iCareRX Certification Standards
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Eyewear Merchant Websites
Validity of Prescription
The seller must dispense or offer to dispense prescription eyeglasses only after duplication of an existing pair of eyeglasses, as permitted by law, or upon receipt or verification of a valid eyeglass prescription issued by a practitioner authorized to prescribe eyeglasses under applicable state law (“prescriber”). Receipt means that the prescription has been presented to the seller by the patient or prescriber directly, by paper or electronic means, including scanned copy, SMS, digital image, or by facsimile. Verification means either direct communication with the prescriber or confirmation that a valid prescription is on file with the seller or a division, subsidiary, affiliate, or business partner of the seller (“Business Associate”).
Information for Verification
When seeking verification of a prescription in accordance with state law from a prescriber or Business Associate, a seller shall provide the following information through direct communication (including but not limited to telephone, facsimile, photo, digital image, scanned copies, text message (SMS or MMS), or electronic mail): (1) The patient’s full name and either address or birthdate; (2) The date of the patient request; (3) The date and time of the verification request by the seller; and (4) The name of a contact person at the seller’s company, including facsimile and telephone numbers and email address if available.
A seller may treat the prescription as verified if one of the following is true: (1) The prescriber provides or confirms the prescription by direct communication with the seller; or (2) The seller receives confirmation that a valid prescription is on file with a Business Associate.
Seller Telephone, Facsimile, and Electronic Mail
The seller shall provide a toll-free telephone number, facsimile line, and email address that are available to prescribers and their authorized agents for the purpose of confirmation of eyeglass prescriptions. If the seller also sells contact lenses it may use the same numbers and email address for confirmation of both contact lens and eyeglass prescriptions.
“Eyeglass Prescription” means a prescription issued in accordance with state and federal law that contains sufficient information for the complete and accurate filling of a prescription for eyeglasses, including the following: (1) The name of the patient; (2) The issue date and expiration date (if any) of the prescription; (3) The name, postal address, telephone number, facsimile number (if any) and email address (if any) of prescriber; and (4) The power of the prescribed lens.
Record Keeping Requirements
A seller shall maintain a record of all duplications, receipt of prescriptions, and direct communications. Record keeping requirements for duplications: a written or electronic record of the name of the person performing the lens neutralization leading to the determination of the powers of the lenses, the date, and the refractive powers measured in the eyeglass lenses being duplicated. Record keeping requirements for prescriptions presented to the seller: the prescription itself, or the electronic, digital, or facsimile version thereof (including an email containing a digital image of the prescription) that was presented to the seller by the patient or prescriber. Record keeping requirements for communications from the prescriber, including prescription verifications: (1) If the communication occurs in writing (e.g., via facsimile or email), a copy of the communication and a record of the time and date it was received; and (2) If the communication occurs orally (e.g., via telephone), a log describing the information communicated, the date and time that the information was received, and the names of the individuals who participated in the call or conversation. The records required to be maintained under this section shall be maintained for a period of not less than three years, or as otherwise required by state law, and these records, with HIPAA-protected information redacted, must be made available for inspection by LegitScript upon request.
The internet eyeglass seller’s website and affiliated websites must comply with all provisions of law in the jurisdictions where the seller does business, including but not limited to the Federal Food, Drug, and Cosmetic Act for patients in, or shipments to or within, the United States. The internet eyeglass sellers must not dispense, or offer to dispense, in the US any eyeglasses that have not been certified as impact-resistant pursuant to 21 CFR Part 801.410. Copies of invoice(s), shipment document(s), records of sale or distribution of all impact-resistant lenses, including finished eyeglasses and sunglasses, shall be kept and maintained for a period of three years. The records kept in compliance with this paragraph must be available for inspection by LegitScript upon request.
Privacy and Security
The internet eyeglass seller’s website, and any affiliated website that is operated by seller and processes orders or payments for the internet eyeglass seller’s website, must provide on the website an accurate street address of the Internet eyeglass seller or its corporate headquarters. The internet eyeglass seller’s website, and any affiliated website that is operated by seller and processes orders or payments for the internet eyeglass seller’s website, must provide on the website an accurate, readily accessible, and responsive toll-free phone number or secure mechanism via the website. The internet eyeglass seller’s website, and any affiliated website that is operated by seller and processes orders or payments for the Internet eyeglass seller’s website, must provide on the website an accurate, readily accessible, and responsive toll-free phone number or secure mechanism via the website. “Readily accessible” means that a live person is available promptly during the regular business hours of the seller, practice, or practitioner, which must be clearly and conspicuously displayed on the website, allowing patients to contact or consult with a company representative regarding complaints or concerns. All questions regarding health issues, eye care, or vision problems should be referred back to the prescriber.
The internet eyeglass seller’s website, and any affiliated website, must not engage in practices or extend offers on its website that may deceive or defraud patients as to any material detail regarding the Internet eyeglass seller, the affiliate, the staff of the Internet eyeglass seller or affiliate, the prescription eyeglasses being sold, or the financial transactions related to the sale.
Domain Name Registration
The domain name registration information of the applicant seller’s website, and any affiliated website that is operated by seller and processes orders or payments for the Internet eyeglass seller’s website, must be accurate, and the domain name registrant must have a logical nexus to such Internet eyeglass seller. Absent extenuating circumstances, applicant websites utilizing anonymous domain name registration services will not be eligible for approval.
The applicant website, any affiliated internet eyeglass seller, any optometric or ophthalmic practice or eyecare practitioner it promotes, its staff, domain name registrants, and any person or entity that exercises control over or participates in the applicant business, must not be affiliated with or control any other website that violates these standards.