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Contact Lens Prescriptions

By Carson & Adkins
FOA General Counsels

What is the expiration date for a contact lens prescription? The answer requires reference to both Florida and Federal law, and depends on the type of contact lens prescribed by the optometrist.

Daily Wear Soft Contact Lens

Subsection (2)(b) of 463.012, Florida Statutes, expressly provides that a prescription for daily wear soft contact lens is valid for a period of 2 years. The Florida Board of Optometry has implemented this statutory provision by enacting Rule 64B13-3.012, Florida Administrative Code. Rule 64B13-3.012 provides that this 2 year period of validity applies only to contact lenses determined by the Federal Drug Administration to be daily wear lenses. Consequently, the mere fact that the optometrist chooses to prescribe daily wear soft contact lenses does not necessarily mean that the prescription is automatically valid for 2 years. The daily wear soft contact lenses prescribed by the optometrist must be FDA approved as a daily wear lens in order for the prescription to be valid for 2 years.

If the contact lens prescribed is not approved by the FDA for daily wear, the period of validity of the prescription is based on both Florida and Federal law. On December 6, 2003, President Bush signed the Fairness to Contact Lens Consumer Act. Among other things, the Act provides that when State law does not specify the period of validity for a contact lens prescription, the prescription is valid for not less that 1year unless the optometrist specifies a shorter period of time based on the optometrist’s medical judgment with respect to the patient’s ocular health. This provision of the Act is consistent with Florida Board of Optometry Rule 64B13-3.012 (5) that provides that the length of a contact lens prescription, other than a prescription for FDA approved daily wear lenses which is valid for 2 years, must be based on the professional judgment of the optometrist.

In sum, a prescription for daily wear soft contact lenses that are approved by the FDA as daily wear lenses is valid for 2 years. An optometrist cannot shorten the period of validity for such a prescription. If, on the other hand, the prescription is for contact lenses that are not approved by the FDA as daily wear lenses, the prescription is valid for at least 1 year unless shortened by the optometrist based solely on the optometrist’s medical judgment with respect to the patient’s ocular health.

Extended Wear Contact Lens

Unlike FDA approved daily wear soft contact lenses, Florida law does not specify a period of validity for a prescription for extended wear lenses. As mentioned above, when State law does not establish the period of validity for a contact lens prescription, the Fairness to Contact Lens Consumer Act provides that such a prescription is valid for at least 1 year unless shortened based on the optometrist’s medical judgment with respect to the patient’s ocular health. Consequently, a prescription for extended wear contact lens by a Florida optometrist will be valid for at least 1 year unless shortened based on the medical judgment of the optometrist due to the ocular health of the patient. Rule 64B13-3.012 (5) states that the length and when the prescription can safely and accurately be written shall be left to the optometrist’s professional judgment.

The fact that the optometrist customarily advises extended wear patients to obtain a follow-up evaluation at 6 month intervals does not serve to automatically limit the prescription to 6 months. Any prescription that the optometrist writes that is valid for less than 1year must be based on a medical necessity. The Federal rules implementing the Fairness to Contact Lens Consumer Act provide that the specific reasons for the optometrist’s medical judgment to limit the prescription to less than 1 year must be documented in the patient record with sufficient detail to allow for review by another optometrist or ophthalmologist.

Expiration Date on Prescription

The Federal rules implementing the Fairness to Contact Lens Consumer Act provides that all contact lens prescriptions must contain the issue date and the expiration date of the prescription.

Note: This column is for informational purposes only, and is not intended to constitute legal advice and should not be relied upon as such. Should a question arise in the reader’s practice concerning the matters mentioned in the column, the reader is urged to consult legal counsel.