In Wisconsin, dispensing opticians need not be licensed. Wis. Stat. § 449.02(1) (Supp. 1992). A dispensing optician is one who, among other things, fills prescriptions of physicians and optometrists for ophthalmic lenses. Id. § 449.01(2). Duplications, reproductions and replacements may be done without prescription. Id. "Furnishing" contact lenses, however, is considered the practice of optometry, id. § 449.01(1)(a), which, of course, is highly regulated, seeid. §§ 449.01-.19 (1988 & Supp. 1992); Wis. Admin. Code §§ Opt. 1.01-.03; 5.01-.14 (1993).
Accordingly, whether a manufacturer may dispense contact lenses by mail in Wisconsin depends on whether it is deemed to fall within the definition of "dispensing optician." If so, the activity would apparently be free from significant restrictions.
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