Affirmative Disclosures Required

R4-21-303. Affirmative Disclosures Required A. A licensee shall ensure that an advertisement for or by the licensee clearly indicates within the advertisement: 1. Whether spectacle lenses or contact lenses advertised are single vision, multi-focal, or other; 2. Whether the price advertised for spectacles includes both the frame and lenses; 3. Whether the price advertised includes an eye examination; 4. Whether the price advertised for contact lenses includes all dispensing fees, follow-up care, and a contact lens accessory kit and if an accessory kit is included, the specific features of the kit; 5. Whether restrictions are imposed upon delivery, if delivery time is advertised; 6. The refund policy if refunds are advertised; and 7. A statement that other restrictions apply if there are other restrictions. B. A licensee shall inform a patient of all professional fees before providing treatment. C. A licensee who refers a patient to a facility in which the licensee or a member of the licensee’s family has an ownership March 31, 2019 Supp. Administrative Code 4 A.A.C. 21 OF OPTOMETRY or employment interest shall advise the patient of the interest at the time of referral. D. A licensee who charges a patient a fee for a warranty or a service or ophthalmic-goods-replacement agreement, shall: 1. Give the patient a written copy of the warranty or service or ophthalmic-goods-replacement agreement; 2. Ensure that the warranty or service or ophthalmic-goodsreplacement agreement explains the coverage included and any limitation; 3. Document compliance with subsection (D)(1) by making a written entry on the patient’s record; and 4. Place a copy of the warranty or service or ophthalmicgoods-replacement agreement, signed by the patient, in the patient’s record. Historical Note Adopted effective April 1, 1991 (Supp. 91-2). Amended effective November 5, 1998 (Supp. 98-4). Amended by final rulemaking at 11 A.A.R. 1864, effective May 3, 2005 (Supp. 05-2). Amended by final rulemaking at 14 A.A.R. 12, effective February 2, 2008 (Supp. 07-4).