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  • Out of state Rx's

    Are out of state Rx's governed by your state's laws as far as number and expiration or are they governed by the originating state?


  • #2
    Since expiration dates are only an optometric manifestation to insure new sales and exam fees anyway. What possible reason could there be for complying with the laws of any other state than your own when you are in your home state. Other states have no jurisdiction outside their own borders.

    For that matter have you ever see the "records release order from 1 800 Contacts and similar outfits. It cites an court decision in the State (Republic ) of Texas. What do those of us in other states care what the state laws or court decisions of the State of Texas are?

    Chip

    Exception might be if the Rx itself states an expiration date on it.

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    • #3
      That is an execellent question, Jo! I have always assumed that they were governed by your state, but I would welcome other's input.

      I had an RX for some medicine from WV (they expire in a year) and brought the expired RX to VA (2 year expiration) and got it filled. So, because of that, I always believed it was the state of "filling" (for lack of a better term).

      Could I be wrong??
      ~Cindy

      "If you can't be a good example, then you'll just have to be a horrible warning." -Catherine Aird-

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      • #4
        I'm not sure what the State of Washington law states about out of state Rx's. My memory recalls that it only refers to Rx's in general. It defines what an Rx must contain etc, etc. My personal rule is that I follow federal guidelines or industry convention and only allow Rx within 2 years of date it was written. I do this with international Rx as well.
        Lee Prewitt, ABOM
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        • #5
          Chip, do you really believe that the laws of the Texas Republic aren't more important that the FTC, etc.? haha, but seriously, this very issue is why it is so critical, and always has been, that opticianry be united in their efforts to have uniformity of state licensing; and in all areas of legality in the United States, legal precedents established in one states, can certainly have impact in the lagal issue of the other states. one of the the issues in the contact lens deal is that there is no level of competency by licensing in Texas, so it skews the legislature; the legislature believes that opticians here are just "frame stylists, and retailers of optical products". look, in Texas, my barber has to go through rigid licensing requirements, and an optician filling an eye doctor's rx, doesn't have to be a high school graduate. pretty absurd don't we think? A big thank you very much to all the optical retail giants who got our Gov. to veto our licensing law back in 89, it was passed by the people's reps and senators, and just a little "politics" got it thrown in the trash by the Gov.. thank God he didn't get re-elected... have a great memorial day holiday weekend , guys..

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          • #6
            Assuming there is no expiration date on the Rx (either Spec-5yrs. or Contacts- 2yrs.), I go by Florida state law. If, however, I can contact the writting Doctor for a new copy, I will go with that.

            Bottom line in Florida is CYA!
            "Coimhéad fearg fhear na foighde"

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            • #7
              The bottom line is.......

              You are governed by the laws of the state in which you practice.

              hj
              "Always laugh when you can. It is a cheap medicine"
              Lord Byron

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