The FTC requires that an OD must provide a written copy of the Rx to the patient upon completion of the contact lens fitting. Some patients may require follow-up visits after the initial exam before their contact lens fitting is complete. All follow-up exams must be medically necessary, and eye care providers should use sound professional judgment — based on appropriate and objective standards of care — to make that call.
A written copy of the Rx must be provided to the patient without the patient asking for it. Also, the OD must "confirm" the Rx provided by the patient to a third party dispenser when asked to do so by the third party dispenser. A third party dispenser asking for a initial copy of the Rx is a little different, but here is a question and answer from the FTC website that seems to answer that:
The Contact Lens Rule says prescribers must provide or verify contact lens prescription information “as directed” by a third party designated by a patient. But according to HIPAA (Health Insurance Portability and Accountability Act of 1996), don’t I have to get written authorization from a patient before providing or verifying his contact lens prescription to a seller?
No. HIPAA permits covered entities to use or disclose protected health information without patient authorization if the use or disclosure is for “treatment” or “required by law.” Providing, confirming, correcting, or verifying a contact lens prescription to a seller designated by the patient constitutes treatment or is required by the Act and the Rule.
The rules for an eyeglass Rx are a little different since the Rx must be provided to the patient right after the exam is completed and paid for without the patient asking, and there is no fitting requirement.
If the patient faxes a letter of authorization to provide the Rx to a third party dispenser, and the fitting has been completed, and the OD declines to do so, I would have the patient inform the OD that a complaint with the FTC will be initiated within 24 hours unless they comply.
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