The Federal Trade Commission (FTC) will hold a public workshop to assess changes that have been proposed to the Ophthalmic Practice Rules (better known as the Eyeglass Rule).
Give me some background on this rule first.
The FTC issued the Eyeglass Rule in 1978 to require eye care practitioners (ECPs) to give patients a copy of their prescription after an eye exam for no extra cost.
The rule also prohibits eye care practitioners (ECPs) from requiring patients to purchase ophthalmic goods—including contact lenses and eyeglasses—from their office as a requirement for receiving an eye exam that includes a refraction (even if a patient does not request it).
Additionally, ECPs are prohibited from requiring patients to pay additional fees, sign a waiver, or a release as a condition of verifying or releasing a prescription.
Now talk about these changes.
The FTC announced a proposal in December 2022 to update the Eyeglass Rule to include the following:
- Pending a patient’s consent, ECPs can provide a digital copy of the glasses and/or contact lens prescription in lieu of a paper copy.
- Verify that a patient's proof of insurance will be payment choice for when a prescription must be provided.
- Amend the term “eye examination” to “refractive eye examination” throughout the rule.
Why now?
According to the FTC, consumer complaints regarding violations to this rule over the past few years have led to warning letters being issued.
Most recently, the FTC sent 24 cease-and-desist letters to ECPs across the country for failing to comply with the rules in January 2023 while 28 letters were forwarded to ECPs in 2020.
The proposed changes, as conveyed by the FTC, are a means to ensure consumers' choices are protected from prescribers who fail to give patients their prescriptions automatically.
Tell me about this workshop.
Called “A Clear Look at the Eyeglass Rule,” the free workshop will be held as a half-day event, open to the public, on May 19, 2023, in Washington, DC, at the Constitution Center from 9 am to 1 pm ET in the first-floor conference room. A livestream will also be available.
The event is being held in conjunction with the FTC’s regulatory review of the Eyeglass Rule (issued in January 2023). A more detailed agenda is expected to be released in the coming weeks.
Who can participate?
The FTC is currently accepting requests to participate as a panel for the workshop now through April 7, 2023.
Additional public comments are welcome until June 20, 2023, for those interested in providing input on the event’s discussion topics.