18RS HB 191

House Bill 191

Actions | Amendments

Last Action	03/30/18: signed by Governor (Acts, ch. 44)
Title	AN ACT relating to consumer protection in eye care.
Bill Documents	Current/Final Introduced
Bill Request Number	484
Sponsors	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
Summary of Original Version	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.
Index Headings of Original Version	Health and Medical Services - Contact lenses and visual aid glasses, prescribing and dispensing Physicians and Practitioners - Contact lenses and visual aid glasses, prescribing and dispensing Public Health - Contact lenses and visual aid glasses, prescribing and dispensing Safety - Contact lenses and visual aid glasses, prescribing and dispensing Short Titles and Popular Names - Consumer Protection in Eye Care Trade Practices and Retailing - Contact lenses and visual aid glasses, prescribing and dispensing
Jump to Proposed Amendments	House Committee Substitute 1 House Committee Amendment 1 House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 House Floor Amendment 4 House Floor Amendment 5 Senate Committee Substitute 1 Senate Floor Amendment 1 Senate Floor Amendment 2 Senate Floor Amendment 3 Senate Floor Amendment 4 Senate Floor Amendment 5
Votes	Vote History

Actions

Top | Amendments

01/11/18	introduced in House
01/17/18	to Health and Family Services (H)
01/23/18	posted in committee
01/30/18	posted in committee
02/01/18	reported favorably, 1st reading, to Calendar with Committee Substitute (1) and committee amendment (1-title)
02/02/18	2nd reading, to Rules
02/08/18	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
02/09/18	floor amendments (2) and (3) withdrawn floor amendment (4) filed to Committee Substitute, floor amendment (5) filed
02/13/18	3rd reading floor amendment (4) defeated passed 90-7 with Committee Substitute, committee amendment (1-title), and floor amendment (1)
02/14/18	received in Senate
02/15/18	to Health & Welfare (S)
03/07/18	reported favorably, 1st reading, to Calendar with Committee Substitute (1) floor amendment (1) filed to Committee Substitute
03/08/18	2nd reading, to Rules floor amendments (2) and (3) filed to Bill, (4) filed to Committee Substitute
03/09/18	floor amendment (5) filed to Committee Substitute
03/13/18	posted for passage in the Regular Orders of the Day for Wednesday, March 14, 2018
03/14/18	3rd reading floor amendments (2) (3) (4) and (5) withdrawn passed 36-0 with Committee Substitute (1) & floor amendment (1)
03/15/18	received in House to Rules (H)
03/16/18	posted for passage for concurrence in Senate Committee Substitute & floor amendment (1)
03/19/18	House concurred in Senate Committee Substitute & floor amendment (1) passed 88-0
03/20/18	enrolled, signed by Speaker of the House enrolled, signed by President of the Senate delivered to Governor
03/30/18	signed by Governor (Acts, ch. 44)

Proposed Amendments

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Amendment	House Committee Substitute 1
Summary	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.
Index Headings	Appropriations - Contact lenses and visual aid glasses dispensing, penalty increase Health and Medical Services - Contact lenses and visual aid glasses, prescribing and dispensing Physicians and Practitioners - Contact lenses and visual aid glasses, prescribing and dispensing Public Health - Contact lenses and visual aid glasses, prescribing and dispensing Safety - Contact lenses and visual aid glasses, prescribing and dispensing Short Titles and Popular Names - Consumer Protection in Eye Care Trade Practices and Retailing - Contact lenses and visual aid glasses, prescribing and dispensing

Amendment	House Committee Amendment 1
Sponsor	A. Wuchner
Summary	Make title amendment.
Index Headings	Title Amendments - HB 191

Amendment	House Floor Amendment 1
Sponsor	J. Gooch Jr.
Summary	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.
Index Headings	Appropriations - Contact lenses and visual aid glasses dispensing, penalty increase Health and Medical Services - Contact lenses and visual aid glasses, prescribing and dispensing Physicians and Practitioners - Contact lenses and visual aid glasses, prescribing and dispensing Public Health - Contact lenses and visual aid glasses, prescribing and dispensing Safety - Contact lenses and visual aid glasses, prescribing and dispensing Short Titles and Popular Names - Consumer Protection in Eye Care Trade Practices and Retailing - Contact lenses and visual aid glasses, prescribing and dispensing

Amendment	House Floor Amendment 2
Sponsor	K. Moser
Summary	Delete references to visual aid glasses; amend requirements for the performance and operation of assessment mechanisms for contact lenses.
Index Headings	Appropriations - Contact lenses dispensing, penalty increase Health and Medical Services - Contact lenses, prescribing and dispensing Physicians and Practitioners - Contact lenses, prescribing and dispensing Public Health - Contact lenses, prescribing and dispensing Safety - Contact lenses, prescribing and dispensing Short Titles and Popular Names - Consumer Protection in Eye Care Trade Practices and Retailing - Contact lenses, prescribing and dispensing

Amendment	House Floor Amendment 3
Sponsor	K. Moser
Summary	Delete references to visual aid glasses; amend requirements for the performance and operation of assessment mechanisms for contact lenses.
Index Headings	Appropriations - Contact lenses dispensing, penalty increase Health and Medical Services - Contact lenses, prescribing and dispensing Physicians and Practitioners - Contact lenses, prescribing and dispensing Public Health - Contact lenses, prescribing and dispensing Safety - Contact lenses, prescribing and dispensing Short Titles and Popular Names - Consumer Protection in Eye Care Trade Practices and Retailing - Contact lenses, prescribing and dispensing

