Bill Text: NH HB284 | 2011 | Regular Session | Introduced
Bill Title: Relative to contact lens prescriptions.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2011-06-08 - House Signed by Governor 06/02/2011; Effective 08/01/2011; Chapter 0121 [HB284 Detail]
Download: New_Hampshire-2011-HB284-Introduced.html
HB 284-FN – AS INTRODUCED
2011 SESSION
10/01
HOUSE BILL 284-FN
AN ACT relative to contact lens prescriptions.
SPONSORS: Rep. Case, Rock 1; Rep. Cebrowski, Hills 18; Rep. Bulis, Graf 1; Rep. DiPentima, Rock 16; Rep. Cunningham, Sull 2
COMMITTEE: Health, Human Services and Elderly Affairs
This bill clarifies the requirement that contact lenses be issued by a valid prescription and includes in the requirement contact lenses without refractive power.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0551
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to contact lens prescriptions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Optometry; Definitions; Pharmaceutical Agent. Amend RSA 327:1, IV(e) to read as follows:
(e) The application, prescribing, or removal of Food and Drug Administration approved medical devices, as approved by the board and consistent with the practice of optometry as set forth in this chapter, including, but not limited to, contact lenses and punctal plugs. The term “contact lenses” shall include contact lenses with no refractive power (plano lenses).
2 New Paragraph; Contact Lens Prescriptions. Amend RSA 327:25-a by inserting after paragraph V the following new paragraph:
VI. No person shall sell contact lenses without a valid prescription as defined in paragraph V.
3 New Paragraphs; Penalty. Amend RSA 327:30 by inserting after paragraph III the following new paragraphs:
IV. The board is authorized to issue a cease and desist order against any person or entity engaged acting in violation of this chapter. The cease and desist order shall be enforceable in superior court.
V. The attorney general, the board, or the prosecuting attorney of any county or municipality where the violation takes place may maintain an action to enjoin any person or entity from continuing to violate the provisions of this chapter. The action to enjoin shall not replace any other civil, criminal or regulatory remedy. An injunction without bond is available to the board.
4 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0551
Revised 02/01/11
HB 284 FISCAL NOTE
AN ACT relative to contact lens prescriptions.
FISCAL IMPACT:
The Judicial Branch and the Judicial Council state this bill may increase state expenditures by an indeterminable amount in FY 2012 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenue.
METHODOLOGY:
The Judicial Branch states this bill will add RSA 327:25-a, VI prohibiting the sale of contact lenses, including contact lenses with no refractive power, without a valid prescription. The Branch states pursuant to RSA 237:30, I, violations of this added provision would be a class A misdemeanor for a natural person or an unspecified felony for any other person. The Branch has no information on which to estimate how many new class A misdemeanors or felonies will be brought for violations of the proposed new section. The Branch does however have information on the average cost of processing a class A misdemeanor or a felony in the trial courts. The cost to the branch for an average class A misdemeanor charge in the district court will be $60.03 in FY 2012 and $60.88 in FY 2013. The cost to the Branch for a routine felony charge in the superior court will be $394.13 in FY 2012 and $399.33 in FY 2013. These costs do not take into consideration any appeals. The potential for appeals increases the likelihood that the fiscal impact to the Branch could be in excess of $10,000. In addition the Branch notes the proposed legislation allows for actions in the superior court to enforce cease and desist orders and for injunction actions. The Branch states any such enforcement or injunction actions would be classified as complex equity cases. The Branch has no information on which to estimate how many new enforcement or injunction actions would be brought as a result of the proposed legislation. The Branch does however have information on the average cost of processing a complex equity case in the superior court. The cost to the Branch for an average complex equity case in the superior court will be $589.85 in FY 2012 and $595.70 in FY 2013. These costs do not take into consideration any appeals that may be taken following the trial. The potential for appeals increase the likelihood that the fiscal impact to the Branch could be in excess of $10,000.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The Department of Justice states the proposed legislation will result in no significant fiscal impact to the Department.
The New Hampshire Association of Counties states the proposed legislation will result in no significant fiscal impact to the counties.
