A policy manual containing at a minimum the information listed below shall be submitted with the registration application. The initial manual, must be approved by the board and any subsequent changes or modifications require prior approval of the board or its agent.

1. A. A contact lens may not be sold, dispensed, or distributed to a patient in this state by a seller of contact lenses unless one of the following has occurred:

   (1) the patient has given or mailed the seller an original, valid, unexpired written contact lens prescription;

   (2) the prescribing licensed optometrist has given, mailed or transmitted by facsimile transmission a copy of a valid, unexpired written contact lens prescription to a seller designated in writing by the patient to act on the patient’s behalf; or

   (3) the prescribing licensed optometrist has orally or in writing verified the valid, unexpired prescription to a seller designated by the patient to act on his behalf.

2. B. The prescription contains all the information necessary for the replacement contact lens prescription to be properly dispensed, including the:

   (1) lens manufacturer;

   (2) type of lens;

   (3) power of the lens;

   (4) base curve;

   (5) lens size;

   (6) name of the patient;

   (7) date the prescription was given to the patient;

   (8) name and office location of the licensed optometrist who writes the replacement contact lens prescription; and

   (9) expiration date of the replacement contact lens prescription.

3. C. A person other than a licensed optometrist or physician who fills a contact lens prescription shall maintain a record of that prescription for three years.
4. D. Security requirements: restricting access, to all lenses and patient health records, to authorized personnel only.
5. E. Storage requirements: The registrant must have policies and procedures for maintaining the proper storage conditions for contact lenses. The lenses must be stored at the licensed location.

[16.19.28.9 NMAC - N, 12-01-2003; A, 06/30/06]