
Mar 30, 2018 - signed by Governor (Acts, ch. 44)