Page:United States Statutes at Large Volume 117.djvu/2044

 PUBLIC LAW 108–164—DEC. 6, 2003

117 STAT. 2025

(1) presented to the seller by the patient or prescriber directly or by facsimile; or (2) verified by direct communication. (b) RECORD REQUIREMENT.—A seller shall maintain a record of all direct communications referred to in subsection (a). (c) INFORMATION.—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. (d) VERIFICATION EVENTS.—A prescription is verified under this Act only if one of the following occurs: (1) The prescriber confirms the prescription is accurate by direct communication with the seller. (2) The prescriber informs the seller that the prescription is inaccurate and provides the accurate prescription. (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). (e) INVALID PRESCRIPTION.—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. (f) NO ALTERATION.—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. (g) DIRECT COMMUNICATION.—As used in this section, the term ‘‘direct communication’’ includes communication by telephone, facsimile, or electronic mail. SEC. 5. EXPIRATION OF CONTACT LENS PRESCRIPTIONS.

15 USC 7604.

(a) IN GENERAL.—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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