Utah Code 58-16a-801. Contact lens and ophthalmic lens seller or provider
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(1) A person may sell or provide contact lenses if the person:
Terms Used In Utah Code 58-16a-801
- Contact lens: means any lens that:(2)(a) has a spherical, cylindrical, or prismatic power or curvature;(2)(b) is made pursuant to a current prescription; and(2)(c) is intended to be worn on the surface of the eye. See Utah Code 58-16a-102
- Contact lens prescription: means a written or verbal order for contact lenses that includes:
(3)(a)(i) the commencement date of the prescription;(3)(a)(ii) the base curve, power, diameter, material or brand name, and expiration date;(3)(a)(iii) for a written order, the signature of the prescribing optometrist or physician; and(3)(a)(iv) for a verbal order, a record maintained by the recipient of:(3)(a)(iv)(A) the name of the prescribing optometrist or physician; and(3)(a)(iv)(B) the date when the prescription was issued or ordered. See Utah Code 58-16a-102- Contact lens prescription verification: means a written request from a person who sells or provides contact lenses that:
(4)(a) is sent to the prescribing optometrist or physician; and(4)(b) seeks the confirmation of the accuracy of a patient's prescription. See Utah Code 58-16a-102- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Unexpired: means a prescription that was issued:
(15)(a) for ophthalmic lenses which does not expire unless the optometrist or physician includes an expiration date on the prescription based on medical reasons that are documented in the patient's file; and(15)(b) in accordance with Subsection (3) for a contact lens. See Utah Code 58-16a-102(1)(a) does so in the ordinary course of trade from a permanently located and established place of business;(1)(b) does not perform refractions, over-refractions, or attempts to traffic upon assumed skill in testing the eye;(1)(c) provides all contact lenses consistent with and in accordance with a valid contact lens prescription;(1)(d) does not fit contact lenses;(1)(e) provides a contact lens to a patient after:(1)(e)(i) receiving an unexpired verbal or written prescription; or(1)(e)(ii) sending a contact lens prescription verification to the prescribing optometrist or physician, regardless of whether the prescribing optometrist or physician responds to or confirms the verification, provided that:(1)(e)(ii)(A) the person has all of the information necessary to fill the prescription;(1)(e)(ii)(B) the prescribing optometrist or physician has not informed the person that the prescription has expired or is otherwise inaccurate prior to the person shipping or hand-delivering the contact lens to the patient;(1)(e)(ii)(C) the person confirms a valid, unexpired contact lens prescription for the patient if the person is aware that the patient provided inaccurate prescription information in his last order; and(1)(e)(ii)(D) the person informs the patient that the prescription has expired or that there is a medical problem associated with the prescription if the information is communicated by the prescribing optometrist or physician to the person within 72 hours of the contact lens prescription verification being sent; and(1)(f) maintains patient information, including the method and date of any prescription verification, for no less than seven years.(2)(2)(a) A person may engage in the activities described in Subsection(2)(b) , without a license under this title, if the person:(2)(a)(i) provides the ophthalmic lenses consistent with and in accordance with a prescription from a licensed physician or optometrist that is unexpired as provided in Subsection58-16a-102(8)(b) ;(2)(a)(ii) dispenses the ophthalmic lenses within or from the state;(2)(a)(iii) does so in the ordinary course of trade from a permanently located and established place of business;(2)(a)(iv) does not perform refractions, over-refractions, or attempt to traffic upon assumed skill in licensed physician or optometrist testing of the eye; and(2)(a)(v) complies with impact tolerance standards based on ANSI Z80.1-2010, American National Standard for Ophthalmics – Prescription Lenses.(2)(b) In accordance with Subsection(2)(a) , a person may:(2)(b)(i) sell, reproduce, or dispense ophthalmic lenses;(2)(b)(ii) fit or adjust ophthalmic lenses or frames;(2)(b)(iii) assist with the selection of frames for ophthalmic lenses;(2)(b)(iv) measure pupillary distance and interpret pupillary distance measurements; or(2)(b)(v) measure or interpret the reading segment height in bifocal, tri-focal, progressive, or multi-focal lenses.(3) Nothing in this section may be construed as requiring a person to be licensed or certified in any way under this or any another chapter of this title to sell contact lenses in accordance with Subsection(1) , or to sell ophthalmic lenses in accordance with Subsection(2) . - Contact lens prescription: means a written or verbal order for contact lenses that includes: