Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 342 (2022GS)

Sponsor

Rep. Teuscher, J.

Final action

House/ filed 3/4/2022

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires an optometrist or physician who is prescribing a contact lens to:
• provide certain information to the patient during the patient consultation;
• document certain information related to the patient interaction; and
• include certain disclosures on the patient's prescription.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Thu, Feb 17, 2022 at 1:11 PM by pflowers.
CONTACT LENS PURCHASE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
 Curtis S. Bramble
LONG TITLE
General Description:
This bill requires certain information to be communicated to a patient receiving a
contact lens prescription. 
Highlighted Provisions:
This bill:
▸ requires an optometrist or physician who is prescribing a contact lens to:
• provide certain information to the patient during the patient consultation;
• document certain information related to the patient interaction; and
• include certain disclosures on the patient's prescription.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-16a-306
, as last amended by Laws of Utah 2003, Chapter 270
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-16a-306
 is amended to read:
58-16a-306.
Contact lens prescription -- Qualifications.
(1) An optometrist or physician issuing a contact lens prescription shall:
(a) be licensed under this title to practice in Utah;
(b) ensure the final contact lens prescription is accurate;
(c) inform the patient that the patient may have options among several contact lens
brands or manufacturers and ask the patient if the patient has a preference for a particular brand
or manufacturer
Ĥ→ [
;
] 
, and document this information in a clear statement on:
33a 
 (i) the document required by federal law acknowledging that the patient received the
33b 
contact lens prescription; or
33c 
 (ii) the digital prescription, if the optometrist or physician is providing a digital
33d 
prescription;
 ←Ĥ
[
(c)
] 
(d)
 present a written copy of the prescription to the patient after fitting; and
[
(d)
] 
(e)
 provide a copy of the patient's contact lens prescription to a person who sells
contact lenses upon the request of the patient or the person selling the contact lenses.
(2) An optometrist or physician may not be held liable as a result of providing a
prescription to a patient as required by Subsection (1).
(3) Application of the provisions of this section shall be consistent with 45 C.F.R. Parts
160 and 164, Standards for Privacy of Individually Identifiable Health Information.
(4)
Ĥ→ [
(a)
] ←Ĥ
If the patient requests a brand or manufacturer that the prescribing
41a 
optometrist
or physician determines is medically appropriate for the patient, the prescribing optometrist or
physician shall offer the patient a prescription that includes the brand or manufacturer that the
patient requests.
Ĥ→ [
(b) The prescribing optometrist or physician may include alternative brands or
manufacturers under Subsection (4)(a) on a single prescription.
(c) If the prescribing optometrist or physician determines that only a single brand or
manufacturer is medically appropriate for the patient, the prescribing optometrist or physician
shall document the reason for this medical judgment with sufficient detail to allow a qualified
professional to review the medical judgment.
(d) The prescribing optometrist or physician shall:
(i) provide the documentation described in Subsection (4)(c) to the patient upon the
patient's request; and
(ii) maintain the documentation described in Subsection (4)(c) for at least three years
after the date of the patient encounter.
(5) (a) A prescription issued under this part shall include on the federally required
acknowledgment of receipt of the contact lens prescription, or on the digital prescription if
providing a digital prescription, a clear statement indicating that the patient:
] ←Ĥ
Ĥ→ [
(i) acknowledges that the prescriber informed them that the patient may have a choice
among several contact lens manufacturer brands, and the patient was asked if the patient had a
preference; and
(ii) received a list of any brands or manufacturers that the patient requested that were
not included on the patient's prescription.
(b) If a patient requests a discussion with the optometrist or physician under Subsection
(5)(a)(ii), the prescribing optometrist shall list all of the brands that the patient has requested on
the contact lens prescription.
] ←Ĥ