15 U.S.C. § 7606 — Prohibition of certain waivers
submitted 23 years ago by Pub. L. 108-164 to r/title-15-COMMERCE-AND-TRADE · 67 words · no verdicts yet
A prescriber cannot make a patient waive the prescriber's responsibility for an accurate eye exam. This does not make the prescriber liable for another seller's goods or services. That applies when the seller follows a correctly verified prescription.
A prescriber* cannot put a waiver on a prescription. The prescriber also cannot ask a patient to sign a waiver, or hand the patient a notice that waives or disclaims something. What that waiver would try to give up is the prescriber's liability or responsibility for the accuracy of the eye examination. In plain words, the prescriber cannot make a patient give up the right to hold the prescriber responsible if the eye exam was done wrong.
This rule does not go further than that. It does not make the prescriber responsible for the ophthalmic goods and services that a different seller provides. That protection for the prescriber only applies when the seller fills the order based on a prescription the prescriber correctly verified.
A prescriber* may not place on the prescription, or require the patient to sign, or deliver to the patient a form or notice waiving or disclaiming the liability or responsibility of the prescriber for the accuracy of the eye examination. The preceding sentence does not impose liability on a prescriber for the ophthalmic goods and services dispensed by another seller pursuant to the prescriber’s correctly verified prescription.
Source credit: (Pub. L. 108–164, § 7, Dec. 6, 2003, 117 Stat. 2026.)
- 2003Enacted · Pub. L. 108-164 · 117 Stat. 2026
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-164 on 2003-12-06.
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