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367.687 Registration of nonresident mail order contact lens sellers with
Attorney General.
The Attorney General shall require and provide for the annual registration of all mail
order contact lens sellers located outside of the Commonwealth that dispense
contact lenses to Kentucky residents, including those providing contact lenses via
the Internet. A mail order contact lens seller's registration shall be granted upon the
disclosure and certification by the seller of all of the following:
(1) The seller is licensed or registered to distribute contact lenses in the state in
which the dispensing facility is located and from which the contact lenses are
dispensed;
(2) The location, names, and titles of all owners, partners, corporate officers, and
the person who is responsible for overseeing the dispensing of contact lenses
to residents of this state;
(3) The seller has complied with and shall continue to comply with all lawful
directives and appropriate requests for information from the appropriate agency
of each state in which the seller is licensed or registered;
(4) The seller shall respond to all requests for information from the Attorney
General within thirty (30) days from receipt of the request;
(5) The seller shall maintain records of contact lenses dispensed to residents of
this state for a period of ten (10) years, and that the records shall be readily
available for inspection by the Attorney General upon demand;
(6) The seller shall provide a toll-free telephone service during its regular hours of
operation for the sole purpose of responding to the patients in this state
concerning questions and complaints. All questions relating to eye care shall
be referred to the doctor prescribing the contact lenses;
(7) The seller shall provide a toll-free telephone service during its regular hours of
operation solely for optometrists, osteopaths, and physicians.
(8) The seller shall provide the following or a substantially equivalent written
notification to the patient whenever contact lenses are supplied: WARNING: IF
YOU ARE HAVING ANY OF THE FOLLOWING SYMPTOMS REMOVE YOUR
CONTACT LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE
PRACTITIONER
BEFORE
WEARING
YOUR
LENSES
AGAIN:
UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR
REDNESS; and
(9) The seller's license or registration, in the state in which the seller is licensed or
registered, has not been suspended or revoked, but should the seller be the
subject of any investigation undertaken by the licensing or registering state, or
should the seller's license or registration be suspended or revoked, then the
seller shall immediately notify the Attorney General of such actions.
Effective:June 24, 2003
History: Created 2003 Ky. Acts ch. 1, sec. 8, effective June 24, 2003.
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