Can an ophthalmic dispenser dispense replacement contact lenses or eyeglasses without a prescription?
While Education Law, Article 144, section 7121, provides for the replacement or duplicates of eyeglasses and contact lenses without a prescription, recently enacted federal law, the Fairness to Contact Lens Consumers Act (15 U.S.C. 7603) and its implementing regulations (16 CFR 315.5), requires that a seller may sell contact lenses only in accordance with a contact lens prescription. The prescription must be: • presented to the seller by the patient or prescriber directly or by facsimile; or • verified by direct communication. Therefore, it would be permissible to replace or duplicate eyeglasses, but not contact lenses without a prescription.
