A. An assessment mechanism to conduct an eye assessment or to generate a prescription for contact lenses or visual aid glasses to a patient in Oklahoma shall:
1. Provide synchronous or asynchronous interaction between the patient and the Oklahoma-licensed optometrist;
2. Collect the patient's medical history, previous prescription for corrective eyewear and length of time since the patient's most recent in-person comprehensive eye health examination;
3. Provide any applicable accommodation required by the federal Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq., as amended;
4. Gather and transmit protected health information in compliance with the federal Health Insurance Portability and Accountability Act of 1996, as amended;
5. Be used to perform a procedure with a recognized Current Procedural Terminology code maintained by the American Medical Association, if applicable; and
6. Maintain liability insurance, through its owner or lessee, in an amount adequate to cover claims made by individuals examined, diagnosed, or treated based on information and data, including any photographs, and scans, and other digital data generated by the assessment mechanism.
B. An Oklahoma-licensed optometrist shall:
1. Read and interpret the diagnostic information and data, including any photographs and scans, gathered by the assessment mechanism;
2. Verify the identity of the patient requesting treatment via the assessment mechanism;
3. Create and maintain a medical record for each patient, which is for use during the ongoing treatment of a patient and complies with all state and federal laws regarding maintenance and accessibility and is HIPAA-compliant; and
4. Provide a handwritten or electronic signature, along with their Oklahoma state license number, certifying their diagnosis, evaluation, treatment of the patient, and prescription or consultation recommendations for the patient.
C. Prior to using an assessment mechanism, each Oklahoma patient shall be provided with and shall accept as a term of use a disclosure that includes the following information:
1. This assessment is not a replacement for an in-person comprehensive eye health examination;
2. This assessment cannot be used to generate an initial prescription for contact lenses or a follow-up or first renewal of the initial prescription;
3. This assessment may only be used if the patient has had an in-person comprehensive eye health examination within the previous twenty-four (24) months if the patient is conducting an eye assessment or receiving a prescription for visual aid glasses; and
4. The United States Centers for Disease Control and Prevention (CDC) advises contact lens wearers to be examined by an eye doctor one time a year or more often if needed.
D. Evaluation, treatment and consultation recommendations by an Oklahoma-licensed optometrist utilizing an assessment mechanism as required in this section, including issuing a prescription via electronic means, shall be held to the same standards of appropriate practice guidelines and standard of care as those in traditional in-person clinical settings.
E. This section shall not:
1. Limit the discretion of an Oklahoma-licensed optometrist to direct a patient to utilize any telehealth service deemed appropriate for any treatment and care of the patient;
2. Limit the sharing of patient information, in whatever form, by an optometrist; or
3. Apply beyond ocular health and eye care.
Added by Laws 2019, c. 427, § 5, eff. Nov. 1, 2019.