Eye care consumer protections approved

Lawmakers gave final approval April 13 to a bill that updates regulation of eyeglass kiosks and other devices.

LB235, introduced by Omaha Sen. Sara Howard, places restrictions on kiosks—defined as automated equipment or applications used to conduct an eye examination either in person or remotely.

Under the bill, a kiosk must:
• be approved by the federal Food and Drug Administration;
• meet Americans With Disabilities Act requirements;
• carry liability insurance adequate to cover claims;
• comply with the Health Insurance Portability and Accountability Act;
• have a recognized Current Procedural Terminology code; and
• display the name and state license number of the provider who will read and interpret the diagnostic data and information produced by the kiosk.

Violations may incur a civil penalty up to $10,000 per violation and the attorney general may file a civil action at the request of the state Department of Health and Human Services. Investigation and complaint review will be done in accordance with the Uniform Credentialing Act.

The bill also limits the strength of over-the-counter eyeglasses to +3.25 diopters.

LB235 passed on a 49-0 vote.

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