1. (a) As used in this section, "HIPAA" refers to the federal Health Insurance Portability and Accountability Act.

2. (b) A prescriber may not issue a prescription for an ophthalmic device unless the following conditions are met:

   1. (1) If the prescription is for contact lenses or eyeglasses, the patient must be at least eighteen (18) years of age but not more than fifty-five (55) years of age.

   2. (2) The patient must have completed a medical eye history that includes information concerning the following:

      1. (A) Chronic health conditions.
      2. (B) Current medications.
      3. (C) Eye discomfort.
      4. (D) Blurry vision.
      5. (E) Any prior ocular medical procedures.
   3. (3) The patient must have had a prior prescription from a qualified eye care professional that included a comprehensive in person exam that occurred within two (2) years before the initial use of telehealth for a refraction under subdivision (5)(A).
   4. (4) If the patient desires a contact lens prescription, at the discretion of the eye care professional, that patient must have had a prior contact lens fitting or evaluation by a qualified eye care professional that occurred within two (2) years before the initial use of telehealth for a refraction under subdivision (5)(A).

   5. (5) The patient:

      1. (A) may not use telehealth more than two (2) consecutive times within two (2) years from the date of the examination that occurred under subdivision (3) for a refraction without a subsequent in person comprehensive eye exam; and
      2. (B) must acknowledge that the patient has had a comprehensive eye exam as required under clause (A) before receiving an online prescription.
   6. (6) The patient may allow the prescriber to access the patient's medical records using an appropriate HIPAA compliant process.
   7. (7) The prescriber must ensure that the transfer of all information, including the vision test and prescription, comply with HIPAA requirements.
   8. (8) The prescriber must use technology to allow the patient to have continuing twenty-four (24) hour a day online access to the patient's prescription as soon as the prescription is signed by the prescriber.

As added by P.L.52-2020, SEC.5. Amended by P.L.85-2021, SEC.23.