Haw. Code R. § 16-91-6 - Dispensing contact lenses; notice

(a) Upon dispensing contact lenses, the dispensing optician shall give the client a written notice on a board approved form which instructs the client to return to the prescribing ophthalmologist or optometrist to ensure that the client has received contact lenses of the proper fit and prescription.

(b) The written notice shall instruct the client to return to the prescribing ophthalmologist or optometrist for an examination as to the prescription and fit of the contact lenses and receipt of such written notice shall be acknowledged in writing by the client; provided that such written acknowledgment shall not be required when the contact lenses are delivered to the prescribing ophthalmologist or optometrist pursuant to subsection (c)(1). The notice shall be written clearly and coherently using words with common or ordinary meanings, shall be printed using eight-point or larger type with at least one point of leading between lines, and shall use paper and ink of sufficient quality and contrast to be easily legible.

(c) Nothing in this chapter shall be construed to prohibit a dispensing optician from filling a prescription for contact lenses issued by an ophthalmologist or optometrist licensed in another state, territory, country, or the District of Columbia provided that:

(1) The dispensing optician either adapts, fits, or adjusts the contact lenses for the intended wearer while the wearer is physically present or delivers the lenses to the prescribing ophthalmologist or optometrist for such adapting, fitting, or adjustment;

(2) The dispensing optician complies with the requirements set forth in subsections (a) and (b);

(3) Where the intended wearer is physically present, the dispensing optician shall offer to refer the intended wearer to an ophthalmologist or optometrist located on that island; and

(4) No action is taken by the dispensing optician as a means of evading the licensing requirements of any profession.

Notes

Haw. Code R. § 16-91-6

[Eff 7/2/64; am and ren § 16-91-6, 7/2/81; am and comp 4/29/85; am and comp 5/28/87; am and comp 7/24/89; comp 5/23/92] (Auth: HRS § 458-3) (Imp: HRS § 458-12.5)