Contact Lens Prescription Expiration

[JohnRoss]

I have a couple of questions regarding the expiration of a contact lens perception that I would like some insight on. I have my own opinions on what the law allows and on what is best for the patient, but I would specifically like your opinions of legality based on Georgia law and/or the Fairness to Contact Lens Consumers Act.

1. Can a contact lens prescription be filled on the expiration date. For example, can a patient who had an eye exam on 2/1/13 purchase contacts on 2/1/14?

2. Can a patient order and pay for contract lenses before their expiration date and then pick them up after the expiration date?

I appreciate your opinions.

[opty4062]

Yes to both.

[rdcoach5]

Yes to both.

NO. It's expired. No question . Period !!!

[opty4062]

So if I have an exam today, I can't order contacts on 1 Feb 2015? I beg to differ. And YES I suggest there IS a question though it's opinion I suppose. If I order and pay for contacts before the expiration date and pick them up after it's not illegal as I purchased them before the rx expired. That's like saying if they are in my home past the rx date I can't use them.

[Judy Canty]

Do you get a year older ON your birthday or the day AFTER your birthday?

[Paul Smith LDO]

Interesting question, at first glance I thought I knew the answer. As a patient I would expect to be able to purchase on the date of expiration, if it expires on, 02 FEB 2014. However, according to Hoyle; it is the date at which no services or product can be provided.
If the expiration date was written on 02 FEB 2014, it should not be serviced nor should product be purchased.

[wmcdonald]

If the expiration is 1 year (not 1 year and 1 day), it would expire on January 31. A new exam would technically be required prior to dispensing. But I would ask an attorney for clarification. They can provide a more definitive answer. We actually have a couple who reside here that may chime in who are also Opticians. That also lends itself to an ethical issue. If there is a legitimate physiological reason for a 1-year expiration, is it ethical for us to provide them with contact lenses beyond that date? Now the true professionals here will understand that question. Others will probably be more concerned with only the business aspect of the issue. Law and Ethics are often two different things.

[opty4062]

If the expiration is 1 year (not 1 year and 1 day), it would expire on January 31. A new exam would technically be required prior to dispensing. But I would ask an attorney for clarification. They can provide a more definitive answer. We actually have a couple who reside here that may chime in who are also Opticians. That also lends itself to an ethical issue. If there is a legitimate physiological reason for a 1-year expiration, is it ethical for us to provide them with contact lenses beyond that date? Now the true professionals here will understand that question. Others will probably be more concerned with only the business aspect of the issue. Law and Ethics are often two different things.

Very true. Practicality suggests that we shouldn't order a year supply for a patient the week before the exam expires, but legally, is it wrong? Here the scripts don't tend to restrict number of boxes ordered in that 365 day period, but some places do.

[wmcdonald]

If it is 1 day beyond the expiration, as described in the OP, yes it it legally wrong. If they came in on January 31, then it is not legally wrong. Is it ethical? That is another question.

[obxeyeguy]

Do you get a year older ON your birthday or the day AFTER your birthday?

Err, aren't you just a day older?

[optical24/7]

Isn't there a 3 month "emergency" extension clause in the CL act? That would make this moot.

[wmcdonald]

Oh my goodness. It either expires or not, folks. I have never heard of an emergency extension act. Again, I would seek actual legal advice if you doubt it. If the damn thing says it expires in a year, then it is illegal to fill it in my opinion. Of course I should have known George would have had something different in Texas.......that is a different world anyway. And George, wanting to order a years supply would not be an emergency here in NC, but again, Texas is a bit different. It does take a while to get across it.

[Alicia.rabb]

According to Fairness to contact lens act The expiration date for a contact lens RX is determined by the prescriber. It must be for at least 1 year. If it is less than 1 year medical reason must be stated on the form. As part of the RX verification the prescriber is expected to make sure the information is correct and not expired. According to NYS law an RX expires 1 year from the day it is written, unless a specific date is written on the form. The law only states if an RX can be filled it says nothing about dispensing. Here is the link I commonly refer to http://www.business.ftc.gov/document...rs-and-sellers.

So yes as long as the Rx is valid contacts can be ordered. In my experience, as long as the contacts were ordered before the expiration date I have dispensed them. In one of my previous offices our doctor allowed us to dispense to the patient 1 pair of trial lenses in their old RX until they return to our office to renew their exam. In each instance they were a previous patient and the one time dispense was recorded in their record and signed by our doctor. In one case, because the patient had a history of overwearing the contacts, the doctor wrote in the patients file RX CANNOT BE REFILLED UNTIL RETURN FOR NEW EXAM AND FIT.

I do not know of any emergency extension act for contacts. However, there have been a few instances, due to medical reasons a person has been unable to come to our office and renew their RX. The few times I have done this it was for glasses only and the doctor gave us written permission, due to medical reasons, for a one time dispense of an expired RX. This was kept in their file for future documentation.

Just my 2 cents

Alicia M Rabb O.O.

