§ 14-507. Contact lens prescriptions

   (a) Definitions. --

   (1) In this section the following words have the meanings indicated.

   (2) "Replacement contact lens prescription" means a prescription prepared by a licensed physician containing the information specified in this section and written expressly for the purpose of providing lenses which have already been properly fitted.

   (3) "Immediate follow-up care" is that period of contact lens fitting time required to reach a contact lens prescription that is appropriate to the documented clinical needs of the patient.

(b) Contact lens prescription. -- A licensed physician shall ensure that each replacement contact lens prescription that the licensed optometrist prescribes for contact lenses:

   (1) Contains all the information necessary for the replacement contact lens prescription to be properly dispensed, including but not limited to the:

      (i) Lens manufacturer;

      (ii) Type of lens;

      (iii) Power of the lens;

      (iv) Base curve;

      (v) Lens size;

      (vi) Name of the patient;

      (vii) Date the prescription was given to the patient;

      (viii) Name and office location of the licensed physician who writes the replacement contact lens prescription; and

      (ix) Expiration date of the replacement contact lens prescription; and

   (2) Is reduced to writing and placed in the patient's permanent file.

(c) Patient's request. --

   (1) (i) After a licensed physician releases the patient from immediate follow-up care, the patient may request the replacement contact lens prescription from the licensed physician.

      (ii) If, after examination, the patient's prescription has not changed since the last examination, a licensed physician shall comply with the provisions of paragraph (2) of this subsection without requiring the patient to purchase contact lenses or to undergo immediate follow-up care.

   (2) (i) Upon the request of a patient of a licensed physician, and without cost to the patient, the licensed physician shall provide the patient's replacement contact lens prescription to the patient or the patient's designee.

      (ii) In responding to a request under paragraph (1) (i) of this subsection, a licensed physician shall transmit the contact lens prescription by mail, telephone, facsimile, e-mail, or any other means of communication that will, under normal circumstances, result in the designee receiving the information within 7 business days after the patient's request.

      (iii) The replacement contact lens prescription that the licensed physician provides the patient under subparagraph (i) of this paragraph:

         1. Shall contain the information necessary for the proper duplication of the current prescription of the patient;

         2. Shall contain, subject to the provisions of subsection (d) of this section, an expiration date for the replacement contact lens prescription of not more than 24 months from the time the patient was first examined; and

         3. May contain wearing guidelines or specific instructions for use of the contact lenses by the patient, or both.

(d) Explanation of expiration date. -- The licensed physician shall enter into the patient's medical record the valid clinical reasons for a shorter expiration date and shall provide the patient with a written and oral explanation of the clinical reasons for a shorter expiration date.

(e) Liability. -- When a patient's prescription is dispensed by a person other than the licensed physician or a person associated directly or indirectly with the licensed physician, the licensed physician is not liable for any injury to or condition of a patient caused solely by the negligence of the dispenser.

(f) Warning statement. -- A licensed physician who releases a replacement contact lens prescription to a patient may provide the patient with a written statement that wearing improperly fitted contact lenses may cause harm to the patient's eyes and that the patient should have an eye examination if there are any changes in the patient's vision, including pain or vision loss.

(g) Records. --

   (1) A licensed physician who fills or provides a contact lens prescription shall maintain a record of that prescription in accordance with § 4-403 of the Health - General Article.

   (2) A person other than a licensed physician who fills a contact lens prescription shall maintain a record of that prescription for 5 years.

(h) Penalties. -- The Board may impose a civil fine of no more than $ 1,000 on a licensed physician who fails to provide a replacement contact lens prescription or who knowingly dispenses contact lenses without a valid and unexpired replacement contact lens prescription, or who otherwise fails to comply with this title.

HISTORY: 1998, ch. 626.