HOUSE BILL NO. 4356
February 24, 2021, Introduced by Reps. Meerman,
Brann, Lightner, Whiteford, Borton, Rendon, Paquette, Bezotte, Farrington,
Bellino, Wozniak, O'Malley and Calley and referred to the Committee on
Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 5553, 5555, 5557, and 5561 (MCL 333.5553, 333.5555, 333.5557, and 333.5561), as added by 2014 PA 269.
the people of the state of michigan enact:
Sec. 5553. (1)
"Contact lens" means a lens placed directly on the surface of the
eye, regardless of whether it is intended to correct a visual defect. Contact
lens includes, but is not limited to, a cosmetic, therapeutic, or corrective
lens.
(2) "Department" means the department of licensing
and regulatory affairs.
(3) "Diagnostic contact lens" means a contact lens
used to determine a proper contact lens fit.
(4) "Examination and evaluation", for the purpose
of writing a valid prescription, means an assessment of the ocular health and
visual status of a patient that does not consist solely of objective refractive
data or information generated by an automated refracting device or other
automated testing device. An examination and
evaluation may occur through telemedicine if the standard of care is maintained
at the same level as if the examination and evaluation were performed in
person.
Sec. 5555. (1)
"Licensee" means any of the following:
(a) A physician who is licensed or otherwise authorized to
engage in the practice of medicine under part 170 and who specializes in eye
care.
(b) A physician who is licensed or otherwise authorized to
engage in the practice of osteopathic medicine and surgery under part 175 and
who specializes in eye care.
(c) An optometrist who is licensed or otherwise authorized to
engage in the practice of optometry under part 174.
(2) "Spectacles" means an optical instrument or
device worn or used by an individual that has 1 or more lenses designed to
correct or enhance vision to address the visual needs of the individual wearer
and commonly known as glasses, including spectacles that may be adjusted by the
wearer to achieve different types or levels of visual correction or
enhancement.
(3)
"Telemedicine" means the use of electronic media to link a patient
with a licensee in a different location. To be considered telemedicine for
purposes of this part, the licensee must be able to examine and evaluate the
patient via a health insurance portability and accountability act of 1996,
Public Law 104-191, compliant, secure interactive audio or video, or both,
telecommunications system, or through the use of store and forward online technology.
Sec. 5557.
"Valid prescription" means 1 of the following, as applicable:
(a) For a contact lens, a written or electronic order by a
licensee who has conducted an examination and evaluation of a patient and has
determined a satisfactory fit for the contact lens based on an analysis of the
physiological compatibility of the lens on the cornea and the physical fit and
refractive functionality of the lens on the patient's eye
for the initial contact lens prescription. To be a valid
prescription under this subdivision, it must include at least all of the
following information:
(i) A statement that the
prescription is for a contact lens.
(ii) The contact lens type or brand name, or for a private label
contact lens, the name of the manufacturer, trade name of the private label
brand, and, if applicable, trade name of the equivalent or similar brand.
(iii) All specifications necessary to order and fabricate the
contact lens, including power, material, base curve or appropriate designation,
and diameter, if applicable.
(iv) The quantity of contact lenses to be dispensed.
(v) The number of refills.
(vi) Specific wearing instructions and contact lens disposal
parameters, if any.
(vii) The patient's name.
(viii) The date of the examination and evaluation.
(ix) The date the prescription is originated.
(x) The prescribing licensee's name, address, and telephone
number.
(xi) The prescribing licensee's written or electronic signature,
or other form of authentication.
(xii) An expiration date of not less than 1 year from the date of
the examination and evaluation or a statement of the reasons why a shorter time
is appropriate based on the medical needs of the patient.
(b) For spectacles, a
written or electronic order by a licensee who has examined and evaluated a
patient. To be a valid prescription under this subdivision, it must include at
least all of the following information:
(i) A statement that the prescription is for spectacles.
(ii) As applicable and as specified for each eye, the lens power
including the spherical power, cylindrical power including axis, prism, and
power of the multifocal addition.
(iii) Any special requirements, the omission of which would, in
the opinion of the prescribing licensee, adversely affect the vision or ocular
health of the patient. As used in this subparagraph, "special
requirements" includes, but is not limited to, type of lens design, lens
material, tint, or lens treatments.
(iv) The patient's name.
(v) The date of the examination and evaluation.
(vi) The date the prescription is originated.
(vii) The prescribing licensee's name, address, and telephone
number.
(viii) The prescribing licensee's written or electronic signature,
or other form of authentication.
(ix) An expiration date of not less than 1 year from the date of
the examination and evaluation or a statement of the reasons why a shorter time
is appropriate based on the medical needs of the patient.
Sec. 5561. (1) A
person shall not do any of the following:
(a) Employ objective or subjective physical means to
determine the accommodative or refractive condition or range of power of vision
or muscular equilibrium of the human eye as
the sole basis for issuing a prescription unless that activity is
performed by a licensee or under the supervision of a licensee.
(b) Prescribe spectacles or contact lenses based on a
determination described in subdivision (a) unless that activity is performed by
a licensee.
(c) Dispense, give, or sell spectacles or contact lenses unless
dispensed, given, or sold pursuant to a valid prescription.
(d) Use an automated refractor or other automated testing
device to generate objective refractive data unless that use is by a licensee
or under the supervision of a licensee.
(2) As used in this section, "supervision" means that term as defined in section 16109.