SF 544

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/08/2019 02:51pm

A bill for an act
relating to health occupations; requiring a provider-patient relationship in order
to make ophthalmic prescriptions; amending Minnesota Statutes 2018, section
145.713, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 145.713, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Provider-patient relationship required. new text end

new text begin (a) For purposes of this subdivision,
the following terms have the meanings given:
new text end

new text begin (1) "contact lens" 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 lens;
new text end

new text begin (2) "ophthalmic prescription" means a handwritten or electronic order of a provider that
includes:
new text end

new text begin (i) in the case of contact lenses, all information required by the Fairness to Contact Lens
Consumers Act, United States Code, title 15, section 7601, et seq.;
new text end

new text begin (ii) in the case of prescription eyeglasses, all information required by the Ophthalmic
Practice Rule, also known as the Eyeglass Rule, Code of Federal Regulations, title 16, part
456; and
new text end

new text begin (iii) necessary and appropriate information for the dispensing of prescription eyeglasses
or contact lenses for a patient, including, at a minimum, the provider's name, the physical
address of the provider's practice, and the provider's telephone number; and
new text end

new text begin (3) "provider" means an optometrist or physician.
new text end

new text begin (b) For the purposes of a provider prescribing ophthalmic goods to a patient, the provider
must establish a provider-patient relationship through an examination pursuant to paragraph
(c).
new text end

new text begin (c) An examination meets the requirements of paragraph (b) if it takes place:
new text end

new text begin (1) in person;
new text end

new text begin (2) through face-to-face interactive, two-way, real-time communication; or
new text end

new text begin (3) through store-and-forward technologies when all of the following conditions are
met:
new text end

new text begin (i) the provider obtains an updated medical history and makes a diagnosis at the time of
prescribing;
new text end

new text begin (ii) the provider conforms to the standard of care expected of in-person care as appropriate
to the patient'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's condition;
new text end

new text begin (iii) the ophthalmic prescription is not determined solely by use of an online questionnaire;
new text end

new text begin (iv) the provider is licensed and authorized to issue an ophthalmic prescription in the
state; and
new text end

new text begin (v) upon request, the provider provides patient records in a timely manner in accordance
with state and federal requirements.
new text end

new text begin (d) This subdivision does not apply to the sale of over-the-counter eyeglasses, also known
as readers, that are not designed to address the visual needs of the individual wearer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to ophthalmic
prescriptions written on or after that date.
new text end