§7603 Prescriber Verification

Summary

Sellers may only sell contact lenses if they have a prescription given by the patient or prescriber, or if the seller verifies the prescription by direct contact. To verify, the seller must give the prescriber the patient’s full name and address; the lens power, maker, base curve or other sizing and diameter when needed; how many lenses are ordered; the date of the patient’s request; the date and time the seller asked for verification; and the seller contact’s name, fax, and phone. The prescriber must confirm the prescription, correct it, or say it is invalid. If the prescriber does not reply within 8 business hours (or another time set by the FTC), the prescription is treated as verified. If the prescriber replies before then saying it is inaccurate, expired, or invalid, the seller must not fill it and the prescriber must say why. Sellers must keep a record of all these direct verification contacts. Sellers cannot change a prescription, except they may fill it with the same lens made by the same manufacturer even if it is sold under a different label. Direct communication means phone, fax, or email.