Title 15, Commerce and TradeRelease 119-110

§7603 Prescriber Verification

Title 15 › CHAPTER 102 — FAIRNESS TO CONTACT LENS CONSUMERS › § 7603

Last updated Sep 22, 2026|Official source

Summary

Sellers must only sell contact lenses if they have a prescription given by the patient or the prescriber, or if the seller checks the prescription by direct communication. Sellers must keep a record of those direct communications. When asking a prescriber to verify a prescription, the seller must give the patient’s full name and address, the lens details (power, maker, base curve or other designation, and diameter when needed), how many lenses are ordered, the date the patient asked, the date and time of the verification request, and the seller’s contact person with fax and phone. A prescription is verified if the prescriber confirms it, tells the seller it is wrong and gives the correct one, or does not reply within 8 business hours (or a similar time set by the Federal Trade Commission). If the prescriber says before that deadline the prescription is inaccurate, expired, or invalid, the seller must not fill it and the prescriber must say why. Sellers may not change prescriptions, except they may fill with the same company’s lens sold under another label. Direct communication means phone, fax, or email.

Full Legal Text

Title 15, §7603

Commerce and Trade, Source: USLM XML via OLRC

(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 chapter 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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 60 days after Dec. 6, 2003, see section 12 of Pub. L. 108–164, set out as a note under section 7601 of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 7603

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110