§ 327:25-b — Prescriptions for Spectacle Lenses and Contact Lenses

For the purpose of a provider issuing a prescription for spectacle lenses, as defined in RSA 327-A:1, III, or a prescription for contact lenses, as defined in RSA 327-A:1, IV, to a patient, a provider shall establish a bona fide provider-patient relationship by an examination in person, through face-to-face interactive, 2-way, real-time communication, or telemedicine when all of the following conditions are met:
I. The provider obtains an updated medical history at the time of prescribing;
II. The provider makes a diagnosis at the time of prescribing;
III. The provider conforms to the standard of care expected of in-person care as appropriate to the patient's age and presenting condition, including when the standard of care requires the use of diagnostic testing and performance of a physical examination, which may be carried out through the use of peripheral devices appropriate to the patient's condition;
IV. The ophthalmic prescription is not determined solely by use of an online questionnaire;
V. The provider is actively licensed in New Hampshire and authorized to prescribe; and
VI. Upon request, the prescriber provides patient records in a timely manner in accordance with the provisions of RSA 332-I and all other state and federal laws and regulations.

Legislative History

2019, 199:2, eff. Sept. 8, 2019.