Question on making a reader....

Ok, this may seem like a very silly question but my mama always said there were no silly questions..... I will leave that at that :) There's a little debate going on here....

So, lets just say hypothetically someone comes into the shop without an Rx but wants a pair of glasses made in a +3.... Can I make it without an Rx? Is that the same thing as giving them a reader off the shelf or does it make it different since I would be grinding the product into a pair of glasses - they don't have a prescription. What about a bifocal with a plano in the distance - those are sold off the shelf as well.....

Thanks

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Originally Posted by 180

Ok, this may seem like a very silly question but my mama always said there were no silly questions..... I will leave that at that :) There's a little debate going on here....

So, lets just say hypothetically someone comes into the shop without an Rx but wants a pair of glasses made in a +3.... Can I make it without an Rx? Is that the same thing as giving them a reader off the shelf or does it make it different since I would be grinding the product into a pair of glasses - they don't have a prescription. What about a bifocal with a plano in the distance - those are sold off the shelf as well.....

Thanks

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Without a proper prescription I would only sell another pair of off the shelf readers to them.

I know of no laws forbidding making *generic* readers. When you start adding cyl or making a specific PD for a specific client you would be prescribing without a license. ( And even if you are an OD, there are laws on what has to be included in an exam to prescribe, so an OD could get into violation of state laws on optometry.) Most states also allow duplication. It would depend on your states interpretation of "duplication" if you can alter the PD. (i.e. take a clients +3.00 OTC's duplicate, but with the correct PD.)

Ok, that's great input. Let me think on this one..... so if someone has a pair on that's already been made - it could just be duplicated? That is a plot twist that I wasn't even thinking about.... I may have lost the bet.

It depends on the state or province. Here's Wisconsin's statute...

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449.02  Licenses; exemptions.

(2) This section shall not apply to physicians and surgeons duly licensed as such in Wisconsin nor shall this section apply to the sale of spectacles containing simple lenses of a plus power only at an established place of business incidental to other business conducted therein, without advertising other than price marking on the spectacles, if no attempt is made to test the eyes. The term "simple lens" shall not include bifocals.

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Hard to say if that means pre-made or not. I don't see anything here that says you cannot make your own OTC SV readers for sale to the general public, except that they would be more expensive than OTCs, and that there may be additional restrictions as a manufacturer. An "attempt to test the eyes" might mean that we cannot utilize a Snellen or Jaeger chart to assist with the selection of the OTC lenses.

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449.01  Definitions.

(2) Dispensing opticians. A dispensing optician is one who practices optical dispensing. The practice of optical dispensing comprises the taking of necessary facial measurements and the processing, fitting and adjusting of mountings, frames, lenses and kindred products in the filling of prescriptions of duly licensed physicians or optometrists for ophthalmic lenses. Duplications, replacements or reproductions not requiring optometric service may be done without prescription. Nothing herein contained shall change the responsibility of physician to patient, or optometrist to patient.

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I would interpret that to mean duplication of Rx lenses, not non-Rx lenses. The patient could duplicate the purchase of their OTC reading glasses on their own, with no risk or liability to you.

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So, lets just say hypothetically someone comes into the shop without an Rx but wants a pair of glasses made in a +3.... Can I make it without an Rx? Is that the same thing as giving them a reader off the shelf or does it make it different since I would be grinding the product into a pair of glasses - they don't have a prescription. What about a bifocal with a plano in the distance - those are sold off the shelf as well.....

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If you were in Wisconsin, I'd would say no- OTC lenses only, and no to bifocal OTC lenses, although I have seen bifocal OTC eyeglasses for sale in Wisconsin.

I would not make a Federal (or State) case out of this but would rather apply common sense. Make the readers and put a few bucks of money in the till.

Common sense also says that you should recommend a professional first, and then work on the till.

It depends upon your state. In Georgia, one cannot MAKE a pair without a prescription or they must have a pair to duplicate. In the case of over-the-counter readers, you can duplicate them, but must also duplicate the PD. Cannot just do it. I teach the Florida Rules & Law course as well, and one can duplicate even over the counter readers, but cannot alter the PD. It would be best to check the statutes in your own state. If you are not in an Optician Licensed state, you must adhere to the Optometric laws in you state.

Diane

Well said Diane.

Thats the only way I have ever made "readers" or Rx glasses. DUPLICATE EXACTLY. Same PD exactly same EVERYTHING. Anything else is custom makeing........thus requiring a Rx.

Besides you will never be able to make enough money off that pair of glasses to cover the expense of any possible liable situation that may arise. So do not ever forget to practice defensively. If ever in doubt.......lookout, err on the side of caution.

Why not make them in the pts rx? That is assuming they have one. A pair of rx readers would be far better for the pt than a cheater. The lens price would be the same and the pt would have far less eye strain.