---
kind: "section"
citation: "16 C.F.R. § 315.3"
title: "16"
number: "315.3"
heading: "Availability of contact lens prescriptions to patients."
url: "https://uscodex.org/cfr/16/315.3"
---

# §315.3. Availability of contact lens prescriptions to patients.

- (a) **In general.** When a prescriber completes a contact lens fitting, the prescriber:
  - (1) Whether or not requested by the patient, shall provide to the patient a copy of the contact lens prescription;
  - (2) Shall, as directed by any person designated to act on behalf of the patient, verify the contact lens prescription by electronic or other means; and
  - (3) Shall, upon request, provide any person designated to act on behalf of the patient with a copy of the patient's contact lens prescription by electronic or other means within forty (40) business hours of receipt of the request. A prescriber shall note in the patient's record the name of the requester and the date and time that the prescription was provided to the requester.
- (b) **Limitations.** A prescriber may not:
  - (1) Require the purchase of contact lenses from the prescriber or from another person as a condition of providing a copy of a prescription under paragraph [(a)(1)](#a-1) or [(a)(3)](#a-3) of this section or as a condition of verification of a prescription under [paragraph (a)(2)](#a-2) of this section;
  - (2) Require payment in addition to, or as part of, the fee for an eye examination, fitting, and evaluation as a condition of providing a copy of a prescription under paragraph [(a)(1)](#a-1) or [(a)(3)](#a-3) of this section or as a condition of verification of a prescription under [paragraph (a)(2)](#a-2) of this section; or
  - (3) Require the patient to sign a waiver or release as a condition of releasing or verifying a prescription under paragraph [(a)(1)](#a-1), [(a)(2)](#a-2), or [(a)(3)](#a-3) of this section.
- (c) **Confirmation of prescription release.**
  - (1)
    - (i) Upon completion of a contact lens fitting, the prescriber shall do one of the following:
      - (A) Request that the patient acknowledge receipt of the contact lens prescription by signing a statement confirming receipt of the contact lens prescription;
      - (B) Request that the patient sign a prescriber-retained copy of a contact lens prescription that contains a statement confirming receipt of the contact lens prescription;
      - (C) Request that the patient sign a prescriber-retained copy of the receipt for the examination that contains a statement confirming receipt of the contact lens prescription; or
      - (D) If a digital copy of the prescription was provided to the patient (via methods including an online portal, electronic mail, or text message) in compliance with [paragraph (a)(1)](#a-1) of this section, retain evidence that the prescription was sent, received, or made accessible, downloadable, and printable.
    - (ii) If the prescriber elects to confirm prescription release via paragraphs [(c)(1)(i)(A)](#c-1-i-A), [(B)](#c-1-i-B), or [(C)](#c-1-i-C) of this section, the prescriber may, but is not required to, use the statement, “My eye care professional provided me with a copy of my contact lens prescription at the completion of my contact lens fitting” to satisfy the requirement.
    - (iii) In the event the patient declines to sign a confirmation requested under paragraph [(c)(1)(i)(A)](#c-1-i-A), [(B)](#c-1-i-B), or [(C)](#c-1-i-C) of this section, the prescriber shall note the patient's refusal on the document and sign it.
  - (2) A prescriber shall maintain the records or evidence required under [paragraph (c)(1)](#c-1) of this section for a period of not less than three years. Such records or evidence shall be available for inspection by the Federal Trade Commission, its employees, and its representatives.
  - (3) Paragraphs [(c)(1)](#c-1) and [(c)(2)](#c-2) of this section shall not apply to prescribers who do not have a direct or indirect financial interest in the sale of contact lenses, including, but not limited to, through an association, affiliation, or co-location with a contact lens seller.

## Notes

### Amendments

[69 FR 40508, July 2, 2004, as amended at 85 FR 50717, Aug. 17, 2020]

### Authority

Authority: 15 U.S.C. 7601-7610.

### Source

Source: 69 FR 40508, July 2, 2004, unless otherwise noted.

### Amendments

[69 FR 40508, July 2, 2004, as amended at 85 FR 50717, Aug. 17, 2020]