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Your Responsibilities Under the Contact Lens Prescription Act (CLPA)



The Texas Optometric Association strongly encourages all Texas optometrists and ophthalmologists to review their responsibilities under the Contact Lens Prescription Act and the Texas Optometry Act. The TOA strongly encourages every optometrist to follow both the letter AND the spirit of the law.

Q.

Do I have to give every contact lens patient their contact lens prescription?

A.

 Yes. After an initial examination and contact lens fitting, a patient may request a copy of his or her contact lens prescription, and you must comply with that request (CLPA 353.156 a).

Q.

Can I fax, email or phone a contact lens prescription?

A.

 Yes. If your patient has requested their prescription you may fax or email it to another optometrist, physician, pharmacist, optician or valid contact lens dispenser. If you, as the doctor, determine that your patient needs their contact lens prescription quickly then the contact lens prescription may be phoned in to the appropriate dispenser, under the emergency provision of the law.

The spirit of the law is for the patient to be able to get their contact lens prescription quickly and conveniently.

Q.

Can I write an expiration date for longer than one year?

A.

 Yes. An expiration date must be for at least one year, unless there is an ocular health reason to warrant a shorter one. If you write it for less than one year, then you must tell the patient why and document it in their chart.

Q.

How many copies of a prescription must I give a patient?

A.

 If a patient asks for an additional copy of their prescription, you should give it to them. If there is a valid reason for you to believe that it is not in the patient’s best ocular health interest to give them an additional copy, you may choose not to write an additional prescription; however, the TOA believes that is the better practice to give your patients what they ask for unless there is a valid health reason not to.

Q.

Are there any circumstances under which I do not have to give a patient their contact lens prescription?

A.

 You must give a copy to the patient upon request unless; you have not been paid, you have not determined the final parameters or there is a legitimate ocular health reason. The TOA strongly recommends that optometrists release contact lens prescriptions in the vast majority of circumstances.

If you refuse to release a patient’s contact lens prescription, then you must tell the patient the reason, and you must document that reason in their record. (CLPA 353.157 c)

Q.

Can I make a patient sign a form that waives his or her liability for the accuracy of the prescription?

A.

 No. It is illegal to make a patient sign a form or notice that waives his or her liability for the accuracy of the prescription. (CLPA 353.18-2) You are not liable for a patient’s subsequent use of a contact lens prescription if you do not re-examine the patient and the patient’s condition, age, general health and susceptibility to an adverse reaction caused by or related to the use of contact lens or other factors result in the patient no longer being a proper candidate for the contact lens prescribe. (CLPA 353.201)

Q.

Can I require the patient to buy their contact lenses from me?

A.

 No. Generally, you cannot require the patient to buy their contact lenses from you. However, if you use a trial lens in the fitting process you may charge a materials fee.