A nonprofit organization approved by the department is not liable for distributing recycled used eyeglasses if
- (1) the eyeglasses are distributed and fitted free of charge and the fitting conforms, to the extent possible, with a written prescription from a licensed physician or optometrist; and
- (2) the organization obtains informed consent from the person receiving the eyeglasses and provides the person receiving the eyeglasses advance written notice of the immunity provided under this section.