Title 15 — Commerce and Trade
Chapter 102 — Fairness to Contact Lens Consumers
§ 7603. Prescriber verification
Statutory text
Prescription requirement
A seller may sell contact lenses only in accordance with a contact lens prescription for the patient that is—
presented to the seller by the patient or prescriber directly or by facsimile; or
verified by direct communication.
Record requirement
A seller shall maintain a record of all direct communications referred to in subsection (a).
Information
When seeking verification of a contact lens prescription, a seller shall provide the prescriber with the following information:
Patient’s full name and address.
Contact lens power, manufacturer, base curve or appropriate designation, and diameter when appropriate.
Quantity of lenses ordered.
Date of patient request.
Date and time of verification request.
Name of contact person at seller’s company, including facsimile and telephone number.
Verification events
A prescription is verified under this chapter only if one of the following occurs:
The prescriber confirms the prescription is accurate by direct communication with the seller.
The prescriber informs the seller that the prescription is inaccurate and provides the accurate prescription.
The prescriber fails to communicate with the seller within 8 business hours, or a similar time as defined by the Federal Trade Commission, after receiving from the seller the information described in subsection (c).
Invalid prescription
If a prescriber informs a seller before the deadline under subsection (d)(3) that the contact lens prescription is inaccurate, expired, or otherwise invalid, the seller shall not fill the prescription. The prescriber shall specify the basis for the inaccuracy or invalidity of the prescription. If the prescription communicated by the seller to the prescriber is inaccurate, the prescriber shall correct it.
No alteration
A seller may not alter a contact lens prescription. Notwithstanding the preceding sentence, if the same contact lens is manufactured by the same company and sold under multiple labels to individual providers, the seller may fill the prescription with a contact lens manufactured by that company under another label.
Direct communication
As used in this section, the term “direct communication” includes communication by telephone, facsimile, or electronic mail.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Fairness to Contact Lens Consumers Act
Pub. L. 108–164 § 4 · 117 Stat. 2025
Enacted · 15 U.S.C. § 7603
(Pub. L. 108–164, § 4, Dec. 6, 2003, 117 Stat. 2024.)
Source evidence
Code source credit
(Pub. L. 108–164, § 4, Dec. 6, 2003, 117 Stat. 2024.)Enacted provision · exact public law section
SEC. 4. PRESCRIBER VERIFICATION. (a) Prescription Requirement.— A seller may sell contact lenses only in accordance with a contact lens prescription for the patient that is— (1) presented to the seller by the patient or prescriber directly or by facsimile; or (2) verified by direct communication. (b) Record Requirement.— A seller shall maintain a record of all direct communications referred to in subsection (a). (c) Information.— When seeking verification of a contact lens prescription, a seller shall provide the prescriber with the following information: (1) Patient’s full name and address. (2) Contact lens power, manufacturer, base curve or appropriate designation, and diameter when appropriate. (3) Quantity of lenses ordered. (4) Date of patient request. (5) Date and time of verification request. (6) Name of contact person at seller’s company, including facsimile and telephone number. (d) Verification Events.— A prescription is verified under this Act only if one of the following occurs: (1) The prescriber confirms the prescription is accurate by direct communication with the seller. (2) The prescriber informs the seller that the prescription is inaccurate and provides the accurate prescription. (3) The prescriber fails to communicate with the seller within 8 business hours, or a similar time as defined by the Federal Trade Commission, after receiving from the seller the information described in subsection (c). (e) Invalid Prescription.— If a prescriber informs a seller before the deadline under subsection (d)(3) that the contact lens prescription is inaccurate, expired, or otherwise invalid, the seller shall not fill the prescription. The prescriber shall specify the basis for the inaccuracy or invalidity of the prescription. If the prescription communicated by the seller to the prescriber is inaccurate, the prescriber shall correct it. (f) No Alteration.— A seller may not alter a contact lens prescription. Notwithstanding the preceding sentence, if the same contact lens is manufactured by the same company and sold under multiple labels to individual providers, the seller may fill the prescription with a contact lens manufactured by that company under another label. (g) Direct Communication.— As used in this section, the term “direct communication” includes communication by telephone, facsimile, or electronic mail.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 60 days after , see section 12 of Pub. L. 108–164, set out as a note under section 7601 of this title.