§7610. Definitions — Inbound Citations
15 U.S.C. § 7610
Cited by 24 provisions in release 119-102.
Citations to §7610(1)
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(a) 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; and(2) shall, as directed by any person designated to act on behalf of the patient, provide or verify the contact lens prescription by electronic or other means.
Citations to §7610(2)
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(a) 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; and(2) shall, as directed by any person designated to act on behalf of the patient, provide or verify the contact lens prescription by electronic or other means.
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(b) A prescriber may not—(1) require purchase of contact lenses from the prescriber or from another person as a condition of providing a copy of a prescription under subsection (a)(1) or (a)(2) or verification of a prescription under subsection (a)(2);(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 subsection (a)(1) or (a)(2) or verification of a prescription under subsection (a)(2); or(3) require the patient to sign a waiver or release as a condition of verifying or releasing a prescription.
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(1) require purchase of contact lenses from the prescriber or from another person as a condition of providing a copy of a prescription under subsection (a)(1) or (a)(2) or verification of a prescription under subsection (a)(2);
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A prescriber may require payment of fees for an eye examination, fitting, and evaluation before the release of a contact lens prescription, but only if the prescriber requires immediate payment in the case of an examination that reveals no requirement for ophthalmic goods. For purposes of the preceding sentence, presentation of proof of insurance coverage for that service shall be deemed to be a payment.
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(1) presented to the seller by the patient or prescriber directly or by facsimile; or
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(c) 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.
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(1) The prescriber confirms the prescription is accurate by direct communication with the seller.
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(2) The prescriber informs the seller that the prescription is inaccurate and provides the accurate prescription.
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(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).
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(e) 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.
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(3) notwithstanding paragraphs (1) and (2), on the date specified by the prescriber, if that date is based on the medical judgment of the prescriber with respect to the ocular health of the patient.
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(b) If a prescription expires in less than 1 year, the reasons for the judgment referred to in subsection (a)(3) shall be documented in the patient’s medical record. In no circumstance shall the prescription expiration date be less than the period of time recommended by the prescriber for a reexamination of the patient that is medically necessary.
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A prescriber may not place on the prescription, or require the patient to sign, or deliver to the patient a form or notice waiving or disclaiming the liability or responsibility of the prescriber for the accuracy of the eye examination. The preceding sentence does not impose liability on a prescriber for the ophthalmic goods and services dispensed by another seller pursuant to the prescriber’s correctly verified prescription.
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(1) Incidence of exclusive relationships between prescribers or sellers and contact lens manufacturers and the impact of such relationships on competition.
Citations to §7610(3)
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(1) whether or not requested by the patient, shall provide to the patient a copy of the contact lens prescription; and
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(2) shall, as directed by any person designated to act on behalf of the patient, provide or verify the contact lens prescription by electronic or other means.
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A prescriber may require payment of fees for an eye examination, fitting, and evaluation before the release of a contact lens prescription, but only if the prescriber requires immediate payment in the case of an examination that reveals no requirement for ophthalmic goods. For purposes of the preceding sentence, presentation of proof of insurance coverage for that service shall be deemed to be a payment.
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(a) 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.
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(c) 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.
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(e) 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.
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(f) 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.
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(a) A contact lens prescription shall expire—(1) on the date specified by the law of the State in which the prescription was written, if that date is one year or more after the issue date of the prescription;(2) not less than one year after the issue date of the prescription if such State law specifies no date or a date that is less than one year after the issue date of the prescription; or(3) notwithstanding paragraphs (1) and (2), on the date specified by the prescriber, if that date is based on the medical judgment of the prescriber with respect to the ocular health of the patient.
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(3) Incidence, if any, of contact lens prescriptions that specify brand name or custom labeled contact lenses, the reasons for the incidence, and the effect on consumers and competition.