Amendment	House Floor Amendment 4
Sponsor	K. Moser
Summary	Amend provisions related to operating an assessment mechanism to conduct an eye assessment.
Index Headings	Appropriations - Contact lenses and visual aid glasses dispensing, penalty increase Health and Medical Services - Contact lenses and visual aid glasses, prescribing and dispensing Physicians and Practitioners - Contact lenses and visual aid glasses, prescribing and dispensing Public Health - Contact lenses and visual aid glasses, prescribing and dispensing Safety - Contact lenses and visual aid glasses, prescribing and dispensing Short Titles and Popular Names - Consumer Protection in Eye Care Trade Practices and Retailing - Contact lenses and visual aid glasses, prescribing and dispensing

Amendment	House Floor Amendment 5
Sponsor	K. Moser
Summary	Amend provisions related to operating an assessment mechanism to conduct an eye assessment.
Index Headings	Appropriations - Contact lenses and visual aid glasses dispensing, penalty increase Health and Medical Services - Contact lenses and visual aid glasses, prescribing and dispensing Physicians and Practitioners - Contact lenses and visual aid glasses, prescribing and dispensing Public Health - Contact lenses and visual aid glasses, prescribing and dispensing Safety - Contact lenses and visual aid glasses, prescribing and dispensing Short Titles and Popular Names - Consumer Protection in Eye Care Trade Practices and Retailing - Contact lenses and visual aid glasses, prescribing and dispensing

Amendment	Senate Committee Substitute 1
Summary	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.
Index Headings	Health and Medical Services - Contact lenses and visual aid glasses, prescribing and dispensing Physicians and Practitioners - Contact lenses and visual aid glasses, prescribing and dispensing Public Health - Contact lenses and visual aid glasses, prescribing and dispensing Safety - Contact lenses and visual aid glasses, prescribing and dispensing Short Titles and Popular Names - Consumer Protection in Eye Care Trade Practices and Retailing - Contact lenses and visual aid glasses, prescribing and dispensing

Amendment	Senate Floor Amendment 1
Sponsor	R. Alvarado
Summary	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.
Index Headings	Health and Medical Services - Contact lenses and visual aid glasses, prescribing and dispensing Physicians and Practitioners - Contact lenses and visual aid glasses, prescribing and dispensing Public Health - Contact lenses and visual aid glasses, prescribing and dispensing Safety - Contact lenses and visual aid glasses, prescribing and dispensing Short Titles and Popular Names - Consumer Protection in Eye Care Trade Practices and Retailing - Contact lenses and visual aid glasses, prescribing and dispensing

Amendment	Senate Floor Amendment 2
Sponsor	R. Alvarado
Summary	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.
Index Headings	Appropriations - Contact lenses and visual aid glasses dispensing, penalty increase Health and Medical Services - Contact lenses and visual aid glasses, prescribing and dispensing Physicians and Practitioners - Contact lenses and visual aid glasses, prescribing and dispensing Public Health - Contact lenses and visual aid glasses, prescribing and dispensing Safety - Contact lenses and visual aid glasses, prescribing and dispensing Short Titles and Popular Names - Consumer Protection in Eye Care Trade Practices and Retailing - Contact lenses and visual aid glasses, prescribing and dispensing

Amendment	Senate Floor Amendment 3
Sponsor	R. Alvarado
Summary	Amend to remove osteopaths and physicians from provisions relating to use of an assessment mechanism; remove optometrists from restriction on use of telehealth.
Index Headings	Appropriations - Contact lenses and visual aid glasses dispensing, penalty increase Health and Medical Services - Contact lenses and visual aid glasses, prescribing and dispensing Physicians and Practitioners - Contact lenses and visual aid glasses, prescribing and dispensing Public Health - Contact lenses and visual aid glasses, prescribing and dispensing Safety - Contact lenses and visual aid glasses, prescribing and dispensing Short Titles and Popular Names - Consumer Protection in Eye Care Trade Practices and Retailing - Contact lenses and visual aid glasses, prescribing and dispensing

Amendment	Senate Floor Amendment 4
Sponsor	R. Alvarado
Summary	Amend to remove osteopaths and physicians from provisions relating to use of an assessment mechanism; remove optometrists from restriction on use of telehealth.
Index Headings	Appropriations - Contact lenses and visual aid glasses dispensing, penalty increase Health and Medical Services - Contact lenses and visual aid glasses, prescribing and dispensing Physicians and Practitioners - Contact lenses and visual aid glasses, prescribing and dispensing Public Health - Contact lenses and visual aid glasses, prescribing and dispensing Safety - Contact lenses and visual aid glasses, prescribing and dispensing Short Titles and Popular Names - Consumer Protection in Eye Care Trade Practices and Retailing - Contact lenses and visual aid glasses, prescribing and dispensing

Amendment	Senate Floor Amendment 5
Sponsor	J. Adams
Summary	Adds definition of "simultaneous interaction"; clarifies that a patient may be directed to utilize an assessment mechanism.
Index Headings	Health and Medical Services - Contact lenses and visual aid glasses, prescribing and dispensing Physicians and Practitioners - Contact lenses and visual aid glasses, prescribing and dispensing Public Health - Contact lenses and visual aid glasses, prescribing and dispensing Safety - Contact lenses and visual aid glasses, prescribing and dispensing Short Titles and Popular Names - Consumer Protection in Eye Care Trade Practices and Retailing - Contact lenses and visual aid glasses, prescribing and dispensing