Contact Lens Regulations and Penalties

CHAPTER 327 OPTOMETRY

Section 327:25-a

 327:25-a Contact Lens Prescriptions to be Provided to Patient. –
I. After contact lenses have been adequately fitted and the patient released from immediate follow-up care by an optometrist licensed under this chapter or an ophthalmologist registered under RSA 329, the prescribing optometrist or ophthalmologist shall, upon the patient’s request, provide to the patient a prescription in writing for replacement contact lenses.
II. Optometrists and ophthalmologists shall not be required to service contact lenses that they did not dispense.
III. An optometrist or ophthalmologist may refuse to give the patient a copy of the patient’s contact lens prescription until the patient has paid for the eye examination, but only if that optometrist or ophthalmologist would have required immediate payment from that patient had the examination revealed that no ophthalmic goods were required.
IV. (a) No person shall conduct or operate a business outside of the state for the sale at retail of contact lenses to individuals within the state unless such business is registered with a permit issued by the board of pharmacy if the out-of-state business is a pharmacy, or by the board of registration in optometry if the out-of-state business is not a pharmacy.
(b) The board of pharmacy or the board of registration in optometry shall issue a permit to such out-of-state business if the business discloses and provides proof:
(1) That the business is in compliance with all applicable laws and rules in the state in which the business is located;
(2) Of the operating locations and the names and titles of all principal corporate officers;
(3) That the business complies with all lawful directions and requests for information from the board of pharmacy and the board of registration in optometry of all states in which it conducts business; and
(4) That the business agrees in writing to comply with all New Hampshire laws and rules relating to the sale or dispensing of contact lenses.
(c) The board of pharmacy or the board of registration in optometry shall assess the following registration fees for out-of-state contact lens sale companies:
(1) $300 for the initial registration.
(2) $150 for an annual registration renewal.
V. For purposes of this section, “prescription for contact lenses” means a dated and signed written direction specifying that it is for contact lenses and which shall include at least the power, size, curvature, color and material composition of the contact lenses. Other parameters or instructions, including but not limited to lens manufacturer, prescription expiration date, number of permitted refills, and a statement prohibiting substitutions may be included at the prescriber’s professional discretion and shall be honored by the person who fills the prescription. Unless otherwise specified by the prescriber for health reasons, a contact lens prescription shall expire one year from the date of issue.
VI. No person shall sell contact lenses without a valid prescription as defined in paragraph V.

Source. 1994, 146:1. 1999, 197:15. 2011, 121:2, eff. Aug. 1, 2011.