---
kind: "section"
citation: "16 C.F.R. § 456.4"
title: "16"
number: "456.4"
heading: "Confirmation of prescription release."
url: "https://uscodex.org/cfr/16/456.4"
---

# §456.4. Confirmation of prescription release.

- (a)
  - (1) Upon completion of a refractive eye examination, and after providing a copy of the prescription to the patient, the prescriber shall do one of the following:
    - (i) If a paper copy of the prescription was provided to the patient, request that the patient acknowledge receipt of the prescription by signing a separate statement on paper or in a digital format confirming receipt of the prescription; or
    - (ii) If a digital copy of the prescription was provided to the patient (via methods including an online portal, electronic mail, or text message, and pursuant to [§ 456.3](/cfr/16/456.3.md)), retain evidence that such prescription was sent, received, or made accessible, downloadable, and printable.
  - (2) If the prescriber elects to confirm prescription release via [paragraph (a)(1)(i)](#a-1-i) 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 prescription at the completion of my examination” to satisfy the requirement.
  - (3) In the event the patient declines to sign a confirmation requested under [paragraph (a)(1)(i)](#a-1-i) of this section, the prescriber shall note the patient's refusal on the document and sign it.
- (b) A prescriber shall maintain the records or evidence required under [paragraph (a)](#a) 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.
- (c) Paragraphs [(a)](#a) and [(b)](#b) of this section shall not apply to prescribers who do not have a direct or indirect financial interest in the sale of eye wear, including, but not limited to, through an association, affiliation, or co-location with an optical dispenser.

## Notes

### Amendments

[89 FR 60775, July 26, 2024]

### Authority

Authority: 15 U.S.C. 57a.

### Source

Source: 57 FR 18822, May 1, 1992, unless otherwise noted.

### Amendments

[89 FR 60775, July 26, 2024]