32-1774

32-1774. Dispensing replacement soft contact
lenses by qualified dispensers; prescriptions; filling

A. A nonresident dispenser may not fill a prescription for replacement soft contact
lenses without first having registered with the board. A qualified dispenser may fill a
prescription for replacement soft contact lenses only as provided in this section.

B. A qualified dispenser may fill a prescription for replacement soft contact
lenses that meets all of the following requirements:

1. Conforms to state and federal statutes and regulations governing those
prescriptions and includes the name, office address, signature and state license number
of the prescribing physician or optometrist.

2. Explicitly states the date of issuance.

3. Explicitly states that the prescription is for contact lenses and includes the
lens brand name, type, tint and all other specifications necessary to accurately dispense
the prescription.

C. The qualified dispenser shall fill the prescription with the exact lenses
prescribed and no substitutions shall be made. The expiration date of the prescription
shall be the earlier of the expiration date provided by the prescribing physician or
optometrist or one year after the date of issuance. The qualified dispenser shall fill a
refill of a prescription that is within sixty days of its expiration date with no more
than the sufficient quantity of replacement soft contact lenses needed through the
expiration date. The qualified dispenser shall ensure that prescriptions are filled
accurately.

D. The qualified dispenser shall provide the following or substantially equivalent
written notification to the patient whenever contact lenses are supplied:

Warning: If you are having any unexplained eye discomfort, watering, vision
change or redness, remove your lenses immediately and consult your eye care
practitioner before wearing your lenses again.

E. Any advertisement by a qualified dispenser for replacement soft contact lenses
shall include all fees, charges and costs associated with the purchase of replacement
soft contact lenses from the qualified dispenser.

F. During its regular hours of operation, but at least six days per week and for at
least forty hours per week, a qualified nonresident dispenser shall maintain a toll free
telephone service to facilitate communication between patients in this state and a
registered dispenser who has access to the patient's records. This toll free number
shall be disclosed on a label affixed to each container of replacement soft contact
lenses dispensed to patients in this state.

G. Qualified dispensers shall maintain records of replacement soft contact lenses
dispensed to patients in this state separate from records for patients in other states
such that the records for patients in this state are readily retrievable. Records shall
be maintained for a period of at least three years. Records shall be available for
inspection at the board's request.