1. (a) A prescription for contact lenses is defined as a written order signed by the examining optometrist, therapeutic optometrist or physician, or a written order signed by an optometrist, therapeutic optometrist or physician authorized by the examining doctor to issue the prescription. If the prescription is signed by a doctor other than the examining optometrist, therapeutic optometrist or physician, the prescription must contain:

   1. (1) the name of the examining doctor, and
   2. (2) the license number of both the examining doctor and the doctor signing the prescription.
2. (b) A contact lens prescription must comply with the requirements of the Texas Optometry Act, Sections 351.005, 351.356, 351.357, 351.359 and 351.607, and the Contact Lens Prescription Act, Sections 353.152, 353.153 and 353.158.

3. (c) A fully written contact lens prescription must contain all information required to accurately dispense the contact lens, including:

   1. (1) patient's name;
   2. (2) date the prescription is issued;
   3. (3) an expiration date of not less than one year, unless a shorter period is medically indicated;
   4. (4) examining optometrist's signature or authorized signature
   5. (5) name of the lens manufacturer, if required to accurately dispense the lens;

   6. (6) lens brand name, including:

      1. (A) a statement that brand substitution is permitted if the optometrist intends to authorize a contact lens dispenser to substitute the brand name, and
      2. (B) a statement specifying a substitute brand name when the prescribed brand name is not available to the optical industry as a whole, unless the prescribing of a proprietary lens brand is medically indicated;
   7. (7) lens power;
   8. (8) lens diameter, unless set by the manufacturer;
   9. (9) base curve, unless set by the manufacturer; and
   10. (10) number of lenses and recommended replacement interval.
4. (d) The Contact Lens Prescription Act requires the optometrist or therapeutic optometrist to release a prescription upon request once the parameters of the prescription are determined. An exception to this requirement exists if the optometrist or therapeutic optometrist determines that because of a medical indication further monitoring is required, and the optometrist or therapeutic optometrist gives the patient a verbal explanation of the reason the prescription is not released and documents in the patient's records a written explanation of the reason.

5. (e) An optometrist or therapeutic optometrist may issue a prescription in the following manner:

   1. (1) giving or delivering an original signed copy of the prescription to the patient or to another person when requested by the patient,
   2. (2) faxing an original signed prescription to a person authorized to fill the prescription. When faxing a prescription, the optometrist or therapeutic optometrist shall write "by fax" or similar wording on the original prescription prior to faxing;
   3. (3) transmitting a complete prescription as defined in this section, to a person authorized to fill the prescription, by e-mail or other computerized electronic means. When transmitting a prescription by computerized electronic means, including e-mail, the optometrist or therapeutic optometrist shall attach a digital signature in a commonly recognized format. The computerized electronic transmission shall also include the office address and license number of the optometrist or therapeutic optometrist; or
   4. (4) under the Contact Lens Prescription Act, if the optometrist or therapeutic optometrist determines that the patient needs an emergency refill of the contact lens prescription, the prescription may be telephoned to a person authorized to fill the prescription.
6. (f) The Contact Lens Prescription Act requires an optometrist or therapeutic optometrist to authorize, upon request of the patient, a one time, two month extension of the contact lens prescription. If the extension request also constitutes a request for an emergency refill, the optometrist or therapeutic optometrist may telephone the prescription extension to a person authorized to fill the prescription.
7. (g) The prescribing optometrist or therapeutic optometrist has the authority to specify any and all parameters of an optical prescription for the therapeutic and visual health and welfare of a patient, but the prescription shall not contain restrictions limiting the parameters to private labels not available to the optical industry as a whole, unless the prescribing of a proprietary lens brand is medically indicated. The specifications of the prescription may not be altered without the consent of the prescribing doctor.
8. (h) The Contact Lens Prescription Act (Act), prohibits an optometrist or therapeutic optometrist from charging the patient a fee in addition to the examination fee and the fitting fee as a condition for giving a contact lens prescription to the patient. An optometrist or therapeutic optometrist may not refuse to release a prescription solely because charges assigned or presented for payment to an insurance carrier, health maintenance organization, managed care entity, or similar entity have not been paid by that entity.
9. (i) An optometrist or therapeutic optometrist may charge a fitting fee that includes fees for lenses required to be used in the fitting process. The fitting process may include the initial eye examination, an examination to determine the specifications of the contact lenses, and follow-up examinations that are medically necessary. Unless medically necessary, the optometrist or therapeutic optometrist may not require the patient to purchase a quantity of lenses in excess of the lenses the optometrist or therapeutic optometrist was required to purchase to complete the fitting process.

Source Note:The provisions of this §279.2 adopted to be effective September 9, 2001, 26 TexReg 6679; amended to be effective December 23, 2001, 26 TexReg 10297; amended to be effective March 28, 2002, 27 TexReg 2237.