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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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