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    Subdivision 1. Prohibited conduct. No optometrist or physician may:
(1) condition the availability of an eye examination or the release of a prescription to a patient
on a requirement that the patient agree to purchase ophthalmic goods from the optometrist or
physician who performed the eye examination or from another specified optometrist or physician;
(2) charge a patient a fee in addition to the optometrist's or physician's examination and
fitting fees as a condition of releasing the prescription to the patient. An optometrist or physician
may charge a reasonable additional fee for fitting ophthalmic goods dispensed by another
practitioner if that fee is imposed at the time the fitting is performed; or
(3) prescribe a manufacturer's brand name contact lens that can only be dispensed through
the prescribing physician or optometrist's office.
    Subd. 2. Contraindications for contact lenses. If an optometrist or physician determines
that a patient's ocular health presents a contraindication for contact lenses, the optometrist
or physician must orally inform the patient of the contraindication and must document the
contraindication in the patient's records. An optometrist or physician may exclude categories
of contact lenses where clinically indicated.
    Subd. 3. Waivers of liability prohibited. No optometrist or physician may place on a
patient's prescription, require a patient to sign, or deliver to a patient a form or notice waiving
liability or responsibility for the accuracy of the eye examination or the accuracy of the
ophthalmic goods and ophthalmic services dispensed by another practitioner. Prohibiting waivers
of liability under this subdivision does not impose liability on an optometrist or physician for
the ophthalmic goods or ophthalmic services dispensed by another practitioner pursuant to the
optometrist's or physician's prescription.
History: 2002 c 259 s 3

Official Publication of the State of Minnesota
Revisor of Statutes