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Thread: legal or not

  1. #1
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    legal or not

    There is a ophthalmologist in town that writes on prescrptions for his patients to see a certain optician by name. Is this legal in Florida.

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    Not legal if he has a financial interest in the optician's business. Very legal if not.

    Chip

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    hmm, why doesn't Eyegalsses II, approved by Congress back in the 80's, apply in this case? Just curious, I thought it made it a federal law that allowed all written RX'S to be filled wherever the patient deemed fit.

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    Meb:
    It was Eyeglass I that required prescription release but if the doctor has no financial interest in an establishment he may recommend any establishment he wants. This does not require the patient to have it filled there. If your Rx is written on a Rite-Aid blank you are still quite free to go to Wallgreens. Same with a spectacle Rx.
    However in some states the doctor is forbidden to recommend a drug, devise, etc. from an establishment he has a financial interest in over those he does not have an interest in. However, I think this applies only to medical doctors.
    Don't know of any ethical requirements for O.D.'s and the concept is rapidly disappearing for M.D.'s.
    And some things like the forbiding of establishments being recommended of which the doctor has an interest have been abandoned (at least my home state of Mississippi has abandoned this as applies to eyeglasses, saying "that only applies to drugs). But then the druggists have a much stronger lobby than opticians do.

    Chip:hammer:

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    Quote Originally Posted by singlemalt View Post
    There is a ophthalmologist in town that writes on prescrptions for his patients to see a certain optician by name. Is this legal in Florida.
    If the prescription requires that it be filled exclusively by the specified optician, that sounds like there ought to be a law against it. I'd speak up - or at least get a qualified attorney to review the issue. It sounds like near collusion, or restrictive trade at the least. I'm not liking the arrangement at all. It would be harmful to the patient and a barrier to free competition.

  6. #6
    Master OptiBoarder OptiBoard Gold Supporter DragonLensmanWV's Avatar
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    There's an OMD in town here that refers certain patients to me specifically because he knows I specialize in high minus. He writes it on a different piece of paper than the Rx, and they're under no obligation to come see me. Most do though.
    DragonlensmanWV N.A.O.L.
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