It is an unfair act or practice for an
ophthalmologist or optometrist to:
(a) Fail to provide to the patient one
copy of the patient’s prescription immediately
after the eye examination is
completed. Provided: An ophthalmologist
or optometrist may refuse to give
the patient a copy of the patient’s prescription
until the patient has paid for
the eye examination, but only if that
ophthalmologist or optometrist would
have required immediate payment
from that patient had the examination
revealed that no ophthalmic goods
were required;
(b) Condition the availability of an
eye examination to any person on a requirement
that the patient agree to
purchase any ophthalmic goods from
the ophthalmologist or optometrist;
(c) Charge the patient any fee in addition
to the ophthalmologist’s or optometrist’s
examination fee as a condition
to releasing the prescription to
the patient. Provided: An ophthalmologist
or optometrist may charge an additional
fee for verifying ophthalmic
goods dispensed by another seller when
the additional fee is imposed at the
time the verification is performed; or
(d) Place on the prescription, or require
the patient to sign, or deliver to
the patient a form or notice waiving or
disclaiming the liability or responsibility
of the ophthalmologist or optometrist
for the accuracy of the eye examination
or the accuracy of the ophthalmic
goods and services dispensed
by another seller.
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