Eyecare: Contact Lens Prescription question

**junior123** · 08-09-2014, 08:19 PM

So recently I've had to deal with a customer, for the first time asking for a prescription for contact lens to be extended so he may purchase them online. Even though it was given to him a year ago and the prescription had an expiration of 1 year like all contact lens prescriptions. Our policy with contact lens prescriptions is aligned with annual examinations that the doctor requires in accordance to the standard of care optometrist give to all their patients.

This is in Florida, after telling the customer this he brought up a Florida statute law located here:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0463/0463.html

That says: 463.012 Prescriptions; filing; release; duplication.—(1) A licensed practitioner shall keep on file for a period of at least 2 years any prescription she or he writes.
(2)(a) A licensed practitioner shall make available to the patient or her or his agent any spectacle prescription or duplicate copy determined for that patient. Such prescription shall be considered a valid prescription to be filled for a period of 5 years.
(b) A licensed practitioner shall make available to the patient or her or his agent any daily wear soft contact lens prescription or duplicate copy determined for that patient. Such prescription shall be considered a valid prescription to be filled for a period of 2 years.

So i'm faced with releasing his prescription with an extended year against company policy, i'm having the customer sign a release of RX form to protect the doctor since the customer is buying at his/her own risk since this is directly against the doctors requirements of care.

Does this sound correct, and has anyone faced something like this in their state?

**drk** · 08-09-2014, 11:27 PM

I would not worry about all the signature hoopla. If the law says 2 years, it has superceded your company policy as well as the doctor's policy. You are in no way liable.

Just give it out. If the guy wants to go online, it's his dumb life.

**junior123** · 08-10-2014, 06:36 PM

Originally Posted by drk

I would not worry about all the signature hoopla. If the law says 2 years, it has superceded your company policy as well as the doctor's policy. You are in no way liable.

Just give it out. If the guy wants to go online, it's his dumb life.

I appreciate the help!
I just don't understand why florida statute says that, why is a contact lens prescription valid for 2 years. That is not healthy for the consumers eyes...

**drk** · 08-10-2014, 07:55 PM

Imbalance between consumers/business and health care providers.

**junior123** · 08-13-2014, 02:41 PM

Originally Posted by drk

Imbalance between consumers/business and health care providers.

Update, so I did a new prescription the expiration is still the same, meaning its expired.

But I added at the bottom that he can extend his prescription another couple of months at his own risk.

The customer has informed me that he still cannot purchase contacts online due to the expiration date at the top, do I have to actually extend the expiration date at the top, or is simply putting he may extend it as his own risk at the bottom all I have to do for him/her?

**Hayde** · 08-13-2014, 03:00 PM

So far this sounds like a legal consultation is adviseable. Is a Florida doc in violation of the law if he sets expirations dates shorter than the statute specifies? It's a ridiculous law, for sure...but it's bad for the bottom line to end up in a suit, win or lose.

**drk** · 08-13-2014, 05:41 PM

You cannot "extend" the prescription as an optician. Only a doctor can. I would not.
You should expire the Rx after one year, as is customary just about everywhere.

According to Florida law, it can be filled for up to two years IN FLORIDA. But presumably the onliner a) isn't in Fla, and/or, b) doesn't know that Florida allows two years' purchase on a one-year Rx (which is asinine).

I say "tough luck" Mr. Patient. Expired at one year, but given out. You've fulfilled your responsibility. THE STATUTE DOES NOT SAY YOU MUST WRITE A 2-YR EXPIRATION DATE NOR DOES IT SAY YOU CAN/SHOULD EXTEND IT.

It's up to the filler to interpret the law the way they want to. If I were filling an outside Rx and I was in Florida, there would be no way in hell I'd dispense CLs outside the Dr.'s expiration. Florida couldn't force me to sell CLs to this guy past the Dr's expiration, either.

The law simply allows for it, if a dispenser and patient is willing to take on that crazy risk. Apparently, this website a.) cares about Rxs, and b.) cares about expirations. Kudos to them.

**rdcoach5** · 08-13-2014, 05:48 PM

What Brand is the contact lens. If it FDA approved for extended wear, you can limit the Rx to 1 year expiration.

**ziggy** · 08-14-2014, 11:45 AM

Originally Posted by junior123

Update, so I did a new prescription the expiration is still the same, meaning its expired.

But I added at the bottom that he can extend his prescription another couple of months at his own risk.

The customer has informed me that he still cannot purchase contacts online due to the expiration date at the top, do I have to actually extend the expiration date at the top, or is simply putting he may extend it as his own risk at the bottom all I have to do for him/her?

My advise would be to toss this back in the doctor's lap, you should not be rewriting a script and adding or subtracting ANYTHING! That means any changes. This is a conversation the patient should be having with the OD. I would direct all further inquires about RX's to the Doc, that's why they make the big money.