Can an optomitrist withold my contact lense RX??

Question

i have worn contacts for 2 years. i recently made an appointment to have my year contact lense fitting with a new dr. after the appointment, i was given the standard one contact lense in several color to try out, WITHOUT the Rx. these contacts are from the same brand i normally wear ( i wear freshlook colors and i got a trial for colorblends). anyway, i was told to call a day after the appointment to let them know what color i liked best.

Instead of calling them to order through them, i tried to buy them online and i got a response from the online store saying i had an invalid RX. when i called the dr's office back, they basically said despite the fact that my eyes are healthy, i had to get my new contacts from them. Can they withold my own RX from me? My last DR did not do this. I feel like suing them for the cost of the eye exam.

Answer 1

One simple problem that may be part of the issue is, if the doctor took the time to fit you for contacts with the proper measurements, he is ultimately responsible for how they fit.  Of course you can go and buy them cheaper, but then when you run into a problem with the comfort or vision, "Joe Contacts" on the phone is going to tell you to go see the doctor. This is why many doctors are reluctant to give them out, they do the work while the 1-800 contacts of the world collect the money. There prices are cheaper because they send you the lenses, period. No advice, no assistance, nothing else. Keep in mind, service isn't free, you don't work for free do you?

Answer 2

It is illegal to withhold any prescription. My advice is to call them and demand a copy. If they refuse I would report them to whatever local licensing board controls them and the Better Business Bureau. You do not have to get your lenses through them. They are lying to you.

Answer 3

No, they absolutely cannot keep your Rx from you if you paid for your examination.

Answer 4

Apparently illegal on both state and federal levels.

California Code (BUSINESS AND PROFESSIONS CODE

SECTION 2541.2)

   (d) If a patient places an order with a contact lens seller other than a physician and surgeon, an optometrist, or a registered dispensing optician, the prescriber or his or her authorized agent shall, upon request of the contact lens seller and in the absence of the actual prescription, attempt to promptly confirm the information contained in the prescription through direct communication with the

contact lens seller.

   (h) A prescriber shall not condition the availability of an eye

examination, a contact lens fitting, or the release of a contact lens prescription on a requirement that the patient agree to purchase contact lenses from that prescriber.  A registered dispensing optician shall not condition the availability of a contact lens fitting on a requirement that the patient agrees to purchase contact lenses from that registered dispensing optician.

   (j) The willful failure or refusal of a prescriber to comply with

the provisions of this section shall constitute grounds for

professional discipline, including, but not limited to, the

imposition of a fine or the suspension or revocation of the

prescriber's license.  The Medical Board of California and the State Board of Optometry shall adopt regulations, to implement this subdivision, including, but not limited to, standards for processing complaints each receives regarding this subdivision.

http://www.leginfo.ca.gov/cgi-bin/waisga...

FTC Consumer Alert info and complaint link:

http://www.ftc.gov/bcp/edu/pubs/consumer...

California Office of the Attorney General:

http://ag.ca.gov/consumers/general.php

Answer 5

no they have to give it to you.  i think you have to pick up in person though... but it is your right to go elsewhere to get your contacts

Answer 6

They can make you come in for a follow up exam to make sure that the contacts fit alright but after that is done, or if they do not require it, the Fairness to Contact lens act requires them to give you a copy of your contact lens prescription as well as prohibits and body from forcing you to order contacts through them. Once your prescription is finalized you can go anywhere you want to get your lenses. If they are making you order through them they are breaking a Federal Law. And no matter where you live this is the case.

Answer 7

No they can't keep it from you.  If you request it, then they have to provide you with a written copy under the Law.

Answer 8

Did you have an eye exam?  In Florida, an eye exam prescription for lenses is good for only 2 years.

Answer 9

Once again, a lot of misinformed people answering this.  

Part of the prescription is the color of the lens.  That's why you were sent home with some.  Pick the color, call the office or stop by and let them know which color you want.  THEN they'll write up your prescription and give it to you.  This isn't some pissed off eye doctor trying to force you to buy contact from him.