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ICYMI: Here's a brief read so you can catch up on cases you
might have missed in the last few months.
Ohio H.B. 49
After Jan. 21, 2018, the Ohio Optical Dispensers Board
and the Ohio State Board of Optometry will consolidate
as the State Vision Professionals Board. The newly formed
board will have four optometrists, two opticians and one
public member, appointed by the Governor. Opticians are
still licensed under Chapter 4725 of the Ohio Revised Code
and Chapter 4726 of the Ohio Administrative Code. Read
comments from Linda Fitzgerald , president of the Opticians
Association of Ohio, regarding this situation.
Ohio H.B. 116
Exempts the sales of prescription eyewear from state and
local taxes. It does not apply to non-prescription eyewear or
cosmetic contact lenses.
Connecticut H.B. 6012
Signed by the Governor of Connecticut on July 5, 2017, HB
6012 prohibits optometrists and ophthalmologists from using
information obtained from a test using a remote refractive
device, such as a smartphone app, as the sole basis for issuing
an initial or renewal prescription for contact lenses for the
first exam or first renewal. The legislation does not appear to
restrict eyeglass prescriptions from Opternative-style devices.
Nevada A.S. 129
Did not pass. A.S. 129 attempted to prohibit remote refractive
devices for ophthalmic lenses. Nevada is in session every other
year so the next time a proposal covering online eye exams is
likely to arise would be 2019.
Virginia: VA Code ยง 54.1-2400.01:2
After July 1, 2017, optometrists and ophthalmologists
("Ophthalmic Providers") in Virginia will be able to
practice through telehealth as long as there is a "bona fide"
patient-provider relationship. This means, Opternative-style
L E G A L
Legislative Updates
from Six States
prescriptions are only allowed if the patient has a prior
relationship with the prescribing OD or MD.
Texas: Cosmetic Contact Lens Lawsuit
A Lubbock woman lost her eyesight after purchasing cosmetic
lenses at a One Stop Contact Lenses booth leading to a
lawsuit seeking damages of $1 million. According to the
Dallas News , the lawsuit states that sellers of the Bella brand
contact lenses may be violating many regulations. The lenses
are sold by street vendors, novelty and Halloween stores, as
well as convenience and beauty supply stores.
Read more here .
Kris Pickford is OAA's legal consultant.
