58-16a-801 - Contact lens seller or provider. - Utah Statutes

58-16a-801. Contact lens seller or provider.
(1) A person may sell or provide contact lenses if the person:
(a) does so in the ordinary course of trade from a permanently located and establishedplace of business;
(b) does not perform refractions, over-refractions, or attempts to traffic upon assumedskill in testing the eye;
(c) provides all contact lenses consistent with and in accordance with a valid contact lensprescription;
(d) does not fit contact lenses;
(e) provides a contact lens to a patient after:
(i) receiving an unexpired verbal or written prescription; or
(ii) sending a contact lens prescription verification to the prescribing optometrist orphysician, regardless of whether the prescribing optometrist or physician responds to or confirmsthe verification, provided that:
(A) the person has all of the information necessary to fill the prescription;
(B) the prescribing optometrist or physician has not informed the person that theprescription has expired or is otherwise inaccurate prior to the person shipping or hand-deliveringthe contact lens to the patient;
(C) the person confirms a valid, unexpired contact lens prescription for the patient if theperson is aware that the patient provided inaccurate prescription information in his last order; and
(D) the person informs the patient that the prescription has expired or that there is amedical problem associated with the prescription if the information is communicated by theprescribing optometrist or physician to the person within 72 hours of the contact lens prescriptionverification being sent; and
(f) maintains patient information, including the method and date of any prescriptionverification, for no less than seven years.
(2) Nothing in this section may be construed as requiring a person to be licensed orcertified in any way under this or any another chapter of this title to sell contact lenses inaccordance with Subsection (1).

Amended by Chapter 48, 2004 General Session