(a) As used in this section:

(1) “Contact lens” means any lens placed directly on the surface of the eye, regardless of whether or not the lens is intended to correct a visual defect, including, but not limited to, any cosmetic, therapeutic or corrective lens;

(2) “Eye examination” means a physical assessment of the ocular health and visual status of a patient that may include, but does not consist solely of, objective refractive data or information generated by an automated testing device, including, but not limited to, a remote refractive device, in order to establish a medical diagnosis or for the correction of vision disorders;

(3) “Initial prescription” means a provider’s handwritten or electronic contact lens prescription, as defined in 15 USC 7610, that the provider issues the first time the provider fits a patient with a contact lens;

(4) “In-person evaluation” means a patient evaluation conducted by a provider who is at the same physical location as the location of the patient;

(5) “Provider” means an optometrist licensed pursuant to chapter 380 or a physician licensed pursuant to chapter 370 who specializes in ophthalmology; and

(6) “Remote refractive device” means automated equipment or an application designed to be used on a telephone, computer or Internet-based device that can be used either in person or remotely to conduct a test to determine the refractive status of the eyes.

(b) A provider may not use the data or information obtained from the administration of a test using a remote refractive device as the sole basis for issuing an initial prescription or renewing an initial prescription. No provider shall issue an initial prescription to or renew an initial prescription for a patient without having performed an in-person evaluation and an eye examination of the patient.

(P.A. 17-115, S. 1.)