Or. Admin. Code § 852-020-0031

Current through Register Vol. 63, No. 11, November 1, 2024

Section 852-020-0031 - Prescription Release

(1) An optometric physician must immediately give the signed written prescription to the patient at the time the doctor would provide spectacles or contact lenses without additional examination, even if the patient does not request the prescription. The optometric physician must confirm prescription release after final contact lens fitting through one of the following methods:

(a) Request the patient sign a statement confirming receipt of the contact lens prescription,

(b) Request the patient sign a prescriber-retained copy of the contact lens prescription that contains a statement confirming receipt of the contact lens prescription,

(c) Request that the patient sign a prescriber-retained copy of the receipt for the examination with a statement confirming receipt of the contact lens prescription or

(d) If a digital copy was provided to the patient, retain evidence that the prescription was sent, received or made accessible, downloadable and printable.

(2) The prescriber shall provide a contact lens prescription within 40 business hours of the receipt of the request. Prescriber shall note in the patient's record the name of the requestor and the date and time the prescription was provided.

(3) If the patient refuses to sign the prescription confirmation, the optometric physician shall note the patient's refusal on the document and sign it.

(4) Prescriber records as listed above must be retained at least three years.

(5) Upon direct communication from the patient or anyone designated to act on behalf of the patient, an optometric physician must release or verify the patient's prescription to a third party. The patient cannot be required to sign a waiver or release as a condition of verifying a prescription.

(6) The prescription is deemed to be officially signed when first issued to the patient. If the examining optometric physician wishes to delegate signature authority for subsequent copies of a valid spectacle or contact lens prescription, exact copies may be dispensed by a designee following the doctor's written policy for ensuring prescription validity. Under no circumstances may an optometric physician delegate authority to alter the prescription, its expiration date or the number of refills for contact lenses.

(7) If a patient has not completed a contact lens fitting, the prescription released need only meet the spectacle prescription requirements.

(8) As used in this section, the term "direct communication" includes communication in person, by telephone, facsimile (fax), mail or electronic mail.

(9) An optometric physician may not:

(a) Require purchase of contact lenses or spectacles from any party as a condition of providing a copy of the prescription or verification of the prescription;

(b) Require payment in addition to or as a part of the fee for an eye examination, fitting, and evaluation as a condition of providing a copy of a prescription or verification of a prescription; or

(c) Require the patient to sign a waiver or release as a condition of releasing or verifying a prescription.

Or. Admin. Code § 852-020-0031

OPT 1-2004, f. & cert. ef. 3-8-04; OPT 1-2013, f. & cert. ef. 1-3-13; OPT 2-2014, f. 11-28-14, cert. ef. 1/1/2015; OPT 3-2014, f. 12-29-14, cert. ef. 1/1/2015; OPT 3-2021, amend filed 05/21/2021, effective 5/21/2021

Statutory/Other Authority: ORS 683 & 182

Statutes/Other Implemented: ORS 683.010, 683.335 & 182.466