Following the Federal Trade Commission’s (FTC) final changes to the Ophthalmic Practice Rules (better known as the Eyeglass Rule), the updated rule officially goes into effect on Sept. 24.
The significance of this: These long-awaited changes come following an initial December 2022 proposal to amend the rule in order to promote competition and consumer choice.
Alrighty, let’s start with some background of all this.
Originally issued by the FTC in 1978, the Eyeglass Rule’s initial purpose was to require eyecare practitioners (ECPs) to give patients a copy of their prescription after an eye exam for no extra cost, as well as preventing ECPs from:
- Requiring patients to purchase ophthalmic goods (contact lenses and eyeglasses) from their office as a mandate for receiving an eye exam that includes a refraction—even if a patient did not request the refraction
- Requiring patients to pay additional fees or sign a waiver/release as a condition of verifying or releasing a prescription
And what did the FTC want to change?
Essentially, the agency’s December 2022 proposal sought to require ECPs to obtain a patient’s confirmation that they had received a copy of their contact lens or glasses prescription following the completion of an eye exam.
- See our rundown on these changes (and click here for the official pdf).
Go on …
As the American Optometric Association (AOA) pointed out, this update is similar to the requirements of the Contact Lens Rule of 2020, which required patients to gain access to their prescription prior to ECPs offering them products for sale.
- Interesting to note: The AOA previously advocated against the FTC’s proposed changes, saying that “the proposals don’t reflect real-world marketplace conditions, making signed forms to confirm receipt of prescriptions unnecessary.”
I have to ask: What’s the reasoning for these updates?
Ideally, the changes are intended to increase compliance among prescribing ECPs and to ensure consumers' choices are protected from prescribers who fail to give patients their prescriptions automatically.
To support this: The rule also requires prescribers to “request that their patients sign a statement confirming they received their prescription,” and that they must keep a record of that signed confirmation statement for at least 3 years.
- Take note: These updates—“which mostly mirror those already in place for contact lens prescriptions [via the Contact Lens Rule of 2020]”—will only apply to optometrists and ophthalmologists “who have a financial interest in selling prescription eyewear,” according to the FTC.
Duly noted. Now let’s talk prescription formats.
Notably, ECPs are permitted to provide patients with a copy of their prescription via digital format.
However: They are not allowed to ask a patient if they want a digital format—the patient “must consent to electronic delivery and the consent must specify the method by which the prescription will be delivered,” the AOA noted.
How would ECPs do this, exactly?
Check out the AOA’s Eyeglass Rule Compliance Kit (originally developed for that 2020 Contact Lens Rule) for tips on how to offer specific recommendations that will comply with the updated rule.
Additionally: The 18-page kit offers answers to frequently asked questions; authorization templates; and information on the AOA’s advocacy efforts supporting the Eyeglass Rule.
Can the same form be used for all prescriptions?
Yes, but only for electronic delivery (ie: a digital format). In this case, one form can be used to acquire patients’ confirmation of how they want to receive their contact lens and eyeglass prescriptions.
What this offers: Convenience, particularly for ECPs issuing prescriptions to patients via online portals, according to the AOA.
So … why now?
The big issue at play: compliance.
- Specifically: The FTC noted a number of consumer complaints pertaining to violation to the Eyeglass Rule in recent years, which have ultimately led to warning letters being issued to ECPs across the country.
Case in point: In January 2023, the agency sent 24 cease-and-desist letters to ECPs for failing to comply with the federal rule—and this was preceded by 28 letters issued to ECPs in 2020 for similar compliance issues.
Yikes. So what happens to ECPs who don’t comply with these changes?
Similar to those 2020 and 2023 cases noted above, “warning letters and potentially civil monetary penalties,” according to the AOA.
- Plus: The FTC may also request documentation of a specific prescription release, where ECPs would be required to “provide either the consent for electronic delivery and proof of electronic delivery or the signed acknowledgement form, receipt or signed prescription.”
Lastly, where can I see the updated Eyeglass Rule in its entirety?
Click here to view.
*Disclaimer: The information provided in this article does not and is not intended to constitute legal advice; instead, all information, content, materials available herein are for general information purposes only.