§7603 Prescriber verification

Summary

Sellers may only sell contact lenses when they have a prescription the patient or the prescriber (eye doctor) gives them, or when the seller checks the prescription directly with the prescriber. Sellers must keep a record of those direct checks. When asking a prescriber to verify a prescription, the seller must give the patient’s name and address, the lens details (power, maker, base curve or other designation, and diameter if needed), how many lenses, when the patient asked, when the seller asked, and the seller contact’s name, fax, and phone. A prescription is verified if the prescriber confirms it, provides a corrected prescription, or does not reply within 8 business hours (or a similar FTC time) after getting the seller’s information. If the prescriber tells the seller before that deadline that the prescription is wrong, expired, or invalid, the seller must not fill it, and the prescriber must explain or correct it. Sellers cannot change prescriptions, except they may fill the same manufacturer’s lens sold under another label. “Direct communication” means phone, fax, or email.