06 AM
33 0508
ADOPTED
SENATE
Senator Mullis of the 53rd offered the following amendment:
Amend
HB 881 by inserting between lines 12 and 13 of page 2:
"(b.1)(1)
Beginning July 1, 2006, a manufacturer of contact lenses doing business in the
state shall certify by affidavit to the Attorney General those brands of contact
lenses produced, marketed, distributed, or sold by the manufacturer in the state
that are made available in a commercially reasonable and nondiscriminatory
manner to prescribers; entities associated with prescribers; and alternative
channels of distribution.
(2)
Notwithstanding any other provision of law, a manufacturer shall only sell,
market, or distribute lenses in Georgia that have been certified under paragraph
(1) of this subsection.
(3)
This subsection shall not apply to rigid gas permeable lenses; bitoric gas
permeable lenses; bifocal gas permeable lenses; keratoconus lenses; custom soft
toric lenses that are manufactured for an individual patient and are not mass
marketed or mass produced; or custom designed lenses that are manufactured for
an individual patient and are not mass marketed or mass produced.
(4)
Any time a brand ceases to be made available after July 1, 2006, the
manufacturer shall immediately certify that fact by affidavit to the Attorney
General.
(5)
Nothing in this subsection shall be construed to require a prescriber to stock,
sell, or prescribe any specific type brand or specific
manufactureŕs
line of contact lenses.
(6)
A knowing and intentional violation of this subsection shall constitute a
misdemeanor.
The
Attorney General may bring a civil action pursuant to this
subsection."