Oklahoma § 59-646.2 - Requirements for assessment mechanisms

§ 59-646.2. Requirements for assessment mechanisms

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

Oklahoma Statutes - Title 59. Professions and Occupations

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 inperson 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.