06 LC 21
8818
House
Bill 1446
By:
Representatives Butler of the
18th,
Burmeister of the
119th,
Randall of the
138th,
and Bearden of the
68th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 31 of the Official Code of Georgia Annotated, relating to health, so
as to enact the "Contact Lens Consumer Protection Act"; to provide a short
title; to provide a statement of policy; to define certain terms; to prohibit
certain sales practices; to provide for penalties and enforcement; to provide
for related editorial revisions; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended by
redesignating Code Section 31-12-12, relating to restrictions on sale or
dispensing of contact lenses, responsibilities relating to prescriptions,
criminal violations, and enforcement, as new Code Section 31-46-1 in Article 1
of new Chapter 46, reserving the former Code Section 31-12-12 designation, and
by adding a new article to read as follows:
"ARTICLE
2
31-46-20.
This
act shall be known and may be cited as the 'Contact Lens Consumer Protection
Act.'
31-46-21.
It
is the policy of the State of Georgia that citizens who wear contact lenses
pursuant to a valid prescription should not be denied the opportunity to
purchase their contact lenses from the retailer of their choice.
31-46-22.
As
used in this act, the following term:
(1)
'Alternative channels of distribution' means any mail-order company, Internet
retailer, pharmacy, buying club, department store, or mass merchandise outlet
without regard to whether it is associated with a prescriber unless the account
meets the definition of a competitor as provided for in paragraph (2) of this
Code section.
(2)
'Competitor' means an entity that manufacturers contact lenses and wholesales
those lenses within this state in direct competition with any other
manufacturer.
(3)
'Manufacturer' means the manufacturer, its parents, subsidiaries, affiliates,
successors, and assigns.
(4)
'Prescriber' means an individual licensed or authorized to prescribe contact
lenses under the laws of this state.
31-46-23.
Notwithstanding
any other provision of law, on and after September 1, 2006, a manufacturer that
sells contact lenses to any resident of this state shall make any contact lens
it produces, markets, distributes, or sells in this state available in a
commercially reasonable and nondiscriminatory manner to prescribers and entities
associated with prescribers and to alternative channels of
distribution.
31-46-24.
Nothing
in Section 31-46-23 is intended to require a manufacturer to:
(1)
Sell to a competitor;
(2)
Sell contact lenses to different contact lens distributors or customers at the
same price;
(3)
Open or maintain an account for a contact lens seller found to be in violation
of applicable Georgia and federal law regarding the sale of contact
lenses;
(4)
Decide whether a low volume account with a contact lens seller is a direct
account or handled through a distributor; or
(5)
Sell to customers in all geographic areas lenses that are being test marketed on
a limited basis in one geographic area.
31-46-25.
(a)
A knowing and intentional violation of Code Section 31-46-23 shall constitute a
misdemeanor.
(b)
The attorney general may bring a civil action or seek an injunction and a civil
penalty not to exceed $10,000.00 for every day a person, entity, or manufacturer
violates the provisions of Code Section
31-46-23."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.