                                 CODE OF VIRGINIA

OPHTHALMIC PRESCRIPTION DEFINED; WHO MAY PROVIDE OPHTHALMIC PRESCRIPTIONS (§
54.1-2400.01:2)

A. As used in this section:
			&#8220;Contact lens&#8221; means any lens that is placed directly on the
surface of the eye, whether or not the lens is intended to correct a visual
defect, including any cosmetic, therapeutic, or corrective contact lens.
			&#8220;Ophthalmic prescription&#8221; means a handwritten or electronic order
of a provider that includes (i) in the case of contact lenses, all information
required by the Fairness to Contact Lens Consumers Act, 15 U.S.C. &#xA7;&#xA7;
7601 et seq., (ii) in the case of prescription eyeglasses, all information
required by the Ophthalmic Practice Rule, also known as the Eyeglass Rule, 16
C.F.R. Part 456, and (iii) necessary and appropriate information for the
dispensing of prescription eyeglasses or contact lenses for a patient, including
the provider&#8217;s name, physical address at which the provider practices, and
telephone number.
			&#8220;Provider&#8221; means an ophthalmologist licensed by the Board of
Medicine pursuant to Chapter 29 (&#xA7; 54.1-2900 et seq.) or an optometrist
licensed by the Board of Optometry pursuant to Chapter 32 (&#xA7; 54.1-3200 et
seq.).

B. For the purpose of a provider prescribing spectacles, eyeglasses, lenses, or
contact lenses to a patient, a provider shall establish a bona fide
provider-patient relationship by an examination (i) in person, (ii) through
face-to-face interactive, two-way, real-time communication, or (iii)
store-and-forward technologies when all of the following conditions are met: (a)
the provider obtains an updated medical history at the time of prescribing; (b)
the provider makes a diagnosis at the time of prescribing; (c) the provider
conforms to the standard of care expected of in-person care as appropriate to
the patient&#8217;s age and presenting condition, including when the standard of
care requires the use of diagnostic testing and performance of a physical
examination, which may be carried out through the use of peripheral devices
appropriate to the patient&#8217;s condition; (d) the ophthalmic prescription is
not determined solely by use of an online questionnaire; (e) the provider is
actively licensed in the Commonwealth and authorized to prescribe; and (f) upon
request, the prescriber provides patient records in a timely manner in
accordance with the provisions of &#xA7; 32.1-127.1:03 and all other state and
federal laws and regulations.

C. The requirements of this section shall not apply to (i) the sale of
eyeglasses not designed to correct or enhance vision by addressing the visual
needs of the individual wearer and that may be known as over-the-counter
eyeglasses or readers or (ii) a licensed optician providing services in
accordance with &#xA7; 54.1-1509.

D. The provisions of this section shall not apply to ophthalmic prescriptions
written prior to July 1, 2017.

HISTORY: 2017, cc. 169, 184.