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Key: (1) language to be deleted (2) new language

CHAPTER 31--H.F.No. 559

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

Presented to the governor May 17, 2019

Signed by the governor May 17, 2019, 5:51 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes