N.J. Admin. Code § 13:33-4.1

Current through Register Vol. 56, No. 8, April 15, 2024

Section 13:33-4.1 - Dispensing of contact lenses

(a) An ophthalmic dispenser may dispense contact lenses upon presentation of a valid contact lens prescription written by a licensed optometrist or physician. The prescription shall contain the name, address and phone number of the prescriber.

(b) An ophthalmic dispenser may only replace, reproduce or duplicate a previously dispensed contact lens based upon a prescription or the specifications of record, which are the specific characteristics of the contact lens taken from the prescription.

(c) Contact lenses shall be dispensed upon the following conditions:

1. Dispensing shall only be performed by a licensed ophthalmic dispenser. Under no circumstances may dispensing be delegated to an unlicensed person.

2. Any contact lenses dispensed shall be in exact conformity with the prescription presented. The licensed ophthalmic dispenser shall not alter or substitute the lenses prescribed.

3. A licensed ophthalmic dispenser who dispenses contact lenses shall provide the following information to the patient whenever contact lenses are dispensed:

WARNING: IF YOU ARE HAVING ANY UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR REDNESS, REMOVE YOUR LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR LENSES AGAIN.

4. Under no circumstances shall contact lenses be dispensed after the expiration date stated on the prescription or, if there is no expiration date, more than two years after the date that the prescription was originally written.

5. A licensed ophthalmic dispenser shall not dispense to a patient contact lenses when the seals on the contact lens container have been opened.

(d) Concurrent with the dispensing of contact lenses, an individual patient record shall be created and be maintained for a period of four years from the date of the last entry in the record, and shall contain the following information:

1. A copy of any prescriptions for which contact lenses are dispensed;

2. The patient's name, address and telephone number;

3. The date on which the contact lenses were dispensed; and

4. The identity and initials of the licensed ophthalmic dispenser who dispensed the contact lenses.

(e) A licensed ophthalmic dispenser may mail contact lenses to a patient pursuant to a valid prescription provided:

1. The ophthalmic dispenser maintains a record of the prescribing eye doctor's name, address and telephone number and an original, or copy of the, patient's prescription or lens specifications, which includes the following information:

i. The name of the manufacturer;

ii. The brand name;

iii. The lens power;

iv. The base curve;

v. The diameter; and

2. The prescription has not expired pursuant to an expiration date stated by the prescribing eye doctor and the prescription or specifications of record are not more than two years old.

(f) A licensee who dispenses contact lenses without satisfying the conditions and limitations prescribed by this section shall be deemed to have engaged in professional misconduct.

(g) Ophthalmic dispensers shall complete a minimum of three classroom hours of continuing education covering the dispensing of contact lenses pursuant to 13:33-6.2 every biennial period.

N.J. Admin. Code § 13:33-4.1

New Rule, R.2001 d.95, effective 3/19/2001.
See: 32 N.J.R. 1286(a), 33 N.J.R. 1010(b).
Recodified from N.J.A.C. 13:33-3.1 and amended by R.2005 d.305, effective 9/6/2005.
See: 37 N.J.R. 938(a), 37 N.J.R. 3437(a).
Added (g).
Amended by R.2011 d.074, effective 3/7/2011.
See: 42 N.J.R. 1994(b), 43 N.J.R. 642(a)
In (a), deleted "directly to a patient" following "lenses"; rewrote (c)2; in the introductory paragraph of (d), substituted "four" for "seven"; and in (g), inserted "a minimum of".