Arkansas Administrative Code › Agency 069 - Board of Optometry › Rule 069.00.04-002 - Chapter 1, Article 12

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER 1
, ARTICLE 11: Release of Contact Lens Prescriptions, and Registration of
		  Entities Outside of the State Who Sell Contact Lenses
This regulation sets forth the standards for the writing of a
			 contact lens prescription, the method of releasing said contact lens
			 prescription to the patient, and the registration with the Arkansas State Board
			 of Optometry of entities located outside the state of Arkansas who ship, mail,
			 or deliver contact lenses or prescriptions for contact lenses to residents of
			 Arkansas, all pursuant to ACA
			 17-90-108,
			 109, and 110.
Section 1
Definitions
(1) "Person" means and
		  individual, corporation, trust, partnership, incorporated or unincorporated
		  association, and any other legal entity.
(2) "Prescriber" means an optometrist or
		  ophthalmologist.
(3) "Buyer" means
		  a state resident who purchases contact lenses.
(4) "Seller" means an optometrist or
		  ophthalmologist licensed in the state of Arkansas to sell contact lenses to
		  individuals for whom he/she prescribed, or those persons, firms, corporations,
		  or other legal entities in conjunction with an optometrist or ophthalmologist
		  licensed in that state who may be located outside of the State of Arkansas, who
		  are authorized to sell contact lenses to individuals who have been lawfully
		  prescribed contact lenses.
(5)
		  "Business hours" means an hour between 9.00 a.m. and 5:00 p.m. during a weekday
		  (Monday through Friday), excluding federal holidays (New Year's Day; Martin
		  Luther King, Jr. Day; President's Day; Memorial Day; Independence Day; Labor
		  Day; Columbus Day; Veteran's Day; Thanksgiving; and Christmas). "Business
		  hours" also may include, at the "Registered Mail Order Contact Lens Seller's"
		  option, a prescriber's regular business hours on Saturdays, provided that the
		  "Registered Mail Order Contact Lens Seller" has actual knowledge of these
		  hours. "Business Hours" shall be determined based on the time zone of the
		  prescriber.
Eight (8) business hours shall be calculated from the time the
			 prescriber receives a complete prescription verification request and contains
			 all of the required information to the prescriber (section
			 4(3) ) from the
			 "Registered Mail Order Contact Lens Seller," and shall conclude when eight (8)
			 business hours have elapsed. For verification requests received by a prescriber
			 during non-business hours, the calculation of "eight (8) business hours" shall
			 begin at 9:00 a.m. on the next weekday that is not a federal holiday or, if
			 applicable, on Saturday.
(6) "Registered Mail Order Contact Lens
		  Seller" means a person or entity who sells contact lenses through electronic
		  mail, the internet, alternative channels or other means, the United States
		  Postal Service, or other common carrier to buyers within the State of Arkansas
		  and is registered in the State of Arkansas.
(7) "Contact Lens Prescription" means a
		  written order, as defined in Section
		  2, | bearing the original
		  signature of a licensed optometrist or ophthalmologist that | authorizes a
		  contact lens prescription. Tinted contact lens that are sold for cosmetic
		  purposes which are without power require a contact lens prescription.
(8) "Contact Lens Fitting" means the process
		  that begins after the initial eye examination and ends when a successful fit
		  has been achieved as determined by the examining optometrist or
		  ophthalmologist. In the case of a renewal prescription, the fitting ends when
		  the prescriber determines to change in prescription is required or a new
		  fitting is completed after medically necessary follow-up
		  examinations.
(9) "Direct
		  Communication" means a completed direct communication through the telephone,
		  facsimile, or electronic mail.
(10)
		  "Issue date" means the date on which the patient receives a copy of the
		  prescription at the completion of a contact lens fitting.
(11) "Contact lens" means any contact lens
		  for which State or Federal law requires a prescription including tinted piano
		  lenses.