Collapse to view only § 7606. Prohibition of certain waivers
- § 7601. Availability of contact lens prescriptions to patients
- § 7602. Immediate payment of fees in limited circumstances
- § 7603. Prescriber verification
- § 7604. Expiration of contact lens prescriptions
- § 7605. Content of advertisements and other representations
- § 7606. Prohibition of certain waivers
- § 7607. Rulemaking by Federal Trade Commission
- § 7608. Violations
- § 7609. Study and report
- § 7610. Definitions
A prescriber may require payment of fees for an eye examination, fitting, and evaluation before the release of a contact lens prescription, but only if the prescriber requires immediate payment in the case of an examination that reveals no requirement for ophthalmic goods. For purposes of the preceding sentence, presentation of proof of insurance coverage for that service shall be deemed to be a payment.
Any person that engages in the manufacture, processing, assembly, sale, offering for sale, or distribution of contact lenses may not represent, by advertisement, sales presentation, or otherwise, that contact lenses may be obtained without a prescription.
A prescriber may not place on the prescription, or require the patient to sign, or deliver to the patient a form or notice waiving or disclaiming the liability or responsibility of the prescriber for the accuracy of the eye examination. The preceding sentence does not impose liability on a prescriber for the ophthalmic goods and services dispensed by another seller pursuant to the prescriber’s correctly verified prescription.
The Federal Trade Commission shall prescribe rules pursuant to section 57a of this title to carry out this chapter. Rules so prescribed shall be exempt from the requirements of the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act (15 U.S.C. 2301 et seq.). Any such regulations shall be issued in accordance with section 553 of title 5. The first rules under this section shall take effect not later than 180 days after the effective date of this chapter.