In the June edition of EyeCare Business (page 44), there is a Q&A segment concerning a doctor who works for an optician. Seems the OD would prefer his patient's lenses to be polycarbonate. However, the Optician routinely "convinces" the patients to purchase CR-39 (or some other material). The doctor is concerned that he will be partially liable if the patient is injured as a result.
The first answer provided (by Joseph Gill) indicates that the doctor is probably not at risk- but should keep records of his poly recommendation nonetheless. What caught my eye was the second answer given (by Pamela Miller, OD). She indicates:
"I would simply write 'polycarbonate' on the Rx form. No optician has the right to change the doctor's written prescription."
Having read the applicable Florida laws on this matter (i.e., prescriptions), I fail to see how the lens material could be considered to be part of the prescription. Putting aside the fact that spectacles are not even considered medical devices (as opposed to contact lenses), the choice of material has nothing to do with "determining the refractive state of the eye." In duplicating a written Rx, the state does not specify that "recommendations" from the original Rx must even be transferred to the copy! (The required elements being: 1.) Client Name; 2.) Prescriber's Name; 3.) Date of Original Rx; 4.) Sphere Power; 5.) Cylindrical Power; 6.) Axis; 7.) Prism Power; 8.) Reading Power)
If there is a legal expert among us who can demonstrate that ignoring a doctor's recommendation is illegal, I'd be grateful for the knowledge.
Pete
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