Does a patient have to request a copy of their contact lens prescription?
NO. You must automatically give the patient a copy of their contact lens prescription whether or not the patient requests it.
When do I give the patient a copy of the patient's contact lens prescription?
The patient is entitled to a copy of the contact lens prescription when you complete a contact lens fitting for the patient. This is the point when you should give the patient a copy of the contact lens prescription.
Can I charge a patient a fee for providing them with a copy of their contact lens prescription or for verifying a contact lens prescription to a seller?
NO.
Can I refuse to give the patient a copy of the patient's contact lens prescription if the patient does not pay for their eye examination, fitting, and evaluation?
YES.
However, a patient cannot be denied a copy of their contact lens prescription just on the basis that the patient owes a past debt to the practice - it has to be based on a failure to pay for the current eye examination, fitting, and evaluation, and you have to require all patients to make such immediate payment.
And if the patient presents proof of insurance coverage for the service rendered, that constitutes an immediate payment and the patient must be given a copy of the patient's contact lens prescription.
Will the FTC fine me if I fail to verify a contact lens prescription to a seller?
NO.
The consequence is that the seller will be able to sell the patient the contact lenses.
Am I liable for the seller giving the patient incorrect contact lenses?
NO. You are not liable for the ophthalmic goods and services dispensed by another seller pursuant to your correctly verified prescription.
However, you would be liable to potential malpractice lawsuits if you incorrectly verify a prescription, or if you knowingly fail to correct an incorrect prescription that causes harm to your patient.
Can I have a patient sign a waiver of my liability for the accuracy of my eye examination?
NO.
You can neither require a patient to sign a liability waiver, nor place such a liability waiver on any contact lens prescription, nor deliver any such liability waiver form to a patient.
Can I have a patient sign a waiver or release of any kind as a condition of verifying or releasing the patient's contact lens prescription?
NO.
You cannot require the patient to sign a waiver or release of any kind as a condition of verifying or releasing the patient's contact lens prescription.
Can I require a patient to purchase contact lenses from me or another person as a condition of providing a copy of the patient's contact lens prescription or verifying a patients's contact lens prescription?
NO.
You cannot require a patient to purchase contact lenses from you or another person as a condition of providing a copy of the patient's contact lens prescription or verifying a patient's contact lens prescription.
What is the expiration date for a contact lens prescription?
The FCLCA sets a one year expiration date for contact lens prescriptions, unless a state law sets a longer expiration date.
If you have a valid medical reason with respect to the ocular health of the patient, you may set an expiration date shorter than one year. Such medical reasons would need to be well documented in the patient's record.
Can a seller dispense lenses if I verify that the contact lens prescription is expired, inaccurate, or otherwise invalid?
NO.
The seller can be fined by the FTC up to $11,000 per incident for filling a contact lens prescription that you have verified as being expired, inaccurate, or otherwise invalid.
However, if the prescription communicated to you by the seller is inaccurate, you must correct it.
Can the FTC fine the doctor for anything?
YES.
The doctor is subject to potential FTC fines of up to $11,000 per incident if they fail to obey the provisions of the FCLCA.
How long do I have to respond after receiving a Contact Lens Verification before the seller is allowed to fill it without verification?
8 business hours
What is the FTC and what is it's purpose?
Federal Trade Commission; enforces that eye care providers give their customers copies of their prescriptions
What is OSHA?
Occupational Safety and Health Administration
According to the FCLCA, who must you give contact lens prescription to within 40 business hours?
anyone who is designated to act on behalf of the patient, including contact lens sellers