[optical24/7]

I have never heard of an emergency extension act. . .

Sec. 353.155. EXTENSION OF PRESCRIPTION. (a) A physician, optometrist, or therapeutic optometrist may extend the expiration date for a contact lens prescription without completing another eye examination.
(b) On request by a patient, a prescribing physician, optometrist, or therapeutic optometrist shall authorize at least once a two-month extension of the patient's contact lens prescription. The physician, optometrist, or therapeutic optometrist may extend the prescription in accordance with Section 353.104.

http://www.statutes.legis.state.tx.u...htm/OC.353.htm

[opty4062]

Sec. 353.155. EXTENSION OF PRESCRIPTION. (a) A physician, optometrist, or therapeutic optometrist may extend the expiration date for a contact lens prescription without completing another eye examination.
(b) On request by a patient, a prescribing physician, optometrist, or therapeutic optometrist shall authorize at least once a two-month extension of the patient's contact lens prescription. The physician, optometrist, or therapeutic optometrist may extend the prescription in accordance with Section 353.104.

http://www.statutes.legis.state.tx.u...htm/OC.353.htm

So it's a Texas thing and not a part of the CL Act?

[wmcdonald]

OK, George, Texas has some statue that allows the OMD, OD or something called a TOD (whatever that is- they are all therapeutic nowadays, aren't they?). This initial poster is in Georgia, and I know it is a surprise........ but they are not located in the great state of Texas! But still I ask, what does that have to do with this original post for goodness sake! The Optician is asking about filling an Rx 1 day beyond its expiration. Follow me here.....they are the Optician......they are not the doctor, and cannot extend the Rx even in Texas, so the answer is it is expired. What is your argument here? Should they call the Doc. You already know the reply after all these years of experience we have collectively.....I know, me more than you, young man. The typical OD will respond......hold on, wait a minute.......NO! There could be some great physiological harm caused to this patient by this uncaring, poorly trained (correct in that assertion) business-minded sales people called the Optician. So, the answer to this person is the Rx is expired. Wow this is a lot of energy for something as obvious as this.

[optimensch]

ya know, as a canadian observing from high up north upon your great nation.....I think y'all are a bit too litigious and the insurance companies and lawyers are sucking and draining you dry. The Rx is expired by a day, but ....... there needn't be a shooting.

[optical24/7]

....I know, me more than you, young man..

I'll take that as a compliment. (I haven't been called *young* in a long time!)

Warren, you said you had never heard of an emergency extension rule. I was simply showing you one. Since Tx. has one, possibly other states do also. Relevant to the OP's question? I believe so since there are Texas ECP's here also that may not be aware of this extension clause. As example, there are offices that are run as satellite offices by Drs., thus he's not available to update the Rx (that day). The Dr may be out on vacation, or out sick. These are all examples of why it was put into our laws here.

And yes, I have had doctors extend under emergency conditions.

[Uncle Fester]

From Wiki---

http://en.wikipedia.org/wiki/Expiration_%28options%29

I don't see where financial contract law would vary in the medical world.

To me fwiw to expire (die) is the date written. Not the day before.

[Robert Martellaro]

If there is a legitimate physiological reason for a 1-year expiration,

Absolutely there is.

...is it ethical for us to provide them with contact lenses beyond that date?

Case by case. I might order a sufficient quantity for one to three months of wear until the client can schedule a visit with their prescriber.

Abusers don't get a break.

Sometimes it's moot because abusers will just keep ordering online, ignoring their eye doctor until there are symptoms and subsequently damage to the cornea, possibly leading to vision loss that in most cases could have been prevented if it had been diagnosed early during a routine exam.

Attention consumers- that's potentially permanent vision loss in one or both eyes. If you wear contact lenses, see your eye doctor annually, or as recommended by your prescriber.

[MikeAurelius]

Geeze...and people wonder why contribution to the forum is dropping off...

"I'm older than you and know better"

Come on, we are all better than this!!

[optical24/7]

Mike, Warren is a friend of mine. Older, and does know more than I!

[rbaker]

If it is 1 day beyond the expiration, as described in the OP, yes it it legally wrong. If they came in on January 31, then it is not legally wrong. Is it ethical? That is another question.

How about adding a little common sense to the discussion.

[wmcdonald]

This is common sense, Sir. It can't get much simpler. If it says it expires on a given date, then it is expired. What don't you get? The Optician out there standing alone, even in Texas, cannot extend it, even with this emergency extension issue. I am all for common sense, and you Yankees are always smarter than us dumb Southerners.....so go for it, Dick. Share with us any "common sense" on this simple issue you like. I can hardly wait to hear more! Can he order a years supply on the last day? Legally he can, but should he? I would consider it unethical, but hey, it is up to the individual to make that decision.

[wmcdonald]

If you would have read entire my tongue-in-cheek post (assuming you could have understood it, rather than taking it out of context) I was referring to my own age being far greater than my much younger colleague, George. But hey, take it any way you like.