Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 189 First Substitute (2024GS)

Sponsor

Rep. Teuscher, J.

Final action

House/ filed 3/1/2024

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
• provide a patient with a prescription for a specific brand or manufacturer, if medically appropriate, at the patient's request; and
• prohibits an optometrist or physician who prescribes a contact lens to a patient from selling a contact lens to that patient.

Every vote on this bill

Bill text

CONTACT LENS PURCHASE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
____________
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
• provide a patient with a prescription for a specific brand or manufacturer, if
medically appropriate, at the patient's request; and
▸ prohibits an optometrist or physician who prescribes a contact lens to a patient from
selling a contact lens to that patient.
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 -- Requirements for a
contact lens prescription -- Prohibition on prescription and sale.
(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;
(d) ask the patient if the patient has a preference for a particular brand or manufacturer;
and
(e) document the information described in Subsection (1)(c) and (1)(d) in a clear
statement on:
(i) the document required by federal law acknowledging that the patient received the
contact lens prescription; or
(ii) the digital prescription if the optometrist or physician is providing a digital
prescription;
[
(c)
] 
(f)
 present a written copy of the prescription to the patient after fitting; and
[
(d)
] 
(g)
 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) If the patient requests a brand or manufacturer that the prescribing 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.
(5) If an optometrist or physician issues a contact lens prescription to a patient, the
optometrist or physician may not sell the prescribed contact lens to the patient.
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.