2010 Utah Code
Title 58 - Occupations and Professions
Chapter 16a - Utah Optometry Practice Act
58-16a-801 - Contact lens seller or provider.

58-16a-801. Contact lens seller or provider.
(1) A person may sell or provide contact lenses if the person:
(a) does so in the ordinary course of trade from a permanently located and established place of business;
(b) does not perform refractions, over-refractions, or attempts to traffic upon assumed skill in testing the eye;
(c) provides all contact lenses consistent with and in accordance with a valid contact lens prescription;
(d) does not fit contact lenses;
(e) provides a contact lens to a patient after:
(i) receiving an unexpired verbal or written prescription; or
(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:
(A) the person has all of the information necessary to fill the prescription;
(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;
(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
(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
(f) maintains patient information, including the method and date of any prescription verification, for no less than seven years.
(2) 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).

Amended by Chapter 48, 2004 General Session